MISCELLANEOUS

CLAIMS

UNITED STATES AND MEXICO: COMMISSIONS 1

On June 15, 1934, the Senate gave its advice and consent to the ratification by the President of the convention between the United States and Mexico providing for the en bloc settlement of claims, signed at Mexico City on April 24, 1934.

TEXTS OF TREATIES AND AGREEMENTS

PROTOCOL OF PEACE, FRIENDSHIP, AND COOPERATION BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF PERU, AND ADDITIONAL ACT (LETICIA DISPUTE)

The Republic of Colombia and the Republic of Perú, executing the agreement adopted by them in Geneva on May 25, 1933,

Considering,

That both Republics, in harmony with the moral conscience of humanity, assert as a fundamental duty of States the proscription of war, the settlement of their difficulties politically or juridically and the prevention of the possibility of conflicts between them;

That this duty is the more agreeable for the States which compose the American community, among which exist historical, social and sentimental ties, which cannot be weakened by divergencies or events which must always be considered in a spirit of reciprocal understanding and good will;

That this duty of peace and cordiality may be better accomplished by applying the methods established by contemporary international law, for the juridical settlement of differences between States, and for the guarantee and development of human rights.

That the attitude which they now adopt should serve as a fraternal encouragement for the settlement of other international American conflicts:

Have appointed their respective Plenipotentiary Delegates, to wit: His Excellency the President of the Republic of Colombia, Their Excellencies Doctors Roberto Urdaneta Arbelaez, Guillermo Valencia and Luiz Cano. His Excellency the President of the Republic of Perú, Their Excellencies Doctors Victor M. Maúrtua, Victor Andres Belaunde and Alberto Ulloa. Who, having assembled in the city of Rio de Janeiro, capital of the Republic of Brazil under the presidency of His Excellency Señor Afranio de Mello Franco, and having exchanged their full powers which they have found in good and true form, have agreed to sign, in the name of their respective Governments, a Protocol of Friendship and Cooperation as well as an additional act as follows:

PROTOCOL OF PEACE, FRIENDSHIP AND COOPERATION BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF PERU

Article 1. Perú sincerely deplores, as she has previously declared. the events which have taken place since September 1, 1932, which have

disturbed her relations with Colombia. The two Republics having resolved to reestablish their relations, Perú expresses the wish that these may be restored with the same intimate friendship as in the past, and the profound cordiality of two sister peoples. Colombia shares these sentiments and declares that it has an identical purpose. In consequence, Perú and Colombia agree simultaneously to accredit their respective Legations in Bogotá and in Lima.

Article 2. The Boundary Treaty of March 24, 1922, ratified on January 23, 1928, constitutes one of the juridical ties which bind Colombia and Perú and may not be modified or affected except by mutual consent of the parties or by a decision of International Justice within the terms below established in Article 7.

Article 3. Negotiations between the two countries shall continue through normal diplomatic channels, in order that all pending problems may receive a just, lasting and satisfactory solution; and in the course of said negotiations, the principles established in the present protocol shall be observed.

Article 4. In view of the common requirements of the two states in the valleys of the Amazon and Putumayo basins, Perú and Colombia are adopting special agreements regarding customs houses, commerce, free navigation of the rivers, protection of settlers, transit and policing of frontiers; and shall adopt such other agreements as may be necessary to obviate any difficulties which may or might arise in the frontier region between the two countries.

Article 5. The two States shall study an agreement for the demilitarization of the frontier, according to the normal requirements of their (or its) security. The two Governments shall for this purpose appoint a technical commission composed of two members for each of the High Contracting Parties, alternately presided over month by month by the official of the highest rank of each. The first President shall be chosen by lot. The seat of the Commission shall be fixed in common agreement by the two Governments.

Article 6. To supervise the agreements covered by Article 4 and to stimulate their execution, a commission of three members is hereby created, appointed by the Governments of Perú, Colombia and Brazil, the president of which shall be appointed by the latter country. The seat of the commission will be in territory of one or the other of the High Contracting Parties, within the limits of the region to which the above-mentioned agreements apply. The commission shall be free to move from one point to another within those limits, in order more effectively to collaborate with the local authori ties of both States for the maintenance of a régime of permanent peace and good neighborhood on the common frontier. The period of duration of this commission shall be four years, which may be extended at the discretion of the two Governments.

Paragraph 1. The Mixed Commission referred to has no police powers, administrative functions or juridical competence in the territories under the jurisdiction of the High Contracting Parties whose authority shall be fully exercised therein.

Paragraph 2. However, if in the execution of the agreements above mentioned, which form an integral part of this treaty, there should arise any disputes due to acts or decisions which may imply a violation of any of the above mentioned agreements or which may refer to the interpretation of them or to the nature or extension of the reparations due for the breaking of one of them, and such conflicts should be brought by the interested parties to the attention of the commission,-the latter will transmit them, together with its report, to the two Governments so that they may take adequate measures in common agreement.

Paragraph 3. In the absence of such an understanding and after a period of ninety days has elapsed, counting from the date of the communication to the two Governments, the dispute shall be settled by the Commission. Either of the two Governments may appeal, within a period of thirty days, from this decision, to the Permanent Court of International Justice at The Hague.

Paragraph 4. The two Governments shall request the Government of Brazil to cooperate in the composition of the commission.

Article 7. Colombia and Perú solemnly obligate themselves not to make war nor directly nor indirectly to employ force as a method for the settlement of their present problems or of any others which may arise in the future. If in any eventuality they should not succeed in settling them through direct diplomatic negotiations, either of the High Contracting Parties may appeal to the procedure established by Article 36 of the Statute of the Permanent Court of International Justice, without the latter's jurisdiction being excluded or limited by the reservations which either of them may have made in the act of signing the optional clause.

Sole Paragraph. In this case, the decision having been announced, the High Contracting Parties obligate themselves to come to an agreement regarding the methods for its realization. Should they not reach an agreement, there are conferred upon the Court, in addition to its ordinary competence, the powers necessary to carry out the decision in which it has declared the right of one of the High Contracting Parties.

Article 8. The present Protocol and the agreements referred to in Article 4, shall be submitted within the shortest period possible, to the ratification of the Legislative Power of the High Contracting Parties, without prejudice to the immediate application of all the measures, according to such constitutional law of each of them, as

does not depend upon the previous approval of the Power above mentioned.

Article 9. The exchange of the instruments of ratification of the present Protocol and of the additional act which accompanies it, shall be effected within the shortest time possible, before December 31st of the current year.

In faith of which the Plenipotentiaries above mentioned have signed the present Protocol and have affixed their seals, in two copies at the City of Rio de Janeiro on the 24th day of May, 1934.

ADDITIONAL ACT WHICH CONSTITUTES AN INDIVISIBLE WHOLE WITH THE PROTOCOL SIGNED UPON THIS DATE BY THE DELEGATIONS OF PLENIPOTENTIARIES OF COLOMBIA AND PERÚ, TO WHICH ARTICLES 4 AND 6 OF SAID PROTOCOL REFER

Article 1. Entire freedom of transit and navigation shall exist between the fluvial territories of Colombia and Perú, in the valleys of the Amazon and Putumayo. In the exercise of this freedom there shall be no distinction between flags. There also shall be no distinction between the nationals of either of the Contracting States, nor between individuals, who, coming from one of the States, may proceed to the territory of the other, nor between their property or possessions. In either of the States the nationals of both States shall be treated upon a basis of perfect equality. No distinction can be made by reason of the origin or destination or address of consignments.

Article 2. Colombian craft in Perú and Peruvian craft in Colombia navigating their common rivers, tributaries and confluents are exempt from every impost whatever its origin or name.

Article 3. Coast wise commerce or that from port to port of the same country, even though passing through foreign waters, with or without transfer from one vessel to another, shall be subject in each of the two States to its respective laws. The two States shall study the possibility of extending reciprocally, up to a specified boundary from their respective river banks, the advantages and restrictions of their own coast wise navigation.

Article 4. Merchandise in transit shall not be examined by the fiscal or police authorities of either of the countries.

Article 5. In the exercise of the right common to both States to establish provisions and adopt measures required for the general policing of the territory and for the application of laws and regulations regarding the supervision and sanctions over contraband, health, precautions against diseases of animals and plants, emigration and immigration, importation and exportation of forbidden merchandise, it is understood that these provisions and measures