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The Bogota Charter of the Organization of American States

Published online by Cambridge University Press:  20 April 2017

Josef L. Kunz
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Extract

Contrary to most international organizations, the Inter-American System lacked, up to now, a treaty basis. It was based merely on resolutions. Among them the famous Resolution of April 14, 1890, which created the “International Union of the American Republics,” has a particular character and importance. This resolution needed ratification which was given, but by the American governments only. By this ratification the American Republics bound themselves legally and consented to be bound for ten years—and still longer if nothing to the contrary was done—and consented to the making of modifications and amendments, concerning the organization, by majority vote. Generally resolutions of the International Conferences of American States and other such meetings constitute only recommendations and are not legally binding but resolutions concerning organization are legally binding at once on the basis of point 16 of the ratified Resolution of April 14, 1890; the latter is, up to now, in a strictly legal sense, the Constitution, the fundamental norm, of the Inter-American System.

Type
Research Article
Information
American Journal of International Law , Volume 42 , Issue 3 , July 1948 , pp. 568 - 589
Copyright
Copyright © American Society of International Law 1948

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References

1 Thus correctly Senor Berméjo (Argentina) in 1902 (Actas y Documentos de la 2a Conferencia Pan Americana, Mexico City, 1902, pp. 243–249).

2 See Josef, L. Kunz, “The Pan American Union,” in Iowa Law Review, Vol. 31, No. 1 (November, 1945), pp. 58–89, at pp. 74–77.Google Scholar

3 Report of the Director to the fourth Pan American Conference, Washington, 1910. Also in Cuarta Conferencia International Americana, Buenos Aires, 1910, pp. 12–60.Google Scholar

4 Informe a los gobiernos miembros de la TJnidn Pan Americana, Washington, 1923.

5 The International Conferences of American States, 1889–1928, Washington, 1931, pp. 398–403.

6 The same, pp. 397–398.

7 See John P. Humphrey, The Inter-American System, Toronto, 1942. Margaret Ball, The Problem of Inter-American Organization, Stanford, 1944. Ruth D. Masters, Handbook of International Organizations in the Americas, Washington, 1945 (further cited as Masters).

8 Final Act, pp. 44–48.

9 See this writer’s Editorial Comment in this Journal, Vol. 39, No. 3 (July, 1945), pp. 527–533.

10 See already the earlier Report and Project of the Executive Committee on Post War Problems of the Governing Board: Pan American Post War Organization, PAU, Washington, 1944 (mim.), pp. 71.

11 Project of Organic Pact of the Inter-American System, PAU, Washington, 1946 (mim.).

12 Project of Organic Pact of the Inter-American System. Submitted to the Bogota Conference by resolution of the Governing Board of February 4, 1948, PAU, Washington, 1948 (mim.).

13 On the Inter-American System, as it existed prior to the Bogota Conference and the changes envisaged see the extensive article by William Sanders, “Sovereignty and Interdependence in the New World,” in Department of State Bulletin, Vol. XVIII, No. 449 (February 8, 1948), pp. 155–184.

14 See this writer’s Editorial Comment in this Journal , Vol. 39, No. 4 (October, 1945), pp. 758–767.Google Scholar

15 For excellent information on all the topics and for the corresponding documents see: Handbook for Delegates to the 9th International Conference of American States, PAU, Washington, 1947.

16 Charter of the Organization of the American States, PAU, Washington, 1948 (mim.). Also printed in Department of State Bulletin, Vol. XVIII, No. 464 (May 23, 1948), pp. 666–673.

17 Res. I, adopted at the Bogota Conference (Acta Final, PAU, Washington, 1948 (mim.), at p. 10), calls on the American States to take measures for making the Bogota Charter widely known. Res. XL (the same, p. 56) orders that the organs of the OAS immediately adopt the new nomenclature and the regimes established by the Charter.

18 Thus still the Project of an Organic Pact of the Inter-American System.

19 See the membership of the Ukraine and of Byelo-Russia in the UN.

20 The Constitution adopted by the 12th Pan American Sanitary Conference (Caracas, January 12–24, 1947) for the Pan American Sanitary Organization gives membership by right to all “self-governing nations of the Western Hemisphere.” But territories within the Western Hemisphere “which do not conduct their own international relations shall have the right to be represented and to participate in the Organization. The nature and extent of their rights and obligations shall be determined in each case by the Directing Council.”

21 Contrary to the earlier formula “American Republic.”

22 As an independent Puerto Eico. See the earlier cases of Cuba and Panama.

23 This feature is taken from Art. 23 of the Rio Treaty of 1947.

24 See Hans Kelsen “Withdrawal from the United Nations,” in The Western Political Quarterly, March, 1948, pp. 29–43.

25 The Charter is an intergovernmental treaty. The beginning: “In the name of their peoples” has political, but no juridical significance; it is a modern phrase diplomatique which seems on the way to replace the beginning: “In the name of the Holy Trinity” of earlier treaties.

26 See earlier, The Basic Principles of the Inter-American System (Executive Committee on Post War Problems of the Governing Board), PAU, Washington, 1943.

27 Especially from Convention on the Rights and Duties of States, Montevideo, 1933; Declaration of Principles of Inter-American Solidarity and Coàperation, Buneos Aires, 1936; Protocol Relative to Non-intervention, 1936; Declaration of American Principles, Lima, 1938; Declaration of Lima, 1938; and declarations of the three Consultative Meetings of 1939, 1940, and 1942; finally from the Rio Treaty, 1947.

28 Acta Final, pp. 41–49.

29 The same, p. 49.

30 See Project of Inter-American Peace System, PAU, Washington, 1948 (mim.), and Report on the provisions of the Project of Inter-American Peace System, relative to obligatory arbitration, PAU, Washington, 1948 (mim.).

31 IXa Conferencia Internacional Americana, Tratado Americano de soluciones paciflcas, Pacto de Bogotá, PAU, Washington, 1948 (mim.). With the coming into force of the Pact of Bogota, all earlier peace instruments will cease to be in force including the Gondra Treaty (1923), Washington Treaties of Conciliation and Arbitration (1929), Additional Protocol on Conciliation (1933), Anti-War Treaty (1933), and the corresponding treaties of Buenos Aires (1936). Here, too, we see simplification, unification and centralization.

32 See this writer’s Editorial Comment in this Journal, Vol. 42, No. 1 (January, 1948), pp. 111–120.

33 IXa Conferencia Internacional Americana, Convenio Econόmico de Bogotá, PAU, Washington, 1948 (mim.).

34 See Josef, L. Kunz, The Mexican Expropriations, New York, 1940.Google Scholar

35 Aota Final, pp. 14-15.

36 See also Res. XXIX (Acta Final, pp. 33–40), containing the International American Charter of Social Guarantees; Res. XX (pp. 22–24), concerning services of social assistance; Res. XIX (pp. 21–22), on conditions of work; and Res. XXII (pp, 29–30), on the economic condition of women workers.

37 This is the table of organs of the OAS under the Bogota Charter.

38 Up to now Buenos Aires (1936), Mexico City (1945), Rio de Janeiro (1947).

39 A two-thirds majority is required: (a) of the governments: (1) for the coming into force of the Bogota Charter (Art. 109); (2) for the coming into force of amendments (Art. 1ll) ; (3) for the convocation of a special Inter-American Conference (Art. 36); (4) for the convocation of the Advisory Defense Committee (Art. 47) ; (b) of the Organ of Consultation under Art. 17 of the Rio Treaty of 1947; (c) of the Council: (1) for approval of decisions on budgetary matters (Art. 54); (2) for removal of the Secretary General or Assistant Secretary General (Art. 87).

40 See Masters, pp. 123–126.

41 Res. XXXIV, Acta Final, p. 53.

42 Whereas Humphrey (work quoted above, n. 7, p. 199) could write in 1942 that the “Union of American Republics is a purely theoretical body without constitution or officers,” the OAS is now treaty-based and all Inter-American organs are organs of the OAS.

43 See Masters, pp. 139-146.

44 See Report of the Committee on the Organization of the Inter-American System relative to the establishment of an Inter-American Council of Jurists, approved by the Governing Board, December 4, 1947.

45 See Inter-American Agencies for the Codification, Unification and Uniformity of Law in the Americas, 5 th ed., January, 1944, PAU, Washington (mim.).

46 Masters, pp. 163–169.

47 Res. II, Acta Final, pp. 10–11.

48 See Res. XXIV (Acta Final, pp. 30–31) on the program and activities of the Cultural Council.

49 See Josef, L. Kunz in Iowa Law Review, Vol. 31, No. 1 (November, 1945), pp. 58–89.Google Scholar

50 Res. XLI (Acta Final, p. 57).

51 Informe sobre el plan de financiaciόn de la Uniόn Pan Americana y los organismos especializados, PAU, Washington, 1948 (mim.). The budget of the PAU for the fiscal year of 1948–49, as prepared by the Director General, was $2,130,000.

52 Res. VII (Acta Final, pp. 13–14).

53 Res. VI (Acta Final, p. 13).

54 Art. 19.

55 The International Conferences of American States, First Supplement, 1988-1940, Washington, 1940, Appendix A, pp. 381–452.Google Scholar

56 Res. VIII (Acta Final, pp. 14–15).

57 Res. IX (Acta Final, pp. 15–16).

58 PAU, Washington, 1947 (mim.).

59 See the American Institute of International Law, the Inter-American Bar Association, the Association of American Writers and Artists (Havana), the Inter-American Bibliographical and Library Association (Washington), the Inter-American Commercial Arbitration Commission (New York), the International Institute of Ibero-American Literature, the Pan American Institute of Mining Engineering and Geology (Santiago, Chile), the Pan American Medical Association (New York) and many others.

60 Art. 71: “The Inter-Ameriean Council of Jurists and the Juridical Committee should seek to obtain the cooperation of national committees for the codification of international law, institutes of international and comparative law,” Res. XXIV (Acta Final, p. 30), provides: Colaboración, con las comisiones nacionales de cooperatión intelectual y con otros organismos culturales nacionales.

61 Organized in 1940 during the sessions of the 8th American Scientific Congress (Masters, pp. 177–181; Report, quoted above, n. 58, pp. 28–30).

62 Acta Final, p. 12.

63 Masters, pp. 287–291.

64 Created by resolution of the First Pan American Congress of Municipalities (Havana, 1938), under a resolution of the 6th International Conference of American States (Masters, pp. 115–123).

65 Organized originally in 1910 as the South American Congress of Railways and broadened in 1941 so as to include all the twenty-one American Republics.

66 Originated in Res. XIII of January 15, 1940 of the Inter-American Financial and Economic Advisory Committee.

67 Work quoted above, n. 51.

68 Acta Final, pp. 11–12.

69 See the proposals in the Report, quoted above, n, 58.

70 Established originally under the Trade Mark Convention of the 4th International Conference (1910), continued by the Convention of 1923 and the Protocol of 1929 (Masters, pp. 182–187).

71 Created originally in 1890 (Masters, pp. 320–324).

72 Established by a resolution of the Third Consultative Meeting, Rio de Janeiro, 1942; composed of seven members, appointed by seven of the American Republics designated by the Governing Board, but representing all the American Republics; in structure and function an unusual and very interesting organ. See its 1st Report, Montevideo, 1943. Second Annual Report, Montevideo, 1944. See Bulletin, PAU, 1942, p. 489, p. 693. J. F. Pimentel in Revista de Derecho International, September, 1943, pp. 116–118; Carl B. Spaeth and W. Sanders in this Journal, Vol. 38, No. 2 (April, 1944), pp. 218–241.

73 Res. XXXII, Acta Final, pp. 49–50.

74 Established in 1927 (Masters, pp. 8–12).

75 Created pursuant to the Inter-American Coffee Agreement of 1941 (Masters, pp. 93–98).

76 Established by terms of a convention, Mexico City, November 1, 1940 (Masters, pp. 150–156).

77 Established in accordance with a convention of January 15, 1944.

78 This office will supersede the Inter-American Radio Office (on it, Masters, pp. 170–175), when the Convention of September 27, 1945, signed at Rio de Janeiro, is ratified by five governments.

79 The Report proposes the maintenance, but considers it desirable that the Central Committee be made more truly Inter-American in character.

80 Established in 1929 (Masters, pp. 307–310).

81 Provided for in a resolution of the Inter-American Technical Aviation Conference, Lima, 1937 (Masters, pp. 357–359); hitherto inactive.

82 Established 1921. Members: the twenty-one American Republics, Canada and Spain, International Transfer Office in Panama City (Masters, pp. 379–389).

83 Masters, pp. 35–36.

84 Created by the Second International Conference of American States, 1902 (Masters, pp. 324–331). The 12th Pan American Sanitary Conference (Caracas, January 12–24, 1947) adopted a reorganization plan. The organization will consist of (a) the Pan American Sanitary Conferences, to be held every four years; (b) the Directing Council, meeting annually; (c) the Executive Committee and (d) the Pan American Sanitary Bureau in Washington (see article by James A. Doull in Department of State Bulletin, Vol. XVIII, No. 452 (February 29, 1948), pp. 283–285).

85 Created by resolution of the 6th International Conference of American States, Havana, 1928 (Masters, pp. 106–110).

86 Projecto de Estatuto Organico de la Comisidn Inter-Americana de Mujeres, PAU, Washington, 1948 (mim.).

87 Acta Final, p. 32.

88 Acta Final, pp. 24–28.

89 Una entidad permanente que funciona adscrita a la Secretaria General (Art. 1).

90 Created by the Act of Havana, 1940 (Masters, pp. 103–106).

91 Res. XXXIII, Acta Final, pp. 51–52 (Reservation by Brazil; the United States abstained from approving this Resolution).

92 Res. V, Acta Final, p. 13.

93 Res. XIV, the same, p. 19.

94 Res. XVI, the same, p. 20.

95 Res. XV, the same, p. 20.

96 UN Charter, Arts. 52–54, 33, 37, 51.

97 Acta Final, p. 16.

98 Acta Final, pp. 55–56.

99 See the remarks by Assistant Secretary for Political Affairs, Norman Armour, on the achievements of the Bogotá Conference Department of State Bulletin, Vol. XVIII, No. 465 (May 30, 1948), pp. 714–715.