Evening star., 1928-11-25
PAN.AMERICAN PARLEY
TOFURTHER ARBITRATION
Already Nations Have Taken Long
Strides in Preventing War With
Friendly Treaties.
BY GASTON NERvAL.
Authority on Latin American Affairs.


"A ism will have been accom-
4 \ plished when the delegates Of
81 Latin American republics
meet in conference in the Nations
Capital during the early part of next
month to study and discuss the subjects
of conciliation and arbitration, which
today have such an indisputable bear
ing in the friendly relations of these
republics.
of a resolution adopted by the Sixth
Pan-American Conference held in Ha-
Vana during January and February
last. Already in 1927 commission OF
jurists in Rio de Janeiro had formu-
lated a project on arbitration, but it
was at the Havana conference that
this project was formally adopted
which in substance provides for the
submission to arbitration of all existing
disputes between the American states,
save those that involve menace to the
independence of or violate the sovereign
rights of any one of them.
What Is Ahead of Conference.
The principal labors of the confer
Ace about to convene will consist in
@3ermining these exceptions and in
@Adying and discussing at large the
@6Snciple of arbitration.
Thus reads the resolution adopted in
avana
"The Sixth International Conference
ef American States, Resolves:
whereas. the American republics
desire to express that they condemn
war as an instrument of nationel policy
ia their mutual relations: and,
whereas, the American republics
have the most fervent desire to con-
tribute in every possible manner to the
development of international means for
fhe peaceful settlement of conflicts be-
tween states;
u. That the American republics
adopt obligatory arbitration as the
1Aeans which they will employ for the
Neaceful solution of their international
differences of juridical character.
20. That the American republics will
meet In Washington. within the period
of one year in conference of concilia-
ton and arbitration to give conven-
tienal form to the realization of this
principle, with the minimum excep-
tions which they may consider indis-
pensabie to safeguard the independence
end sovereignty of the states, as well as
matters of domestic concern, and to the
exclusion also of matter involving the
interest or referring to the action of a
state not party to the convention.
IS. That the governments of the
American republics will send to this end
plenipotentiary jurisconsults, with in
structions regarding the maximum and
the minimum which they would accept
in the extension of obligatory arbitral
jurisdiction.
"a That the convention or conven-
tions of conciliation and arbitration
which may be concluded should leave
open a protocol for progressive arbitra-
ton which would permit the develop
n1ent of this benefcent institution up
TO its maximum.
IS. That the convention or conven-
tons which may be agreed upon, after
ateIy to the respective governments for
their ratification in the shortest possible
time
Arbitration Long Liked.
On the eve of this conference it will
Be interesting to turn back few pages
0f the history of the Latin American
countries concerning arbitration. The
question of arbitration has been the
subject of warmer reception in Latin
America than in any other part of the
world. A study of the international re-
lations of the countries south of the Rio
Grande, of the treaties which have been
concluded and of what has been accom-
plished SO far by the previous pam
American conferences in that respect
viii prove without doubt the truth of
this assertion
When the Latin American countries
were born to life of independence the
ambiguous and uncertain titles which
they inherited from Spain gave rise to
1lch a series of controversies over
boundary lines that even the necessity
for peaceful means to settle these dis
putes was felt. Not one of the repub-
lies which grew out of the war of in
dependence had its boundary lines
clearly surveyed nor did it possess a
sufficiently sound title to define them.
All the newborn republics were seri-
ously hampered by duplicate documents
and by the uncertain, erroneous and
false titles that were conveyed, due in
part to the carelessness and indiffer-
ence which were characteristic of the
colonial regime of Spain in America
end also to the rudimentary knowledge
Of the geographical confines of that re-
gier when the various viceroyships were
established, who were to become later
on the sovereign states of South Amer
ica.
The Spanish American republics, be-
cause of this ambiguity of territorial
titles, found themselves from the very
first day confronted with delicate con-
lIObGISlcD ulfOlfulS 1QlCo
which even today, after century since
their liberation from Spain, hinder and
menace the peace of the continent. It
was no more than natural, therefore
that arbitration should find such q
warm reception in those countries, who
are indeed in need of it.
The Congress of Panama, which was
convened by Simon Bolivar, the Liber-
ator and is remembered as the first in
ternational meeting in, this continent
had for a purpose the discussion of the
principles of arbitration and concilia
ton, although no satisfactory result was
attained Later on the two congresses
of Lima, the one of l848 as we'll as that
of 1854, again considered this subject
revealing to the Southern countries al
the time the theory and far-reachine
moral effects of those principles.
Conference of 1889.
The first Pan-American Conference
celebrated in Washington in the veal
1889 under the auspices of the United
States, resolved that arbitration was q
principle of American international law
On that occasion there was approved q
draft of arbitration covering all existing
disputes over consular and diplomatic
irnnaunities, boundary lines, indemn1.
ties, freedom of navigation, irterpreta.
tton and execution OF CreatleS ana II
general all other controversies, regard
less of their origin, nature or object
with the sole exception of those which
in the judgment of one of the states af.
fected, would compromise its independ
ence. A resolution was also adopted al
the time recommending arbitration II
the European countries. This first anc
important draft of arbitration was en-
Enthusiastically acknowledged by tht
United States, but unfortunately it hac
tn be abandoned because of the grea
resistance and opposition which 1t founC
in several of the Latin American repub