PROMOTION OF PEACE ARBITRATION, CONCILIATION, AND JUDICIAL Brazil SETTLEMENT PERMANENT COURT OF ARBITRATION 1 1 The American Ambassador to Brazil reported by a despatch dated November 22, 1937, that the Brazilian Government had reappointed Dr. Clovis Bevilaqua as a member of the Permanent Court of Arbitration. The appointment is for a period of 6 years and will terminate on September 13, 1943. Cuba According to a communication dated November 18, 1937, from the Secretary of the Permanent Court of Arbitration the Cuban Government has appointed Mr. Antonio Sanchez de Bustamante y Sirven, Doctor of Law, Professor of International Law in the University of Habana, as a member of the Court to take the place of Mr. Ricardo Dolz y Arango, deceased. PERMANENT COURT OF INTERNATIONAL JUSTICE ARTICLE 36 OF THE STATUTE OF THE PERMANENT COURT OF INTERNATIONAL There is printed below the text of a circular letter dated November 18, 1937, with its enclosure, from the Secretary General of the League of Nations concerning the signature of a new declaration by Colombia and deposit of an instrument of ratification relating to this declaration of acceptance of the optional clause provided in article 36 of the Statute of the Permanent Court of International Justice: "With reference to my previous communications regarding the signature of a new Declaration supplementing that made by Colombia on January 6th, 1932, and, in the last instance, to my letter C.L.133.1937.V., dated Geneva, July 24th, 1937, I have the honour to inform you that Professor J. M. Yepes, Legal Adviser of the Permanent Delegation of Colombia to the League of Nations, signed, on October 30th, 1937, a new Declaration of acceptance of the Optional Clause recognising the jurisdiction of the Court, as provided in Article 36 of the Statute annexed to the Protocol for Signature of the Permanent Court of International Justice (Geneva, December 16th, 1920). "This Declaration is as follows: “‘(Translation) ""The Republic of Colombia recognises as compulsory ipso facto and without special agreement, on condition of reciprocity, in relation to any other State accepting the same obligation, the jurisdiction of the Permanent Court of International Justice, in accordance with Article 36 of the Statute. ""The Present Declaration applies only to disputes arising out of facts subsequent to January 6th, 1932.' "I have also the honour to inform you that Professor J. M. Yepes deposited on October 30th, 1937, an instrument of ratification by His Excellency the President of the Republic of Colombia relating to the new Declaration of acceptance quoted above. "I enclose a certified true copy of the Procès-Verbal relating to this deposit, drawn up between the Legal Adviser of the Permanent Delegation of Colombia to the League of Nations and the Legal Adviser of the Secretariat." (Translation) [Enclosure] Proces-Verbal of the Deposit of a New Instrument of Ratification by Colombia of the Declaration of Acceptance of the Optional Clause Concerning the Statute of the Permanent Court of International Justice (Geneva, December 16th, 1920) Whereas the Delegate of the Government of Colombia signed on January 6th, 1932, a Declaration of Acceptance of the Optional Clause recognising the jurisdiction of the Court, as provided in Article 36 of the Statute annexed to the Protocol of Signature of the Permanent Court of International Justice, opened for signature at Geneva on December 16th, 1920, which Declaration was as follows: "The Republic of Colombia recognises as compulsory ipso facto and without special agreement, on condition of reciprocity, in relation to any other State accepting the same obligation, the jurisdiction of the Permanent Court of International Justice, in accordance with Article 36 of the Statute." And whereas the said Delegate of the Government of Colombia deposited on the same date the instrument of ratification of the aforesaid Declaration, and the deposit was brought to the notice of the Governments by a letter from the Secretary-General of the League of Nations, C.L.2.1932.V, dated January 18th, 1932; And whereas the Permanent Delegate of Colombia to the League of Nations informed the Secretariat of the League, by a Note of August 3rd, 1936, No. 450, that there was an omission in the aforesaid Declaration and in the instrument of ratification of His Excellency the President of the Republic of Colombia, as the said Declaration was to be made subject to a reservation concerning disputes prior to January 6th, 1932; And whereas the Delegate of Colombia informed the Secretariat, in a letter dated September 16th, 1930, that the law passed by Colombia to enable His Excellency the President of the Republic to proceed to the ratification of the Optional Clause provided that the said ratification was to be made subject to the aforesaid condition; And whereas the Permanent Delegate of Colombia requested the Secretariat in his letter of August 3rd, 1936, to inform the Governments Parties to the Optional Clause that the Government of the Republic of Colombia considered that the Declaration of January 6th, 1932, was to be regarded as having been made with the reservation mentioned above, and that, in order to avoid any misunderstanding, the said Government proposed to add to its original Declaration the following: "In accordance with Article 2 of Law No. 38 of 1930, authorising the President of the Republic to accept the compulsory jurisdiction of the Court as provided in Article 36 of its Statute, this declaration is made with a reservation concerning disputes prior to January 6th, 1932, the date on which it was signed." And whereas the desire of the Government of the Republic of Colombia was made known to the States Parties to the Optional Clause on August 27th, 1936, by letter C.L.153.1936.V, and the Secretariat of the League of Nations has received replies from two Governments accepting the proposed modification that of the Federal Government of Austria (see C.L.177.1936.V of October 8th, 1936) and that of the Government of Peru (see C.L.228 1936.V of December 19th, 1936); And whereas the Secretary of the Permanent Delegation of Colombia to the League of Nations informed the Secretary-General of the League, by a letter dated July 16th, 1937, No. 592, that the Colombian Government, with a view to supplementing its Declaration of January 6th, 1932, and thus correcting the involuntary error made when it was drawn up, would formally deposit with the Secretariat, on October 30th, 1937, the addition to the instrument of ratification of the Statute of the Permanent Court of International Justice, and would add the following to the Declaration of January 6th 1932: "This Declaration is made with a reservation concerning disputes prior to January 6th, 1932." And whereas the Secretary-General of the League of Nations, in his letter C.L.133.1937.V of July 24th, 1937, communicated to the interested States the Note from the Secretary of the Permanent Delegation of Colombia, mentioned in the preceding paragraph, and no reply from any of the said States has been received by the Secretariat of the League up to this day, October 30th, 1937; And whereas the Legal Adviser of the Permanent Delegation of Colombia to the League of Nations, duly accredited, has deemed it. desirable to proceed this day, October 30th, 1937, on the basis of the foregoing paragraphs, to the signature of a new Declaration. of Acceptance of the Optional Clause recognising the jurisdiction of the Court, as provided in Article 36 of the Statute annexed to the Protocol of Signature of the Permanent Court of International Justice, opened for signature at Geneva on December 16th, 1920, the said Declaration being as follows: "The Republic of Colombia recognises as compulsory ipso facto and without special agreement, on condition of reciprocity, in relation to any other State accepting the same obligation, the jurisdiction of the Permanent Court of International Justice, in accordance with Article 36 of the Statute. "The present declaration applies only to disputes arising out of facts subsequent to January 6th, 1932." 39889-38-2 |