710 Consultation 4/8–2847: Telegram
The Chairman of the United States Delegation (Marshall) to the Acting Secretary of State
104. Conference summary 9. All committees substantially finished work. Coordinating Committee preparing final text.
Committee I approved preamble substantially as reported ourtel 7613 substituting following language for second whereas clause “parties reiterate their will to remain united in inter-American system, compatible with purposes and principles of UN, within terms of Charter, and reaffirm existence of the agreement they concluded for dealing with such matters relating to maintenance international peace and security as are appropriate for regional action”.
In addition Articles A, B, C, D as reported ourtels 8114 and 83,15 Committee II approved following:
“Article E. In case conflict between two or more American States, without prejudice to right of self-defense in conformity with article 51 of Charter, contracting parties meeting in consultation, shall call upon contending states to suspend hostilities and shall take all other necessary measures to reestablish or maintain inter-American peace and security and for solution of conflict by peaceful means. The refusal to adopt pacific action will be considered in determination of the aggressor and in decision to apply immediately the measures which the consultative meeting may agree upon.
Article F. For purposes treaty measures on which parties may agree collectively will comprise one or more of following: Recall chiefs of missions; breaking of diplomatic relations; breaking of consular relations; complete or partial interruption of economic relations or of rail, sea, air, postal, telegraphic, telephonic and radio telephonic or radio telegraphic relations; and use of armed force.
Article G. In addition to other acts which in consultative meeting may be characterized as aggression, there shall be considered as such:
- a.
- Unprovoked armed attack by state against territory, people, or land, sea or air forces of another state;
- b.
- Invasion by armed forces of a state, of the territory of another state, through trespassing of boundaries demarcated in accordance with treaty, judicial decision, or arbitral award, or, in absence of frontiers thus demarcated, invasion affecting a region which is under effective jurisdiction of other state.
Article H. None of provisions this treaty shall be construed as impairing rights and obligations of contracting parties under UN Charter.”
Subcommittee of Argentina, Chile and US has prepared technical description geographic region being reported separate telegram which will be proposed as definitive text Paragraph B ourtel 83 (part 1).
Committee III approved following articles in addition to those reported Conference summary 8, part 2:
“Article J. Decisions to use measures specified in article F (of Committee II draft) shall bind all parties except that no state shall be required to use armed force without its consent.
Article K. Measures agreed upon by the consultative agency shall be executed through procedures and agencies now existing or those which may in future be established.”
Following approval article J extensive debate arose as to whether “use armed force” included bases and facilities. Definite interpretation avoided.
Committee I approved following protocolary articles:
“Treaty will enter into effect as soon as the ratifications of two-thirds of signatories have been deposited.
This treaty shall be open to signature by the American states in Rio de Janeiro and shall be ratified as soon as possible in accordance their respective constitutional processes. Ratifications deposited PAU, which will notify all signatories. Such notification shall be considered exchange of ratifications and treaty will be registered in UN Secretariat through PAU, when two-thirds of signatories have deposited ratifications.
This treaty shall remain in force indefinitely, but may be denounced by any party by notification in writing to PAU, which shall inform all other parties. After expiration of two years from date of receipt by PAU of notification of denunciation by any party, treaty shall cease to be in force with respect to such state, but shall remain in full force and effect with respect to all other parties.
When organic pact of inter-American system is drafted, the principles and fundamental provisions of this treaty shall be incorporated in it.”
Committee also approved following resolution on armaments and compulsory arbitration:
“Conference recommends that Bogotá Conference study with a view to approving creation of institutions which may give effectiveness to pacific system of security, among them, compulsory arbitration for any dispute which may endanger peace and which is not of juridical nature.
Conference declares that its primary purpose and primary purpose of treaty it has concluded is to assure peace and security of continent and that no provision of treaty and none of obligations created under it should be interpreted as justifying excessive armaments or may be invoked as reason for creation or maintenance of armaments or armed forces beyond those required for common defense in interest maintaining peace and security.”