724.3415/4089: Telegram
The Acting Secretary of State to the Ambassador in Argentina (Weddell)
106. The Department received last night from the Bolivian Minister the text of the Bolivian suggestions for modification to the conciliation formula. The Argentine Ambassador this morning received a cable from Saavedra Lamas stating that in his opinion, after preliminary study, the Bolivian suggestions were “conciliable” and that he had immediately transmitted the text to the Government of Paraguay.
In the opinion of the Department, the proposals appear reasonable, although Article VII as proposed by Bolivia lacks clarity and leaves open to doubt the determination of the arbitral tribunal and the time for the signing of the arbitral agreement. The Bolivian Minister here has stated that he believes that his Government would accept the Permanent Court of International Justice and would be quite willing that the arbitral agreement should be signed within the period fixed for conciliation. Consequently, it would seem highly desirable that Article VII as proposed by Bolivia should be amended to read as follows:
“Bolivia and Paraguay declare that in the event that the conciliation is not successful, they will sign an agreement within the same period of 70 days mentioned above in Article VI, submitting to the juridical arbitration of the Permanent Court of International Justice the determination of the rightful sovereignty of the territory in dispute, [Page 192] in accordance with the principle of ‘uti possidetis juris’ of 1810 and the declaration of August 3, 1932, the Court to take into consideration in arriving at its decision the maximum claims, and no greater claims, than those previously advanced by the two parties, namely, by Bolivia, in the memorandum of February 28, 1933, addressed to the Governments of the neighboring countries;27 and by Paraguay, in the note of her Delegate to the League of Nations dated June 6, 1933. [”]28
Please state to Dr. Saavedra Lamas at the earliest possible opportunity that this Government has learned with the greatest gratification of his opinion that the Bolivian proposals appear to offer a basis for settlement, which opinion this Government fully shares. Explain to him the feeling which I hold regarding the revision of Article VII as suggested by Bolivia and read to him the suggested amendment thereof as above quoted. Please state that it would seem highly desirable to leave no room for controversy or doubt as to this exceedingly important point in his conciliation formula and that should he consider it desirable, the suggestions indicated would be pressed upon Bolivia by the United States and, it is anticipated, by Brazil as well, with the hope that this further revision may make it easier to obtain the agreement by Paraguay to the original amendments suggested by Bolivia.
You should further state that this Government has received this evening a cable from Geneva29 reporting that Najera, the Chairman of the Council Committee, has stated that should Argentina furnish an official statement which could be made public to the effect that a satisfactory settlement at Buenos Aires was imminent, the Assembly would not take up the question for at least 1 or 2 weeks; that should an immediate statement or later statements indicate that the peace plans were progressing favorably or that a settlement was not probable until after the Assembly session on the call for the Assembly of an expose of the peace project which the Assembly found satisfactory, the Assembly would probably be willing to withhold independent action pending the result of such efforts. The Department understands that this information has been cabled by the Argentine Delegate to Dr. Saavedra Lamas. This Government shares the belief expressed by Dr. Saavedra Lamas through the Argentine Ambassador here that it would be deeply regrettable if the exceedingly favorable prospects for peace resulting from his initiative were now jeopardized by a conflict of jurisdiction and that it is hoped that he may find it possible to give the statement requested by the Chairman of the Council Committee. This Government has reason to believe that Bolivia will [Page 193] be willing to withdraw her petition for action under Article XV as soon as a definite agreement with Paraguay on the basis of the Argentine conciliation formula has been reached.
Please cable fully Dr. Saavedra Lamas’ views on the above points at the earliest possible opportunity.
- Foreign Relations, 1933, vol. iv, p. 279.↩
- See Paraguay, Libro Blanco, pt. iv (Asuncion, 1934), p. 11.↩
- See telegram No. 224, September 7, 4 p.m., from the Consul at Geneva, p. 79.↩