Foreign Relations of the United States: Diplomatic Papers, 1945, The American Republics, Volume IX

710 Conference (W and PW)/1–2445

Report by Mr. Dudley B. Bonsal, of the Office of the Assistant Secretary of State (Russell), on Preparations for the Inter-American Conference on Problems of War and Peace

Washington, February 15, 1945.

Attached is memorandum⁷⁵ prepared by Larry Duggan and myself listing the questions which were propounded to the Ambassadors regarding the responsibilities and relationships of the Inter-American System and our proposed answers as to the U.S. position to be taken at the Mexico City Conference.

[Enclosure]

February 15, 1945.

Proposed Answers to Questions in Regard to the Responsibilities and Relationships of the Inter-American System

I. General Policy with regard to the Inter-American System.

1. Should the inter-American system be strengthened and systemized with a view to improving its means for dealing with inter-American problems? If this should be answered affirmatively, there remain the problems as to the extent to which this should be done and the means of attaining this objective.

Answer: Yes. For proposed measures to be taken to strengthen the Inter-American System, see answers to the questions in Topic IV of this memorandum.

II. Relationship between the Inter-American System and the General International Organization With Respect to the Settlement of Disputes and the Maintenance of Peace and Security.

1. At what stage or stages, and in what manner should the Security Council intervene in disputes solely between American states?

(a) Should it do so if the dispute does not appear likely to endanger the peace?

Answer: No.

(b) Should it do so in all disputes the continuance of which is likely to endanger the peace?

Answer: Yes, but this answer is made on the assumption that the methods of settlement available to the Inter-American System shall have first been exhausted.

(c) Should it take action in a dispute the continuance of which is likely to endanger the peace, (1) at the request of one of the parties, (2) at the request of all the parties, (3) at the request of the inter-American System, (4) on its own initiative?

Answer: Yes, but this answer is made on the assumption that the methods of settlement available to the Inter-American System shall have first been exhausted.

(d) Should it assume jurisdiction of a dispute between American states at any time or only after inter-American procedures have proved inadequate?

Answer: Only after inter-American procedures have proved inadequate.

2. Should the international court of justice be utilized as the judicial organ of the inter-American system?

Answer: Yes.

3. Should the inter-American system have any authority with respect to the determination, for the purposes of its own action, of the existence of a threat to or breach of the peace?

Answer: Yes, except that in the case of an actual breach of the peace the World Organization, if it is founded on the lines indicated by the Dumbarton Oaks Proposals, would have ultimate authority to determine the aggressor and the military or economic enforcement measures to be taken. The Inter-American System should be authorized either before or after a breach of the peace to make a determination with regard to the merits of any dispute and to propose measures to be taken for its settlement, which determination and proposals would be submitted to the Security Council for its consideration. It is recommended that all enforcement measures of a military nature or to be taken entirely within the Hemisphere be handled by the Inter-American System under the authority of the Security Council.

4. Should the inter-American system obtain the approval of the Security Council before taking collective action short of enforcement measures?

Answer: No.

5. Should provision be made in the inter-American system for it to employ economic measures of enforcement, with the authorization of the Security Council?

Answer: Yes.

6. Should provision be made in the inter-American system for it to employ military measures of enforcement, with the authorization of the Security Council?

Answer: Yes.

7. By what procedures should the inter-American system be brought into relationship with the general international organization, when established, with regard to the maintenance of peace and security?

Answer: Through measures adopted by the meetings of Foreign Ministers and implemented by the Governing Board of the Pan American Union. The enabling authority will presumably be given to the meetings of Foreign Ministers and the Governing Board at the Bogotá Conference.

III. Relationship between the Inter-American System and the General International Organization With Regard to Economic and Social Cooperation.

1. What arrangement, if any, should be provided for the facilitation or conduct of relations in the economic, social and other humanitarian fields between the inter-American system and the general international organization?

Answer: The Bogotá Conference should set up an economic and social agency within the Inter-American System which would operate as a part of or under the direction of the Pan American Union and which would have direct relations with the projected economic and social council for the World Organization.

2. To what extent and by what procedures should various inter-American agencies and organizations be brought into relationship with the Economic and Social Council and the General Assembly?

Answer: This would be considered at the Bogotá Conference on the basis of the world charter when drawn. Careful consideration should be given to various aspects of these relationships, and determination made as to fields (1) in which the Inter-American System should act autonomously, (2) in which it should act in cooperation with the agencies of the World Organization, and (3) in which the Inter-American System should act as the agent of the World Organization.

IV. Adjustments in Inter-American Machinery.

1. What reorganization, if any, is necessary in the inter-American machinery for the codification of international law?

Answer: Simplification of existing machinery for the codification of International law. Mr. Hackworth’s advice would be authoritative on this point.

2. What adjustments, if any, should be made with regard to the peace machinery for inquiry, conciliation, good offices and mediation and arbitration established by various inter-American treaties and conventions? In this connection, what action should be taken with respect to the report of the Inter-American Juridical Committee on the Coordination of Inter-American Peace Agreements, submitted to the Pan American Union in March 1944 and recently transmitted by it to the American governments?

Answer: These should be simplified and brought under the authority of the meetings of Foreign Ministers and the interim authority of the Governing Board of the Pan American Union. The report of the Inter-American Juridical Committee should be revised by that Committee in the light of the Dumbarton Oaks Proposals and the World Organization Charter when framed.

3. What changes, if any, should be made with regard to the International Conferences of American States?

Answer: The resolution on the subject prepared for the Mexico City Conference recommends that these meetings be continued on a five-year basis. If it should be determined at the Conference to maintain the agenda for the Foreign Ministers on the present basis (instead of enlarging it), consideration should be given to having international conferences of American states every three years.

4. Should the institution of the Meeting of Foreign Ministers be continued and regularized on a permanent basis?

Answer: Yes, it is proposed that it be regularized on a fixed annual basis.

5. What should be the role of the Pan American Union in the inter-American system, and what changes should be made, if any, regarding the Pan American Union and existing autonomous and semi-autonomous inter-American agencies?

Answer: The Pan American Union should be the chief secretariat and fiscal agency for the Inter-American System. The Governing Board of the Pan American Union should have authority over all existing autonomous and semi-autonomous inter-American agencies. This objective can only be realized when agencies existing under treaties are brought under the aegis of the Pan American Union by the action of the ratifying powers.

6. Should a central body in the inter-American system be vested with security functions, and if so, what body should be utilized or established for this purpose?

Answer: The meetings of Foreign Ministers should be vested with security functions with the Governing Board of the Pan American Union acting as an interim body between meetings.

7. What machinery, if any, should be provided within the inter-American system in the event that it is to undertake enforcement measures under the authority of the Security Council?

Answer: Meetings of Foreign Ministers; the Governing Board of the Pan American Union; Inter-American Defense Board; and the permanent economic and social agency to be provided for at Bogotá.

8. Should the following emergency bodies be continued on a permanent basis and if so, what should be their functions, structures, and relationships?

a. The Inter-American Juridical Committee;

b. The Emergency Advisory Committee for Political Defense;

c. The Inter-American Defense Board.

Answer: (a, b, and c) The foregoing agencies should be continued at least until the Bogotá Conference, which should determine their futures.

d. The Inter-American Financial and Economic Advisory Committee and related bodies.

Answer: The Inter-American Financial and Economic Advisory Committee should be reorganized and reconstituted so as to become the economic and social agency of the Inter-American System and an integral part of or under the aegis of the Pan American Union and having close working relations with the economic and social council of the World Organization.

9. How should any changes in the inter-American system which may be deemed desirable be brought about?

Answer: By action of the American states taken at the Bogotá Conference.

75. Infra.