following the Montevideo Conference, none had been ratified by all the American republics. A list of the countries which were parties to the five peace treaties as of December 1, 1936, appears as appendix 26 (p. 208).

CONVENTION FOR THE MAINTENANCE, PRESERVATION AND ReestablishMENT OF PEACE

One of the most important instruments approved by Committee I was the Convention for the Maintenance, Preservation and Reestablishment of Peace, which was signed by delegates of each of the twenty-one American governments. The text of this convention appears as appendix 15 of this report (p. 116). This convention was introduced as a joint project signed by the chairmen of the delegations of all twenty-one governments. This is a particularly important instrument, since it touches on the national security of each American republic and makes that problem a matter of common interest to each and every one.

Cognizant of the fervent desire of the American peoples to maintain peace on the Western Hemisphere, the delegates established in contractual form the obligation to consult together for the purpose of finding and adopting methods of peaceful cooperation. This convention provides for consultation and collaboration of the twentyone American nations in the event of:

A. Menace to the peace of the American republics from any

source;

B. Menace to peace on the continent in the event of war, or a virtual state of war, between American states; and

C. Menace from an international war outside of America which might threaten the peace of the American republics.

This convention furnishes an important link and gives continuity to the principal treaties which provide the machinery for the maintenance of peace throughout the Americas. It provides for cooperative and friendly consultation among the nations of this hemisphere whenever peace is threatened. The nations, through consultation, will seek to determine the proper time and manner in which the signatory states may eventually cooperate in some action tending to preserve the peace of the American continent in any situation that may arise. In the opinion of many this instrument represents the strongest assurance of peace which this continent has ever had.

A flexible system of consultation, supported by the good-will and confidence now existing among the American republics, makes it possible for the governments to reach agreements concerning common action in meeting situations which involve any threat to peace. The American republics recognize their collective concern and their com

mon interest in the safety of each and all of the American republics if peace should be threatened or endangered. Although there is no definite commitment as to the action to be taken, the obligation to consult is an important step in perfecting the existing procedure. In addition, this obligation implies the existence of a collective responsibility to find and adopt a method of peaceful collaboration.

This convention further provides that any American government has the right to bring about consultation between all the American governments whenever there is any threat to the peace of the Americas, however remote that threat may be. It is clear that whenever a request is made for consultation and whenever that consultation is undertaken the force of public opinion of the twenty-one republics will be given an opportunity to rally in support of a peaceful solution of the difficulty. The convention therefore provides a means for the mobilization of public opinion on behalf of pacific settlement of disputes.

Secretary Hull in commenting on this at the closing session of the Conference said (appendix 11, p. 94):

In a broad way the program contemplates the mobilization of the public opinion of all the peoples of this hemisphere in the effort to bring their combined moral influence to bear upon the solution of controversies, upon the defense of their common interest in the peace of the continent, and upon the maintenance of the fundamental principles of international law upon which the stability of the international order is dependent. We believe this public opinion to be more than a passive element in the life of our peoples; we believe it to be a powerful force which must be brought to bear upon our common problems and which can give vitality and effectiveness to the efforts we are making for their solution.

It is generally agreed that loyal and universal adherence by all the twenty-one governments to the five peace treaties which were in existence prior to December 1936 and to the instruments adopted at the Buenos Aires Conference, should assure the maintenance of peace in the American republics.

DECLARATION OF PRINCIPLES OF INTER-AMERICAN SOLIDARITY AND

CO-OPERATION

Should any doubt be entertained regarding the emphasis and importance which the delegations at Buenos Aires attached to the need of some agreement such as the above convention, especially as regards those features of it defining a common purpose if any nonAmerican power offers a threat to the peace of this continent, such proof is furnished in the Declaration of Principles of Inter-American Solidarity and Co-operation (XXVII, appendix 53, p. 227), which was introduced by the Central American delegations. This declaration represents a real desire of the delegates to serve notice that an attack from abroad would find the nations of this hemisphere united. It

concentrates the principle of American solidarity in all non-continental conflicts.

The American governments solemnly declare "their unqualified respect for their respective sovereignties and the existence of a common democracy throughout America", and also that "every act susceptible of disturbing the peace of America affects each and every one of them". They declare that such action justifies consultation as provided for in the Convention for the Maintenance, Preservation and Reestablishment of Peace.

They accept the principle that no acquisition of territory by means of force shall be recognized among them, and they restate the principle of non-intervention in the external or internal affairs of another state.

This declaration of principles defines more definitely than any other instrument "American solidarity in all non-continental conflicts" and prescribes the collective concern of all the American nations in the event of an act "susceptible of disturbing the peace of America".

ADDITIONAL PROTOCOL RELATIVE TO NON-INTERVENTION

Closely associated with the Convention for the Maintenance, Preservation and Reestablishment of Peace is the Additional Protocol Relative to Non-Intervention (appendix 16, p. 124). The two instruments were negotiated and presented to the Conference simultaneously as joint proposals. The additional protocol reaffirms the principle approved at the Montevideo Conference in 1933 and embodied in the Convention on Rights and Duties of States which was adopted at that Conference. Article 8 of the Convention on Rights and Duties of States provides that:

No state has the right to intervene in the internal or external affairs of another. The United States of America had already ratified that convention. The Convention for the Maintenance, Preservation and Reestablishment of Peace and the Additional Protocol Relative to Non-Intervention, which were adopted at the Buenos Aires Conference, have in common the idea of consultation, the new principle incorporated into the inter-American peace machinery. The additional protocol declares "inadmissible" the intervention of any one of the contracting parties in the internal or external affairs of any other and provides that the violation of this provision shall give rise to mutual consultation with the object of exchanging views and seeking methods of a peaceful adjustment. The protocol makes it clear that intervention may constitute a threat to the peace of the continent, and a method is accordingly provided for taking up in an orderly manner difficulties which previously might have led to intervention. The additional protocol, therefore, establishes collective responsibility for all the

contracting parties to find a peaceful solution for the situation created by the "intervention of any one of them, directly or indirectly, and for whatever reason, in the internal or external affairs of any other of the Parties".

TREATY ON THE PREVENTION OF CONTROVERSIES

Two treaties, namely, the Treaty on the Prevention of Controversies and the Inter-American Treaty on Good Offices and Mediation, also were signed at the Conference. These are intended to further supplement the reinforcement of existing inter-American peace machinery. The Treaty on the Prevention of Controversies (appendix 18, p. 143) provides for the establishment of permanent bilateral mixed commissions with the primary objective of eliminating, so far as possible, the causes of future difficulties and controversies. These commissions are also to propose measures for the regular application of treaties as well as for the promotion and development of good relations between the countries. This idea of bilateral mixed commissions is similar to the arrangement between the United States of America and Canada which has worked so well for a number of years.

The treaty provides that the preventive commissions shall be bilateral, shall be composed of representatives of the signatory governments, and shall be set up upon the request of any signatory party.

The purpose of the commissions is preventative, and in this respect they differ from the conciliation commissions for which provision is made in previous inter-American treaties. The functions of these bilateral commissions are to study continuously relations between the two countries represented and to report and present recommendations regarding problems which might affect the relations between them. Such commissions are to study not only "causes of future difficulties or controversies" but are to propose measures to assure the due and regular application of treaties in force between the parties. This convention, if ratified and applied, might well become one of the most effective contributions to American peace machinery.

INTER-AMERICAN TREATY ON GOOD OFFICES AND MEDIATION

The Inter-American Treaty on Good Offices and Mediation (appendix 19, p. 151) provides for the creation of a permanent panel of eminent citizens to whom the parties to a controversy may have recourse for the exercise of good offices and mediation. The panel is to be prepared by the Pan American Union and is to consist of the names of two citizens from each country to be designated by the respective governments at the time of ratification. In the event that mediation is desired, the provisions of the treaty furnish a means of securing rapidly a board of mediation or conciliation after a controversy arises.

Article III of the treaty provides that in the event of a controversy the parties, by common agreement, may select one member of the

panel to serve as mediator. Provision is also made for procedure in case the parties are unable to agree upon one person. why

Article IV provides that the mediator shall set a time not more than six months nor less than three months in which settlement shall be reached. In case a settlement is not reached within that time the parties then agree to submit the controversy to the procedure of conciliation provided in the already-existing inter-American agreements. This treaty provides a more elastic procedure for mediation and good offices than that of commissions of inquiry and conciliation, for which provision is made in other inter-American instruments.

INTER-AMERICAN COURT OF INTERNATIONAL JUSTICE

Several governments had requested the consideration of the subject relating to the establishment of an inter-American court of international justice. Projects were submitted and considerable discussion was held concerning this subject, but no definite agreement was reached with regard to the matter. The Conference adopted resolution IV (appendix 30, p. 210), referring the matter to the Governing Board of the Pan American Union for its consideration. The Governing Board was requested to submit its report and conclusions for the consideration of the Eighth International Conference of American States.

CREATION OF A LEAGUE OF AMERICAN NATIONS

Several projects relating to the creation of an American League of Nations were presented to the Conference. None of the projects, however, were approved by the Conference, and the Conference adopted a resolution to the effect that such a complicated and important subject requires thorough study upon the part of each and all of the American governments and that therefore the topic was not sufficiently ripe for its immediate consideration. The Conference therefore adopted a resolution providing that the topic relative to the creation of a league or association of American nations be included in the program of the Eighth International Conference of American States. It was recommended that the states which had presented projects on this topic come to an agreement among themselves and consult with the other states in order to present a report to the Pan American Union (appendix 36, p. 214).

PROJECTS REFERRED TO Committee of EXPERTS ON CODIFICATION OF INTERNATIONAL LAW

The Seventh International Conference of American States, which met in Montevideo in 1933, provided for the establishment of a committee of experts on the codification of international law. This committee of seven experts has already been established by the Governing Board of the Pan American Union. The Conference referred to this committee the Mexican project on the code of peace (resolution