the American Republic had taken note of the resolution of the Constituent Assembly of Albania concerning the establishment of the Monarchical régime in Albania and the elevation to the throne of His Majesty, Zog I, King of the Albanians. This act of cordial friendship on the part of your honorable Government, recognizing, among the first, the new régime in Albania, is very much appreciated by the Royal Government and the Albanian people, who see in it one more testimonial of the sympathetic sentiments of the great Republic towards Albania. I pray that Your Excellency be kind enough to interpret to His Government the warmest thanks and the profoundest gratitude of the Royal Government for this amiable action on the part of the Government of the Republic, an action which will add new forces to the cordial relations which exist so happily between our two countries. I beg Your Excellency to kindly accept the assurances of my very high consideration. The President of the Council, I have [etc.] K. Kotta CHARLES C. HART TREATIES OF ARBITRATION AND CONCILIATION BETWEEN THE UNITED STATES AND ALBANIA, SIGNED OCTOBER 22, 1928 711.7512A/2: Telegram The Secretary of State to the Minister in Albania (Hart) WASHINGTON, April 24, 1928-6 p. m. 10. The Secretary today handed to the Albanian Minister a draft of a proposed treaty of arbitration between the United States and Albania. The provisions of the draft operate to extend the policy of arbitration enunciated in the Arbitration Convention concluded in 1908 between the United States and several other countries. The language of the draft is identical in effect with that of the arbitration treaties recently signed with France and Italy " and with the draft arbitration treaty already submitted to other governments in the general program for the extension of these principles. 11 The Secretary also handed to the Minister a proposed draft of a conciliation treaty modeled after so-called Bryan treaties signed by the United States with many countries in 1913 and 1914. Full texts are being forwarded in next pouch.12 12 Drafts not printed; both treaties were signed without change. KELLOGG 711.7512A/10 The Albanian Minister (Konitza) to the Secretary of State [WASHINGTON,] October 9, 1928. SIR: With reference and as a sequel to my letter dated July 31, 1928,1 I have the honor to inform you that I have now received instructions to sign both the Treaty of Arbitration and the Treaty of Conciliation, and also the Treaty for the Renunciation of war. have the honor to enclose a copy of the documents appointing me a Plenipotentiary for the signing of these treaties. I have the Albanian texts ready. I My Government having asked me to pay as soon as possible a visit to Tirana in connection with some internal affairs, I shall wait for the signing of these treaties and I will take them with me and hope to bring the ratifications when I come back on December. Awaiting your pleasure, I take [etc.] Treaty Series No. 770 FAIK KONITZA Arbitration Treaty Between the United States of America and Albania, Signed at Washington, October 22, 1928 15 The President of the United States of America and His Majesty the King of the Albanians Determined to prevent so far as in their power lies any interruption in the peaceful relations that have always existed between the two nations; Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them; 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 treaty of arbitration and for that purpose they have appointed as their respective Plenipotentiaries The President of the United States of America: Mr. Frank B. Kellogg, Secretary of State of the United States of America, and 13 Not printed. 14 See pp. 153 ff. 15 In English and Albanian; Albanian text not printed. Ratification advised by the Senate, Dec. 18, 1928 (legislative day of Dec. 17); ratified by the President, Jan. 4, 1929; ratified by Albania, Dec. 27, 1928; ratifications exchanged at Washington, Feb. 12, 1929; proclaimed by the President, Feb. 12, 1929. 237576-42--62 His Majesty the King of the Albanians: Mr. Faik Konitza, Envoy Extraordinary and Minister Plenipotentiary of Albania in the United States of America; 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 been possible to adjust by diplomacy, which have not been adjusted as a result of reference to an appropriate commission of conciliation, 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, 1907,16 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 Albania 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 of the obligations of Albania in accordance with the Covenant of the League of Nations. ARTICLE III The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by Albania in accordance with its constitutional laws. 16 Foreign Relations, 1907, pt. 2, pp. 1181, 1188. 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 and Albanian languages, the English text to have authority in case of conflict between the two texts, and hereunto affixed their seals. Done at Washington the twenty-second day of October in the year one thousand nine hundred and twenty-eight. FRANK B. KELLOGG FAIK KONITZA [SEAL] [SEAL] Treaty Series No. 771 Conciliation Treaty Between the United States of America and Albania, Signed at Washington, October 22, 1928 17 The President of the United States of America and His Majesty the King of the Albanians, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their Plenipotentiaries: The President of the United States of America: Mr. Frank B. Kellogg, Secretary of State of the United States of America; and His Majesty the King of the Albanians: Mr. Faik Konitza, Envoy Extraordinary and Minister Plenipotentiary of Albania in the United States of America; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and concluded the following articles: ARTICLE I Any disputes arising between the Government of the United States of America and the Government of Albania, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to adjudication by a competent tribunal, be submitted for investigation and report to a permanent International Commission constituted in the manner "In English and Albanian; Albanian text not printed. Ratification advised by the Senate, Dec. 20, 1928; ratified by the President, Jan. 4, 1929; ratified by Albania, Dec. 27, 1928; ratifications exchanged at Washington, Feb. 12, 1929; proclaimed by the President, Feb. 12, 1929. prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. ARTICLE II The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportions. The International Commission shall be appointed within six months after the exchange of ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. ARTICLE III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, and they do not have recourse to adjudication by a competent tribunal, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, spontaneously by unanimous agreement offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted. ARTICLE IV The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by Albania in accordance with its constitutional laws. |