[Enclosure—Translation]
Beagle Channel Convention
The Government of the Argentine Republic and the Government of
the Republic of Chile, with the purpose of removing the only
controversy at present existing between both countries,
concerning the determination to which of them corresponds the
sovereignty over the Picton, Nueva and Lennox Islands and
adjoining islets located within the Beagle Channel in the area
comprised between Tierra del Fuego, the Dumas Peninsula and
Navarrino Islands;
Considering that, given the excellent links which through history
and up to the present time have bound and continue to bind both
republics, the arbitral solution is that which corresponds
closest to the spirit of true international brotherhood existing
between them;
That from this point of view it is desirable that recourse be had
to an arbitral solution to this matter and to that end both
governments agree that the functions of arbitrator are to be
exercised by an American jurist whose record will assure
competence and impartiality;
That the solution of this matter will reaffirm the friendly and
peaceful relations existing between both countries;
Have resolved to designate the following plenipotentiaries for
this purpose:
His Excellency the President of the Argentine Republic, Dr.
Roberto M. Ortiz, His Excellency don José Maria Cantilo,
Minister of Foreign Affairs, and His Excellency the President of
the Republic of Chile, Dr. Arturo Alessandri, His Excellency Dr.
José Ramón Gutiérrez, Minister of Foreign Affairs.
Who, duly authorized, have agreed to submit the controversy in
question to arbitration in conformity with the following bases:
- Article 1: There shall be designated by both
governments as arbitrator the Honorable Homer Cummings,
Attorney General of the United States, who shall proceed
to determine in accordance with existing treaties to
which of the high contracting parties corresponds the
sovereignty over Picton, Nueva and Lennox Islands and
adjoining islets located within the Beagle Channel in
the area comprised between Tierra del Fuego, the Dumas
Peninsula and Navarrino Islands.
- Article 2: The question shall be submitted to the
arbitrator by means of a note signed jointly by the
Ambassadors of both countries accredited to the United
States.
- Article 3: The arbitrator designated shall be able to
dictate his decision once he has received a brief or
written exposition from each
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one of the parties, although he is
also authorized prior thereto to request from the same
parties further information.
- Article 4: This convention shall be submitted as
rapidly as possible for the necessary ratification and
once that is obtained ratifications shall be exchanged
in the city of Buenos Aires within thirty days from the
final approval by both countries.
In faith of which the undersigned sign and seal two copies of the
present convention in the city of Santiago on the fourth day of
the month of May 1938.