The "Bar" Treaty of 1947

Effectively Tying the Bar Associations of the

Respective Pan-American States Together an
s!"verting o!r #onstit!tion to $nite %ations
&nternational 'a(
Today an attorney is a sworn officer of the court, and
by his own admission, as that officer, his duty is to
impose the will of the state against the citizen.
AMERICA !AR A""#CIATI#
$#rganized at "aratoga "prings ew %or&, August '(,
()*)+
It,s ob-ect shall be to ad.ance the science of -urisprudence,
promote the administration of -ustice and uniformity of
legislation and of -udicial decision throughout the ation,
uphold the honor of the profession of the law, encourage
cordial intercourse among the members of the American
!ar and to correlate the acti.ities of the !ar organizations
of the respecti.e "tates on a representati.e basis, in the
interest of the legal profession and of the public throughout
the /nited "tates. $A!A Constitution, Article (+
REP)RT )* T+E SPE#&A' #),,&TTEE
*)R PEA#E A%- 'A. T+R)$/+ $%&TE-
%AT&)%S 0relative to the Bar Treaty of 19471
RE#),,E%-AT&)%S2
Resolve3 That the American !ar Association notes with
appro.al the further progress made, within the structure and
Charter of the /nited ations, at the recent Inter0American
Conference for the Maintenance of Continental 1eace and
"ecurity, held at 2uitindinia in !razil, in implementing the
Act of Chapultepec and strengthening further the spirit of
friendly consultations and of submission to law0go.erned
procedures, as well as the means of united self0defense,
throughout the Americas, against aggressions from outside
and for the pre.ention of the causes of disputes and
misunderstandings among the nations of this hemisphere.
The Association hails with particular satisfaction the Inter0
American Treaty of Reciprocal Assistance, signed at Rio de
3aneiro on "eptember ' by the representati.es of nineteen
American republics, as a concrete demonstration of what
can be accomplished within the framewor& of the /nited
ations, by nations which are willing to submit themsel.es
to the rule of law and to agree to act together for mutual
assistance and defense against aggression clearly defined.
The Association commends this Treaty to the consideration
of the 4elegation of the /nited "tates in the 5eneral
Assembly of the /nited ations and to li&e0minded peoples
because of its clear and specific statement and limitation of
its scope and purposes and especially its acceptance of the
principles of decision by a .ote of two6thirds of the
member nations on ma-or 7uestions $a ma-ority .ote on
some others+, with a party to a dispute between members
e8cluded from .oting on it, no nation re7uired to use armed
force without its consent, and no right or power on the part
of any nation to 9.eto or bloc& the defined procedures for
pacific settlement of contro.ersies within the Americas and
for united action in the e8ercise of the inherent right of
indi.idual or collecti.e self0defense recognized by Article
:( of the Charter, against aggression from any source,
anywhere within a Continental American zone defined in
the treaty.
Resolve *!rther3 That the American !ar Association
hails with especial satisfaction the progress made at
2uitindinia and Rio de 3aneiro because it has been fostered
acti.ely and substantially by lawyers of the Americas,
through their respecti.e bar associations and learned
academies of the law; and that this Association pledges its
continued support, through its own acti.ities and its
participation in the Inter0American !ar Association, in
behalf of the ob-ecti.es of the treaty and in behalf of peace,
understanding, mutual assistance and self0defense, and the
prre.iewence of the rule of law, throughout the Americas.
Resolve *!rther3 That the American !ar Association
fa.ors and urges the earliest practicable ratification of the
Inter0American Treaty of Reciprocal Assistance by the
"enate of the /nited "tates.
2 These recommenations (ere aopte "y the +o!se of
-elegates
&&
Resolve3 That the American !ar Association e8presses its
gratification that the 5eneral Assembly of the /nited
ations has before it for consideration and action a notable
report by its distinguished committee, which submits
definiti.e plans for the progressi.e de.elopment and the
e.entual statement or codification of the rules and
principles of international law.
Resolve *!rther3 That if the International <aw
Commission proposed by the report is authorized by the
5eneral Assembly and elected by the /nited ations, this
Association as an accredited organization long at wor& in
the field shall tender and render to the Commission and the
"ecretariat such assistance as they desire that this
Association shall underta&e, through its constituted
committees and sections as hitherto .oted by the =ouse of
4elegates and in close cooperation with The Canadian !ar
Association, to the continuance of which this Association
pledges its best efforts.
&&&
Resolve3 That the American !ar Association e8presses
again its considered opinion to be that the interests of
peace, -ustice and law throughout the world will best be
ad.anced through the continuance of united, outspo&en
support of the /nited ations by the American people, and
that efforts to strengthen and e8tend international
organization, cooperation and control of matters which are
international in their scope should be underta&en within the
framewor& of the /nited ations and on the basis of
undi.ided support of that organization.
Resolve *!rther3 That the American !ar Association
urges that lawyers and other citizens shall do all they can in
their home communities to maintain an informed public
opinion in fa.or of wor&ing through the /nited ations for
accomplishing the great ob-ecti.es of the Charter and the
"tatute of the International Court of 3ustice.
&4
Resolve3 That while the American !ar Association has
recognized and urged, at the time of the adoption and
ratification of the Charter in (>?: and since, that
strengthening amendments in se.eral respects will be
needed and should be considered in the light of e8perience,
the Association respectfully submits to the 4elegation of
the /nited "tates in the 5eneral Assembly of the /nited
ations the Association,s opinion that at the present
-uncture there is an especial need that, through agreed0on
interpretations of the Charter in the procedural rules or
through the formulation and adoption of specific
amendments of the Charter if need be, it shall be assured
that two0thirds or other substantial ma-ority of the nations
which wish to submit themsel.es to the rule of law and
accomplish the pacific settlement of international disputes
can ta&e effecti.e action against aggression and do so
within the procedures of the /nited ations, beyond the
power of a minority to 9.eto9 and pre.ent the action of
such a ma-ority in these respects.
Resolve *!rther3 That although the American !ar
Association hopes that all members of the /nited ations
will accede to the principles of effecti.e action by
substantial ma-orities, such as ha.e lately been accepted by
nineteen republics of this hemisphere, all of which are
members of the /nited ations, the Association
respectfully submits to the 4elegation of the /nited "tates
in the 5eneral Assembly the Association,s considered
opinion that any such amendments, if proceeded with,
should be specific and sufficient to accomplish the abo.e0
stated purpose, and that consideration should be gi.en to so
conditioning their submission for ratification as to ma&e
clear the intention of the ratifying members to put them into
effect between themsel.es if and when they are ratified by
at least two0thirds of the member "tates.
4
Resolve3 That the American !ar Association e8presses the
&een interest of its members in the proposed International
Trade #rganization and its proposed Charter, to be gi.en
final form and appro.al at a conference to con.ene in
=a.ana, Cuba, on o.ember '(; and the Association
recommends that when copies of the proposed
#rganization and Charter become a.ailable, the same
should be studied carefully and thoroughly by the Congress
and the people of the /nited "tates, and also reported on to
the =ouse of 4elegates by the "ection of International and
Comparati.e <aw, the committee on Commerce, and the
Committee for 1eace and <aw Through /nited ations, as
hitherto directed by the =ouse.
Resolve *!rther3 That the American !ar Association is of
the opinion that if the final form of the #rganization and
Charter would place binding obligations on its members,
the membership of the /nited "tates in the #rganization
and Charter should become effecti.e only when the same
are submitted by the 1resident and ratified by the "enate as
a treaty; and in .iew of the effect of prospecti.e pro.isions
upon American tariffs, reciprocal arrangements, and
financial obligations, only when appro.ed also by the
=ouse of Representati.es of the /nited "tates.
4&
Resolve3 That the American !ar Association is of the
opinion that the foreign policy of the /nited "tates should
continue to be in all respects de.eloped, decided and
unitedly supported, without di.ision on party lines or
regard for differences on other issues; and that the members
of the Association should to that end cooperate in bringing
about in their respecti.e communities informati.e public
discussions of all 7uestions entering into the foreign policy
of our country, and should ta&e the lead in behalf of an
informed and united support of that policy.
Resolve *!rther3 That the American !ar Association
endorses and supports the action of the 5o.ernment of the
/nited "tates in gi.ing assistance to the 5o.ernment of
5reece, in the e8ercise of the right of the /nited "tates
under Article :( of the Charter to ta&e indi.idual and
collecti.e action in defending against an armed attac& upon
a member of the united ations.
Resolve *!rther3 That the American !ar Association
endorses and supports in principle the proposal of the
5o.ernment of the /nited "tates that the nations of Europe
which need financial and other assistance from the /nited
"tates in the restoration of their economy and the
maintenance of their go.ernments against aggressions and
infiltrations shall first mobilize their own resources in
helping themsel.es and each other and shall establish their
own organized means of cooperating with each other for
the remo.al of trade barriers and for the maintenance of
united action by themsel.es against aggression and
propaganda from outside their border; and that the e8tent of
the financial needs of such nations and the e8tent of their
cooperation in such a policy shall be ascertained and made
&nown, before the /nited "tates underta&es commitments.
4&&
Resolve3 That officers of the American !ar Association
are authorized to transmit copies of the abo.e resolutions
when adopted or of such of them as may be appropriate, to
officials and committees of the /nited ations, to officers
of the 5o.ernment of the /nited "tates, to members of the
"enate and =ouse of Representati.es, and to other
associations and organizations with which this Association
is cooperating, including all organizations represented in
the =ouse of 4elegates.
REP)RT
The matters co.ered by our recommendations ha.e been so
closely followed by American lawyers that this report will
be brief. Their bac&ground has been from time to time
reported to the members of our Association through its
3ournal.
The matters dealt with are of the utmost importance to all
the people of our country and of the world. The 5eneral
Assembly of the /nited ations re0con.ened in ew %or&
City on "eptember (@, for sessions which seem li&ely to be
decisi.e as to the future of the e8isting international
organization. The present prospect is that the Congress of
the /nited "tates will be called in special session in
o.ember or 4ecember to ma&e decisions on new and
urgent phases of the foreign policy of our country and
authorize action to effectuate that policy.
/nder the conditions e8isting in the world today, your
committee is of the opinion that its recommendations, and
the action of our Association through the =ouse of
4elegates should be only such as will support and assist
those who, in our 5o.ernment and in the /nited ations,
are wor&ing earnestly for peace and law, and will help to
unite, not di.ide, American public opinion.
Against the bac&ground of a troubled and troubling world,
two heartening e.ents of the present month are first notedA
(. At Rio de 3aneiro, !razil, on "eptember ',
the representati.es of the 5o.ernments of all
the American republics, who constitute more
than one0third of all of the members of the
/nited ations, agreed upon, and nineteen
of them signed and the two others will sign,
the Inter0American Treaty of Reciprocal
Assistance, significant pro.isions of which
are referred to in our recommendations os.
( and ? and are hereinafter briefly discussed.
'. The 5eneral Assembly of the /nited
ations has on its calendar for action during
its current sessions, the comprehensi.e
report and recommendations of the
distinguished committee which it created
last 4ecember to formulate and submit
definiti.e plans for the progressi.e
de.elopment, and the e.entual codification,
of the rules and principles of international
law, in a form and content adapted to the
needs of the post war world. Bor members of
our Association who long ha.e wor&ed
earnestly for such an ob-ecti.e, this further
progress toward the definiti.e formulation
of international law under the authority of
the /nited ations is an encouraging step at
a time when many other ad.ances seem to
be stalled.
'a( A"iing %ations an S!"mission to the R!le
of 'a(
%our committee has felt the need for a phrase of
characterization that can be used in place of 9peace0lo.ing
ations,9 to denote those go.ernments and peoples which
are willing to submit themsel.es to the rule of law in
international affairs and conform to it. "ecretary =ull,s
9peace lo.ing nations9 of the (>?C Moscow Conference
and 4eclaration will not do. All nations claim to be 9peace
lo.ing,9 and all or most of them are0 some of them only on
their own terms. 9<aw0abiding nations9 may be the best
phrase. Its appropriation from internal, community life is
apt. Dhat is meant by a law0abiding citizen of a city or
town is well &nown. The indi.idual who brea&s the peace
or considers himself abo.e the law is readily found out. To
9abide9 the law and legal procedures and not to ta&e the
law and one,s claimed rights into one,s own hands is a good
English phrase and a recognized test.. In world affairs, the
law0abiding nations areA
(. Those which belie.e that peace, freedom
and security can be secured best $and
probably only+ through the rule of law.
'. Those which wish and intend, in a
cooperati.e spirit and through their chosen
representati.es, to formulate, establish and
support the supremacy of rules and
principles of law, orderly ad-udication, and
impartial enforcement.
C. Those that by their agreements and their
acts stand pledged to abide by and conform
to the laws which ma-orities ha.e duly
established after the .iews of ma-orities and
minorities ha.e been democratically
e8pressed and duly considered.
The law0abiding citizen of a community
does not insist or e8pect that his disputes or
rights shall be settled by 9negotiations9 or
by political support from the powerful or by
discussions at the political le.el. =e
instincti.ely and by habit obeys the law as
he understands it to be A if disagreement or
dispute as to it arises, he goes to court and
abides the decision.
The policeman who finds a bully beating up
a little man does not as& for debateA 9Is his
aggression -ustifiedE9 =e as&s onlyA 9Is there
a law against itE9 If he thin&s there is, he
stops the attac&, hales the aggressor or both
parties to court, and lets the law and the
-udge decide.
"o it should be with nations. The
international community should become
law0abiding. The chairman of your
committee has made some chec& as to
whether 9law0abiding9 has similar
connotation in the community life of Canada
and 5reat !ritain. <i&e understanding seems
to pre.ail.
The Charter of the nations entrusts the
de.elopment and codification of
international law to the 5eneral Assembly.
That body is at wor& on that tas&. 1rogress
in the Assembly cannot be bloc&ed by any
9.eto.9 Bor an authoritati.e body of
-urisconsults to state and declare
international and world law will gi.e it great
weight and force, will ma&e it a standard to
which law0abiding nations will repair. To
gi.e it binding force in the sense that
domestic legislation is law will be a second
step, but hardly difficult on the part of
nations that are minded to pledge themsel.es
to abide the rule of law.
%our committee submits the following brief comment on its
principal recommendationsA
RE#),,E%-AT&)% %o5 16
AS T) T+E &%TER-A,ER&#A% TREAT7 )*
RE#&PR)#A' ASS&STA%#E
ineteen American republics, $(+ constituting more than
one0third of the status in the !ritish Commonwealth of
ations, the 4ominion of Canada did not ta&e part in the
Conference or sign the Treaty, but pro.ision was made for
its accession or cooperation, if Canada so desires and
decides. In any e.ent, Canada and the /nited "tates ha.e
for many months been ta&ing practical steps for the defense
of orth America against attac&, and ha.e long resorted to
friendly and peaceful means of settling whate.er disputes
or problems arise between them.
#f far reaching importance is the fact that the Treaty of Rio
de 3aneiro contains a clear definition of elementary acts of
aggression which are outlawed in ad.ance and are not left
to e8 post facto debate and political action sub-ect to the
9.eto,9 as is the case in the Charter of the /nited ations.
A further gain is the recognition and specific and basic
a.erment that 9the American regional community affirms
as manifest truth that -uridical organization is a necessary
prere7uisite of security and peace and is founded on -ustice
and moral order9 $1reamble+.
In this and other respects, the significance of what has been
accomplished by the nations of the Americas may well be
commended at this time to the American 4elegation in the
/nited ations and to the world. The principles, purposes,
and practical effecti.eness of the Charter ha.e been assured
as to the Destern =emisphere. Dhat has been amicably
agreed on and done here to outlaw war of aggression,
assure the settlement of disputes by -uridical or other
peaceful means, and pro.ide for the common defense
against attac&, e8emplifies what can be done under the
Charter. That more than one0third of the members of the
/nited ations bind themsel.es to accept decisions by a
two0thirds .ote on actions within that specific and limited
field, with out a 9.eto9 power on the part of any nation,
,may be also a hopeful augury as well as e8ample. The sole
limitation on collecti.e action so determined is that no
nation 9shall be re7uired to use armed force without its
consent9 $Treaty, Article 'F+, by its .ote or otherwise.
The Treaty may thus offer an opportunity, in that it denotes
the support of the /nited "tates and other members of the
/nited ations, in this hemisphere, for principles which
might sol.e some of the ma-or difficulties under the
Charter. o nation will be obligated to participate in
sanctions of a military character unless it has .oted for that
or otherwise consented. #ne of the reasons urged for
granting and retaining the 9.eto,9 for the fi.e principal
powers, has been that the /nited "tates should not put itself
in a position where it might be called on to furnish and use,
without its own consent, its armed forces to enforce non0
unanimous decisions.
%our committee recommends that the Association fa.or the
speedy ratification of the Treaty. $C+
RE#),,E%-AT&)% %o5 86
AS T) T+E &%TER%AT&)%A' 'A.
#),,&SS&)% A%- T+E PR)/RESS&4E
-E4E')P,E%T )* &%TER%AT&)%A' 'A.
The report of the 5eneral Assembly,s committee, as
submitted to the members of the /nited ations and now
pending before the 5eneral Assembly at Blushing
Meadows, as summarized in the 3uly 3#/RA< $CC
A.!.A.3. *'*0*CF $(>?*+ and published in full in the
August 3#/RA< $CC A.!.A. 3. )C(0)C: $(>?*+
The recommended tas& is to be entrusted in the first
instance, as our Association recommended in (>?:, before
the "an Brancisco Conference $C( A.!.A.3. ''*0''); May,
(>?:+ and again to the "tate 4epartment in May of (>?*
$CC A.!.A.3. *'); 3uly, (>?*+, to an International <aw
Commission of fifteen specially 7ualified -urists and
-urisconsults who will be nominated by the member nations
on a basis which will tend to assure that none will name
only its own nationals. $?+ They will be elected by the
5eneral Assembly and the "ecurity Council, in the same
manner as -udges of the International Court of 3ustice are
elected $?+ this also as recommended by our Association
$C(A.!.A.3. ''*0''); May, (>?:+.
A statement or codification of the principles and rules of
present0day international law, prepared and issued under
the auspices of a body elected in a manner similar to that in
which the members of the Dorld Court are elected, would
ha.e great authority and influence among states which were
willing to submit themsel.es to the rule of law in the
international sphere, irrespecti.e of its adoption and
promulgation as a unilateral agreement ha.ing a binding
legal force.
%our committees, recommendation e8tends an assurance of
our Association,s cooperation with the International <aw
Commission and the "ecretariat, if the International <aw
Commission is created. In assistance to that wor& and in
order that submissions by our Association in cooperation
with The Canadian !ar Association shall reflect the
considered opinion of lawyers in all parts of the two
countries, it is e8pected that the regional group conferences
under the auspices of the two bar associations will be
resumed before the year ends. Eight such conferences in the
series were held in March through May $CC A.!.A.3.
:@'$(>?*+.
RE#),,E%-AT&)% %o596
AS T) $%&TE- A,ER&#A% S$PP)RT *)R
T+E $%&TE- %AT&)%S A%- *)R .)R:&%/
T+R)$/+ T+E $%&TE- %AT&)%S T)
STRE%/T+E% &T
#ur Association has repeatedly declared for united,
undi.ided support of the /nited ations and its Charter by
the American people. "uch a declaration is opportune and
well -ustified at this -uncture. 9Bidelity to the /nited
ations9 was declared by 1resident Truman at Rio de
3aneiro to be the cornerstone of American policy. It has
profoundly affected and changed that policy, in that
organized cooperation with other nations has become a
primary ob-ecti.e.
/p to the present time, the /nited ations has been in more
than a few respects less effecti.e that had been fondly
hoped when the Charter was signed. 1erhaps too much was
e8pected of it too soon, by some; the machinery and
procedures for consultations and organized cooperation
cannot of themsel.es ma&e all nations law0abiding or instill
immediately a purpose to get along together amicably
despite conflicting ideologies.
Memories may be short0li.ed. 1robably good0will and a
spirit of understanding and cooperation are more manifest
today among more nations than was the case during the
first ten or more years after Dorld Dar I. E.en in the
conspicuous and highly pro.ocati.e contro.ersies in which
the /nited ations has appeared to ma&e little or no
headway in the absence of its 5eneral Assembly, many
obser.ers ha.e felt that the aggra.ations were less acute
because the disputants were face to face and around a table,
and had to state and argue their claims in as friendly an
atmosphere as could be created.
!eyond a doubt, the rift between the East and the Dest has
thus far created serious obstructions, which e8isting
procedures and powers ha.e not o.ercome, !ut the /nited
ations pro.ides the only forum in which the spo&esmen
for the two 9spheres9 are continually brought together; for
discussion which is amicable in spirit although animated
and at times di.isi.e. Especially in .iew of what has
recently been accomplished under the Charter and within
the framewor& of the /nited ations, your committee is of
the opinion that efforts to strengthen the Charter and e8tend
the effecti.eness of international organization and
cooperation should in any e.ent go forward on the basis of
supporting the /nited ations rather than of abandoning or
re-ecting the e8isting international organization.
RE#),,E%-AT&)% %)5 46
AS T) A,E%-,E%TS )* T+E #+ARTER )*
T+E $%&TE- %AT&)%S
The 5eneral Assembly is in session in ew %or& City.
!efore its present con.ocation ends, the proposal of
amendments of the Charter seems certain to recei.e the
consideration of leaders and delegates in that 9town
meeting of the world.9
E.er since the signing and ratification of the Charter in
(>?:, our Association has been of the opinion that
strengthening amendments will be needed and should be
sought as e8perience made it ad.isable. At the appropriate
time, if the /nited "tates 4elegation in the Assembly
indicates that the -udgment and recommendations of our
Association are desired or will be considered, your
committee will be prepared to submit specific suggestions.
At the present time, your committee is of the opinion that
action by our Association will not ad.isably go beyond the
recommendations which accompany this report. The Treaty
between the American republics which comprise more than
one0third of the members may open or point way to
interpretations or amendments which will enable prompt
and effecti.e action by a two0thirds .ote or other
substantial ma-ority. The Charter,s re7uirement of
unanimity of action among the fi.e nations ha.ing
permanent representation in the "ecurity Council has gi.en
to serious problems. $:+ More than a third of the members
of the /nited ations, including the /nited "tates ha.e
agreed that no such 9.eto9 is needed among any of the
nations of this hemisphere, in fulfilling the paramount
purposes of the Charter.
It should of course be recognized that the 9.etoes9
interposed ha.e been within the rights of the principal
powers under the Charter. o claim that they .iolated the
pro.isions of the Charter could be made. #n the other hand,
many of them are regarded as .iolating both the spirit and
the letter of the assurances which the fi.e principal powers
ga.e at the "an Brancisco Conference, as to the e8tent and
purposes for which they would use the .eto. $@+
Certainly the "an Brancisco Conference determined and
declared that if a 9.eto9 was interposed as an amendment of
the Charter desired by the great ma-ority of the member
nations, that ma-ority was not to be without remedy. $*+
The e8pressed attitude of the /nited "tates, before, and
during the first days of the meeting of the 5eneral
Assembly, is that $)+ 9De are not unalterably opposed to
e.ery proposal for a re.ision of the Charter although we
belie.e that there is at the present time no need for ma-or
re.isions of the Charter or for a change in the general
character of the /nited ations.
9Many articles of the Charter ha.e not yet been brought
into play and gi.en life and meaning by practical
application. one of the principal organs ha.e as yet fully
e8erted the authority and influence which are possible
under the e8isting Charter. The members themsel.es as
represented in the 5eneral Assembly ha.e by no means
e8hausted the potentialities of the Charter in finding ways
and means of o.ercoming obstruction and of meeting their
common problems Dhile we might be willing to accept
certain amendments to the Charter, we belie.e that rapid
progress can be made in the immediate future within the
general framewor& which we now ha.e and we shall
oursel.es ma&e proposals for utilizing more fully e8isting
machinery.9
The nature and scope of the proposals by the /nited "tates
to fulfill 9the potentialities of the Charter,9 to find 9ways
and means of o.ercoming obstruction,9 and to accomplish
9rapid progress9. . . in the immediate future within the
general framewor& which we now ha.e,9 ha.e not been
made public at this writing. $>+ !asically, they see& the
strengthening of the 5eneral Assembly to an e8tent that its
present session 9may begin a new phase in the life of the
/nited ations.9 "aid "ecretary MarshallA
9The 5eneral Assembly is the forum in which this
s&epticism must be forestalled and the forum in which our
disagreements must be resol.ed. The great moral and
political forces of the world must somehow be brought to
bear with full effect through the 5eneral Assembly.9
The American proposals will doubtless include all or most
of those which 4elegate =erschel G. 3ohnson informally
submitted to the "ecurity Council on August '*, to show
the e8tent to which agreed0on clarifications and
amendments of the Council,s procedural rules could
remo.e obstacles to effecti.e action, without amendment of
the Charter. $(F+ If these changes had been in effect, they
would not ha.e barred the 9.etoes9 which ha.e been
interposed.
Another proposal fa.ored by some nations is that, through
agreement or through amendment of the Charter if need be,
the 9.eto9 shall apply only to sanctions and enforcement
measures by the "ecurity Council and shall not apply to
steps for fact0finding and the peaceful settlement of
disputes. This change would ha.e barred all or most of the
9.etoes9 which ha.e been bloc&ing action for
in.estigations and efforts to settle disputes.
If amendments of the Charter are not proceeded with and
the law0abiding nations ha.e to consider and decide as to
what indi.idual and collecti.e action they can agree on and
ta&e, within the framewor& of the Charter and pursuant to
its Article :(, a considered suggestion has been made for a
supplementary agreement or protocol for mutual defense
against defined aggression, to be effecti.e among the
ratifying nations when two0thirds of them ha.e ratified.
$((+
All but one of the members of your committee are of the
present opinion that such amendments as may be de.eloped
and decided on by the 5eneral Assembly shall be submitted
under Article (F) of the Charter for ratification and that a
5eneral Conference under Article (F> should not be called
at this time, for the drafting of amendments. A possible
alternati.e or compromise, in the e.ent that the 5eneral
Assembly is of the opinion that the formulation of
amendments should be considered but that its calendar for
its present regular session is too hea.y and congested, has
been suggested, to the effect that the 5eneral Assembly
.ote to meet in special session early in (>?) to consider
amendments, any proposals for amendment to be filed with
the "ecretary05eneral in ad.ance and by him circulated
among the member nations. This would be in lieu of the
calling of a Conference under Article (F>, which would as
a practical matter be made up of substantially the same
persons as are delegates to the 5eneral Assembly.
%our committee does not at this time pass upon any of
these proposals as such. The amendments pre.iously
recommended by the =ouse of 4elegates are along lines
which appear to be worthy of consideration now. There is
e.ery prospect that the whole sub-ect will be spiritedly and
thoroughly considered in conferences of the delegations
and on the floor of the 5eneral Assembly. An important
ob-ecti.e is that the power of the great ma-ority of the
member nations to act together to outlaw war, pre.ent and
punish aggression, and pro.ide for the peaceful settlement
of pro0.ocati.e disputes, shall be assured beyond doubt. In
the opinion of many obser.ers, the present critical issues
among the nations go much deeper than anything that could
at present be coped with through amendments of the
Charter.
RE#),,E%-AT&)% %o5 ;6
AS T) T+E PR)P)SE- &%TER%AT&)%A'
TRA-E )R/A%&<AT&)% A%- &TS #+ARTER
!ecause rehabilitation of the world,s shattered economy
and the relief of peoples from hunger, want, unemployment
and despair are essential to the restoration of lasting peace
and the rule of law, American lawyers are naturally
interested in proposals to deal with international economic
problems and those of international trade and commerce
through cooperati.e action under the auspices of an agency
of the /nited ations. The pro.isions of a Charter creating
and implementing such an international Trade #rganization
may also ha.e important effects on industry and commerce,
in respects which are of interest and concern to lawyers.
$('+
Considerable preparatory wor& as to the Charter of the
proposed International Trade #rganization has been done at
a conference in session in 5ene.a, "witzerland, since April;
but the Charter will be gi.en its final form in a Conference
to be con.ened in =a.ana, Cuba, on o.ember '(. The
form in which the draft Charter will emanate from the
5ene.a Conference is not yet a.ailable for study by your
committee, It is &nown that the document has been largely
changed from the form in which it was ta&en to 5ene.a,
after a few hearings in this country.
The =ouse of 4elegates as&ed your committee, along with
the Committee on Commerce and the "ection of
International and Comparati.e <aw, to study and report to
the =ouse concerning the International Trade #rganization
and its proposed Charter.
/nder these circumstances, your committee is of the
opinion that it would plainly be premature for the
committee or the =ouse at this time to pass upon any
phases of the International Trade #rganization or its
proposed Charter. 1resent action by the =ouse of 4elegates
may appropriately, in the opinion of your committee, call
the attention of the profession and the public to the
importance of the sub-ect, recommend a careful study of
the Charter when copies of it are a.ailable, and declare in
fa.or of its being submitted for ratification by the "enate as
a treaty, and for action upon it also by the =ouse of
Representati.es, for reasons indicated in our submitted
resolution.
!ecause of their large relationships to tariffs, re.enues, and
other fiscal matters, as well as their probable legislati.e
conse7uences, the pro-ected pro.isions of the Charter
appear to be such as to come within the intent and practice
under the Constitution that the =ouse of Representati.es
shall act as to such matters.
RE#),,E%-AT&)% %o5 =6
AS T) T+E *)RE&/% P)'&#7 )* T+E
$%&TE- STATES
#ur first resolution is for a re0affirmance of our
Association,s stand that the foreign policy of the /nited
"tates should be de.eloped, decided on, supported and
carried forward, by a /nited country, without di.ision on
party lines. $(C+
#ur second resolution proposes support of the action of our
5o.ernment in gi.ing assistance to the 5o.ernment and
people of 5reece, under Article :( of the Charter; %our
committee belie.es that this basic feature of our country,s
policy should ha.e the endorsement of our Association and
the support of the American people. $(?+
#ur final resolution as to foreign policy proposes to declare
support for stated basic principles which are belie.ed to be
fundamental for a soundly0concei.ed plan for the economic
rehabilitation of the shattered economy of Europe, for our
own protection against aggressions and infiltrations which
might otherwise come so near our shores and 9region9 as to
menace all nations of the America. The basic principle
underlying American assistance in money, food, farm
e7uipment, fertilizer, and other essentials of a free
economy, shall be that the free nations of Europe shall first
organize and cooperate to help themsel.es and each other,
on the hard road bac& to stability, independence, sol.ency
and peace.
In the opinion of a ma-ority of your committee, the
9Marshall 1lan9 has not yet at this writing been gi.en
sufficiently definite and particularized form to enable or
warrant a declaration appro.ing it as such and by name.
!ut it seems to be highly essential that the organized bar,
and indi.idual lawyers throughout our country, shall do all
they can to bring it about that the principles and reasons
underlying the American policy toward Europe shall be
understood and appro.ed by the people. Resolutions which
declare and endorse the .ital principles may ser.e this
purpose better than an endorsement by name of a plan
which has not yet been published in a definiti.e form.
T+E SE#)%- REP)RT B7 T+E
#),,&SS&)% AS T) &%TER%AT&)%A'
#)%TR)' )* AT),&# E%ER/7
Action by the /nited ations for effecti.e international
control of the production and use of atomic energy for war
purposes is still 9stalled9 by the attitude of the "o.iet
/nion. The second report of the /nited ations Atomic
Energy Commission, created by the 5eneral Assembly at
its organizational session in <ondon in Bebruary of (>?@,
was filed this month. A definiti.e plan supported by the
ations, including the /nited Hingdom, Brance, China and
the /nited "tates, was appro.ed by the .otes of ten
members of the Commission and transmitted to the
"ecurity Council.
Russia .oted against it and ga.e notice on "eptember @ that
it would not wai.e the 9.eto9 when the report comes before
the "ecurity Council.
1oland protested the report but 9abstained9 from .oting
against it in the Commission. The 9stic&ing0point9 is that
the "o.iet /nion insists that only the "ecurity Council shall
decide all 7uestions of sanctions, enforcement, etc., as to
.iolators of the proposed con.ention for prohibition or
control of atomic weapons in war, and insists further that
there be no wai.er or modification of its 9.eto9 power in
the council as to action against .iolators. $(:+
This all0important issue will thus be bloc&ed in the "ecurity
Council, but will recei.e spirited consideration at some
stage of the crucial session of the Assembly.
1roposals ha.e been made that the nations which are
willing to submit themsel.es to international control and to
international and world law on the sub-ect shall proceed
with their con.ention and gi.e all ratifying nations its
benefit and protection.
%our committee reports that in .iew of the pressure of
urgent business before the "enate of the /nited "tates at the
short session of the Congress which ad-ourned on 3uly '@,
no efforts were made by your committee to obtain the
introduction and passage of a "enate resolution for an
amended or superseding American 4eclaration. to
eliminate the Connally reser.ation as to American
acceptance of the 9optional9 -urisdiction of the Dorld
Court. "uch action by the "enate was recommended by the
=ouse of 4elegates at its Bebruary session on the
recommendation of your committee. $see CC A.!.A.3. '?>,
?#F0?#(, ?CF $(>?*+.
"e.eral members of the "enate e8pressed their interest in
the sub-ect and their attention to initiate correcti.e action at
an opportune time.
In conclusion, your committee calls special attention to the
declarations in se.eral of its resolutions, as to the need that
lawyers e.erywhere shall do all they can to aid the
de.elopment of public understanding of the issues in.ol.ed
and an informed public opinion in support of our country,s
policy in foreign affairs.
Respectfully "ubmitted
DI<<IAM <. RA"#M
Chairman
BRE4ERIC M. MI<<ER
Gice0Chairman
RE5IA<4 =E!ER "MIT=
"ecretary
5E#R5E A. BIC=
TA11A 5RE5#R%
BRAH E. =#<MA
DI<<IAM <#5A MARTI
#RIE <. 1=I<<I1"
M.C."<#""
C=AR<E" D. TI<<ETT
1=I<I1 3. DICH"ER
APPE%-&>
T+E &%TER-A,ER&#A% TREAT7 )*
RE#&PR)#A' ASS&STA%#E
PREA,B'E
In the name of their peoples, the 5o.ernments represented
at the Inter0American Conference for the Maintenance of
Continental 1eace and "ecurity, inspired by the desire for
consolidating and strengthening their relations of friendship
and good neighborliness and
ConsideringA
That Resolution ) of the Inter0American Conference on the
1roblems of Dar and 1eace, which met at Me8ico City,
recommended the conclusion of a treaty to pre.ent and
repel threats and acts of aggression against any of the
countries of America;
That the high contracting parties reiterate their will to
remain united in the inter0American system, consistent with
the purposes and principles of the /nited ations, and
reaffirm the e8istence of the agreement which they
concluded concerning matters relating to maintenance of
international peace and security which are appropriate for
regional action;
That the high contracting parties reaffirm adherence to the
principles of inter0American solidarity and cooperation and
especially to those set forth in the preamble and
declarations of the Act of Chapultepec, all of which should
be understood to be accepted as standards of their mutual
relations and as the -uridical basis of the inter0American
system; That American states propose in order to impro.e
the procedures for pacific settlement of their contro.ersies
to conclude the treaty concerning the 9inter0American
peace system9 en.isaged in Resolution C> of the Inter0
American Conference on 1roblems of Dar and 1eace;
That the obligation of mutual assistance and common
defense of the American republics is essentially related to
their democratic ideals and their will to cooperate
permanently in fulfillment of the principle and of a policy
of peace;
That the American regional community affirms as manifest
truth that -uridical organization is a necessary prere7uisite
of security and peace and is founded on -ustice and moral
order on international recognition and protection of human
rights and freedoms, on the indispensable well being of the
people and on the effecti.eness of democracy for
international realization of -ustice and security;
In conformity with the ob-ecti.es stated abo.e and in order
to assure peace through ade7uate means, to pro.ide for
effecti.e reciprocal assistance to meet armed attac&s
against any American state and in order to deal with threats
of aggression against any of them, ha.e resol.ed to
conclude the following treatyA
ART&#'E 1
The high contracting parties formally condemn war and
underta&e in their international relations not to resort to
threat or use force in any manner inconsistent with the
pro.isions of the Charter of the /nited ations or of this
treaty.
ART&#'E 8
As a conse7uence of the principle set forth in the preceding
article, the high contracting parties underta&e to submit
e.ery contro.ersy which may arise between them to
methods of peaceful settlement and endea.or to settle such
contro.ersies among themsel.es by means of procedures in
force in the inter0American system before referring them to
the 5eneral Assembly or the "ecurity Council of the /nited
ations.
ART&#'E 9
(.The high contracting parties agree that an armed attac& by
any states against an American state shall be considered as
an attac& against all the American states and conse7uently
each one of the said contracting parties underta&es to assist
in meeting the attac& in e8ercise of the inherent right of
indi.idual or collecti.e self0defense recognized by Article
:( of the Charter of the /nited ations.
'. #n the re7uest of the state or states directly attac&ed and
until the 9decision of the organ of consultation of the inter0
American system, each one of the contracting parties may
determine immediate measures which it may indi.idually
adopt in fulfillment of the obligation contained in the
preceding paragraph and in accordance with the principle
on continental solidarity. The organ of consultation shall
meet without delay for the purpose of e8amining these
measures and agreeing upon measures of a collecti.e
character that should be adopted.
C. The pro.isions of this article shall be applied in case of
any armed attac& which ta&es place within the region
described in Article ? or within the territory of an American
state. Dhen an attac& ta&es place outside the said areas the
pro.isions of Article @ shall be applied.
?. The measures of self0defense pro.ided under this article
may be ta&en until the "ecurity Council of the /nited
ations has ta&en measures necessary to maintain
international peace and security.
ART&#'E 4
The region to which this treaty refers is bounded as
followsA !eginning at the orth 1ole; Thence due south to
a point *? degrees north latitude (F degrees west longitude;
Thence by a rhumb line to a point ?* degrees CF minutes
north latitude :F degrees west longitude; Thence by a
rhumb line to a point C: degrees north latitude @F degrees
west longitude; Thence due south to a point in 'F degrees
north latitude; Thence by a rhumb line to a point : degrees
north latitude '? degrees west longitude; Thence due south
to the "outh 1ole; Thence due north to a point CF degrees
south latitude >F degrees longitude; Thence by a rhumb
line to a point on the E7uator at >* degrees west longitude;
Thence by a rhumb line to a point (: degrees north latitude
('F degrees west longitude; Thence by a rhumb line to a
point :F degrees north latitude (*F degrees east longitude;
Thence due north to a point :? degrees north latitude;
Thence by a rhumb line to a point @: degrees CF minutes
north latitude (@) degrees :) minutes : seconds west
longitude; Thence due north to the orth 1ole.
ART&#'E ;
The high contracting parties shall immediately send to the
"ecurity Council of the /nited ations in conformity with
Article :( and :? of the Charter of the /nited ations
complete information concerning the acti.ities underta&en
or in contemplation in the e8ercise of the of right of self0
defense or for the purpose of maintaining inter0American
peace and security.
ART&#'E =
If the in.iolability or the integrity of the territory or the
so.ereignty or political independence of any American
state should be affected by an aggression which is not an
armed attac& or by an intra0continental or e8tra0continental
conflict, or by any other fact or situation that might
endanger the peace of America, the organ of consultation
shall meet immediately in order to agree on the measures
which must be ta&en in case of aggression to assist the
.ictim of the aggression or, in any case, the measures
which should be ta&en for the common defense and for the
maintenance of the peace and security of the continent.
ART&#'E 7
In the case of a conflict between two or more American
states, without pre-udice to the right of self defense in
conformity with Article :( of the Charter of the /nited
ations, the high contracting parties, meeting in
consultation, shall call upon the contending states to
suspend hostilities and restore matters to the status 7uo ante
bellum, and shall ta&e in addition all other necessary
measures to reestablish or maintain. inter0American peace
and security and for the solution of the conflict by peaceful
means. The re-ection of the pacifying action will be
considered in the determination of the aggressor and in the
application of the measures which the consultati.e meeting
may agree upon.
ART&#'E ?
Bor the purposes of this treaty, the measures on which the
organ of consultation may agree will comprise one or more
of the followingA
Recall of chiefs of diplomatic missions, brea&ing of
diplomatic relations, brea&ing of consular relations,
complete or partial interruption of economic relations or of
rail, sea, air, postal, telegraphic, telephonic and radio0
telephonic or radio0telegraphic communications and the use
of armed force.
ART&#'E 9
In addition to other acts which the organ of consultation
may characterize as aggression, the following shall be
considered as suchA
$A+ /npro.o&ed armed attac& by a state
against the territory, the people or the land,
sea or air forces of another state;
$!+ In.asion by the armed forces of a state
or the territory of an American state through
the trespassing of boundaries demarcated in
accordance with a treaty, -udicial decision or
arbitral award or, in the absence of frontiers
thus demarcated, an in.asion affecting a
region which is under the effecti.e
-urisdiction of another state.
ART&#'E 1@
one of the pro.isions of this treaty shall be construed as
impairing the rights and obligations of the high contracting
parties under the Charter of the /nited ations.
ART&#'E 11
The organ of consultation referred to in this treaty shall be,
until a different decision is ta&en, the meeting of the
Ministers of Boreign Affairs of the signatory states which
ha.e ratified the treaty.
ART&#'E 18
The 5o.erning !oard of the 1an American /nion may act
pro.isionally as an organ of consultation until the meeting
of the organ of consultation referred to in the preceding
article ta&es place.
ART&#'E 19
The consultations shall be initiated on the re7uest addressed
to the 5o.erning !oard of the 1an American /nion by any
of the signatory states which has ratified the treaty.
ART&#'E 14
In the .oting referred to in this treaty only the
representati.es of the signatory states which ha.e ratified
the treaty may ta&e part.
ART&#'E 1;
The 5o.erning !oard of the 1an American /nion shall act
in all matters concerning this treaty as an organ of liaison
among the signatory states which ha.e ratified this treaty
and between these states and the /nited ations.
ART&#'E 1=
The decisions of the 5o.erning !oard of the 1an American
/nion referred to in Articles (C and (: abo.e shall be ta&en
by an absolute ma-ority of the members entitled to .ote.
ART&#'E 17
The organ of consultation shall ta&e its decisions by a .ote
of two0thirds of the signatory states, which ha.e ratified the
treaty.
ART&#'E 1? In the case of a situation or dispute
between American states the parties directly interested shall
be e8cluded from the .oting referred to in the two
preceding articles.
ART&#'E 19
To constitute a 7uorum in all the meetings referred to in the
pre.ious articles it shall be necessary that the number of
states represented, shall be at least e7ual to the number of
.otes necessary for the adoption of the decision.
ART&#'E 8@
4ecisions which re7uire the application of the measures
specified in Article ) shall be binding upon all the signatory
states which ha.e ratified this treaty e8cept that no state
shall be re7uired to use armed force without its consent.
ART&#'E 81
The measures agreed upon by the organ of consultation
shall be e8ecuted through the procedures and agencies now
e8isting or those which may in future be established.
ART&#'E 88
This treaty shall enter into effect between the states which
ratify it us soon as the ratifications of two0thirds of the
signatory states ha.e been deposited.
ART&#'E 89
This treaty is open for signature by the American states at
the City of Rio de 3aneiro and shall be ratified by the
signatory states as soon as possible in accordance with their
respecti.e constitutional processes. The ratifications shall
be deposited with the 1an American /nion, which shall
notify the signatory states of each deposit. "uch notification
shall be considered as an e8change of ratifications.
ART&#'E 84
The present treaty shall be registered with the secretariat of
the /nited ations through the 1an American /nion when
two0thirds of the signatory states ha.e deposited their
ratification.
ART&#'E 8;
This treaty shall remain in force indefinitely but may be
denounced by any high contracting party by a notification
in writing to the 1an American /nion, which shall inform
all the other high contracting parties of each notification of
denunciation recei.ed. After the e8piration of two years
from the date of the receipt by the 1an American /nion of a
notification of denunciation by any high contracting party,
the present treaty shall cease to be in force with respect to
such state but shall remain in full force and effect with
respect to all the other high contracting parties.
ART&#'E 8=
The principles and fundamental pro.isions of this treaty
shall be incorporated in the organic pact of the inter0
American system. In witness whereof, the undersigned
plenipotentiaries, ha.ing deposited their full powers found
to be in due and proper form, sign this treaty on behalf of
their respecti.e go.ernments on the dates appearing
opposite their signatures.
RESER4AT&)% )* +)%-$RAS
The delegation of =onduras, in signing the present treaty
and in connection with Article >, "ection $b+ does so with
the reser.ation that the boundary between =onduras and
icaragua is definitely demarcated by the 3oint !oundary
Commission of (>FF and (>F(, starting from a point in the
5ulf of Bonsca, in the 1acific #cean, to 1ortillo de
Teotecacinte and from this point to the Atlantic, by the line
that =is Ma-esty, the Hing of "pain,s arbitral award
established on 4ecember 'C, (>F@.
*ootnotes
$(+A Ecuador and icaragua, by reason of e.ents within
their 5o.ernments during the Conference at 2uitindinia,
did not sign on "eptember '. 1ro.ision was made for their
adherence to the Treaty later, which is e8pected. They also
are Members of The /nited ations. !ecause of its
membership of the /nited ations, signed at Rio de 3aneiro
on "eptember ' the treaty which is an outstanding
demonstration of what law0abiding nations of good0will
can do, within the framewor& of the /nited ations Charter
and to effectuate its purposes. $'+
$'+A In his -oint broadcast with "enator Gandenberg on
"eptember ?, "ecretary of "tate Marshall said, in partA
9The results of the conference demonstrate I
thin& beyond doubt that where nations are
sincerely desirous of promoting the peace
and well0being of the world it can be done,
and it can be done without frustrating delays
and without much of confusing and
disturbing propaganda that has attended our
efforts of the past two years.9
Chairman Gandenberg of the "enate Committee on Boreign
Relations, in his broadcast with "ecretary Marshall on
"eptember ?, said, significantly, as to the agreed0on
omission of 9a paralyzing .eto9 from this Treaty under the
CharterA
9De ha.e re0&nit the effecti.e solidarity of
orth, Central and "outh America against
all aggressors, foreign or domestic. De ha.e
sealed a pact of peace which possesses teeth.
.e have not eserte or impaire one
sylla"le of o!r over riing o"ligations to
the $nite %ations5
9This pact is not a substitute for the /nited
ations. It is a supplement to the /nited
ations and part of its machinery. The
signers of this treaty ha.e fulfilled the
/nited ations Charter by creating what is
officially called 9a regional arrangement9
which adds new and effecti.e obligations
and protections for peace and security within
the area of our Destern =emisphere.
9In all but the latter0namely, the use of
armed forces0all treaty states will be bound
by a two0thirds .ote. And, my friends, this
,is a tremendous statementA There is no
paralyzing .eto upon any of these peaceful
sanctions. #ne recalcitrant nation0one non0
cooperator0 cannot nullify the loyalties of
the others. It cannot e.en stop the others
from using collecti.e force.9
$C+A In conformance to the rules of the =ouse and in order
that members of the =ouse may ha.e before them a specific
demonstration of what has been pursuant to the Charter of
the /nited ations, the Inter0American Treaty of
Reciprocal Assistance is appended to this report, in the
form published in the ew %or& Times for August C(. It
was also printed in full at page (F:) of the #ctober $(>?*+
issue of the AMERICA !AR 3#/RA<.
$?+A "ee A.!.A.3. )C(, )C' $August (>?*F for the
recommended pro.ision, held in March through May. CC
A.!.A.3. :@' $(>?*+
$:+A To date nineteen 9.etoes9 ha.e been interposed by the
"o.iet /nion singly; one by the "o.iet and Brance together;
and one by Brance alone.
$@+A =amilton Bish Armstrong, Editor of Boreign Affairs
and Ad.iser to the /.". 4elegation in "an Brancisco, wrote
in the ew %or& Times Magazine on "eptember (? thatA
It was seen at %alta that the "o.iet /nion
already wished to restrict the positi.e
functions of /. . In maintaining peace. !ut
the real e.idence can came at "an Brancisco
the e.ening of 3une (, (>?:, when there fell
a "o.iet bombshell in the form of a demand
that the .eto be applicable at the .ery start
of the "ecurity Council procedure for
settling disputes. #n instructions from
Moscow, Andri 5romy&o demanded that the
"ecurity Council should be depri.ed of the
right e.en to discuss and consider a
complaint from an aggrie.ed or threatened
state without the unanimous agreement of all
fi.e permanent members. This radical
modification of the %alta understanding was
re-ected by "ecretary of "tate "tettinius. =e
won his point, howe.er, only after ma&ing a
blunt statement to Marshal "talin. $through
=arry =op&ins, who happened to be in
Moscow at the moment+ that continued
insistence by the "o.iet on its interpretation
would disrupt the conference.
The American delegation tried further to
turn the tide against broadening the use of
the .eto by inserting into a -oint
interpretati.e statement issued by the 9!ig
Bi.e9 on 3une ) a sentence to the effect that
they were not e8pected to use their .eto
power willfully to obstruct the operation of
the Council.
<i&e their !ritish and Brench colleagues, the
Americans $including "enators of both
parties+ felt that the 5reat 1owers which
were to bear the ma-or responsibility for
gi.ing effect to any "ecurity Council
decision, especia((y one in.ol.ing military
operations, must ha.e the .eto as protection
against possible irresponsible action by the
smaller states.
!ut the American conception of the .eto
was that it would be used for ma-or purposes
alone; and the American delegation hoped
that the sentence 7uoted abo.e, accepted by
the "o.iet /nion a(ong with the other 5reat
1owers, would lessen the li&elihood of the
.eto,s being used to obtain tactical
ad.antages or bloc& ordinary decisions of
the Council ma-ority.
In practice, howe.er, the .eto has not been
used in accordance with that interpretation.
The result has been that, whether by
9willful9 design or not, the operation of the
"ecurity Council has certainly been
9obstructed.9
$*+A "ee 9If Two Dorlds Dhat Can /nited ations 4o for
Ma-ority ActionE9 A/5/"T 3#/RA<, A.!.A.3. *:@0
*:>. "ee, also, the Report of Commission I, adopted by the
"an Brancisco Conference; 7uoted in CC A3!.A.3. *:).,
$)+A Radio "tatement by "ecretary of "tate Marshall on
"eptember (?.
$>+A "ecretary Marshall said on "eptember (? that 9Dithin a
few days time the /nited "tates 4elegation will be ma&ing
a number of proposals to the 5eneral Assembly which we
belie.e will help to resol.e some of the issues which are
now disturbing good relations among nations. %ou will
appreciate that presentation of these proposals must await
the meeting of the Assembly.9
$(F+A #n August '*, the "ecurity Council too& up a re7uest
by the 5eneral Assembly last 4ecember that something be
done about the 9.eto9 power. After stormy debate, a se.en0
nation .ote referred the matter to the Council,s Committee
of E8perts. The /nited "tates representati.e. =erschel G.
3ohnson, submitted a ('FF word memorandum0which he
repeatedly characterized as in no sense a 9proposal90
outlining the substance of three possible rules of
9procedure9 for the Council, to detail 7uestions agreed on
as not sub-ect to 9.eto9 and to confirm the understanding
already accepted without written sanction that abstention
from .oting, by one of the fi.e principal powers, does not
constitute a 9.eto.9 The American 4elegate,s proposals thus
related to matters on which he urged that the way could be
cleared for ma-ority action without amending the Charter;
they did not propose amendments to co.er actions such as
those which, under the Treaty of Rio de 3aneiro, could be
carried by a two0thirds .ote. In summary, the American
4elegate,s proposals of August '* wereA
(. 91rocedural9 matters0 therefore not
sub-ect to 9.eto90would be listed as those
dealing with meetings, the call for a
Conference to amend the Charter under
Article (F>, determination of the agenda,
credentials, Council presidency, filings and
order of .ote, in.itations to states to
participate in discussions, re7uests to
indi.iduals for information, procedures on
membership applications, relations with
other organs of the /nited ations, elections
to the international Court of 3ustice, opening
of the Court to non0members of the /nited
ations, Council re7uests for ad.isory
opinions by the court and the creation of
subsidiary organs. At the end was an
omnibus item to deem procedural 9all other
decisions of the "ecurity Council not
in.ol.ing its ta&ing direct measures in
connection with settlement of disputes,
ad-ustments of situations li&ely to lead to
disputes, determination of threats to peace,
remo.al of threats to the peace; and
suppression of breaches of the peace.9
'. 1arties to a dispute would be barred from
.ote on peaceful settlements, and so would
9a party in.ol.ed in a situation.9 Any
di.ision on defining such a party would be
decided by any se.en .otes.
C. Any member may abstain from any
decision. If a permanent member abstains
from a substanti.e .ote, the decision 9shall
be made by an affirmati.e .ote of se.en
members including the affirmati.e .otes of
the permanent member not abstaining.9
$((+A Mr. 5romy&o of the "o.iet /nion declared that the
American proposals 9 at a glance appear directed toward a
re.ision of important pro.isions of the Charter.9 Any such
attempt to re.ise the Charter, particularly as to the .oting
rights, he said was 9doomed to failure.9 9<et us not remain
in the clouds; let us come bac& to earth,9 he was 7uoted as
declaring $ew %or& Times, August '), (>?*+. #n last
4ecember (C, when only eight .etoes had been interposed
$four of them as to the "panish case+ thirty0si8 Member
ations .oted an appeal to the fi.e principal powers to
consult with each other as to the 9.eto.9 This consultation
has not ta&en place. An e8amination has indicated that Mr.
3ohnson,s suggestions, if adopted in full, would not ha.e
barred any .eto that has been interposed to date.
=amilton Bish Armstrong, Editor of Boreign Affairs and
ad.iser to the /. ". delegation in "an Brancisco, has written
$ew %or& Times Magazine for "eptember (?, (>?*+A
9!ut there is nothing in either the letter or
spirit of the Charter to forbid members of
the /nited ations from agreeing, among
themsel.es, in more e8plicit terms than
those used in the Charter, to carry out the
organization,s principles and purposes, by
more efficient methods than those that the
Charter itself pro.ides. Indeed, Article :( of
the Charter e8pressly reser.es to members
the inherent right of indi.idual or collecti.e
self0defense in the e.ent of armed attac&
against a member.9
9In ma&ing preparations to do this they
would not be planning anything which they
said they would not do; they would be
planning only what they had said they might
ha.e to do, and arranging to do it in spite of
difficulties and dangers which they had
hoped would not arise.9
9The /nited "tates 5o.ernment has
announced its willingness to relin7uish the
right to .eto collecti.e action against a
nation .iolating the pro-ected atomic energy
controls. Is it now willing to modify its right
to .eto collecti.e action against a member of
the /nited ations that ma&es an armed
attac& against another memberE9
9If so, it might propose that a group of
/nited ations members enter into a brief
supplementary agreement 000a sort of
protocol, or 9optional clause,9 open to all0000
binding themsel.es to carry out the Charter
obligation to resist armed attac&.9
,This agreement would come into operation
if two0thirds of the signatories decided that
collecti.e action had become necessary
under the Charter and if the "ecurity
Council failed to act. The two0thirds
ma-ority is the same as that re7uired under
the Rio treaty for hemispheric action.9
9Incidentally, we ha.e a sort of precedent
for the suggested procedure in what
happened in Bebruary, (>?@, when se.en
members of the "ecurity Council .oted to
permit direct negotiations on the part of
!ritain and Brance with "yria and <ebanon
for the withdrawal of Anglo0Brench troops.
Russia .etoed the proposal. !ut !ritain and
Brance ne.ertheless complied with the will
of the ma-ority of their colleagues.9
$('+A "eeA 9International Trade #rganizationA 4oes Its
Charter #ffer =ope, Illusion or MenaceE9 !y !en-amin
Dham, Chairman of the Association,s Committee on
Commerce $3une 3ournal; CC A.!.A.3. :>>+.
$(C+A "enator Gandenberg said, on "eptember ?, in his -oint
broadcast with "ecretary of "tate MarshallA
9I am glad to cooperate again with "ecretary
of "tate Marshall on this radio program as I
did at the recent historic Inter0American
Conference at Rio de 3aneiro, which has -ust
terminated its labor. Dithout thought of
partisan politics, Republicans and
4emocrats upon the delegation of the /nited
"tates wor&ed in unison, under "ecretary
Marshall,s wise leadership, for the
indispensable cause of international peace
and security. De practiced the unity we
preached. As a result, we got the unity we
sought. I pay my warmest respects to all of
my colleagues on our delegation.9
$(?+A "enator Gandenberg said, in part, on "eptember ?A
9!ut that is not all. The framers of this treaty
were not satisfied to rest content with
mutual and cooperati.e protection against
armed attac& at our 9regional9 gates. They
too& the broader .iew, consistent with bitter
history and repeated e8perience, that an
aggression far beyond our 9region9 e.en on
other continents 000may potentially threaten
our own 9regional9 peace.9
9They lifted their sights to the horizons of
the earth. They meant what they said in that
fundamental obligation which I 7uoted000
namely, that any armed attac& against an
American state shall be considered as an
attac& against all of them; and they
proceeded to spell it out.9
9They said that000and I am 7uoting from the
new treaty0they said that ,if the in.iolability
or the integrity or the so.ereignty or the
independence of any American state should
be affected by an aggression, e.en though it
not be an armed attac&, or if it should be
affected by an intra0continental or e8tra0
continental conflict, or by any other fact or
situation that might endanger the peace of
America, they will consult immediately in
respect to common action.9
9This is all0inclusi.e. There could not be
more complete comprehension.9
9I may say, in passing, that the delegation of
the /nited "tates was particularly earnest in
urging this idea, that crimes against peace
and -ustices cannot be confined within
latitudes and longitudes. De were an8ious
that the creation of our 9region9 should
imply no lac& of interest in world peace
outside the 9region,9 or condone war0crimes
against humanity where.er they occur.9
$(:+A "ee the letter of Andrei A. 5romy&o, representati.e of
the "o.iet /nion, to "ir Ale8ander Cadogan, !ritish
delegate, on "eptember : $ew %or& Times, "eptember
:,(>?*+.