511.4A6/371: Telegram

The Chairman of the American Delegation (Caldwell) to the Acting Secretary of State

34. It is proposed that the convention now being drafted shall contain the following articles of the Geneva Convention, probably copied in without reference to that Convention:

Chapter 3, Internal control of manufactured drugs; Chapter 5, Control of international trade; Chapter 6, Permanent control board.

The Department’s instructions are requested as to whether this delegation should sign a convention containing these articles and if not, what action the delegation should take regarding them.

Similar instructions are requested concerning the proposed inclusion in the convention of either article 23 of Advisory Committee draft convention omitting words “except in the cases referred to in paragraphs 1 and 6 of article 10” in lines 2 and 3 or following substitute proposed by Swiss delegation with a view to avoiding objection to article 23.

(2) “if there should arise between the high contracting parties a dispute of any kind relating to the interpretation or application of the present convention and if such dispute cannot be satisfactorily settled by diplomacy it shall be settled in accordance with any applicable agreements in force between the parties providing for the settlement of international disputes.

“In case there is no such agreement in force between the parties the dispute shall be referred to arbitration or judicial settlement in accordance with the constitutional procedure of each of the parties to the dispute. In the absence of agreement on the choice of another tribunal the dispute shall be referred to the Permanent Court of International Justice, if all the parties to the dispute are parties to [Page 662] the convention of the 16th December, 1920, relating to the statute of the court;1 and if any of the parties to the dispute is not a party to the protocol of the 16th December, 1920, the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of the 18th October, 1917 [1907],2 for the pacific settlement of international conflicts”.

  1. For texts of protocol of signature and statute, see Foreign relations, 1920, vol. i, pp. 17, 18.
  2. Ibid., 1907, pt. 2, p. 1181.