Report Adopted by the Nine-Power Conference at Brussels on November 24, 193764
Following is the text of the report adopted on November 24, 1937, by the Nine Power Conference at Brussels, Belgium:
“The Conference at Brussels was assembled pursuant to an invitation extended by the Belgian Government at the request of His Majesty’s Government in the United Kingdom with the approval of the American Government. It held its opening session on November 3, 1937. The Conference has now reached a point at which it appears desirable to record the essential phases of its work.
“In the winter of 1921–22 there were signed at Washington a group of inter related treaties and agreements of which the Nine Power Treaty regarding principles and policies to be followed in matters concerning China constituted one of the most important units. These treaties and agreements were the result of careful deliberation and were entered into freely. They were designed primarily to bring about conditions of stability and security in the Pacific area.
“The Nine Power Treaty stipulates in Article one that
“‘The Contracting Powers, other than China, agree: [Page 418]
- “‘(1) To respect the sovereignty, the independence, and the territorial and administrative integrity of China;
- “‘(2) To provide the fullest and most unembarrassed opportunity to China to develop and maintain for herself an effective and stable government;
- “‘(3) To use their influence for the purpose of effectually establishing and maintaining the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China;
- “‘(4) To refrain from taking advantage of conditions in China in order to seek special rights or privileges which would abridge the rights of subjects or citizens of friendly States, and from countenancing action inimical to the security of such States.’
“Under and in the light of these undertakings and of the provisions contained in the other treaties, the situation in the Pacific area was for a decade characterized by a substantial measure of stability, with considerable progress towards the other objectives envisaged in the treaties. In recent years there have come a series of conflicts between Japan and China, and these conflicts have culminated in the hostilities now in progress.
“The Conference at Brussels was called for the purpose, as set forth in the terms of the invitation, ‘of examining in conformity with Article seven of that treaty, the situation in the Far East and of studying peaceable means of hastening an end of the regrettable conflict which prevails there.’ With the exception of Japan, all of the signatories and adherents to the Nine Power Treaty of February 6, 1922 accepted the invitation and sent representatives to Brussels for the purpose stated in the invitation.
“The Chinese Government, attending the Conference and participating in its deliberations, has communicated with the other parties to the Nine Power Treaty in conformity with Article 7 of that treaty. It has stated here that its present military operations are purely in resistance to armed invasion of China by Japan. It has declared its willingness to accept a peace based upon the principles of the Nine Power Treaty and to collaborate wholeheartedly with the other powers in support of the principle of the sanctity of treaties.
“The Japanese Government in replying with regret that it was not able to accept the invitation to the Conference affirmed that ‘the action of Japan in China is a measure of self defense which she has been compelled to take in the face of China’s fierce anti-Japanese policy and practice and especially by her provocative action in resorting to force of arms; and consequently it lies, as has been declared already by the Imperial Government, outside the purview of the Nine Power Treaty’; and advanced the view that an attempt to seek a solution at a gathering of so many powers ‘would only serve to complicate the situation still further and to put serious obstacles in the path of a just and proper solution.’
[Page 419]“On November 7, 1937 the Conference sent through the Belgian Government to the Japanese Government a communication in the course of which the Conference inquired whether the Japanese Government would be willing to depute a representative or representatives to exchange views with representatives of a small number of powers to be chosen for that purpose, the exchange of views to take place within the framework of the Nine Power Treaty and in conformity with the provisions of that treaty, toward throwing further light on points of difference and facilitating a settlement of the Sino-Japanese conflict. In that communication the representatives of the states met at Brussels, expressed their earnest desire that peaceful settlement be achieved.
“To that communication the Japanese Government replied in a communication of November 12, 1937 stating that it could not do otherwise than maintain its previously expressed point of view that the present action of Japan in her relations with China was a measure of self defense and did not come within the scope of the Nine Power Treaty; that only an effort between the two parties would constitute a means of securing the most just and the most equitable settlement, and that the intervention of a collective organ such as the Conference would merely excite public opinion in the two countries and make it more difficult to reach a solution satisfactory to all.
“On November 15 the Conference adopted a declaration in the course of which it affirmed that the representatives of the Union of South Africa, the United States of America, Australia, Belgium, Bolivia, Canada, China, France, the United Kingdom, India, Mexico, Netherlands, New Zealand, Portugal, and the Union of Socialist Soviet Republics ‘… consider this conflict of concern in fact to all countries party to the Nine Power Treaty of Washington of 1922 and to all countries party to the Pact of Paris of 1928 and of concern in fact to all countries members of the family of nations.’
“In the presence of this difference between the views of the Conference and of the Japanese Government there now appears to be no opportunity at this time for the Conference to carry out its terms of reference insofar as they relate to entering into discussions with Japan towards bringing about peace by agreement. The Conference therefore is concluding this phase of its work and at this moment of going into recess adopts a further declaration of its views.
“The text of the communication sent to the Japanese Government on November 7, 1937 reads as follows:
“‘The representatives of the states met in Brussels on November 3, last, have taken cognizance of the reply which the Japanese Government sent in of October 27 to the invitation of the Belgian Government, and the statement which accompanied this reply.
“‘In these documents the Imperial Government states that it cherishes [Page 420] no territorial ambitions in respect of China and that on the contrary it sincerely desires “to assist in the material and moral development of the Chinese nation”, that it also desires “to promote cultural and economic cooperation” with the foreign powers in China and that it intends furthermore scrupulously “to respect foreign rights and interest[s] in that country.”
“‘The points referred to in this declaration are among the fundamental principles of the Treaty of Washington of February 6, 1922 (The Nine Power Treaty). The representatives of the states parties to this treaty have taken note of the declarations of the Imperial Government in this respect.
“‘The Imperial Government moreover denies that there can be any question of a violation of the Nine Power Treaty by Japan and it formulates a number of complaints against the Chinese Government. The Chinese Government for its part contends that there has been violation, denies the charges of the Japanese Government and, in turn, makes complaint against Japan.
“‘The treaty has made provision for just such a situation. It should be borne in mind that the exchange of views taking place in Brussels is based essentially on these provisions and constitutes “full and frank communication” as envisaged in Article VII. This Conference is being held with a view to assisting in the resolving by peaceful means of a conflict between parties to the treaty.
“‘One of the parties to the present conflict, China, is represented at the Conference and has affirmed its willingness fully to cooperate in its work.
‘“The Conference regrets the absence of the other party, Japan, whose cooperation is most desirable.
“‘The Imperial Government states that it is “firmly convinced that an attempt to seek a solution at a gathering of so many powers whose interests in East Asia are of varying degree[s], or who have practically no interests there at all, will only serve to complicate the situation still further and to put serious obstacles in the path of a just and proper solution.”
“‘It should be pointed out that all of these powers which are parties to the treaty are, under the terms of this instrument, entitled to exercise the rights which the treaty confers upon them; that all powers which have interests in the Far East are concerned regarding the present hostilities; and that the whole world is solicitous with regard to the effect of these hostilities on the peace and security of the members of the family of nations.
“‘However, the representatives of the states met at Brussels believe that it may be possible to allay Japan’s misgivings referred to above; they would be glad to know whether the Imperial Government would be disposed to depute a representative or representatives to exchange views with representatives of a small number of powers to be chosen for that purpose. Such an exchange of views would take place within the framework of the Nine Power Treaty and in conformity with the provisions of that treaty. Its aims would be to throw further light on the various points referred to above and to facilitate a settlement of the conflict. Regretting the continuation of hostilities, being firmly convinced that a peaceful settlement is alone capable of insuring a lasting and constructive solution of the present conflict, and having confidence in the efficacy [Page 421] of methods of conciliation, the representatives of the states met at Brussels earnestly desire that such a settlement may be achieved.
“‘The states represented at the Conference would be very glad to know as soon as possible the attitude of the Imperial Government towards this proposal.’
“The text of the declaration adopted by the Conference on November 15, 1937 reads as follows: [For text, see page 410.]
“The text of the declaration adopted by the Conference November 24, 1937 reads as follows:
“‘The Nine Power Treaty is a conspicuous example of numerous international instruments by which the nations of the world enunciate certain principles and accept certain self denunciatory rules in their conduct with each other solemnly undertaking to respect the sovereignty of other nations, to refrain from seeking political or economic domination of other nations, and to abstain from interference in their internal affairs.
“‘These international instruments constitute a framework within which international security and international peace are intended to be safeguarded without resort to arms and within which international relationships should subsist on the basis of mutual trust, good will and beneficial trade and financial relations.
“‘It must be recognized that whenever armed force is employed in disregard of these principles the whole structure of international relations based upon the safeguards provided by treaties is disturbed. Nations are then compelled to seek security in ever increasing armaments. There is created everywhere a feeling of uncertainty and insecurity. The validity of these principles cannot be destroyed by force, their universal applicability cannot be denied and indispensability to civilization and progress cannot be gainsaid.
“‘It was in accordance with these principles that this Conference was called in Brussels for the purpose, as set forth in the terms of the invitation issued by the Belgian Government “of examining in conformity with article seven of the Nine Power Treaty, the situation in the Far East and of studying peaceable means of hastening an end of the regrettable conflict which prevails there.”
“‘Since its opening session on November 3rd the Conference has continuously striven to promote conciliation and has endeavored to secure the cooperation of the Japanese Government in the hope of arresting hostilities and bringing about a settlement.
“‘The Conference is convinced that force can provide not [no] just and lasting solution for disputes between nations. It continues to believe that it would be to the immediate and the ultimate interest of both parties to the present dispute to avail themselves of the assistance of others in an effort to bring hostilities to an early end as a necessary preliminary to the achievement of a general and lasting settlement. It further believes that a satisfactory settlement cannot be achieved by direct negotiation between the parties to the conflict alone and that only by consultation with other powers principally concerned can there be achieved an agreement the terms of which will be just, generally acceptable and likely to endure.
“‘This Conference strongly reaffirms the principles of the Nine Power Treaty as being among the basic principles which are essential [Page 422] to world peace and orderly progressive development of national and international life.
“‘The Conference believes that a prompt suspension of hostilities in the Far East would be in the best interests not only of China and Japan but of all nations. With each day’s continuance of the conflict the loss in lives and property increases and the ultimate solution of the conflict becomes more difficult.
“‘The Conference therefore strongly urges that hostilities be suspended and resort be had to peaceful processes.
“‘The Conference believes that no possible step to bring about by peaceful processes a just settlement of the conflict should be overlooked or omitted.
‘“In order to allow time for participating governments to exchange views and further explore all peaceful methods by which a just settlement of the dispute may be attained consistently with the principles of the Nine Power Treaty and in conformity with the objectives of that treaty the Conference deems it advisable temporarily to suspend its sittings. The conflict in the Far East remains, however, a matter of concern to all of the powers assembled at Brussels—by virtue of commitments in the Nine Power Treaty or of special interest in the Far East—and especially to those most immediately and directly affected by conditions and events in the Far East. Those of them that are parties to the Nine Power Treaty have expressly adopted a policy designed to stabilize conditions in the Far East and, to that end, are bound by the provisions of that treaty, outstanding among which are those of articles 1 and 7.
“‘The Conference will be called together again whenever its chairman or any two of its members shall have reported that they consider that its deliberations can be advantageously resumed.’”
Both China and Italy requested that statements of position they made should be considered as integral parts of the report.65