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Acceptance of the General Treaty of Inter-American Arbitration

Published online by Cambridge University Press:  12 April 2017

Denys P. Myers
Denys P. Myers*
Affiliation:
World Peace Foundation; Fletcher School of Law and Diplomacy
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Extract

On April 1,1935, the Senate gave its advice and consent to the ratification of the General Treaty of Inter-American Arbitration signed at Washington January 5, 1929. An attached reservation was a revision of one of two reservations included in a resolution of advice and consent which the Senate had adopted on January 19, 1932. This is one of the somewhat rare instances of the reconsideration of a reservation by the Senate, in this case resulting in improvement of a condition imposed by that body.

Type
Research Article
Information
American Journal of International Law , Volume 30 , Issue 1 , January 1936 , pp. 57 - 62
Copyright
Copyright © American Society of International Law 1936

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References

1 See List of Treaties Submitted to the Senate, 1789-1934, Nos. 728, 779 and 843. The resubmission of treaties for advice and consent to revision of the text has, however, occurred in 23 instances and the Senate has requested the return of a treaty six times.

2 United States Treaty Series, No. 780; this Journal, Vol. 23 (1929), Supp., p. 76.

3 Senate Executive AA, 70th Cong., 2d sees.; Congressional Record, Vol. 75, p. 2240.

For text of the treaty see also this Journal, Vol. 23 (1929), Supp., p. 82; United States Treaty Series, No. 886.

4 General Treaty of Inter-American Arbitration. Hearing before the Committee on Foreign Relations, United States Senate … Feb. 13,1929 (Confidential).

5 Congressional Record, Vol. 75, p. 2243.

6 The statement was not strictly accurate. Only the reservations of Bolivia, Ecuador and Venezuela excluded questions or matters controlled or governed by treaties in force. El Salvador specified its acceptance was confined to questions arising “under treaty or otherwise subsequent to the present convention.” Chile excluded “questions which have their origin in situations or acts antedating” the treaty. Honduras added pending questions to a similar reservation. Costa Rica maintained the jurisdiction of arbitration conventions in force, while for Guatemala prior treaties were not altered or modified. None of the foregoing nor the reservations made by six other states is the equivalent of the Senate’s exclusion of “controversies arising under treaties negotiated prior” to the arbitration treaty.

7 Proceedings of the International Conference of American States on Conciliation and Arbitration, p. 610.

8 Congressional Record, April 1, 1935, Vol. 79, p. 4934 (daily edition).

9 Exec. F, 73d Cong., 2d sess., pp. 2-3.

10 Seventh International Conference of American States, Final Act, p. 20.

11 Congressional Record, April 1,1935, Vol. 79, p. 4934 (daily edition).

12 Congressional Record, April 1,1935, Vol. 79, p. 4935 (daily edition).

13 General Treaty of Inter-American Arbitration, Hearing before the Committee on Foreign Relations, United States Senate, p. 11.

14 For the arbitration treaty elaborated at that Conference in 1890 see James Brown Scott, International Conferences of American States, 1889-1928, pp. 40-45 (Carnegie Endowment for International Peace, 1931).

15 Department of State, Treaty Information Bulletin, Nos. 1, 4, 5,14, 28, 33, 34, 40, 43, 53, at p. 1. The National Congress of Honduras approved the treaty February 12, 1934.

16 Proceedings of the International Conference, op. cit., p. 692; this Journal, Vol. 23 (1929), Supp., p. 88.