Evening star., 1934-03-04
BY GASTON NERVAL.

u later cOnlerenccS-lS the mOSC
complete instrument Of its
kind ever drafted in the Western
Hemisphere. 1t is SO not merely be-
cause of the general principles en-
bodied in its first three sections
outlawry Of war, definition Of an ag-
gressor, non-forcible collection of
debts, non-recognition of territorial
gains by force, application of judicial
and economic sanctions, obligatory ar
bitration-which have been discussed
in previous articles.
It is the most complete one, because
it provides the only co-ordinated and
effective machinery which has yet
been advanced for the enforcement Of
those general principles.
Enforcement Essential.
Condemnations Of violence, indorse-
ments Of diplomacy and arbitration,
beautifully phrased declarations up
holding the methods of peace over
those of war, are all very we'll, but
experience has taught us the bitter
lesson that they amount to little un-
less the will to carry them out trans
lates itself in some practical means
to enforce them. The principles of
peace have been advanced and in
dorsed, time and again, by nearly
every civilized nation on earth. In
recent years they have been restated
with unusual emphasis. But, time
tual emergency, they have been set
aside by statesmen who had little diff
flculty in finding way around them.
This has happened with such fire.
quency in the past that any new in
strument devised to preserve interna-
tional peace must provide the ma
chinery Of enforcement if it aspires to
be taken seriously at all. And this,
the Mexican peace code does par
ticularly well. BY combining salient
features Of the Gondra convention,
the Bryan treaties, the Washington
conciliation and arbitration treaties
of 1928, the League of Nations
covenant, the Kellogg pact, the Ar
gentine anti-war pact, the Scott draft
for an tnter-American tribunal of
justice, etc., it offers a practical and
well co-ordinated machinery for the
maintenance Of peace in the American
continent.
Three Divisions.
Such q machinery is divided In
three parts: A Permanent Concilia-
tion Commission, a General Treaty
of Obligatory Arbitration and an
Inter-American Court of International
Justice.
The Cancellation Commission differs
from others Of its kind, suggested OF
| actually established in the past, in
| one all-important respect: 1t is a
permanent commission, not one hur-
riedly set up when conflict has
already started and aroused nationa
emotions make difficult its task. Thi.
Cancellation Commission would be ap-
pointed by a pan-American confer
ence from q list of names submitted
by the various American Govern.
ments, one for each country. Through
permanent delegation" made uI
| Of its president, its vice president anc
three members, 1t would be available
| at all times. 1t would be ready Il
act in the emergency of "any con-
troversy of whatever nature which fol
whatever reason had arisen" between
the parties and which could not have
been settled by direct diplomatic
negotiations.
Check to Hostilities.
Another interesting feature Of the
commission proposed Is that its con-
ciliatory efforts would be started not
only when one Of the parties to ar
international dispute may require il
50, but whenever the commission it.
self considered that such q dispute
endangered the peace of the continent
Thus, at the very initiation Of con-
troversy, the commission, without los:
| Of time and without waiting for tht
] outbreak Of military hostilities, coulc
step in and exercise its good Office.
to bring about peaceful settlement.
The moment the conciliation ma
chinery were thus set in motion, tht
| parties to the conflict would b,
bound to prevent any military clashe
and cooperate with the commission
in the study of the causes and possible
solutions Of their differences. Within
the space Of six months the commits
sion would issue its report, outlining
the results of its investigations anc
suggesting the bases for a friendl!
adjustment. The disputing countries
| would have six months in which Il
consider these bases If accepted
most likely they would be, considering
the impartial character of the com
| mission and the whole year tina
would have elapsed-the controvers!
would end there. If one Of the partie.
refused to accept them, the matte
would automatically call to action tht
machinery for arbitration.
Must Submit to Arbitration.
Under the Mexican peace code, th'
American Governments would b
obliged to submit to arbitration al
their differences Of an internationa
nature which were not susceptible
of q diplomatic settlement. This
pledge does not allow the usual ex'
ceptions Of matters affecting The
national honor" or concerning con.
stitutiona provisions which hav'
so often defeated the very purpose
of arbitration agreements. It doe:
make one exception of "controversie.
falling within the domestic juris-
diction of one of the parties" but
lit Immediately adds which are moi
ruled by international law" Thi.
makes clear that the reservation
should not be used to escape arbi
tration, but simply to prevent out.
side interference with purely domes
tic questions.
The perennial problem Of desig.
mating the arbitral tribunal in cas-
of disagreement Of the parties i,
| taken care Of by providing that eacf
party would name two arbiters, on.
of which may be of its nationality
| The four arbiters thus chosen woulc
select q fifth member who woulc
! also be the chairman of the tribunal
Tribunal Would Act.
To eliminate further difficulties
which experience has disclosed, thu
Mexican plan provides that, If II
the interim Of three months from
the establishment of the arbitra
| tribunal the parties have been I'm.