ARBITRATION Treaty signed at Washington March 20, 1929 Senate advice and consent to ratification May 22, 1929 Ratified by the President of the United States June 4, 1929 Ratified by Belgium July 22, 1930 Ratifications exchanged at Washington August 25, 1930 Entered into force August 25, 1930 Proclaimed by the President of the United States August 25, 1930 46 Stat. 2790; Treaty Series 823 The President of the United States of America and His Majesty the King of the Belgians 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: Frank B. Kellogg, Secretary of State of the United States of America; and His Majesty the King of the Belgians: His Highness Prince Albert de Ligne, His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States of America; Who, having communicated to each other 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 justifiable 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, 1907,1 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 Belgium in accordance with the constitutional laws of Belgium. 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 Belgium 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 His Majesty the King of the Belgians in accordance with the Constitution. 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 French languages, both texts having equal force, and hereunto affixed their seals. Done at Washington the 20th day of March, one thousand nine hundred and twenty-nine. FRANK B. KELLOGG P. ALBERT DE LIGNE [SEAL] [SEAL] 1TS 536, ante, vol. 1, p. 577. CONCILIATION Treaty signed at Washington March 20, 1929 Senate advice and consent to ratification May 22, 1929 Ratified by the President of the United States June 4, 1929 Ratified by Belgium July 22, 1930 Ratifications exchanged at Washington August 25, 1930 Entered into force August 25, 1930 Proclaimed by the President of the United States August 25, 1930 46 Stat. 2794; Treaty Series 824 The President of the United States of America and His Majesty the King of the Belgians, 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: Frank B. Kellogg, Secretary of State of the United States of America; and His Majesty the King of the Belgians: His Highness Prince Albert de Ligne, His Majesty's Ambassador Extraordinary and Plenipotentiary to 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 Belgium, 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 prescribed in the next succeeding Article; and they agree not to resort with respect to each other to any act of force during the investigation to be made by the Commission and before its report is handed in. ARTICLE II The International Commission shall be composed of five members, to be appointed as follows: Each Government shall appoint a member from among its nationals; the other three members, including the President, shall be appointed in common accord, it being understood that they shall not be under the jurisdiction of either one of the two countries. 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 His Majesty the King of the Belgians in accordance with the Constitution. 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 French languages, both texts having equal force, and hereunto affixed their seals. Done at Washington the 20th day of March, one thousand nine hundred and twenty-nine. BATTLE MONUMENTS Agreement signed at Paris October 4, 1929 Ratified by the President of the United States January 11, 1930, by authority of an Act of Congress of March 4, 1923 Ratified by Belgium April 8, 1930 Ratifications exchanged at Brussels April 17, 1930 Entered into force April 17, 1930 Proclaimed by the President of the United States April 23, 1930 46 Stat. 2732; Treaty Series 812 AGREEMENT CONCLUDED BETWEEN THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND BELGIUM COVERING THE ERECTION BY THE AMERICAN BATTLE MONUMENTS COMMISSION OF CERTAIN MEMORIALS IN BELGIUM This Agreement made at Paris, on October 4, 1929, by and between the Government of the United States of America, represented by General John J. Pershing, of the American Battle Monuments Commission, party of the first part, and the Royal Belgian Government, represented by Baron E. de Gaiffier d'Hestroy, Belgian Ambassador in Paris, party of the second part, for the acquisition by the Royal Belgian Government of lands intended as sites for monuments which the American Battle Monuments Commission is to erect in Belgium, in accordance with and by authority of the Act of Congress of the United States approved March 4th., 1923,2 entitled “An act for the creation of an American Battle Monuments Commission to erect suitable memorials, commemorating the services of the American soldiers in Europe and for other purposes", witnesseth that: ARTICLE 1 The Belgian Government will acquire, by mutual agreement with the proprietors, the lands necessary for the erection of the American memorials. ARTICLE 2 The negociations with the owners or tenants for the cession of the said lands will be pursued by the American Battle Monuments Commission, who 1 10 UST 2124; TIAS 4383. 2 42 Stat. 1509. |