Page:United States Statutes at Large Volume 51.djvu/123

 Obligations reaf- The High Contracting Parties reaffirm the obligations entered into to settle, by pacific means, controversies of an international character that may arise between them. Object stated. Article 2.- The High Contracting Parties, convinced of the neces- e,. sity for the co-operation and consultation provided for in the Conven- tion for the Maintenance, Preservation and Reestablishment of Peace signed by them on this same day, agree that in all matters which affect peace on the Continent, such consultation and co-operation shall have as their object to assist, through the tender of friendly good offices and of mediation, the fulfillment by the American Republics of existing obligations for pacific settlement, and to take counsel together, with full recognition of their juridical equality, as sovereign and indepen- dent states, and of their general right to individual liberty of action, when an emergency arises which affects their common interest in the maintenance of peace. f thretion wase Article 3. - In case of threat of war, the High Contracting Parties Ante, p. 15. shall apply the provisions contained in Articles 1 and 2 of the Conven- tion for the Maintenance, Preservation and Reestablishment of Peace, above referred to, it being understood that, while such consul- tation is in progress and for a period of not more than six months, the parties in dispute will not have recourse to hostilities or take any military action whatever. Settlement of dis- Article 4. -The High Contracting Parties further agree that, in the event of a dispute between two or more of them, they will seek to settle it in a spirit of mutual regard for their respective rights, having recourse for this purpose to direct diplomatic negotiation or to the alternative procedures of mediation, commissions of inquiry, commis- sions of conciliation, tribunals of arbitration, and courts of justice, as provided in the treaties to which they may be parties; and they also agree that, should it be impossible to settle the dispute by diplomatic negotiation and should the States in dispute have recourse to the other procedures provided in the present Article, they will report this fact and the progress of the negotiations to the other signatory States. Pending eontrover- These provisions do not affect controversies already submitted to a sl. diplomatic or juridical procedure by virtue of special agreements. Stipulations govern- Article 5.- he High Contracting Parties agree that, in the event g inthe event of that the methods provided by the present Convention or by agree- ments previously concluded should fail to bring about a pacific settle- ment of differences that may arise between any two or more of them, and hostilities should break out between two or more of them, they shall be governed by the following stipulations: ttitude as neu- (a) They shall, in accordance with the terms of the Treaty of Non- 49 stat. 3375. Aggression and Conciliation (Saavedra Lamas Treaty), adopt in their character as neutrals a common and solidary attitude; and shall con- sult immediately with one another, and take cognizance of the out- break of hostilities in order to determine either jointly or individually, whether such hostilities shall be regarded as constituting a state of war so as to call into effect the provisions of the present Convention. fDeariion enotai (b) It is understood that, in regard to the question whether hos- ties in progress. tilities actually in progress constitute a state of war, each of the High Contracting Parties shall reach a prompt decision. In any event, should hostilities be actually in progress between two or more of the Contracting Parties, or between two or more signatory States not at the time parties to this Convention by reason of failure to ratify it, Attitude to be each Contracting Party shall take notice of the situation and shall adopt such an attitude as would be consistent with other multilateral treaties to which it is a party or in accordance with its municipal legis- lation. Such action shall not be deemed an unfriendly act on the part of any state affected thereby. 120 TREATIES

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