Its principal purpose is to give a character of permanency to and
establish in organic form the agreement of wills which that noble
international act signified which has come to establish the bonds which
unite the countries of America.
It is also proposed to strengthen the Kellogg-Briand Pact, adapting it to
the Covenant of the League of Nations6 and to the
various resolutions of the Pan American Conferences, and thus facilitate
its universal application.
My Government believes that this Draft Anti-war Treaty which aids in
enlarging the radius of the application of the initiative of the United
States, will merit its approval and adhesion.
[Enclosure—Extract—Translation]7
Draft of a South American Anti-War Treaty
(Non-Aggression and Conciliation)
In an endeavor to contribute to the consolidation of peace, and in
order to express their adherence to the efforts that all civilized
nations have made to further the spirit of universal harmony;
[Page 262]
To the end of condemning wars of aggression and territorial
acquisitions secured by means of armed conquest and of making them
impossible, of sanctioning their invalidity through the positive
provisions of this Treaty, and in order to replace them with pacific
solutions based upon lofty concepts of justice and equity;
Being convinced that one of the most effective means of insuring the
moral and material benefits the world derives from peace, is through
the organization of a permanent system of conciliation of
international disputes, to be applied upon a violation of the
hereinafter mentioned principles;
Have decided to record, in conventional form, these aims of
nonaggression and concord, through the conclusion of the present
Treaty, to which end they have appointed as their
Plenipotentiaries:
His Excellency the President of the Argentine Republic, . . . . . .
.
Who, after having communicated their respective full powers, which
were found in good and due form, have agreed on the following
provisions:
Article I
The High Contracting Parties solemnly declare that they condemn wars
of aggression in their mutual relations, and that the settlement of
disputes and controversies shall be effected only through the
pacific means established by International Law.
Article II
They declare that territorial questions must not be settled by resort
to violence and that they shall recognize no territorial arrangement
not obtained through pacific means, nor the validity of an
occupation or acquisition of territory brought about by armed
force.
Article III
In case any of the Parties to the dispute fails to comply with the
obligations set forth in the foregoing articles, the Contracting
States undertake to make every effort in their power for the
maintenance of peace. To that end, and in their character of
neutrals, they shall adopt a common and solidary attitude; they
shall exercise the political, juridical or economic means authorized
by International Law; they shall bring the influence of public
opinion to bear; but in no case shall they resort to intervention
either diplomatic or armed. The attitude they may have to take under
other collective treaties of which said States are signatories, is
excluded from the foregoing provisions.
[Page 263]
Article IV
The High Contracting Parties, with respect to all controversies which
have not been settled through diplomatic channels within a
reasonable period, obligate themselves to submit to the conciliatory
procedure created by this Treaty, the disputes specifically
mentioned, and any others that may arise in their reciprocal
relations, without any further limitations than those recited in the
following Article.
Article V
The High Contracting Parties and the States which may hereafter
accede to this Treaty, may not formulate at the moment of signing,
ratifying or adhering thereto, limitations to the procedure of
Conciliation other than those indicated below:
-
a)
- Controversies for the settlement of which pacifist
treaties, conventions, covenants, or agreements, of any
nature, have been concluded. These shall in no case be
deemed superseded by this Treaty; to the contrary, they
shall be considered as supplemented thereby insofar as they
are directed to insure peace. Questions or issues settled by
previous treaties are also included in the exception.
-
b)
- Disputes that the Parties prefer to settle by direct
negotiation or through submission to an arbitral or judicial
procedure by mutual consent.
-
c)
- Issues that International Law leaves to the exclusive
domestic jurisdiction of each State, under its
constitutional system. On this ground the Parties may object
to their being submitted to the procedure of conciliation
before the national or local jurisdiction has rendered a
final decision. Cases of manifest denial of justice or delay
in the judicial proceedings are excepted, and should they
arise, the procedure of conciliation shall be started not
later than within the year.
-
d)
- Questions affecting constitutional provisions of the
Parties to the controversy. In case of doubt, each Party
shall request its respective Tribunal or Supreme Court,
whenever vested with authority therefor, to render a
reasoned opinion on the matter.
At any time, and in the manner provided for in Article XV, any High
Contracting Party may communicate the instrument stating that it has
partially or totally dropped the limitations set thereby to the
procedure of conciliation.
The Contracting Parties shall deem themselves bound to each other in
connection with the limitations made by any of them, only to the
extent of the exceptions recorded in this Treaty.
Article VI
Should there be no Permanent Commission of Conciliation, or any other
international body charged with such a mission under previous
Treaties in force, the High Contracting Parties undertake
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to submit their
controversies to examination and inquiry by a Commission of
Conciliation to be organized in the manner hereinafter set forth,
except in case of an agreement to the contrary entered into by the
Parties in each instance:
The Commission of Conciliation shall consist of five members. Each
Party to the controversy shall appoint one member, who may be chosen
from among its own nationals. The three remaining members shall be
appointed by agreement of the Parties from among nationals of third
nations. The latter must be of different nationalities, and shall
not have their habitual residence in the territory of the Parties
concerned, nor be in the service of either one of them. The Parties
shall select the President of the Commission of Conciliation from
among these three members.
Should the Parties be unable to agree, they may request a third
nation or any other existing international body to make those
designations. Should the nominees so designated be objected to by
the Parties, or by any of them, each Party shall submit a list
containing as many names as vacancies are to be filled, and the
names of those to sit on the Commission of Conciliation shall be
determined by lot.
Article VII
Those Tribunals or Supreme Courts of Justice vested by the domestic
law of each State with authority to interpret, as a Court of sole or
final recourse and in matters within their respective jurisdiction,
the Constitution, the treaties or the general principles of the Law
of Nations, may be preferred for designation by the High Contracting
Parties to discharge the duties entrusted to the Commission of
Conciliation established in this Treaty. In this event, the Tribunal
or Court may be constituted by the whole bench or may appoint some
of its members to act independently or in Mixed Commissions
organized with justices of other Courts or Tribunals, as may be
agreed by the Parties to the controversy.
Article VIII
The Commission of Conciliation shall establish its own Rules of
Procedure. These shall provide, in all cases, for hearing both
sides.
The Parties to the controversy may furnish, and the Commission may
request from them, all the antecedents and data necessary. The
Parties may be represented by Agents, with the assistance of Counsel
or experts, and may also submit every kind of evidence.
Article IX
The proceedings and discussions of the Commission of Conciliation
shall not be made public unless there is a decision to that effect,
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assented to by the
Parties. In the absence of any provision to the contrary, the
Commission shall adopt its decisions by a majority vote; but it may
not pass upon the substance of the issue unless all its members are
in attendance.
Article X
It is the duty of the Commission to procure a conciliatory settlement
of the disputes submitted to it. After impartial consideration of
the questions involved in the dispute, it shall set forth in a
report the outcome of its work and shall submit to the Parties
proposals for a settlement on the basis of a just and equitable
solution. The report of the Commission shall, in no case, be in the
nature of a decision or arbitral award, either in regard to the
exposition or interpretation of facts or in connection with
juridical considerations or findings.
Article XI
The Commission of Conciliation shall submit its report within a year
to be reckoned from the day of its first sitting, unless the Parties
decide, by common accord, to shorten or extend that term.
Once started, the procedure of conciliation may only be interrupted
by a direct settlement between the Parties, or by their later
decision to submit, by common accord, the dispute to arbitration or
to an international court.
Article XII
On communicating its report to the Parties, the Commission of
Conciliation shall fix a period of time, which shall not exceed six
months, within which the Parties shall pass upon the bases of
settlement it has proposed. Once this period of time has expired the
Commission shall set forth in a final act the decision of the
Parties.
Should the period of time lapse without the Parties having accepted
the settlement, nor adopted by common accord another friendly
solution, the Parties to the controversy shall regain their freedom
of action to proceed as they may see fit within the limitations set
forth in Articles I and II of this Treaty.
Article XIII
From the outset of the procedure of conciliation until the expiration
of the term set by the Commission for the Parties to make a
decision, they shall abstain from any measure which may prejudice
the carrying out of the settlement to be proposed by the Commission
and, in general, from every act capable of aggravating or prolonging
the controversy.
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Article XIV
During the procedure of conciliation the members of the Commission
shall receive honoraria in the amount to be agreed upon by the
Parties to the controversy. Each Party shall bear its own expenses
and a moiety of the joint expenses or honoraria.
Article XV
This Treaty shall be ratified by the High Contracting Parties, as
soon as possible, in conformity with their respective constitutional
procedures.
The original Treaty and the instruments of ratification shall be
deposited in the Ministry of Foreign Affairs of the Argentine
Republic which shall give notice of the ratifications to the other
Signatory States. The Treaty shall enter into effect for the High
Contracting Parties in the order in which they deposit their
ratifications.
Article XVI
Any State not a signatory of this Treaty may adhere to it by sending
the appropriate instrument to the Ministry of Foreign Affairs of the
Argentine Republic, to the end that it may notify the other
Contracting States.
Article XVII
This Treaty is concluded for an indefinite period, but it may be
denounced by means of one year’s previous notice at the expiration
of which it shall cease to be in force as regards the Party
denouncing the same, but shall remain in a force as regards the
other signatories. Notice of the denunciation shall be addressed to
the Ministry of Foreign Affairs of the Argentine Republic which will
transmit it to the other High Contracting Parties.
In witness whereof, the above mentioned Plenipotentiaries have signed
this Treaty. . . . . . .