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Legal Effect of Unregistered Treaties in Practice, Under Article 18 of the Covenant

Published online by Cambridge University Press:  12 April 2017

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Abstract

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Type
Editorial Comment
Copyright
Copyright © American Society of International Law 1934

References

1 In 1892, the Institute de Droit International elaborated a draft convention and regulations concerning the creation of an international union for the publication of treaties. Annuaire de I'Institut, 1892-94, pp. 234, 237, 252. An international conference held at Berne in 1894, failed to reach any agreement, however. See Actes de la Conférence diplomatique concernant la création d'une union internationale pour la publication des traités (1894).

2 The League of Nations Treaty Series now comprises 144 volumes containing 3223 numbered instruments. See Hudson, “The Registration and Publication of Treaties,” this Journal, Vol. 19 (1925), pp. 273-292; “The Registration of Treaties of the United States,” id., Vol. 22 (1928), p. 852; “The Registration of Treaties,” id., Vol. 24 (1930), p. 752; “Registration of United States Treaties at Geneva,” id., Vol. 28 (1934), p. 342. 3 See Koenig, Volksbefragung und Registrierung beim Völkerbund (1927), pp. 52-56.

3 See Koenig, Volksbefragung und Registrierung beim Volkerbund (1927), pp. 52-56

4 Ratifications were exchanged at Mexico, D. F., Dec. 29, 1924. An additional convention was signed on March 12, 1927, ratifications being exchanged on Oct. 22, 1927.

5 Mexico became a member of the League of Nations on Sept. 12,1932. See this JOURNAL, Vol. 26 (1932), p. 114.

6 79 League of Nations Treaty Series, pp. 417, 424.

7 The three opinions are reproduced in a volume entitled La Reparation des Dommages causés aux étrangers par des mouvements révolutionnaires, Jurisprudence de la Commission Franco-Mexicaine des Réclamations (1924-1932), published by A. Pedone, Paris, 1933. A précis of the President's opinion is published in Annual Digest of International Law Cases, 1927-28, Case No. 271, pp. 393-394. No final decision was given on the claims of Pablo Nájera; the commission was forced to suspend its work in 1929, and on Aug. 2, 1930, the French and Mexican Governments concluded a new convention by which the convention of 1924 was superseded. Apparently the new convention has not been registered with the Secretariat of the League of Nations; for the text, see Memoria de la Secretaria de Relaciones Exteriores (Mexico), 1929-1930, p. 36. The claim of Pablo Najera was listed in the annex to the 1930 convention, as one of those which were to be decided by a new commission, and the listing indicates that the claim was considered admissible in view of the determination of the nationality of Pablo Nájera by the earlier decision. The claim by Pablo Najera was finally denied by the new commission. See id., 1931-1932, Appendix, p. 697.

8 La Réparation des Dommages, p. 160. Apparently, agreements between Mexico and certain other states creating claims commissions, were not registered, though their work proceeded without the point being raised

9 For the text, see Conference on Central American Affairs (Washington, 1923), p. 287; 2 Hudson, International Legislation, p. 901; Supplement to this Journal, Vol. 17 (1923), p. 117.

10 U. S. Treaty Information Bulletin, No. 39, p. 4.

11 98 Diario Oficial(El Salvador), p. 1216.

12 Art. 1 reads as follows: The Republics of Central America consider as the first of their duties, in their mutual relations, the maintenance of peace; and they bind themselves always to observe the most complete harmony and to decide any differences or difficulties that may arise amongst them, in conformity with the conventions which they have signed on this date for the establishment of an International Central American Tribunal and for the establishment of International Commissions of Inquiry.

13 Art. 2 reads as follows: Desiring to make secure in the Republics of Central America the benefits which are derived from the maintenance of free institutions and to contribute at the same time toward strengthening their stability, and the prestige with which they should be surrounded, they declare that every act, disposition or measure which alters the constitutional organization in any of them is to be deemed a menace to the peace of said republics, whether it proceed from any public power or from the private citizens. Consequently, the governments of the contracting parties will not recognize any other government which may come into power in any of the five republics through a coup d'ttat or a revolution against a recognized government, so long as the freely elected representatives of the people thereof have not constitutionally reorganized the country. And even in such a case they obligate themselves not to acknowledge the recognition if any of the persons elected as President, Vice-President or Chief of State designate should fall under any of the following heads: (1) If he should be the leader or one of the leaders of a coup d'état or revolution, or through blood relationship or marriage, be an ascendant or descendant or brother of such leader or leaders. (2) If he should have been a Secretary of State or should have held some high military command during the accomplishment of the coup d'état, the revolution, or while the election was being carried on, or if he should have held this office or command within the six months preceding the coup d'état, revolution, or the election. Furthermore, in no case shall recognition be accorded to a government which arises from election to power of a citizen expressly and unquestionably disqualified by the Constitution of his country as eligible to election as President, Vice-President or Chief of State designate.

14 Art. 5 reads as follows: The contracting parties obligate themselves to maintain in their respective Constitutions the principle of non-reelection to the office of President and Vice- President of the republic; and those of the contracting parties whose Constitutions permit such reelection, obligate themselves to introduce a constitutional reform to this effect in their next legislative session after the ratification of the present treaty.

15 Boletîn del Ministerio de Relaciones Exteriores (El Salvador), 1925, p. 248.

16 Id p. 249.

17 Costa Rica ceased to be a member of the League of Nations on Jan. 1, 1927.

18 112 Diario Oficial,p. 197.

19 113 id.,p. 2333.

20 Memoria (Relaciones Exteriores, etc.), Feb. 22, 1933, p. 15.

21 115 Diario Oficial,pp. 1826, 1835.

22 U. S. Treaty Information Bulletin, No. 39, p. 4.

23 U. S. Department of State Press Releases, Jan. 27, 1934, p. 51. The Government ofthe United States, though not a party to the Central American Treaty of 1923, had followed a policy based on its provisions; on Jan. 24, 1934, it established normal relations with the Government of El Salvador, however.

24 The court has exercised jurisdiction in several cases in which the jurisdiction was based upon an unregistered special agreement between states members of the League of Nations. Indeed, only the special agreement relating to the Case of the Brazilian Loans and that relating to the Jurisdiction of the International Commission of the Oder have been registered.

25 Series A, No. 2, p. 33.

26 28 League of Nations Treaty Series, p. 203.

27 Series B, No. 11.

28 116 League of Nations Treaty Series, p. 5.

29 League of Nations Official Journal, 1922, pp. 97,145. See, also, the advisory opinion on the Jurisdiction of Danzig Courts, in which the court expressed an opinion that the Danzig courts had jurisdiction to apply the unregistered Beamtenabkommen of Oct. 22,1921. Series B, No. 15.