C.F.M. Files: Lot M–88: Box 2061: CFM Documents

Report to the Council of Foreign Ministers by the Committee of Lawyers19

secret
C.F.M.(46) 180

Question of Interpretation of the Peace Treaties

The Committee of Lawyers have been instructed by the Deputies to study the Articles concerning the interpretation of the Peace Treaties with Italy, Roumania, Bulgaria, Hungary and Finland.

I.
The Deputies have accepted in principle with the reservation of the Soviet Deputy, the text of Article 77 in the Peace Treaty with Italy as it appears in the document C.F.M.(46) 150, Section IV.

“Except where any other procedure is specifically provided under any article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be referred to the four Ambassadors acting as provided under article 76 and, if not resolved by them within a period of two months, shall, at the request of any party to any dispute, be referred to the International Court of Justice. Any dispute still pending at, or arising after, the date when the Ambassadors terminate their functions under article 76, and which is not settled by direct diplomatic negotiations, shall equally, at the request of any party to the dispute, be referred to the International Court of Justice.”

II.
The Soviet Delegation would prefer, as to Balkan and Finnish treaties, the following text:

“Save where any other procedure is specifically provided under any article of the present Treaty disputes concerning the interpretation or execution of the Treaty shall be referred to the (Ambassadors [Page 727] or Representatives) acting as provided under Article . . except that in this case the (Ambassadors or Representatives) will not be restricted by the time limit provided in that Article”.

The Committee of Lawyers left it to the Council of Ministers to decide./.

  1. This Report was referred by the Deputies to the Council of Foreign Ministers at its 33rd Meeting, July 3, 1946; see the United States Delegation Record of that meeting, p. 730.