710.11/2–1245
The Honduran Ambassador (Cáceres) to the Assistant Secretary of State (Rockefeller)
Esteemed Mr. Rockefeller: I have had the honor to receive your courteous note71 by which you do me the distinction of requesting my opinion concerning the points set forth in the memorandum71 with which you were good enough to acquaint me.
In a general way, and in the form of an impression of the undersigned, and without entering into other commentaries that would make this reply too long, I am pleased to refer to these points, in the order in which they appear:
I. One of the most appropriate means of strengthening the inter-American system with a view to solving problems that arise would be that of broadening, with more immediate effectiveness, the powers of the Pan American Union, for which purpose it would be necessary to amend the convention which constitutes it.
II.In America we have a peace organization, so to speak, outlined in various conventions, treaties and agreements. This organization concerns itself with good offices, mediation, consultation and arbitration as effective means of resolving difficulties between American states; so that in the establishment, in the international organization which it is proposed to create, of the recognition of regional systems—we might say the “inter-American regional system”—it would be reasonable to believe that an attempt would be made to settle all these disputes, in the first place, by those diplomatic, international and juridical means which the inter-American system offers, before such disputes were submitted to the said new organization. Naturally, if it should be a question of a threat to peace between two or more countries [Page 33] of America, the organization would need to have authority in the final analysis in order that peace might be maintained or might not be interrupted.
Points “a”, “b”, “c”, and “d” are connected in general with the foregoing replies.
The statutes of an International Court, as an integral part of the system of a new international organization, could provide that if one or more American states should find themselves in an impasse in resolving their difficulties or controversies that have not been submitted beforehand to an international procedure such difficulties or controversies should be obligatorily submitted to the jurisdiction of a Supreme Court of International Justice. This of course would imply that arbitral decrees must be strictly complied with in America, and that treaties signed and decisions handed down must have an obligatory character backed in every case by the necessary compulsion, duly stipulated beforehand.
One of the aspirations in the evolution of international law has been to establish obligatory arbitration for every kind of dispute, whether of a judicial or of a political character. The orthodox theory of the untouchability of sovereignty has now given way to the inevitable political and economic interdependence of nations and, consequently, one may believe that there is no longer any exclusive matter involving such sovereignty that could not be submitted for an arbitral decree or a decision of an international court: it being understood, of course, that in all these new settlements there should be no retroactive jurisdiction whatever in those matters which might now be subject to a decree or decision.
III. Although it is true that international cooperation is a universal principle, here in America it has had a special meaning with respect to the twenty-one republics of the western hemisphere, and, consequently, it would be necessary to remember that the provisions which might be made in the new organization for international economic and social cooperation would need to be directed toward strengthening and encouraging understandings of reciprocal aid, already in practice throughout the length of the American continent. Here in America there already exist organizations which, like the Permanent Committee on Food and Agriculture—about to be signed—and the International Currency Stabilization Fund and the International Bank, could be factors of liaison, in certain aspects, for implementing such economic cooperation and relating the aims of economic cooperation of the new organization with the same economic and social aims of the inter-American system, without prejudice to each regional agency or system’s maintaining its own status.
[Page 34]IV. In view of the new international organization in process of creation, it would be appropriate to coordinate or readjust certain inter-American principles and doctrines which, although based on international law have a certain regional special character, to the provisions or regulations of the said new organization. Naturally, the object of the coordination achieved would be not only to place certain fundamental principles of the two systems in accord, but also to strengthen the inter-American system, which is one of the most admirable collective experiments among sovereign states that have been made to date.
With reference to the first point of this number IV, there are certain committees charged with the codification of international law, but one could believe that the Inter-American Commission of Jurists, if furnished more means, would be capable of accomplishing such codification.
In respect to the coordination of the various inter-American peace agreements, it is natural to suppose that one of the inter-American conferences would, after respective study with the governments, come to a decision on this matter.
The inter-American conferences have been operating under a pre-established procedure and it would be desirable if they were kept as they have been to elate, like the consultative meeting of Ministers of Foreign Relations.
It is natural to admit that for unity of action, of knowledge, and of technical consultation, the autonomous and semi-autonomous organizations that have arisen from the various inter-American conferences will refer their decisions and acts to the Pan American Union as the center of informative compilation.
With respect to points 6 and 7, it is advisable for the Pan American Union to be the liaison organization or catalytic agent, so to speak, between the authority that is vested in the Security Council and the pursuit of its aims that may be connected, in one way or another, with the functioning of the inter-American system in the western hemisphere.
With reference to point 6, there is no doubt that organizations like the Inter-American Financial and Economic Advisory Committee and the Inter-American Commission of Jurists should continue definitively to strengthen their functions, structure, aims and connections, for it has already become evident that the functioning of such organizations effectively complements the aims of the Pan American Union and guides the course and resolution of various inter-American studies and problems.
It cannot be doubted that the Pan American Union has carried on and still carries on, among the twenty-one American republics, a work [Page 35] of transcendental importance; and its powers and jurisdiction in the economic-cultural field and in that of reciprocal relations have been so broadened that it has now become evident that, in view of the new international organization for world peace and security being planned, the Pan American Union should now have specific powers for the operation of the machinery of peace which has been created by statute in various treaties and conventions.
The same is true with respect to representation of the Pan American Union in the said new peace organization, for which purpose it would be appropriate to revise the convention creating the Pan American Union and have it immediately ratified by all the respective Governments.
As I explained at the beginning of this note, the foregoing remarks are of a general and informal character; and, although they contribute nothing new, they bear in themselves, with an expression of thanks at the same time, the intention of accepting the flattering invitation which the Honorable Mr. Rockefeller has made to me by placing before me a series of questions which, being so intelligent and well-ordered, precisely reveal an exact comprehension of the problems to be discussed in the future, both among and within the American republics.
With the assurances of my highest consideration [etc.]