711.6512/66

The Italian Embassy to the Department of State6

By his note of April 16, 1931, His Excellency the Secretary of State sent to the Italian Ambassador a draft treaty which should replace the Treaty for the Advancement of Peace signed between Italy and the United States on May 5th, 1914.

By this draft treaty, while certain suggestions made by the Italian Government are accepted, two are not concurred into: viz: the one concerning the fixing of the allowances to be paid by the respective parties to the members of the Commission appointed by them, and the one regarding the possibility that either party withdraw its consent to the designation of members of the Commission designated by the two parties acting jointly.

In order to facilitate the conclusion of the agreement the Italian Government does not insist on the first of these suggestions.

As to the second, the Italian Government wishes to point out that the provision suggested on its part is inserted in numerous treaties of the same nature stipulated by Italy, as for instance the Italo-Swiss Treaty of Conciliation and Judicial settlement (“Trattato di conciliazione e regolamento guidiziario”) of September 20, 19247 (Art. [Page 617]3) which may be described as one of the most complete and modern among agreements of this type.

The Italian Government, however, recognizing that this provision might give rise to the one inconvenience of leaving open to one of the two contracting Parties the possibility of obstructing—by the withdrawal of the assent given for the appointment of the Members selected of one accord—the functioning of the Commission and the beginning of the conciliation procedure, would be ready to accept the insertion of a provision to the effect that a period of time be established within which the member designated in common and revoked by the will of one of the two Governments must be replaced.

The Italian Ambassador expresses the hope that this suggestion will be acceptable to the United States Department of State.

  1. Handed to the Assistant Chief of the Treaty Division by the Counsellor of the Italian Embassy, July 23, 1931.
  2. League of Nations Treaty Series, vol. xxxiii, p. 92.