diction of any state. These provisions together with the machinery of the Charter for the peaceful settlement of disputes and for maintenance of peace offer additional protection against any attempt at the kind of political aggression against which the Monroe Doctrine is directed.

Your committee, believing that both the Monroe Doctrine and the inter-American system are effectively safeguarded under the Charter, desires to emphasize its concurrence with the view that the basic purposes of both will be strengthened by the establishment of the organization.

THE REGULATION OF ARMAMENTS

The committee has examined with care article 26, which provides: In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

It will be seen from this that the Charter itself does not establish a system for the regulation of armaments. The Security Council is to prepare plans for such a system, but it will not do so until some time in the future. The Military Staff Committee, on which the United States armed forces will be represented, will work on those plans, which cannot be adopted by the Security Council for submission to the Members of the Organization unless the United States concurs. Moreover, they will be only plans-only recommendations to the governments and every country, including our own, will be free to accept or reject them according to its conception of its national interest.

[Appendixes omitted.]

199. REPORT OF THE SENATE COMMITTEE ON FOREIGN RELATIONS ON THE CHARTER OF THE ORGANIZATION OF AMERICAN STATES, AUGUST 24, 19501

The Committee on Foreign Relations, to whom was referred the Charter of the Organization of American States (Ex. A, 81st Cong., 1st sess.), signed at Bogotá on April 30, 1948, unanimously report the Charter to the Senate and recommend that its advice and consent to ratification be given subject to the reservation set forth in the resolution of ratification.

1. THE MAIN PURPOSE OF THE CHARTER

The Charter is the legal constitution of the inter-American system. It establishes the Organization of the American States, on a permanent treaty basis, as the regional agency of the 21 American Republics within the United Nations. Its basic purpose is to reorganize and to consolidate the international organization of the Americas in the

1 S. Ex. Rept. No. 15, 81st Cong., 2d sess. Appendix omitted.

interest of greater efficiency and to meet the changing needs of the postwar period.

The Charter does not represent any radical departure from what has gone on in the past; it is the product of over 60 years of evolution in the New World. As such it represents a continuation of the progressive development of the cooperation started in 1889 when the first inter-American organization was established at the initiative of the United States. 2. COMMITTEE ACTION

The committee first considered the Charter of the Organization of American States in executive session on February 2, 1949, when it heard the testimony of Hon. Dean Acheson, Secretary of State; Mr. Paul Daniels, Director, Office of American Republic Affairs; Mr. John C. Dreier, Director, Office of Regional American Affairs; Mr. William Sanders, special assistant to the Director, Office of United Nations Affairs, all of the Department of State; and Dr. Charles G. Fenwick, Director of the Department of International Law and Organization, Pan American Union. Further discussion took place in executive session on August 1, 1950, at which the following were present from the Department of State; Mr. Edward G. Miller, Assistant Secretary of State for Inter-American Affairs; Mr. Dreier; Miss Marjorie M. Whiteman, assistant legal adviser; Mr. George Gray, special assistant to the Assistant Secretary of State for Congressional Relations; and Mr. Fenwick was present from the Pan American Union. Mr. Miller and Mr. Dean Rusk, Assistant Secretary of State for Far Eastern Affairs, were also present at the executive session on August 10, 1950, at which time the committee voted unanimously to report the charter to the Senate with a reservation. For the convenience of the Senate, the statement of Mr. Acheson is printed in the appendix of this report.

3. BACKGROUND

The Bogotá Conference at which the Charter was developed was the ninth in a series of inter-American conferences dating back to the nineteenth century. The first International Conference of American States on April 14, 1890, formed an association called the International Union of American States, and established a Commercial Bureau of the American Republics, which was charged with handling all translations, publications, and correspondence pertaining to the Union. Subsequent conferences enlarged the scope of activities of the Bureau, modified its organization, and changed its name until, in 1910, it became the Pan American Union. In 1928 an attempt was made to define the organization by a convention but, although the United States and 15 other governments ratified this convention, it failed to enter into force because the ratification of all 21 American Republics was required. The inter-American system has, therefore, continued to function on the basis of the various resolutions adopted at the International Conferences of American States.

The outbreak of war in Europe in 1939 disrupted the regular Conferences of American States. But it also drew the American Republics more closely together and set in motion momentous developments. The three meetings of the Ministers of Foreign Affairs of the American Republics in 1939, 1940, and 1942 took such un

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precedented steps as declaring a zone of neutrality around the Western Hemisphere, asserting the principle of reciprocal assistance in case of an attack, and insuring that European possessions in the New World would not pass from one European nation to another.

These three consultative meetings were followed in 1945 by the Conference on Problems of Peace and War at Mexico City. The first major result of the Mexico City Conference was the Act of Chapultepec. In it the American Republics declared that any attack against the territory, sovereignty, and political independence of an American state should be considered as an act of aggression against all signatories; that they should consult as to the measures necessary in the event of such an attack; and that these principles should be embodied in a permanent treaty. The Act of Chapultepec was accordingly transformed into the Inter-American Treaty of Reciprocal Assistance. signed at Rio de Janeiro on September 2, 1947, and ratified by the United States on December 19, 1947.

Of comparable importance with the Act of Chapultepec was resolution IX of the Mexico City Conference. The development of interAmerican agencies stimulated by the war, the imminent creation of the United Nations at the San Francisco Conference, and the problem of bringing the inter-American system into proper relations with the United Nations, led the American states to take stock of their organizational machinery and to decide that a general consolidation and codification was necessary. This decision was embodied in resolution IX, which dealt with the reorganization and strengthening of the inter-American system, set forth certain fundamental changes in the organization, and charged the Governing Board of the Pan American Union "with preparing, beginning May 1, 1945, a draft charter for the improvement and strengthening of the Pan American system." The resultant comprehensive draft served as the basis for discussion at the Bogotá Conference.

When the Ninth International Conference of American States convened at Bogotá from March 30 to May 2, 1948, it was the first such conference since the one held at Lima, Peru, in 1938. Exceedingly important changes had taken place during that time and the traditional course of the inter-American movement had changed from one of neutrality to collective security. The Bogotá Conference was, therefore, of particular significance. The United States delegation, headed by Secretary of State George C. Marshall and Assistant Secretary of State Norman Armour, took a leading part in the Conference. The most important action of the Bogotá Conference was the signature on April 30, 1948, of the Charter of the Organization of American States. On January 13, 1949, the President of the United States transmitted the Charter to the Senate for its advice and consent to ratification.

4. SUMMARY OF MAIN PROVISIONS OF CHARTER

In the discussions which took place at Bogotá, two schools of thought about the scope of the Charter developed. One group of American states, the United States among them, envisaged it as somewhat limited in character, designed primarily to define merely the structure and functions of the Organization. Another group of nations, led by Mexico, argued strongly that the Charter ought to be a single

all-inclusive document, containing the standards of conduct of nations and individuals, principles of inter-American economic, social, and cultural cooperation, as well as provisions for the pacific settlement of disputes and mutual defense. It was finally agreed that certain of these principles would be inserted in the first part of the Charter, while others would be contained in separate instruments. It follows that the Charter, as finally drafted, represents a compromise between these two concepts which is probably the best that could be obtained under the circumstances.

At the risk of some repetition in later sections of this report, a summary of the main provisions of the Charter are set forth below. Part I: Basic principles

All American states may become members by ratifying the Charter (arts. 1-3), the purposes of which are to strengthen peace and security on the continent, settle disputes amicably, take common action against aggression, solve political, juridical, and economic problems, and promote economic, social, and cultural development through cooperative action (art. 4)."

Long established principles of inter-American cooperation are reaffirmed, and the Convention on Rights and Duties of States, signed at the Montevideo Conference in 1933, is rephrased as articles 7-19. Among the principles covered are juridical equality, inviolability of territory, and the equal jurisdiction of the state over citizens and aliens.

All disputes between American states are to be settled by peaceful means, which include direct negotiation, mediation, investigation, conciliation, juridical settlement, and arbitration (arts. 20-23); and every act of aggression against a member state shall be dealt with according to the principles established in the Rio de Janeiro Treaty of 1947. Any act of aggression against a member state shall be considered as an act of aggression against all of the other states (arts. 24 and 25),

The rest of part I deals with cooperation among member states in order to improve economic, social, and cultural standards, and to promote the common well-being with due consideration for the national character of each member state.

Part II: Organizational structure of the system

The Organization is to achieve its purposes through the InterAmerican Conference, the Meeting of Consultation of Ministers of Foreign Affairs, the Council, the Pan American Union, the Specialized Conferences, and the Specialized Organizations.

The Inter-American Conference is the supreme body which decides matters of policy, action, structure, and functions of the Organization, and deals with all questions of friendly relations among the states. It must convene regularly every 5 years or more often in special meetings as needed (arts. 33-38).

The Meeting of Consultation of Ministers of Foreign Affairs shall be held in order to consider problems of an urgent nature and of common interest to the American states. An advisory Defense Committee is also provided to advise the foreign ministers on military problems that may arise in connection with the application of existing special treaties and collective security (arts. 39-47).

The Council is to be composed of one representative from each member state and is to take cognizance of any matters referred to the Inter-American Conference or the Meetings of Consultation of Ministers of Foreign Affairs. It is the permanent executive body of the entire system and is charged with supervising the Pan American Union and the Specialized Organizations and Specialized Conferences. It also must determine the quota each government is to contribute to the maintenance of the Pan American Union, and it will function at the Union (arts. 54-56). It has three organs: the Inter-American Economic and Social Council, the Inter-American Council of Jurists, and the InterAmerican Cultural Council (arts. 57-62).

The Inter-American Economic and Social Council will promote social and economic welfare in the Americas (arts. 63-66); the Inter-American Council of Jurists will serve as an advisory body on juridical matters (arts. 67-72); and the Inter-American Cultural Council will sponsor and promote inter-American cultural activities and programs dealing with education, research, science, and similar matters (arts. 73-77).

The Pan American Union is to be the central and permanent organ of the general Secretariat of the Organization, composed of a Secretary General and such personnel as may be required to carry on the activities of the Organization. The duties are specifically defined and the methods by which the chief positions shall be filled are carefully spelled out (arts. 78-91). The seat of the Pan American Union is Washington (art. 92).

Specialized conferences to deal with special technical matters (arts. 93-94) and Inter-American Specialized Organizations to function "with respect to technical matters of common interests to the American states" are brought within the framework of the Organization. These shall establish cooperative relationships with international agencies of a world-wide character, but must retain their status as integral parts of the Organization (art. 100). In the location of such Specialized Organizations the interests of all American states must be taken into account (arts. 95-101).

Part III: Miscellaneous provisions

The Charter shall not be construed to impair the rights and obligations of member states under the Charter of the United Nations (art. 102). Miscellaneous provisions cover the juridical status of Inter-American Specialized Organizations and eligibility of men and women to participate in the activities of the Organization. Articles also cover the legal capacity, privileges and immunities of the Organization and of its organs in the United States (arts. 103-107).

The Charter is to remain open for signature by the American states. It is to be ratified according to the respective constitutional procedures of the members. It is to enter into effect. when two-thirds of the signatory states have deposited ratifications. Amendments are to be made at Inter-American Conferences. The Charter will remain in force indefinitely, but may be denounced upon written notification by member states, which denunciation will take effect after 2 years (arts. 108-112).