December 23, 1936 [T. S. No. 925]

Inter-American treaty on good offices and mediation. Preamble.

Texts.

Purposes.

Plenipotentiaries.

Treaty on good offices and mediation, between the United States of America and other American Republics. Signed at Buenos Aires, December 23, 1936; ratification advised by the Senate, June 29, 1937; ratified by the President, July 15, 1937; ratification of the United States of America deposited with the Pan American Union at Washington, July 29, 1937; proclaimed, September 16, 1937.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS an Inter-American Treaty on Good Offices and Mediation was signed at Buenos Aires on December 23, 1936, by the respective plenipotentiaries of the United States of America and the twenty other American Republics represented at the Inter-American Conference for the Maintenance of Peace, a true copy of which Treaty, in the English, Spanish, Portuguese and French languages, is word for word as follows: 1

INTER-AMERICAN TREATY ON GOOD OFFICES AND MEDIATION The Governments represented at the Inter-American Conference for the Maintenance of Peace;

Considering that, notwithstanding the pacts which have been concluded between them, it is desirable to facilitate, even more, recourse to peaceful methods for the solution of controversies,

Have resolved to celebrate a treaty of Good Offices and Mediation between the American Countries, and to this end have named the following Plenipotentiaries:

1 The texts follow literally the certified copy of the convention furnished by

the Argentine Government.-The editor.

Colombia:

JORGE SOTO DEL CORRAL,
MIGUEL LÓPEZ PUMAREJO,

ROBERTO URDANETA ARBELÁEZ,
ALBERTO LLERAS CAMARGO,
JOSÉ IGNACIO DÍAZ GRANADOS.

Panama:

HARMODIO ARIAS M.,
JULIO J. FÁBREGA,
EDUARDO CHIARI.

United States of America:
CORDELL HULL,
SUMNER WELLES,

ALEXANDER W. WEDDELL,

ADOLF A. BERLE, Jr.,

ALEXANDER F. WHITNEY,

CHARLES G. FENWICK,

MICHAEL FRANCIS DOYLE,

ELISE F. MUSSER.

Chile:

MIGUEL CRUCHAGA TOCORNAL,

LUIS BARROS BORGONO,

FÉLIX NIETO DEL RÍO,

RICARDO MONTANER BELLO.

Ecuador:

HUMBERTO ALbornoz,
ANTONIO PONS,

JOSÉ GABRIEL NAVARRO,

FRANCISCO GUARDERAS,

EDUARDO SALAZAR GÓMEZ.

Bolivia:

ENRIQUE FINOT,

DAVID ALVÉSTEGUI,

EDUARDO DÍEZ DE MEDINA.

ALBERTO OSTRIA GUTIÉRREZ,

CARLOS ROMERO,

ALBERTO CORTADELLAS,

JAVIER PAZ CAMPERO.

Haiti:

H. PAULEUS SANNON,

CAMILLE J. LEÓN,

ELIE LESCOT,

EDMÉ MANIGAT,

PIERRE EUGENE DE LESPINASSE,

CLÉMENT MAGLOIRE.

Cuba:

JOSÉ MANUEL CORTINA,

RAMÓN ZAYDIN,

CARLOS MÁRQUEZ STERLING,

RAFAEL SANTOS JIMÉNEZ,

CÉSAR SALAYA,

CALIXTO WHITMARSH,

JOSÉ MANUEL CARBONELL.

Who, after having deposited their full powers, found to be in good and due form, have agreed as follows:

matic settlement not possible.

Controversy, diplo

Recourse to medi

ator chosen from general list.

Art. I.-When a controversy arises between them, that cannot be settled by the usual diplomatic means, the High Contracting Parties may have recourse to the good offices or mediation of an eminent citizen of any of the other American countries, preferably chosen from a general list made up in accordance with the following article. Art. II. To prepare the aforementioned list, each Government, as soon as the present treaty is ratified, shall name two citizens selected designations by each from among the most eminent by reason of their high character and juridical learning.

The designations shall immediately be communicated to the Pan American Union, which shall prepare the list and shall forward copies thereof to the contracting parties.

Art. III. According to the hypothesis set forth in Article I, the countries in controversy shall, by common agreement, select one of the persons named on this list, for the purposes indicated in this treaty. The person selected shall name the place where, under his chairmanship, one duly authorized representative of each of the parties shall meet in order to seek a peaceful and equitable solution of the difference.

If the parties are unable to agree concerning the selection of the person lending his good offices or mediation, each one shall choose one. of those named on the list. The two citizens chosen in this way shall select, from among the names listed, a third person who shall undertake the functions referred to, endeavoring, in so far as possible, to make a choice that shall be acceptable to both parties.

Preparation of list;

Government.

Notices to contracting parties.

Selection of medi

ator.

Place of meeting.

Procedure if parties unable to agree.

Time allotment for peaceful settlement.

Action if no solution

Art. IV. The mediator shall determine a period of time, not to exceed six nor be less than three months for the parties to arrive at some peaceful settlement. Should this period expire before the parties have reached some solution, the controversy shall be submitted to the reached. procedure of conciliation provided for in existing inter-American agreements.

Art. V.-During the procedure established in this Treaty each of the interested parties shall provide for its own expense and shall contribute equally to common costs or honoraria.

Expense and contributions.

Obligations previ

Art. VI.-The present Treaty shall not affect obligations previously entered into by the High Contracting Parties by virtue of inter- entered into not national agreements.

affected.

Ratification.

Deposit of original.

Art. VII. The present Treaty shall be ratified by the High Contracting Parties in conformity with their respective constitutional procedures. The original instrument shall be deposited in the Ministry of Foreign Affairs of the Argentine Republic which shall transmit authentic certified copies to the Governments for the aforementioned purpose of ratification. The instruments of ratification shall be deposited in the archives of the Pan American Union in ments of ratification. Washington, which shall notify the signatory governments of said. deposit. Such notification shall be considered as an exchange of ratifications.

Art. VIII. The present Treaty will come into effect between the High Contracting Parties in the order in which they deposit their respective ratifications.

Art. IX.-The present Treaty shall remain in effect indefinitely but may be denounced by means of one year's notice given to the Pan American Union, which shall transmit it to the other signatory Governments. After the expiration of this period the Treaty shall cease in its effects as regards the Party which denounces it, but shall remain in effect for the remaining High Contracting Parties.

Deposit of instru

Effective date.

Duration.
Denunciation.

Signatures.

In witness whereof, the above mentioned Plenipotentiaries sign the present Treaty in English, Spanish, Portuguese and French, and hereunto affix their respective seals, at the City of Buenos Aires, Capital of the Argentine Republic, on the twenty-third day of the month of December, 1936.