Evening star., 1945-03-25
Atlantic Charter Principles Vital
Parallel Drawn Evolution Accomplishments Doctrine

the political hegemony of the Holy Al
lance. As a result of the Holy Alliance
of September 26, 1915, and the subse-
quent conference of Aix-la- Chapelle,
Troppau and Laybach, the Allied powers
of Europe had not only declared them
selves possessed of the right to- over
throw governments founded on revolu-
tion, but had also proceeded to act
upon that principle.
Contains Hope for World.
1t is commonly accepted view that
the Monroe Doctrine has behind it a
sound principle and that the subsequent
conduct OF the United States was emf
nently successful in assuring the peace
ful developments of the American States
in the Western Hemisphere throughout
the war-troubled 18th century. It Is
important to note that the Atlantic
Charter, which is based on this same
principle, now made worldwide in its
application, is also an international
document resulting most essentially from
traditional American policy. It's inte-
grail application would tend to make the
world benefit by the same peaceful de-
velopment.
II, therefore, We agree to the fact
that the Atlantic Charter is not an in
ternational treaty in the strict meaning
of the word, we can, however, state
that it is more than a political declara-
tion. Both in its provisions and in its
legal scope it occupies position closely
approaching that of the Monroe Doc
tr1ne and, on account of its wider scope
and OF its permanence, it may be called
upon to play in relation to the entire
world as important role as that which
the Monroe Doctrine has played In re-
lation to the Western Hemisphere.
The interpreters of the Atlantic Char
ter appear frequently to forget that
Article II Of this document, which says:
They desire to see no territorial
changes that do not accord with the
freely expressed wishes of the peoples
concerned"-condemns not merely pos
isble conquests of the future, but pri-
marily all conquests achieved via facti"
In Europe before the Atlantic meeting of
President Roosevelt and Prime Minister
Churchill on August s, 1941. If this
were not the case, 1t could not be sp-
piled to Hitler's conquests. 1t consti-
tutes an acknowledgment and a re-
minder of the legal and customary in
ternational law binding civilized nations
which has been violated by the war, but
which In spite of that still exists and
needs to be redressed. Therefore. the
principle lex retro non agit" may not
be invoked by nations signatories of the
Atlantic Charter to justify illegal acts
previously committed by them.
An agreement sanctioning the in
corporation or seizure by force or by
other illegal means by any power of the
territories of another Is by the common
consensus of experts on international
law, Illegal and void because agreements
concluded for the purpose of the per-
formance of acts acknowledged to be
lawless and contemptuous of funda-
mental principles of justice, are inter-
nationally Illegal Hall Higgins states
that "a treaty is not binding which has
for its object the subjugation or parti-
tion of country, unless the existence Of
the latter is wholly Incompatible with
the general security" This opinion is
supported by Fauchille and Oppenheim.
Stimson Note Quoted.
The precisely wordeo passages Of
Secretary of State Stimson,s famous
note on Manchuria to the imperial
government of Japan, dated Washing
ton, January Z, 1882, define in un-
equivocally irrefutable terms the basic
elements of American policy in its re-
fusal to recognize the validity of uni
laterally accomplished facts created by
the application of force. In that note
the following statements deserve special
attention: sc the American Gov
eminent deems it to be its duty to
notify both the imperial Japanese gov
eminent and the government of the
Chinese Republic that it cannot admit
the legality of any situation de facto,
nor does 1t intend to recognize any
treaty or agreement entered into be-
tween those governments, or agents
thereof including those which
relate to the sovereignty, the independ-
ence or the territorial and administra-
tive integrity Of the Republic of China
and that it does not intend to
recognize any situation, treaty or agree
ment which may be brought about by
means contrary to the covenants and
obligations of the Pact of Paris of
August ~, 1928 s"-generally known
as the Briand-Kellogg Pact.
The official State Department white
Book" of 1943. on page S, adds the fol-
lowing comment to Mr.. Stimson's dec
laration, I'm pursuance of this policy
the puppet government established by
Japanese arms in Manchuria q few
weeks later has not been recognized by
the United States"
No act which is undertaken "con-
(See CHARTER, Page C-12)