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ICELAND

ARBITRATION TREATY BETWEEN THE UNITED STATES AND ICELAND, SIGNED MAY 15, 1930

711.59812A/1

The Danish Minister (Brun) to the Acting Secretary of State

No. 34

WASHINGTON, April 12, 1930. [Received April 14.]

SIR: I have the honor to refer to the note of June 13, 1928 of Mr. Secretary of State Kellogg' in which, after having declared his readiness to sign with me on the following day, June 14th 1928, the proposed treaty of arbitration between the United States and Denmark,' the Secretary added a proposal to the effect that a similar treaty of arbitration should, if agreeable to the Government of Iceland, be concluded between the United States and Iceland.

This proposal was in due course placed before the Government of Iceland through the Danish Foreign Office, and I now have the pleasure to advise you, that the Government of Iceland will be glad to conclude with the Government of the United States a treaty of arbitration similar to the Danish-American treaty of June 14th 1928, and that I have been authorized to negotiate and sign such a treaty by a Royal full power signed by His Majesty the King on March 19th 1930, which is now in my possession.

With regard to the proposed treaty I am directed to state, that it will be sufficient and satisfactory to the Government of Iceland that only the English language be used, and that the text be identical with the Danish-American treaty, with the following exceptions:

1) The Preamble.

Instead of "His Majesty the King of Denmark and Iceland and the President of the United States of America" should be said "His Majesty the King of Iceland and Denmark and the President of the United States of America".

Instead of "His Majesty the King of Denmark and Iceland: Mr. Constantin Brun, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington" should be said "His Majesty the King of Iceland and Denmark: Mr. Constantin Brun, Envoy Extraordinary and Minister Plenipotentiary at Washington" (leaving out the words "His Majesty's").

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2) Article II d, should be replaced by a provision to the effect that, in the event that Iceland becomes a member of the League of Nations, the treaty shall not be invoked in respect of any dispute which depends upon or involves the observance of the obligations of Iceland in accordance with the covenant of the League of Nations.

3) Article III, first paragraph, should say "The present treaty shall be ratified". In view of the circumstance that, in due time, the treaty is to be ratified by Denmark on behalf of Iceland, it should be avoided to state in the text, as in the Danish-American treaty, in which way or by whom the ratification of Iceland is to be done. On the other hand, if the Government of the United States so desire, there is no objection to a provision in a new paragraph stating the procedure to be followed with regard to the ratification of the United States.

4) The signature on behalf of Iceland should be as follows: "For Iceland: C. Brun". Perhaps it might be considered appropriate that in return the signature of the American Plenipotentiary should be as follows: "For the United States: N. N.”

5) Finally the text should in a few instances be changed as made necessary by the fact that the treaty is concluded for Iceland, not for Denmark, and in the English language only. A copy of the Danish edition of the Danish-American treaty is herewith enclosed, in which the desired alterations have been underlined (in red).3

I venture to hope that no objections will be found to the above named changes and that you will be pleased to cause a draft in the English language to be transmitted to me in such terms as you may wish to propose.

I have [etc.]

C. BRUN

711.59a12A/1

The Acting Secretary of State to the Danish Minister (Brun)

WASHINGTON, April 29, 1930.

SIR: I have the honor to acknowledge the receipt of your note of April 12, 1930, in which, referring to a note of this Department dated June 13, 1928, you convey the gratifying information that the Government of Iceland is prepared to enter into a treaty of arbitration with the Government of the United States, in terms similar to those of the treaty of June 14, 1928, between the United States and Denmark.

You set forth in your note certain alterations in the text of the treaty of June 14, 1928, which are deemed necessary in order to make the text suitable for acceptance in a treaty with Iceland. These alterations are entirely acceptable to the Government of the United States,

? Not printed.

and I take pleasure in transmitting herewith a draft of a treaty in which I have undertaken to embody them.*

If the enclosed draft is satisfactory, I shall be glad to have the treaty put into final form and to recommend that the President authorize me to sign the same with you at your early convenience.

The draft treaty, following the text of the treaty of arbitration between the United States and Denmark, contains references to the former arbitration treaty of May 18, 1908,5 which expired by limitation on March 29, 1914, and also to the conciliation treaty of April 17, 1914, between the United States and Denmark. This Government understands these references in the sense that the treaty of 1908, when it was in force, extended to Iceland, and that the treaty of 1914 is now in force as between the United States and Iceland as well as between the United States and Denmark.

Accept [etc.]

J. P. COTTON

711.59a12A/4

No. 44

The Danish Minister (Brun) to the Secretary of State

WASHINGTON, May 8, 1930. SIR: I have the honor to acknowledge the receipt of the note from your Department of April 29, 1930, by which the Acting Secretary of State, Mr. Cotton was good enough to send me a draft of the proposed arbitration treaty between Iceland and the United States, embodying the alterations in the text of the treaty of June 14, 1928 between Denmark and the United States, which I have proposed in my note of April 12, 1930.

In reply I beg to state, that the text as now proposed in the draft is entirely satisfactory with the exception of the wording of the reference to Iceland in the second paragraph of Article I. It is noted that the wording: "on the part of Iceland in accordance with constitutional law" has been inserted in the place of the first proposed wording which was: "on the part of Iceland in accordance with its constitutional laws".

This was done on account of a doubt as to which law should govern the case.

I have however by a cablegram to Copenhagen ascertained, that the original wording is considered correct, and that the Danish Ministry of Foreign Affairs does not wish any change of text on this point, because it is the constitutional laws of Iceland to which reference is made and which are to be applied.

• Not printed.

Foreign Relations, 1909, p. 239.

• Ibid., 1915, p. 276.

I have already had the pleasure to explain this point in an informal letter to your Department and trust that this alteration will meet with no objection.

On this assumption I shall hold myself ready to sign the proposed treaty with you at any time which may be convenient to you.

I have [etc.]

Treaty Series No. 828

C. Brun

Treaty Between the United States of America and Iceland, Signed at Washington, May 15, 1930 o

8

The President of the United States of America and His Majesty the King of Iceland and Denmark

Determined to prevent so far as in their power lies any interruption in the peaceful relations that have always existed between the United States and Iceland;

Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between the two countries; and

Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world;

Have decided to conclude a new treaty of arbitration enlarging the scope and obligations of the arbitration convention signed at Washington on May 18, 1908, which expired by limitation on March 29, 1914, and for that purpose they have appointed as their respective Plenipotentiaries

The President of the United States of America: Henry L. Stimson, Secretary of State of the United States; and

His Majesty the King of Iceland and Denmark: Mr. Constantin Brun, Envoy Extraordinary and Minister Plenipotentiary at Washington;

Who, having communicated to one another their full powers found in good and due form, have agreed upon the following articles:

ARTICLE I

All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not

¡Not printed.

Ratification advised by the Senate, June 16, 1930; ratified by the President, June 28, 1930; ratifications exchanged at Washington, October 2, 1930; proclaimed by the President, October 3, 1930.

been possible to adjust by diplomacy, which have not been adjusted as a result of reference to the Permanent International Commission constituted pursuant to the treaty signed at Washington April 17, 1914, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference.

The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of Iceland in accordance with its constitutional laws.

ARTICLE II

The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which

(a) is within the domestic jurisdiction of either of the High Contracting Parties,

(b) involves the interests of third Parties,

(c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine,

(d) depends upon or involves the observance by Iceland, in the event that Iceland becomes a Party to the Covenant of the League of Nations, of its obligations in accordance with the Covenant.

ARTICLE III

The present treaty shall be ratified. The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of the ratifications. It shall thereafter remain in force continuously unless and until terminated by one year's written notice given by either High Contracting Party to the other.

In faith whereof the respective Plenipotentiaries have signed this treaty in duplicate in the English language and hereunto affixed their seals.

Done at Washington the 15th day of May, one thousand nine hundred and thirty.

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