Delegates: William D. Pawley, Ambassador to Brazil Arthur H. Vandenberg, U. S. Senate Tom Connally, U. S. Senate Sol Bloom, U. S. House of Representatives Warren R. Austin, Ambassador, U.S. Representative to the United Nations Political Advisers: Norman Armour, Assistant Secretary of State William Dawson, Ambassador, Representative on the Governing Board of the Pan American Union Walter J. Donnelly, U. S. Ambassador to Costa Rica Advisers: John C. Dreier, Chief, Division of Special Inter-American Affairs, Department of State Marshall R. Greer, Rear Admiral, U.S.N., U. S. Delegate to the Inter-American Defense Board Cecil B. Lyon, Special Assistant to the Assistant Secretary of State Godwin Ordway, Jr., Colonel, U.S.A., War Department General Staff, War Department M. B. Ridgway, Lieutenant General, U.S.A., U.S. Delegate to the Inter-American Defense Board William Sanders, Associate Chief, Division of International Organization Affairs, Department of State Otto P. Weyland, Major General, U.S.A., U.S. Delegate to the Inter-American Defense Board Special Assistant to the Chairman of the Delegation: Marshall S. Carter, Special Assistant to the Secretary of State Secretary General: Warren Kelchner, Chief, Division of International Conferences, Department of State Special Assistants: Frances E. Pringle, Division of International Conferences, Department of State Philip P. Williams, Second Secretary of Embassy, American Embassy, Buenos Aires Press Relations Officer: Michael J. McDermott, Special Assistant to the Secretary of State for Press Relations Assistant: Margaret J. Halden, Office of the Special Assistant to the Secretary of State Assistant Press Relations Officer: David I. Penn, International Broadcasting Division, Department of State Technical Secretary: Ward Allen, Division of International Organization Affairs, Department of State Margaret Moore, Division of Special Inter-American Affairs, Department of Documents Officer: Wesley Adams, Division of International Security Affairs, Department of State Administrative Secretary: Henry E. Allen, Division of International Conferences, Department of State Secretaries: Howard Chaille, Division of Communications and Records, Department of State Guillermo Suro, Chief, Central Translating Division, Department of State Seburn Baker, Division of Central Services, Department of State Interpreters-Translators: Alexandre de Seabra, Central Translating Division, Department of State Communications Officers: James A. Wilder, Division of Communications and Records, Department of State Robert C. Surina, War Department Staff: Robert Brinkman William M. Jones Margaret L. Moran Elmer R. O'Neal Mary Peck Fiscal Clerk: Luella Ollis, Division of International Conferences, Department of State Stenographers: Mildred J. Asbjornson Metta Baker Maria Cole Barbara Eastment Marion Johnston Viola M. Keskinen Josephine I. LaFlamme Mary Mack Dorothy Moore Mary Louise Meyer Marjorie Olive Roberta Thompson Mary Woolford Mimeograph Operator: Fielden McCloud Uruguay Chairman of the Delegation: Mateo Marques Castro, Minister of Foreign Affairs Delegates: Alberto Dominguez Cámpora, Vice Chairman of the Delegation Leonel Aguirre, Former National Senator Observers: Major General Pedro Sicco Rear Admiral Juan Angel Battione Aides: Eugenio Pérez Gargoroso Venezuela Chairman of the Delegation: Carlos Morales, Minister of Foreign Affairs Delegates: Martín Perez Guevara, Representative in the National Assembly José Desiderio Gomez Mora, Representative in the National Assembly Domingo Alberto Rangel, Representative in the National Assembly M. A. Falcón Briceño, Minister Counsellor of the Embassy in the United States of America Eduardo Arroyo Lameda, Representative on the Inter-American Juridical Committee Eduardo Plaza A., Juridical Consultant of the Ministry of Foreign Affairs Santiago Perez Perez, Director of International Policy of the Ministry of Foreign Affairs Aureliano Otañez, Director of Economic Policy of the Ministry of Foreign Affairs Major Luis Felipe Llovera Páez, Assistant Chief of Staff Major Raul Castro Gomez, Director of the Military School Military Aide: Lieutenant Colonel Ricardo Arroyo Advisers: Roberto Martinez Centeno Second Lieutenant Espiritu Vivas Arellano Secretaries: Adrian Coll Reyna Francisco Loreto Mayol Raul Decanio F. Representatives of the United Nations Trygve Halvdan Lie, Secretary-General of the United Nations Ambassador Benjamin Cohen, Assistant Secretary-General of the United Nations Representatives of the Pan American Union Alberto Lleras Camargo, Director General of the Pan American Union Manuel Canyes, Chief of the Juridical Division of the Pan American Union PART 3 Preparatory Documents REPORT OF THE SPECIAL COMMITTEE OF THE Introduction. Appointed To Analyze the Projects Submitted for the Inter-American Conference on the Maintenance of Continental Peace and Security The undersigned Committee, appointed pursuant to the resolution approved by the Governing Board of the Pan American Union on April 10, 1946, to compare and analyze the projects submitted for the Rio de Janeiro Conference, in order to determine the points in which they are in accord and wherein they differ, have the honor to submit the present report. The report consists of two parts: the annex which contains a comparison of the texts of the various proposals arranged under the principal headings which emerge from an analysis of them; and the study itself which has been prepared on the basis of this comparison and which seeks to carry out the task assigned to the Committee. An examination of the various proposals submitted reveals that the matters treated therein fall naturally into the following four major categories and the report there for follows this division: I. Principles and Procedures of Pacific Settlement. II. Action in the Case of Threats or Acts of Aggression. III. Procedures and Agencies for the Execution of the Treaty. IV. The Preamble, Protocolary Articles and Miscellaneous Matters. In view of the fact that the approach taken in all the drafts has been to build upon both the Act of Chapultepec and the subsequently concluded Charter of the United Nations, each of the major sections of the report is prefaced by reference to the pertinent provisions of these two basic documents. At the end of each of the four sections the Committee has sought to raise in the form of observations the salient points which emerge from the analysis. I PRINCIPLES AND PROCEDURES OF PACIFIC SETTLEMENT Although the Preamble of the Act of Chapultepec contains reference to the adoption of specific means in the settlement of inter-American disputes, no provisions are included in the Act itself restating the principle or setting out specific procedures of pacific settlement. However, Resolution XXXIX of the Mexico City Conference directed the Inter-American Juridical Committee to prepare a draft of an "Inter-American Peace System" which, after revision on the basis of comments from the Governments would be submitted to an "International Conference of American Jurists" to be convoked by the Governing Board of the Pan American Union. The Charter of the United Nations does contain generally worded obligations to refrain from the use of force in any manner inconsistent with the Charter and to settle all disputes by peaceful means. The Charter likewise contains in Chapter VI provisions relating to procedures for pacific settlement and in Chapter VIII it is provided that regional arrangements and agencies may be utilized for the pacific settlement of disputes appropriate for regional action. A. Reaffirmation of the Principles of Pacific Settlement and of the Repudiation of Force as an Instrument of National Policy. All eight proposals contain articles reaffirming the general obligation to resort to pacific means for settling disputes and seven of the drafts expressly include a restatement of the concomitant obligation to refrain from the use of force except in self-defense or as determined by the United Nations. These two obligations are most expressly spelled out in the Brazilian, United States, Mexican, Panamanian and Uruguayan drafts, all of which contain some expressed reference to the rights recognized and the obligations assumed under the United Nations Charter. The comparable provision in the Bolivian draft is phrased as a repudiation of "war as an instrument of national policy". This is reflected in the Brazilian, Mexican and Panamanian drafts as a condemnation of "wars of aggression". The Ecuadorean proposals choose the form of a confirmation by "the American Regional Organization" rather than by the individual states, of existing inter-American agreements which contain obligations for pacific settlement and repudiation of the use of force. Both the Bolivian and Ecuadorean drafts also contain in their initial articles references to certain additional general principles. Some of these are similar to the above-mentioned obligations and some relate to the general rights and duties of States such as are contained in the various Declarations listed in Resolution IX of the Mexico City Conference. B. Procedures for Pacific Settlement. Two of the eight drafts, those of Bolivia and Ecuador, contain, in addition to the reaffirmation of principles mentioned above a series of 772629-48- -12 |