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CONSISTENCY OF TREATY OBLIGATIONS WITH UNITED NATIONS CHARTER

At the Conference of Mexico City in 1945, and subsequently at San Francisco, it was generally agreed that regional security arrangements should be permitted and encouraged, but that they should be integrated into the over-all peace machinery of the world organization so that the two would complement each other and not work at cross purposes. The committee took note of the fact that, in accord with this general principle, the treaty is carefully and properly geared into the Charter of the United Nations. The preamble of the treaty, for example, refers to an inter-American system "consistent with the purposes and principles of the United Nations" and to the conclusion of an agreement "concerning those matters relating to the maintenance of international peace and security which are appropriate for regional action." Moreover, article 10 makes it perfectly clear that the assumption of special hemisphere security commitments does not affect the obligations of the contracting parties toward the United Nations. Article 10 reads:

None of the provisions of this Treaty shall be construed as impairing the rights and obligations of the High Contracting Parties under the Charter of the United Nations.

It follows from article 10 that any enforcement action decided upon by the American Republics under the treaty will be taken subject to the authorization of the Security Council as provided in article 53 of the Charter. So far as action necessary to meet an armed attack is concerned, it is specifically provided in article 3, paragraph 4, of the treaty that individual or collective measures "may be taken until the Security Council of the United Nations has taken the measures necessary to maintain international peace and security." This is an exact reproduction of the language of the self-defense provisions of the Charter.

The requirement of the Charter that the Security Council be kept fully informed of activities undertaken or in contemplation by regional security arrangements would seem to be fully covered by article 5 of the treaty. That article reads:

The High Contracting Parties shall immediately send to the Security Council of the United Nations, in conformity with Articles 51 and 54 of the Charter of the United Nations, complete information concerning the activities undertaken or in contemplation in the exercise of the right of self-defense or for the purpose of maintaining inter-American peace and security.

1 See Report of the Delegation of the United States of America to the Inter-American Conference on Problems of War and Peace, Mexico City, Mexico, February 21March 8, 1945 (Department of State publication 2497; 1946).

2 See Charter of the United Nations: Report to the President on the Results of the San Francisco Conference by the Chairman of the United States Delegation, the Secretary of State, June 26, 1945 (Department of State publication 2349; 1945) and The United Nations Conference on International Organization, San Francisco, California, April 25 to June 26, 1945: Selected Documents (Department of State publication 2490; 1946).

OBLIGATIONS ASSUMED BY UNITED STATES UNDER
TREATY

In the opinion of the committee, the obligations assumed by the United States under the treaty are important but are by no means objectionable in view of the many benefits to be derived from close inter-American cooperation in case the peace of the Americas is disturbed. As set forth in some detail in the preceding sections of this report, in the event of an armed attack upon any American territory or within the region outlined in article 4, the United States would be confronted with two specific obligations. First of all, we would be called upon to extend immediate assistance to the state attacked. The character and amount of this assistance would be determined by our Government. In the second place, we would be bound to consult with the other American Republics without delay as to the enforcement measures which should be agreed upon. This obligation to consult would also apply to any other fact or situation which might endanger the peace of the Americas.

Apart from the obligation to extend immediate assistance and to consult, the United States would also be obligated to participate in any political or economic sanctions agreed upon by a two-thirds vote of the organ of consultation, even though we should vote against such measures. In no case, however, would we be required to use our armed forces without our consent.

BENEFITS TO BE DERIVED BY UNITED STATES

As [Assistant] Secretary Armour pointed out in his testimony before the committee, the benefits to be derived from the treaty by the United States are very tangible and very important. It is in effect a milestone of great significance in our quest for world peace and security, for it gives new vitality to the idea of hemispheric solidarity without detracting one iota from the principle of world collective security which we have subscribed to in the Charter of the United Nations. For the first time, in an inter-American agreement, the 21 American Republics have entered into firm commitments for complete mutual cooperation for the maintenance of peace and security in the New World.

It follows that, if the territory of the United States, either within or without the area outlined in article 4, is subjected to an armed attack, we can call upon the signatories to the treaty for immediate assistance. While such assistance will depend upon the individual state, it might possibly take the form of economic aid, the use of bases and other facilities, or perhaps even direct military assistance in the way of armed forces. Moreover, we can call the contracting parties into immediate consultation in the event either of an armed attack or of other dangers to the peace and can ask them to vote specific enforcement measures against the aggressor nation. Once such measures are agreed upon by the organ of consultation, they become automatically binding upon all the signatory states.

In examining the security position of the United States, the com

mittee was impressed by the fact that we have nothing to fear in the way of an armed attack from any state within the hemisphere. The only serious danger to our security lies in the possibility of a threat or an attack by a non-American power. It follows that the provisions of the treaty calling for immediate assistance in the event of an armed attack, and the provisions for enforcement action against the aggressor nation, are of particular importance to the United States. The treaty should contribute much to our own security both by strengthening the security of the hemisphere and, as a regional arrangement consistent with the United Nations Charter, by serving as a constructive factor in the maintenance of general world peace.

ACTION BY COMMITTEE

After careful and detailed examination of the provisions of the treaty, together with a consideration of its impact on American foreign policy, the committee unanimously agreed to report the treaty to the Senate with the recommendation that the Senate's approval to ratification be given. The final vote was 13 to 0.

PROMPT RATIFICATION DESIRABLE

In view of the considerations outlined above, the committee agreed that it would be highly desirable to proceed with the ratification of the treaty at the earliest practicable date. At the present time only two states, Mexico and the Dominican Republic, have completed ratification. While other governments have the matter under consideration, it is apparent that many are waiting to see what the United States will do. Prompt action on our part, therefore, will result in speeding up the ratification process and putting the treaty into effect at an earlier date than would otherwise be possible. The need for such action constitutes one more example, in a world fraught with political and economic disorder, of the desirability for strong leadership on the part of the United States on behalf of peace, justice, and law.

The committee also took note of the fact that the Ninth International Conference of American States is scheduled to be held in Bogotá, Colombia, early in 1948.2 Among other items this Conference

With reference to the phrase "have completed ratification" with respect to Mexico and the Dominican Republic, it should be noted that the phrase did not include deposit of instruments of ratification by Mexico, which state did not take this action until Nov. 23, 1948. The Dominican Republic deposited its instrument of ratification Nov. 21, 1947. The other American Republics took similar action on the dates indicated, as follows: the United States, Dec. 30, 1947; Panama, Jan. 12, 1948; Colombia, Feb. 3, 1948; Honduras (with a reservation), Feb. 5, 1948; El Salvador, Mar. 15, 1948; Brazil, Mar. 25, 1948; Haiti, Mar. 25, 1948; Paraguay, July 28, 1948; Uruguay, Sept. 28, 1948; Venezuela, Oct. 4, 1948; Nicaragua, Nov. 12, 1948; Costa Rica, Dec. 3, 1948; Cuba, Dec. 9, 1948; Chile, Feb. 9, 1949; Argentina, Aug. 21, 1950; Bolivia, Sept. 26, 1950; Peru, Oct. 25, 1950; Ecuador, Nov. 7, 1950; Guatemala (with a reservation), Apr. 6, 1955.

2 See Ninth International Conference of American States, Bogotá, Colombia, March 30-May 1, 1948: Report of the Delegation of the United States of America, with Related Documents (Department of State publication 3263; 1948).

will have on its agenda the problem of reorganizing and strengthening the inter-American system. Inasmuch as the principles and fundamental provisions of the Rio treaty are to be included in the organic pact of the inter-American system which will be drawn up at Bogotá and which will serve as a cornerstone for the new structure, the committee believes it highly important that the ratification of the United States be concluded before the conference convenes.

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The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments.

They are determined to safeguard the freedom, common heritage and civilization of their peoples, founded on the principles of democracy, individual liberty and the rule of law.

They seek to promote stability and well-being in the North Atlantic

area.

They are resolved to unite their efforts for collective defense and for the preservation of peace and security.

They therefore agree to this North Atlantic Treaty:

Article 1

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security, and justice, are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

Article 2

The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promot ing conditions of stability and well-being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them.

1 TIAS 1964; 63 Stat. 2241-2253. Ratification advised by the Senate July 21, 1949; ratified by the President July 25, 1949; entered into force Aug. 24, 1949.

Article 3

In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack.

Article 4

The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.

Article 5

The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all; and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defense recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.

Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Article 6

For the purpose of Article 5 an armed attack on one or more of the Parties is deemed to include an armed attack on the territory of any of the Parties in Europe or North America, on the Algerian departments of France, on the occupation forces of any Party in Europe, on the islands under the jurisdiction of any Party in the North Atlantic area north of the Tropic of Cancer or on the vessels or aircraft in this area of any of the Parties.1

Article 7

This Treaty does not affect, and shall not be interpreted as affecting, in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security.

Article 8

Each Party declares that none of the international engagements now in force between it and any other of the Parties or any third

1 For a further definition of the areas covered by the provisions of this article of the treaty, see the report of the Senate Foreign Relations Committee, infra, doc. 6.

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