875.01/11–2445: Telegram
The Secretary of State to the Representative in Albania (Jacobs)
115. Mistel 202, Nov 24, rptd to Caserta as 247 with reference to Hoxha’s reply to Dept’s request regarding treaties (Deptel 109 [Page 75] Nov 14 [15], rptd to Caserta as 977), please communicate in note to Hoxha Dept’s views along following lines upon your return to Tirana:74
“US Govt has endeavored to expedite establishment of diplomatic relations with existing Albanian regime and accordingly, having taken into account destruction of Albanian archives, modified its original request that validity of treaties and agreements in force between US and Albania on April 7, 1939, be confirmed and asked only for affirmation, pending later examination of specific treaty texts, of established principle of international law respecting continuing validity of treaties entered into by previous Govts and not legally terminated.
Far from involving contractual obligations which are onerous in character or to disadvantage of Albanian people, the treaties and agreements in effect between the US and Albania are consistent with and constitute a basis for Albania’s assumption of responsible place within family of nations. It is also pertinent to note that although treaties in question have been temporarily inoperative because of circumstances brought about by the war, the treaty obligations are of such nature as not to be invalidated thereby. If certain provisions in existing US–Albanian agreements or particular agreements themselves require in view of Albanian authorities to be modified, suspended until conclusion of new agreements, or terminated because of changed circumstances or for other legitimate reasons, it is conviction of this Govt that such steps should take place by common accord as result of negotiation or after appropriate prior notice rather than by unilateral act of repudiation. Revision or termination of any agreement, if effectuated in accordance with customary international law, would necessarily involve prior recognition that agreement exists and is presently in force.
In view of considerations outlined above, US Govt does not feel able to proceed with establishment of diplomatic relations with existing Albanian authorities until it has received requested assurances regarding status of treaties and agreements in effect between US and Albania on April 7, 1939. Meanwhile, it is hope of this Govt that you will examine these various instruments, copies of which will be made available to you as expeditiously as possible, and that you will thereafter transmit your reply in a favorable sense through informal American Mission in Tirana at your earliest convenience.”
Sent to Tirana for Jacobs, rptd to Caserta.75