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Inter-American Regional Procedures for the Settlement of Disputes

Published online by Cambridge University Press:  22 May 2009

Charles G. Fenwick
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Extract

Some sixty-five years ago, when on April 14, 1890, the Union of American Republics was established, the great hope for world peace, the great promise of bringing international relations under the rule of law, lay in the development of arbitration. The Plan of Arbitration proposed by the Conference was for its time a radical one. Arbitration was to be obligatory for all disputes except those which in the judgment of a state might peril its independence; and the example thus set by the American States was not without its effect at the Hague Conferences of 1899 and 1907. The limitation of armaments was obviously beyond the plans of practical statesmen. But even so, that was not ground for discouragement. If only the procedure of arbitration could be given greater authority and extended into ever-widening fields, it might be possible to look forward to an agreement upon the limitation of armaments when there was no longer the same need of them.

Type
Articles
Information
International Organization , Volume 10 , Issue 1 , February 1956 , pp. 12 - 21
Copyright
Copyright © The IO Foundation 1956

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References

1 For the text of the treaty, see International Organization, II, p. 202–206.

2 2 Later, by succession, the Council of the Organization of American States. By Article 48 of the Charter, the Council is composed of ambassadors especially appointed by the respective governments. However, it is permitted that the appointment be given to the diplomatic representative accredited to the government of the country in which the Council has its seat, which is the United States.

3 “Applicationes del Tratado Inter-Americano de Asistencia Reciproca, 1948–1955,” Pan American Union, 1955, p. 19–58.

4 Ibid., p. 61 ff. As will be seen later, the case passed to the hands of the Peace Committee.

5 Ibid., p. 71 ff.

6 Ibid., p. 151 ff.

7 While Guatemala was not as yet a party to the Rio Treaty it might have requested a meeting of the Organ of Consultation under the Charter on the ground of being a working member of the OAS if not a technical member. In any case the procedure of the Peace Committee would have been available to it.

8 “Aplicationes …,” cited above, p. 159 ff.

9 Ibid., p. 201 ff. The military observes actually terminated their functions of their own accord the following day.

10 “Aplicaciones …,” cited above, p. 207 ff.

11 “Second Report of the Inter-American Peace Committee,” Pan American Union, 1954.

12 Popularly known as the Committee of Five.

13 When, on June 26, 1954, Guatemala found that it could get no help from the Security Council, it was then ready to accept the services of the Peace Committee; but while en route to the scene of action the Committee received a telegram from the new government requesting it to refrain from its contemplated intervention.