The United States need not adhere rigidly to its declared formula of postponing decisions on boundary questions until after the war. It should be willing to proceed to the settlement of some territorial disputes as soon as it is possible to do so with the assurance that no harm will thereby be done to the successful prosecution of the war and that full weight will be given to the permanent factors on which we believe durable settlements should be based. In certain cases involving Soviet claims this Government is not disposed to object to settlements arrived at during hostilities by mutual agreement. In addition, in working out plans for the post-surrender treatment of Germany, the pressure of events may oblige this Government to take part in settling the territorial status of certain parts of Germany, which can hardly be held open for later settlement. IV. Principles for the Settlement of Territorial Disputes This Government should seek a settlement of each dispute based on the merits of the specific problem and on the relation of that problem to the whole settlement. Each proposed solution should be judged, above all, in the light of its contribution to peace and orderly development in Europe. The chief criteria would appear to be the wishes of the populations involved, the economic effects on the area in dispute, on the claimant states and on other countries, and the political effects on the states directly concerned and on the international organization. Claims based on historic possession and on strategic considerations should be given less weight, if any. In view of the fact that American participation in European territorial settlements may be affected by the relationship of the various claimant states to the Allies, the following section contains recommendations based on a classification of these disputes into six principal categories (See Appendices I and II and Map 4, European Series). These relationships will be a factor to be considered in each case, although the American position should in no instance be determined automatically by them. [Remaining Section and Appendixes not printed.] APPENDIX 38 [United States] Tentative Proposals for a I GENERAL CHARACTER OF AN INTERNATIONAL ORGANIZATION A. Nature of the Organization 1. The general international organization to establish and to maintain security and peace, as projected in the Four-Nation Declaration, signed at Moscow, October 30, 1943, should be based on the principle of cooperation freely agreed upon among sovereign and peace-loving states. The organization should be open to membership by all such states, large and small, and should be world-wide in character. 52 The "Table of Contents" in the original document is omitted here. 2. The United Nations and the nations associated with them, and such other nations as the United Nations may determine, should comprise the initial membership of the organization. 3. The organization should be empowered to make effective the principle that no nation shall be permitted to maintain or use armed force in international relations in any manner inconsistent with the purposes envisaged in the basic instrument of the international organization or to give assistance to any state contrary to preventive or enforcement action undertaken by the international organization. 4. The organization should be so constituted as to make possible the existence of regional organizations or other arrangements or policies not inconsistent with its purposes, and to enable such organizations and arrangements to function on their own initiation or by reference from the general organization on matters of security and peace which are appropriate for regional adjustment. The general organization should at all times be kept informed of the activities in matters of security and peace undertaken by regional organizations or under regional or other arrangements. 5. The organization should comprise arrangements for cooperation in the fields of economic and other specialized activities. B. Purposes 1. The primary purposes of the organization should be, first, to maintain international security and peace, and second, to foster through international cooperation the creation of conditions of stability and well-being necessary for peaceful and friendly relations among nations and essential to the maintenance of security and peace. C. Methods As methods to be used for the maintenance of security and peace, the international organization should: a. encourage peaceful adjustment of controversies by the parties themselves; b. initiate cooperative action by member states for the settlement of disputes; c. encourage the use of local or regional procedures for the settlement of disputes capable of adjustment by such procedures; d. recommend political or diplomatic action to adjust differences; e. provide for, and encourage resort to, processes of mediation, conciliation, and arbitration; f. encourage reference of justiciable matters to the international court of justice; g. refer to the court justiciable questions pending before the organization; h. settle disputes referred to it by the parties or over which it assumes jurisdiction on its own initiative; i. determine the existence of threats to the peace or breaches of the peace; j. arrange, when necessary, for economic, commercial, financial, and other measures of enforcement not involving use of armed force; k. provide for the use of armed force, when necessary in support of security and peace, if other methods and arrangements are inadequate. D. Principal Organs and Agencies 1. The international organization should have as its principal organs: a. A general assembly; b. An executive council; c. An international court of justice; and d. A general secretariat. 2. The international organization should have additional organs, councils, commissions, or other agencies for cooperation in international economic and social activities, for territorial trusteeship responsibilities, and for such other functions as may be found necessary. The general assembly should be composed of representatives of the states members of the international organization. B. Powers 1. It should be empowered to receive and to examine representations addressed to the international organization on matters deemed to be of concern to the organization, and to take action in matters of concern to the international organization which are not allocated to other organs by the basic instrument. 2. The principal powers of the general assembly should be as follows: a. to make, on its own initiative or on request of a member state, reports on and recommendations for the peaceful adjustment of any situation or controversy the continuation of which it deems likely to impair the general welfare; b. to assist the executive council, upon its request, in enlisting the cooperation of all states toward giving effect to action under consideration in or decided upon by the council with respect to: (1) the settlement of a dispute the continuance of which is likely to endanger security or to lead to a breach of the peace; (2) the maintenance or restoration of peace; and (3) any other matters within the jurisdiction of the council; c. to initiate studies and make recommendations for: (1) the promotion of international cooperation; (2) the development and revision of rules of international law; and (3) the promotion of the observance of basic human rights in accordance with principles or undertakings agreed upon by the states members of the international organization; d. to admit to membership in the organization independent states not initial members of the organization; e. to elect the members of the executive council not having continuing tenure and the judges of the international court of justice; f. to approve the budget of the organs and agencies of the organization, to determine a provisional and a continuing basis of apportionment of expenses of the organization among the member states together with the procedure of apportionment, and to review, make recommendations on, and take other action concerning the budgets of specialized agencies brought into relationship with the international organization in accordance with the terms agreed upon between such agencies and the international organization; g. to receive reports from the executive council and other organs and agencies of the organization and from all specialized bodies or agencies brought into relationship with the international organization; h. to exercise the powers with respect to economic and social activities and territorial trusteeship stipulated in Sections VIII and IX; i. to provide for the coordination of the general policies of all organs and agencies of the international organization and organizations and agencies brought into relationship with it; j. to set up any bodies or agencies it may deem necessary for the performance of its functions; and k. to propose amendments of the basic instrument, which should come into force when approved by two thirds of the member states through their constitutional processes, including the members having continuing tenure on the executive council. C. Representation and Voting 1. The delegation of each member state should consist of not more than six representatives. 2. Each member state should have one vote in the general assembly, except as provided for in paragraph 3 below. 3. In taking decisions with respect to the budget of the organs and agencies of the organization, the continuing basis of apportionment of expenses of the organization, and the budgets of specialized agencies brought into relationship with the organization each member state should have voting power in proportion to its contribution to the expenses of the organization. 4. Decisions with respect to the admission to membership in the organization, the election of the members of the executive council, the election of judges of the international court of justice, and the provisional basis of apportionment of expenses, should be taken by a two-thirds vote. Other decisions should be taken by a majority vote. D. Organization and Sessions 1. The general assembly should meet annually, but it may be convened in special session on the initiative of the executive council or under any procedure the assembly may adopt. 2. It should elect its president, vice-presidents, and other principal officers who should serve for annual terms or until their successors assume office. It should perfect its organization and adopt its own rules of procedure. 3. It should maintain headquarters at the seat of the international organization but may hold its sessions in whatever places would best facilitate the accomplishment of its work. III AN EXECUTIVE COUNCIL A. Composition and Representation 1. The executive council should consist of eleven states members of the international organization. These states should be elected annually by the general assembly and should not be immediately eligible for re-election except that the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the Republic of China should have continuing tenure. 2. There should be a provision in the basic instrument that whenever the executive council finds that a government freely chosen by the French people has been established and is in effective control of the territory of the French Republic, France should be added to the list of states members having continuing tenure on the council. 3. Each state member of the executive council should have one representative. 4. Any state member of the organization not having a seat on the executive council should be entitled to attend and to be heard on matters specially affecting that member. B. Powers 1. The executive council should have primary responsibility for the peaceful settlement of international disputes, for the prevention of threats to the peace and breaches of the peace, and for such other activities as may be necessary for the maintenance of international security and peace. It should in such matters represent, and act on behalf of, all the members of the international organization and should in every case seek a just and equitable settlement of international disputes. 2. The principal powers of the executive council are enumerated below in Section V, Pacific Settlement of Disputes, Section VI, Determination of Threats to the Peace or Breaches of the Peace and Action with Respect Thereto, Section VII, Regulation of Armaments and Armed Forces, and Section X, General Administration and Secretariat. C. Voting 1. Each state member of the executive council should have one vote. 2. Decisions with respect to the following matters should be taken by a majority vote including the concurring votes of all member states having continuing tenure, except as provided for in paragraphs 4 and 5 below: a. the assumption on its own initiative or on reference to it of jurisdiction over a dispute; b. the terms of settlement of disputes; c. the negotiations for a general agreement on the regulation of armaments and armed forces; d. the determination of threats to the peace, of breaches of the peace, and of acts obstructing measures for the maintenance of security and peace; and e. the institution and application of measures of enforcement. 3. Other decisions should be taken by a simple majority vote. 4. In all decisions any state member of the executive council should have the right to abstain from voting, but in such case the abstaining member should be bound by the decision. 5. Provisions will need to be worked out with respect to the voting procedure in the event of a dispute in which one or more of the members of the council having continuing tenure are directly involved. D. Organization and Sessions 1. The executive council should be in continuous session. Its headquarters should be maintained at the seat of the organization, but its meetings may be held at any places best facilitating its work. 3. It should be empowered (a) to set up any bodies or agencies it may deem necessary for the performance of its functions, (b) to perfect its own organization, and (c) to adopt its own rules of procedure. IV AN INTERNATIONAL COURT OF JUSTICE 1. The Permanent Court of International Justice should be reconstituted in accordance with a revision of its present Statute. 2. The revised Statute should be made a part of the basic instrument of the international organization. 843388-49-39 |