Page images
PDF
EPUB

may be enabled to secure the passing of the Treaty by the Mejlis.

I also wish to ask you to take the necessary steps to repair the error which has been made in Article III, in which the word "Commission was written instead of "Treaty," as the only Treaty which was concluded in 1881 was a frontier delimitation Treaty, and this is the Treaty referred to in Article III.

I have, &c.

MOCHAROS-SALTANEH.

(No. 2.) The Russian Diplomatic Representative at Tehran to the Persian Minister for Foreign Affairs.

(No. 1600.)
Your Excellency,

Tehran, December 12, 1921. In reply to your letter dated the 20th day of Ghows, I have the honour to inform you that Articles V and VI are intended to apply only to cases in which preparations have been made for a considerable armed attack upon Russia or the Soviet Republics allied to her, by the partisans of the régime which has been overthrown or by its supporters among those foreign Powers which are in a position to assist the enemies of the Workers' and Peasants' Republics and at the same time to possess themselves, by force or by underhand methods, of part of the Persian territory, thereby establishing a base of operations for any attacks-made either directly or through the counter-revolutionary forces-which they might meditate against Russia or the Soviet Republics allied to her. The Articles referred to are therefore in no sense intended to apply to verbal or written attacks directed against the Soviet Government by the various Persian groups, or even by any Russian émigrés in Persia, in so far as such attacks are generally tolerated as between neighbouring Powers animated by sentiments of mutual friendship.

With regard to Articles XIII and XX, and the small error to which you draw attention in Article III with reference to the Convention of 1881, I am in a position to state categori cally, as I have always stated, that my Government, whose attitude towards the Persian nation is entirely friendly, has never sought to place any restriction upon the progress and prosperity of Persia. I myself fully share this attitude, and would be prepared, should friendly relations be maintained between the two countries, to promote negotiations with a view to a total or partial revision of these Articles on the lines desired by the Persian Government, as far as the interests of Russia permit.

In view of the preceding statements, I trust that, as you promised me in your letter, your Government and the Mejlis will ratify the Treaty in question as soon as possible.

I have, &c.

ROTSTEIN,

Diplomatic Representative of the

Russian Socialist Federal Soviet Republic.

PROTOCOL between Peru and the United States of America for the Submission to Arbitration of the Landreau Claim against Peru.-Lima, May 21, 1921.*

THE Government of the United States of America and the Government of the Republic of Peru, not having been able to reach an agreement concerning the claim against Peru of the heirs and assigns of the American citizen, John Celestin Landreau, arising out of a Decree of the 24th October, 1865, of the Government of Peru, providing for the payment of rewards to John Teophile Landreau, brother of John Celestin Landreau, for the discovery of guano deposits, and out of contracts between John Teophile Landreau and John Celestin Landreau entered into on or about the 6th April, 1859, and the 29th October, 1875, which claim is supported by the Government of the United States, have resolved to submit the question for decision to an International Arbitral Commission, and to that end have named their respective Plenipotentiaries, that is to say, the President of the United States: William E. Gonzales, Ambassador of the United States at Lima; and the President of Peru, Dr. Alberto Salomón, Minister of Foreign Relations, who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following Articles:

ART. I. The questions to be determined by the Arbitral Commission are: first, whether the release granted the Peruvian Government in 1892 by John Teophile Landreau eliminated any claim which John Celestin Landreau, the American citizen, may have had against the Peruvian Government, and if all claims were not thereby extinguished then; second, what sum, if any, is equitably due to the heirs or assigns of John Celestin Landreau.

II. The Commission shall be composed of three members as follows:

The Government of the United States and the Government of Peru shall each, within thirty days after this Protocol becomes effective, appoint one Commissioner, and

* "United States Treaty Series," No. 653. Signed also in the Spanish language.

these two shall, within ninety days after this Protocol becomes effective, select a third Commissioner, who shall act as President of the Commission, and shall be a national of either Denmark, Great Britain or the Netherlands.

If, at the termination of the ninety days' period just mentioned, they are unable to agree upon a third Commissioner, he shall be selected, within a further period of thirty days, by the Queen of the Netherlands, provided she is willing.

III. All vacancies occurring from death, resignation or otherwise in the membership of the Commission shall be filled as was the original appointment, within thirty days from the occurrence of such vacancy.

IV.* The Commission shall, with the consent of the respective Government, meet at the residence place of the President of the Commission within sixty days after the case is ready for consideration, according to the second paragraph of Article X of this Protocol, and shall hold all of its sessions in the same place.

V. The concurrent action of any two members of the Commission shall be adequate for a decision on all matters coming before them, including the making of the final award.

VI. The Government of the United States and the Government of Peru shall each be entitled to appoint an Agent for the presentation and argument of its case before the Commission.

VII. The Commission shall keep a record of all its proceedings. For this purpose the President of the Commission shall appoint a Secretary, who shall be of his own nationality.

VIII. In the presentation of its documents, evidence. correspondence or arguments to the Commission, either Party may use the English or the Spanish language.

IX. Either Party may demand from the other the discovery of any fact or of any document deemed to be or to contain material evidence for the Party asking it. Any document desired shall be described with sufficient accuracy for identification, and the demanded discovery shall be made by delivering a statement of the fact or by depositing a copy of such document (certified by its lawful custodian, if it be a public document, and verified as such by the possessor, if a private one) to the Foreign Office of the demanding Govern

* Article IV, as amended by the Agreement between Peru and the United States of America, signed at Lima, August 4, 1922, is worded :

"The Commission, with the consent of the Government of Great Britain, shall meet in first session at London on such day and date between the 2nd and 10th, both included, days of October in the year 1922, as the President of the Commission shall determine, and announce through the Secretary of the Commission to the Agents of the respective Governments, and all subsequent sessions of the Commission shall be held at the same place."

ment, which shall be given opportunity to examine the original through its duly accredited diplomatic representatives. If notice of the desired discovery be given too late to be answered ten days before the Commission herein provided for shall sit for hearings, then the answer desired thereto shall be filed with or documents produced before the Commission as speedily as possible.

X. The case of the United States and supporting evidence shall be presented to the Government of Peru through its duly accredited representative at Washington as soon as possible, and, at the latest, within four months, from the date when this Agreement becomes effective. The Government of Peru shall submit in like manner, through its representative at Washington, its full answer to such case within five months from the date of the presentation of the case of the United States. The Government of the United States shall present in like manner its reply to the answer of the Peruvian Government, which reply shall contain only matters in reply to the case of the Government of Peru, within three months from the date of the filing of the Peruvian answer, and Peru may, in like manner, within four months, present a reply to the reply of the Government of the United States. The allegations and documents of each Party shall be presented at least in quintuplicate.

The case shall then be ready for consideration by the Commission, which shall hear arguments by the Agents of the respective Governments, and, in its discretion, may, after convening, call for further documents, evidence or correspondence from either Government; and such further documents, evidence or correspondence shall, if possible, be furnished within sixty days from the date of the call. If not so furnished within the time specified, a decision in the case may be given without the use of said documents, evidence or correspondence.

XI. The decision of the Commission shall be rendered within four months from the date of its first meeting, unless the Commission, for reasons which shall be communicated to both Governments, shall find it imperatively necessary to extend the time. The decision, when made, shall be forthwith communicated to the Governments at Washington and Lima. It shall be accepted as final and binding upon the two Governments.

XII. The amount granted by the award, if there should be any, shall be made payable in gold coin of the United States, at the Department of State, Washington, within one year after the rendition of the decision by the Commission, with interest at 6 per centum per annum, beginning to run one month after the rendition of the decision.

XIII. Each of the Parties hereto shall pay its own

expenses and one-half of the common expenses of the arbitration. Each Government shall pay the salary and expenses of the Commissioner appointed by it, but the salary and expenses of the third Commissioner and of the Secretary shall be included in the common expenses of the arbitration. In faith whereof, they have drawn up the present Protocol, in duplicate, in like terms in English and Spanish, signing and sealing it with their private seals, in Lima, this 21st day of May, 1921.

(L.S.) WILLIAM E. GONZALES. (L.S.) A. SALOMON.

TREATY of General Obligatory Arbitration between Peru and Uruguay.-Lima, July 18, 1917.

[Ratifications exchanged at Lima, February 15, 1922.]

(Translation.)

THE Governments of Peru and of the Oriental Republic of Uruguay, animated by the desire to ensure the maintenance of the cordial relations existing between the two countries and to settle amicably any differences which may arise between them, have decided to conclude a general Treaty of obligatory Arbitration, and with this object have appointed as their Plenipotentiaries:

His Excellency the President of the Republic of Peru: Dr. Enrique de la Riva Aguero, Minister for Foreign Affairs; and

His Excellency the President of the Oriental Republic of Uruguay: Dr. Oriol Solé Rodríguez, Chargé d'Affaires at Lima:

Who, after having exhibited and exchanged their full powers and having found the same to be in good and due form, have agreed as follows:

ART. I. The High Contracting Parties bind themselves to submit to arbitration all controversies, of whatever nature, which from any cause whatsoever may arise between them, and which it has not been found possible to settle amicably by means of direct diplomatic negotiations.

II. The present Treaty shall also apply to controversies arising from facts anterior to its conclusion; but questions may not be raised again which have already formed the subject of definitive agreements between the two Parties, in respect of which arbitration shall be limited solely to differences arising as to the validity, interpretation and execution of such Agreements.

III. With a view to the settlement of questions submitted

« PreviousContinue »