ing the aggressor. For this reason, the Government of Uruguay prefers, instead, the system of a simple or absolute majority of votes at the consultation. The measures, once adopted by consultation, should be binding upon all contracting parties, in the judgment of my Government. To admit a bloc of dissenting countries, exempt from collaborating in the application of the measures, does not offer any effective guarantee for the preservation or reestablishment of peace, and constitutes a definite step backwards in the practical evolution of the inter-American system. The principle that all members of the United Nations are bound in matters concerned with the maintenance of international peace and security is one of the basic and indisputable rules of the Charter of the United Nations, when the decision has been made by the Security Council. With regard to the third point submitted for consultation, the Government of Uruguay, in view of the relatively close date which has been set for the opening of the Ninth International Conference of American States to be held in Bogotá, has no objection to maintaining the decisions taken to consider the creation of a permanent military organization at that time. VENEZUELA No 2337 MY DEAR DIRECTOR GENERAL: EMBASSY OF VENEZUELA Before replying to the points contained in the consultation directed to the Governments of the American Republics by the Governing Board of the Pan American Union, in accordance with the resolution adopted on July 2, the representative of Venezuela desires to make it known that the Venezuelan Government is of the opinion that two instruments should be drafted at the Conference of Rio de Janeiro, one providing for aggressions originating outside of America and the other for aggressions coming from one or more countries within the Continent. This is, in substance, a point that the Venezuelan Government considers fundamental, and it will be elaborated upon at the proper time. Apart from the above view, and reserving the right to express other views when the occasion arises, I will now proceed to answer the questions formulated, as follows: First Point: If a State which is attacked finds it necessary to exercise the right of self-defense provided in Article 51 of the United Nations Charter, the other States which signed Resolution XV of Habana and the Act of Chapultepec should consider themselves attacked; but the nature, extent and timing of assistance to be given should be decided in consultation as provided in N: 4 of the first part of the Act of Chapultepec. There might also be established in Rio the obligation to render immediate assistance without prior consultation, or with certain conditions. Second Point: The High Contracting Parties shall determine, by common agreement, the measures which each of them should take to contribute to the defense of collective security, and shall establish the sanctions which the community imposes upon the Party which does not comply with the obligations resulting from such consultation. This decision shall be taken by a majority of two-thirds. Once this decision is taken, the juridical position of the concurring countries shall be considered uniform from the viewpoint of international law, even though the measures each country may take in accordance with the consultative agreement may differ. Third Point: Agrees that there should be created at Rio de Janeiro a special committee to draw up a draft for the establishment and operation of said organization, for consideration at the Ninth International Conference of American States. The peoples of the Americas, animated by a profound love of justice, remain sincerely devoted to the principles of international' law; It is their desire that such principles, notwithstanding the present 1 Approved Mar. 6, 1945, at a plenary session of the Inter-American Conference on Problems of War and Peace at Mexico City. difficult circumstances, prevail with even greater force in future international relations; The inter-American conferences have repeatedly proclaimed certain fundamental principles, but these must be reaffirmed at a time when the juridical bases of the community of nations are being reestablished; The new situation in the world makes more imperative than ever the union and solidarity of the American peoples, for the defense of their rights and the maintenance of international peace; The American states have been incorporating in their international law, since 1890, by means of conventions, resolutions and declarations, the following principles: a) The proscription of territorial conquest and the non-recognition of all acquisitions made by force (First International Conference of American States, 1890); b) The condemnation of intervention by one State in the internal or external affairs of another (Seventh International Conference of American States, 1933, and Inter-American Conference for the Maintenance of Peace, 1936); c) The recognition that every war or threat of war affects directly or indirectly all civilized peoples, and endangers the great principles of liberty and justice which constitute the American ideal' and the standard of American international policy (Inter-American Conference for the Maintenance of Peace, 1936); d) The system of mutual consultation in order to find means of peaceful cooperation in the event of war or threat of war between American countries (Inter-American Conference for the Maintenance of Peace, 1936); e) The recognition that every act susceptible of disturbing the peace of America affects each and every one of the American nations and justifies the initiation of the procedure of consultation (InterAmerican Conference for the Maintenance of Peace, 1936). f) The adoption of conciliation, unrestricted arbitration, or the application of international justice, in the solution of any difference or dispute between American nations, whatever its nature or origin (Inter-American Conference for the Maintenance of Peace, 1936); g) The recognition that respect for the personality, sovereignty and independence of each American State constitutes the essence of international order sustained by continental solidarity, which historically has been expressed and sustained by declarations and treaties in force (Eighth International Conference of American States, 1938); h) The affirmation that respect for and the faithful observance of treaties constitute the indispensable rule for the development of peace ful relations between States, and that treaties can only be revised by: agreement of the contracting parties (Declaration of American Principles, Eighth International Conference of American States, 1938); ¿) The proclamation that, in case the peace, security or territorial integrity of any American republic is threatened by acts of any nature that may impair them, they proclaim their common concern and their determination to make effective their solidarity, coordinating their respective sovereign wills by means of the procedure of consultation, using the measures which in each case the circumstances may make advisable (Declaration of Lima, Eighth International Conference of American States, 1938); j) The declaration that any attempt on the part of a non-American State against the integrity or inviolability of the territory, the sovereignty or the political independence of an American State shall be considered as an act of aggression against all the American States (Declaration XV of the Second Meeting of the Ministers of Foreign Affairs, Habana, 1940); The furtherance of these principles, which the American States have constantly practised in order to assure peace and solidarity among the nations of the Continent, constitutes an effective means of contributing to the general system of world security and of facilitating its establishment; The security and solidarity of the Continent are affected to the same extent by an act of aggression against any of the American States by a non-American State, as by an act of aggression of an American State against one or more American States; Part I The Governments Represented at the Inter-American Conference on Problems of War and Peace Declare: 1. That all sovereign States are juridically equal among themselves. 2. That every State has the right to the respect of its individuality and independence, on the part of the other members of the international community. 3. That every attack of a State against the integrity or the inviolability of the territory, or against the sovereignty or political independence of an American State, shall, conformably to Part III hereof, be considered as an act of aggression against the other States which sign this Act. In any case invasion by armed forces of one State into the territory of another trespassing boundaries established by treaty and demarcated in accordance therewith shall constitute an act of aggression. 4. That in case acts of aggression occur or there are reasons to believe that an aggression is being prepared by any other State against the integrity or inviolability of the territory, or against the sovereignty or political independence of an American State, the states signatory to this Act will consult among themselves in order to agree upon the measures it may be advisable to take. 5. That during the war, and until the treaty recommended in Part II hereof is concluded, the signatories of this Act recognize that such threats and acts of aggression, as indicated in paragraphs 3 and 4 above, constitute an interference with the war effort of the United Nations, calling for such procedures, within the scope of their constitutional powers of a general nature and for war, as may be found necessary, including: recall of chiefs of diplomatic missions; breaking of diplomatic relations; breaking of consular relations; breaking of postal, telegraphic, telephonic, radio-telephonic relations; interruption of economic, commercial and financial relations; use of armed force to prevent or repel aggression. 6. That the principles and procedure contained in this Declaration shall become effective immediately, inasmuch as any act of aggression or threat of aggression during the present state of war interferes with the war effort of the United Nations to obtain victory. Henceforth, and to the end that the principles and procedures herein stipulated shall conform with the constitutional processes of each Republic, the respective Governments shall take the necessary steps to perfect this instrument in order that it shall be in force at all times. Part II The Inter-American Conference on Problems of War and Peace Recommends: That for the purpose of meeting threats or acts of aggression against any American Republic following the establishment of peace, the Governments of the American Republics consider the conclusion, in accordance with their constitutional processes, of a treaty establishing procedures whereby such threats or acts may be met by the use, by all or some of the signatories of said treaty, of any one or more of the following measures: recall of chiefs of diplomatic missions; breaking of diplomatic relations; breaking of consular relations; breaking of postal, telegraphic, telephonic, radio-telephonic relations; interruption of economic, commercial and financial relations; use of armed force to prevent or repel aggression. |