Evening star., 1934-02-11
PAN.AMERICAN PARLEY
RESULTS BOLSTER PEACE
Territory of States Held Inviolate and
Not Object of Military
Occupations.

ordination OF the problems ph44n
most often appear In inter American
relations to the principles and rules Of
law and diplomacy. Among It's pro-
visions are several which sanction the
equality Of states and uphold the
sovereignty of small countries, two Of
the cornerstones of international law
which have repeatedly been over
looked in the relations Of the Ameri-
can republics.
In doing so. in formally recog-
nizing these rights of the smaller as
we'll as the stronger members Of the
American community Of nations. the
signatory governments are setting
them as norrns for their own con-
duct in the future. They are sane
tioning as concrete standards OF in
ternational moral principles which
until now have been generally advo-
Gated by individuals but disregarded
by governments. Implicitly - and
this Is the main thing - they are
promising to abide by them in the
future.
In glancing through the high
lights of the Montevideo Convention,
the person familiar with the history
of inter-American relations can cas-
lily recall situations in the past which
they are intended to avoid in the
future and which have undoubtedly
inspired them.
Article provides that "the politi-
cal existence Of the state is independ-
ent Of the recognition of the other
states" Even before recognition, the
state has right to defend its ter
ritorial integrity and independence,
provide for its preservation and pros
perity, and to organize as 1t believes
best, to legislate regarding its inter
ests and to determine the jurisdic-
ton and competence of its courts.
JuridicaIly Equal.
Article proclaims that the states
are juridically equal, enjoy the same
rights and have the same capacity
for exercising them THE rights of
each one do not depend on the
power possessed to insure the exer-
else of those rights, but upon the
simple fact Of its existence as an
entity in international law"
Article 8. the most significant of
all, categorically establishes that mo
state has the right 10 intervene in
the internal or external affairs of
another" This declaration. as will
be remembered, has been for many
years a bone of contention in CONT
mental gatherings, and was on the
verge Of wrecking a previous Pan
American Conference, the United
States contending that it was entirely
too broad and imperiled its rights of
protection of nationals in foreign
countries.
Article tends to avoid the prob
lem arising out Of such protection by
| announcing that the Jurisdiction of
the states applies to all the inhabi-
tants within the limits Of the ma
tional territory. Nationals and for
eigners. it says, are under the same
protection of the national legislation
and authorities, and foreigners may
not claim other or more extensive
rights than nationals.
Reputation of Force.
Article II is a formal repudiatic-.
of force as a means of international
policy. And it is more than a mere
declaration in this sense, for it specifi-
cally consecrates the express obli-
gat.Hn not to recognize territorial
acquisitions or special advantages
realized by force" Furthermore, it
adds that this applies whether force
consists in the use of arms. in threat
ening diplomatic representations or
in other means of effecting CON-
pulsion.
the convention concludes with th.s
unequivocal statement: The terri
tory of the states is inviolate and
may not be the object of military oc-
cupations or of other measures of
force imposed by other states, either
directly or indirectly. or for any
motive, or even Of temporary ma
ture."
Naturally. no one can be expected
/ to believe that the Montevideo draft
convention has solved the problem
But the formal recognition Of these
fundamental principles is there,
nevertheless. for the first time, in
dorsed by the signature of delegates
from 20 American republics. And, al
I though the danger has not disap-
peared completely that these princi-
, piles may perhaps be set aside in the
future by the stronger powers, they
/ no longer will be able to cover their
tranSgreSsions with appearances Of
law. If they do it, 1t will be in vio-
lation of their own pledges and at
the expense of their national prestige.
Which is another way Of saying that
they will be much less prone to do it.
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