HERTSLET, A. B. British and Foreign State Papers (100 vols. 1373-1906). LA FONTAINE. Pasicrisie Internationale (1794-1900). MARTENS (CH. DE) and DE CUSSY. Recueil manuel et pratique des traités et conventions, etc., depuis 1760 jusqu'à l'époque actuelle (1856). Continued by GEFFCKEN. MARTENS, G. F. DE. Recueil des principaux traités d'alliance, de paix de trève, de neutralité, de commerce, etc., depuis 1761 jusqu'à nos jours (1801). Collection continued by CH. DE MARTENS, SAALFELD, MURHARD, SAMWER, HOPF, STOERK and TRIEPEL under the title of Nouveau Recueil Général des Traités, etc. SPECIAL COLLECTIONS OF TREATIES BY COUNTRIES ARGENTINE REPUBLIC. Tratados convenciones, protocolos y demás actos internacionales vigentes celebrados por la República Argentina. 2 vols. 1901. BRAZIL. Actos Diplomáticos de Brasil. Vols. 1 and 2. De Monroe a Rio-Branco. O Brazil e o Arbitramento. O Tribunal Arbitral Brasileiro-Boliviano. Relações Diplomaticas do Brasil. COLOMBIA. Colección de Tratados Públicos. 2 vols. 1883-1884. Segundo Apéndice á las Colecciónes de 1883, 1884 y 1906. COSTA RICA. Colección de los Tratados de la República de Costa Rica. ENGLAND. HERTSLET: A Complete Collection of the Treaties FRANCE. * between DE CLERCQ: Recueil des traités, conventions et actes diplomatiques conclus par la France avec les puissances étrangères (1713-1904). GUATEMALA. SALAZAR: Colección de Tratados de Guatemala, 1894. LATIN AMERICAN STATES. CALVO: Recueil historique complet des traités, etc., de tous les États de l'Amérique latine, depuis l'année 1493 jusqu'à nos jours (1869). Central American Peace Conference at Washington. Minutes, etc., and PERU. Boletín del Ministerio de Relaciones Exteriores. Lima, 44 vols. 19041912. Colección de los Tratados del Perú, Ricardo Aranda. Lima, 13 vols. 1890-1911. Memoria del Ministerio de Relaciones Exteriores. Lima. 1898. Ministerio de Relaciones Exteriores Reglamento Consular del Perú. 1912. Recopilación de los Tratados Convenios de Arbitramiento Internacional con Notas Historicas, Carlos Wiess. Lima. 1907. Revista de Archivos y Bibliotecas Nacionales. 5 vols. 1898-1900. SPAIN. DE OLIVART: Colección de tratados de España desde el reinado de Isabel II hasta nuestros dias; Colección de los tratados de España durante los tras primeros años del reinado de D. Alfonso XIII. (1902-1904.) 1911. UNITED STATES. MALLOY: Treaties, Conventions, International Acts, Protocols and In order to secure additional material, verify information already on hand, both as to accuracy of text and character of classification, it is hoped that the Endowment will be able to secure the coöperation of the several governments. Steps have already been taken to secure such verification from the Latin American Republics. Under date of January 8, 1913, the Director addressed a letter to Honorable John Barrett, Director General of the Pan American Union, suggesting that the Union coöperate with the Endowment in securing from the Latin American Republics authentic texts of documents and official lists of treaties entered into by the different states. On January 27, 1913, the Division was informed of the willingness on the part of the Pan American Union to extend the desired coöperation. Pursuant thereto the Director forwarded to the Director General, on June 9, 1913, the following circular memorandum for transmission to the Latin American Republics: Circular Memorandum of the Director of the Division of International Law, in response to the Resolution of the Governing Body of the Pan American Union of January 8, 1913 By resolution adopted October 26, 1911, by the Executive Committee of the Carnegie Endowment for International Peace a project was inaugurated for the collection and publication of all known arbitration treaties. The plan contemplates the collection of general arbitration treaties, compromis or special agreements, and general and special arbitral clauses. It is proposed that the publication be divided into two parts, one to contain the mod ern treaties of 1794 to 1910, the other to contain all the ancient and medieval treaties. The publication is to be annotated where necessary and accompanied by a comprehensive analytical index, which will not only be a guide to the contents of all the volumes but will, under proper headings, analyze and classify the treaties, as for example, "Subject Matter of the Arbitration,” "Nature and Composition of the Arbitral Tribunal," etc. It should also be stated that the proposed publication is to include not only the original texts but also the translations thereof. As it is the hope of the Carnegie Endowment that the collection be as complete and as accurate as it can be made by utilizing not only the materials at its disposal, but also those contained in the archives of the foreign offices, the assistance and friendly coöperation of the foreign offices are indispensable. It was believed that especially the foreign offices of Latin America would be glad to coöperate, if the need of it were shown and the means by which it might be brought about. Therefore, on January 8, 1913, the Secretary wrote a letter to the Director General of the Pan American Union, asking him to call the attention of the Governing Board to the undertaking in question, in the hope that, if the Board approved, the diplomatic representatives of Latin America at Washington might be willing to request the coöperation of their respective governments. On January 8, 1913, the Governing Board passed a resolution requesting the Secretary of the Carnegie Endowment "to furnish the Director General of the Pan American Union, for transmission to the members of the Governing Board, a complete list of the treaties of arbitration and arbitral clauses contained in general treaties that are in his possession, so that these lists may be submitted to the respective foreign offices in order to be completed or amended as the case may be". In accordance with the plan above outlined, the work of collecting, examining, and transcribing all arbitration treaties and agreements has been carried on, and the investigation at this date practically covers the modern period from 1794 to 1910. It is expected that the modern treaties will require two or three good-sized volumes, and that these will be issued prior to the publication of the ancient and medieval texts. In order more clearly to demonstrate the character of the projected publication as to the classes of arbitral agreements or clauses to be included, a definition of each class is given below together with references to examples among the treaties of........ Where it is not possible to cite examples in the case of any country, reference is made to those of other countries. [Here was inserted an outline of the different classes of treaties, as shown above.] There is appended a list of treaties, composed of the classes above defined, between. ....and other powers. Information is lacking in many cases in the list, as to the exact character of the arbitration treaty or clause, or even whether the designation of certain treaties as arbitration treaties or clauses is correct. This situation arises out of the fact that in some instances references have been found, but not the original text or translations, and in the absence of the one or the other, it is not possible to determine the character of the treaty. Again, it is very probable that some arbitral treaties or clauses have been overlooked, or not found because of the absence of official documents in which they appear. In view of the desire that the work, when published, shall be as complete as possible, and, further, in view of the impracticability of making a complete verification from sources available in the United States, it is essential that such verification be made in the individual country concerned. Although the examinations hitherto made have resulted in obtaining the original text in numerous cases, yet, in order to insure accuracy it is hoped that copies of the original texts of all the treaties in the list and of any additional treaties which may be found, will be furnished and accompanied by exact reference to sources, whether in printed form or in manuscript. In the course of his investigations, the Secretary has been much struck by the large number of treaties of arbitration and of arbitral clauses which the American States have negotiated since their independence, a fact known only to the few who have dealt with this question, and unsuspected by the world at large. A collection of the kind contemplated will show that Pan America has indeed been a pioneer in the substitution of reason for force in the settlement of international differences, and, if the Pan American Union and the distinguished diplomatists which compose its membership will cooperate in the way indicated, as they no doubt will by the resolution of January 8, 1913, the success of the undertaking will be assured. This circular memorandum was transmitted by the Director General to twenty states, namely, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela. Up to the present time only six of these states have replied. Of these six, Argentina sent an authentic list of treaties; Brazil sent official publications; Colombia and Costa Rica sent official documents and publications; Cuba sent additional information augmenting the Endowment's list and the text of a general arbitral clause; and Peru sent both a list of treaties and official publications. The following is a list of the documents and publications received, numbering seventy-eight volumes in all: BRAZIL. Actos Diplomáticos de Brasil. Vols. 1 & 2. De Monroe a Rio-Branco. O Brazil e o Arbitramento. O Tribunal Arbitral Brasileiro-Boliviano. Relações Diplomaticas do Brasil. COLOMBIA. Colección de Tratados Públicos. 1883-1884. 2 vols. Apéndice á la Colección de 1883. Segundo Apéndice á las Colecciónes de 1883, 1884 y 1906. COSTA RICA. Central American Peace Conference at Washington. Minutes, etc., and Colección de Tratados [Collection of Treaties of the Republic of Costa Convention on Pecuniary Claims, signed at Pan American Conference at Buenos Aires, August 11, 1910. La Gaceta [Official Diary of December 14, 1910]. Treaty of Arbitration with the United States of America, of January Treaty of Arbitration with the United States of Brazil, of May 18, 1909. CUBA. Arbitration clause in the Treaty of Friendship, Navigation and Commerce concluded with Italy, December 29, 1903. PERU. Boletín del Ministerio de Relaciones Exteriores. Lima. 44 vols. 19041912. Colección de los Tratados del Perú, Ricardo Aranda. Lima. 13 vols. Memoria del Ministerio de Relaciones Exteriores. Lima. 1898. 1912. Recopilación de los Tratados Convenios de Arbitramiento Internacional con Notas Historicas. Carlos Wiess. Lima. 1907. Revista de Archivos y Bibliotecas Nacionales. 5 vols. 1898-1900. It is expected that Volume I, which will comprise Class 1, General Arbitration Treaties, will be ready for preliminary print by the coming fall. The object in getting out the volume in a preliminary form is to prevent final publication without exhausting every possible facility for making the work comprehensive and accurate. Publication of Decisions of Chief Justice Marshall Involving At a meeting of the Executive Committee on November 14, 1913, the Director of the Division submitted a project for the publication of decisions of Chief Justice Marshall on questions relating to international law. He invited attention to the fact that the decisions of the Chief Justice on constitutional questions are now published, in two volumes, and he proposed that his decisions on international law be published in a similar volume. He stated to the Committee that while it was true that the decisions could be found in the reports of the Supreme Court, and circuit court reports of the United States, it would be much more convenient and, indeed, almost necessary in case of foreign students who desired to refer to the decisions of the Chief Justice, that they be collected in a separate volume with appropriate annotations and index. The Director therefore presented a resolution, which was approved, authorizing him to arrange with the Clarendon Press for the publication of such a volume. |