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Before the outbreak of the World War, the Division of International Law of the Carnegie Endowment for International Peace undertook the collection of all treaties of arbitration with the view of publishing a series of volumes containing them in a systematic arrangement and in their original languages as well as in English translation where the original text was not in English, but the war effectually stopped the work of collection so far as European countries were concerned. It was practicable nevertheless to continue the collection of treaties between the nations of the American Continent, and it has been decided to issue them in this English edition.
It will be observed that no treaties are included in the volume of a date later than 1910. The reason is that the project was authorized by the Trustees of the Endowment in 1911 by a Resolution limiting the period to be covered to 1910 and it is in pursuance of this Resolution that the work was begun and is now offered to the public.
The work of collecting and editing the treaties has been done by Professor William R. Manning, formerly of the University of Texas and for several years past attached to the Division of Latin-American Affairs of the Department of State at Washington. A counterpart of the present volume in the original languages was also prepared by Professor Manning simultaneously with the preparation of the English version; but the publication of the foreign texts is withheld awaiting the reception of the English version by the interested reading public.
JAMES BROWN SCOTT,
Director of the Division of International Law. WASHINGTON, D.C.,
Thanksgiving Day, 1923.
This collection is designed to include, in so far as it has been practicable, all arbitration treaties, and all arbitral clauses of other treaties, which were signed between or among American nations before the close of 1910 and duly ratified.
Those who have been charged with arranging and editing the collection in its present form have not been able to satisfy themselves that they have located and incorporated all that should be comprised in the collection. The fullest and frankest criticism of this preliminary compilation is invited with reference to the inclusion or exclusion of texts and to the editorial notes, tables of contents, and other devices intended to facilitate the use of the work.
It is especially desired that any omissions noted shall be pointed out. It is probable also that some treaties have been included that never were fully ratified or operative. The purpose of the editor has been to err, where he has erred, on the side of inclusion rather than exclusion. In case positive information has been obtained that either contracting party failed to ratify an agreement which required ratification, or in case it is known that ratifications were never exchanged of an agreement requiring an exchange of ratficiations, it has been rejected. But in case such positive information has not been obtained and it is known that either party ratified the agreement, it has been included, especially when found in the official treaty collections of the contracting states, the known fact or facts concerning ratification being given and the doubts pointed out.
If an agreement specifically states that ratifications shall be unnecessary or if it does not state that ratifications shall be necessary it has been included and these facts pointed out. Some agreements have been included for which no facts concerning ratifications or exchange thereof have been obtained, although they specifically provide for ratification, since positive evidence exists that the arbitration provided for was carried out.
In the citations of sources it will be noticed that in some cases no English source is cited. In all such cases the English translation has been supplied by the Endowment's translators. In some of the English translations which have been copied from printed sources, numerous changes have been made in order to rectify evident errors or improve imperfect translations. Notwithstanding the care that
has been exercised, it is not improbable that imperfect translations will still be found. It is possible that imperfections have in some instances been introduced in the effort to improve existing translations.
In the arrangement of the names of countries in the titles of treaties, the footnotes, the chronological table of contents, and the geographical table, an effort has been made to adhere to a strictly alphabetical arrangement. The commonly accepted abbreviated names of countries have been used instead of the exact legal designations, as, for example, United States instead of United States of America, Mexico instead of United States of Mexico, and Chile instead of Republic of Chile.
WILLIAM R. MANNING.