1 For a complete outline of major events and a brief history of the OAS, see Inter-American Institute of International Legal Studies, The Inter-American System; Its Development and Strengthening (Dobbs Ferry, N.Y.: Oceana Publications, Inc., 1966).

2 The Eighth Meeting of Consultation of Ministers of Foreign Affairs, in amplication of the Rio Treaty, decided that “the adherence of any member of the Organization of American States to the Marxist-Leninist ideology was incompatible with the Inter-American System, and that the present Government of Cuba, which has officially identified itself with a Marxist-Leninist Government, is incompatible with the principles and objectives of the Inter-American System.” Therefore, the present government of Cuba was excluded from participation in the OAS. However, the exclusion is only of the “present Government” headed by Fidel Castro; in a legal sense, then, the state of Cuba and the people thereof are still members of the Organization. For details, see The Eighth Meeting of Consultation of Ministers of Foreign Affairs, Punta del Este, January 1962, Resolution VI.

3 Trinidad and Tobago has been admitted to the Organization by the decision made at the special meeting of the Council held February 23, 1967, in Buenos Aires. For a complete text of the decision, see Council of the OAS, Doc. No. Council Series OEA/Ser.G/III, C-sa-626 (English), February 23, 1967.

4 Under the proposed amendment, there will also be two types of General Assembly sessions: annual session (Article 55) and special session (Article 56).

5 Article XIII of OAS, Protocol of Amendment to the Charter of the Organization of American States (Doc. No. Series Sobre Tratados I-A; OEA/Ser.A/ 2[SEFP]Add.), pp. 49-96, reads: “Chapter X entitled ‘Inter-American Conference’ shall be replaced by a Chapter XI entitled ‘The General Assembly’ and consisting of Articles 52 to 58, inclusive ….” For further details, see p. 66.

6 The Eighth Inter-American Conference, Resolution II, the text of which may be found in OAS, Final Act, Eighth Inter-American Conference, Lima, Peru (Washington, D.C.: Pan American Union, 1938).

7 According to the Special Committee's report dated October 23, 1947 (“Informe de la Comisión Especial del Consejo Directivo de la Unión Panamericana sobre la Cuestión de Observadores en las Conferencias ínter-americanas”) and approved by the Governing Board on November 5, 1947, there is no need to establish the formal status of “observer” at the Meetings of Consultation of Ministers of Foreign Affairs, and, furthermore, the invitation extended to the United Nations is primarily to enable that organization to keep its members posted on inter-American developments. This information is based on “Memorandum prepared by the Division of Conferences and Organizations at the Secretary- General's request dealing with the problem of ‘Representation of World Agencies and of Governments not included within the Structure of the OAS at Inter- American Meetings’,” unpublished, unnumbered publication obtainable at the Pan American Union, Washington, D.C.

8 Ibid.

9 Article 34 of the Charter, which becomes Article 54, Chapter XI, under the proposed amendment, reads: “All Member States have the right to be represented at the Inter-American Conference. Each State has the right to vote.” Article 54, Chapter XI under the proposed amendment reads alike except that “Inter-American Conference” is changed to “The General Assembly.”

10 The text of Resolution XXXIX may be seen in the Final Act, Ninth Inter-American Conference, Bogotá, 1948, which reads (in Section 1): “That in each case the United Nations shall be invited to be represented at the Inter-American Conferences and Meetings of Consultation of Ministers of Foreign Affairs … in order that the Members of the world organization may be kept informed.” In accordance with this resolution, the United Nations was represented at the Caracas Conference (1954) by no less than the Secretary-General Mr. Dag Hammarskjöld. For further details on this point, see Charles G. Fenwick, The Organization of American States: The Inter-American System (Washington, D.C: Kaufmann Printing Inc., 1963), p. 532.

11 As is discussed later, the Council will become known as “Council of the Organization.”

12 For an explanation of agréation and agrément, see Elmer Plischke, Conduct of American Diplomacy (2nd ed.; Princeton, N.J.: D. Van Nostrand Co., Inc., 1961), pp. 293-95.

13 For instance, in the case of the Second Special Inter-American Conference, held in Rio in 1965, Article 9 of the conference regulations includes the following passage: “The Secretary-General of the Organization may, with the prior authorization of the Council and in consultation with the government of the host country, arrange for the representatives of governments of non-American states that are members of the United Nations or its specialized agencies and the representatives of international agencies interested in the Conference to be granted facilities and courtesies for attending the Conference, so that they may follow the course of its work.” For further detail on the overall aspect of the Second Special Inter-American Conference see OAS, Second Report of the Committee on Preparations for Conference (Doc. No. OEA/Ser.G/IV; C-i-698 [English] rev.; February 3, 1965), p. 5.

14 These organizations are:

Inter-American Specialized Organizations:

Specialized Organizations of the United Nations:

Although the General Agreement on Tariffs and Trade and the International Atomic Energy Agency maintain cooperative relations with the OAS, the former maintains such relations with the Inter-American Economic and Social Council, and the latter with the Inter-American Nuclear Energy Commission only.

As an example of these agreements, the substance of which is almost identical, see OAS, Agreements between the OAS and the International Labor Organization (Conference and Organization Series, No. 8; Washington, D.C.: Pan American Union, 1951).

The above list is based on Organización de los Estados Americanos, Organismos con los Cuales la Organización de los Estados Americanos Ha Establecido Relaciones de Cooperación (unnumbered publication; Washington, D.C.: Union Panamericana, 1961), pp. 1-2, 4-5.

15 Complete information regarding general standards and degree of participation permitted, as well as legal provisions and matters relative to nongovernmental organizations, can be seen in OAS, Provisions Governing the Establishment of Relations Between the Council of the OAS or Its Organs and Non-governmental Organizations (Conference and Organization Series, No. 49; Washington, D.C.: Pan American Union, 1956).

16 Standard to be applied in the formulation of agreements or special arrangements between the Council and its organs and nongovernmental organizations, as approved by the Council of the OAS at the meeting held April 21, 1949. This document may be seen in ibid., pp. 13-15.

17 Ibid.

18 “Memorandum prepared by the Division of Conferences and Organizations…”, p. 4.

19 The title of this organ remains unchanged under the proposed amendment to the Charter.

20 “Memorandum prepared by the Division of Conferences and Organizations …”, p. 4.

21 Final Act of the Ninth Meeting of Consultation of the Ministers of Foreign Affairs (no document number given; Washington, D.C: Pan American Union, 1964), p. 4.

22 Interview with Dr. Francisco Orrego, cited under Table 2.

23 Telephone inquiry to Mr. Manuel Canyas, Deputy Director, Department of Legal Affairs, Pan American Union, Washington, D.C, March 8, 1964.

24 According to the proposed amendment, the Council will be known as The Permanent Council of the Organization.

25 Article 61 of the Charter of the OAS. While the proposed amendment will make certain significant structural changes, the ideals of maintaining close cooperation with other national or international organizations are retained. See, for instance, Article 95(d) for the Inter-American Economic and Social Council, Article 10 (k) for the Inter-American Council for Education, Science, and Culture, and Article 109 for the Inter-American Juridical Committee.

26 Article 100 of the Charter. See also Article 135 of the proposed amended Charter.

27 Fenwick, The Organization of American States, p. 533, and for further discussion on Latin American Free Trade Association see Miguel S. Wionzek, “Latin American Free Trade Association,” International Conciliation, No. 551 (January, 1965), pp. 3-18.

28 Fenwick, op. cit., pp. 535-36.

29 Ibid.

30 Basic Documents of the Pan American Health Organization (4th ed.; Washington, D.C.: Pan American Organization, 1963), p. 41.

31 Canadian participation is not based on membership in the Organization but rather on Canada's membership in the United Nations, and in particular her membership in the World Health Organization. Therefore, Canadian participation in this instance should not be viewed as a deviation from the general rule of member and nonmember differentiation.

32 OAS Report, 1954-1959 (Washington, D.C.: Pan American Union, 1960), p. 73.

33 Fenwick, op. cit., pp. 540-41.

34 Article 93 defines the Inter-American Specialized Conferences, and Articles 53-b, 83 a-b, and 94 deal with the general function and activities of such conferences. Under the proposed amendment, Articles 128 and 129 deal with the same matters.

35 “Memorandum prepared by the Division of Conferences and Organizations…,” p. 5.

36 Final Act, Ninth Inter-American Conference, Bogotá, 1948, Resolution XXXIX, Section 2.

37 “Memorandum prepared by the Division of Conferences and Organizations…,” p. 6.

38 This information is based on the “Report on Standards for Inter-American Specialized Conferences, Submitted by the Committee on Inter-American Conferences” (unpublished work identified by Council Series OEA/Ser.G/IV; C-i-569 [English] Rev. 2; June 20, 1962), p. 5.

39 In intergovernmental conferences all delegations represent their respective governments and vote in their name. Technical conferences have as their objective to deal with special matters or to develop determined aspects of inter-American cooperation. Conferences of common interest deal with matters of general interest to the American community; they are open to the participation of all states that are members of the Organization. These are the definitions offered by OAS, Standards With Respect to Specialized Conferences (Conferences and Organization Series, No. 18; Washington, D.C.: Pan American Union), pp. 2-3.

40 These refer to the treaties and conventions in force as well as the resolutions approved at the meetings of the specialized conferences. Ibid.

41 “Memorandum prepared by the Division of Conferences and Organizations…”, p. 8.