Office of the Historian

Doc. No. 9 (P).

Memorandum on the Clauses of the Draft Peace Treaty Concerning the Congo Basin (Art. 35.)

undated

Article 35

Article 35 of the Draft Peace Treaty provides that: “Italy undertakes to accept and recognises any arrangements which may be made by the Allied and Associated Powers concerned for the modification of the Congo Basin Treaties with a view to bringing them into accord with the Charter of the United Nations”.

Italy is a contracting party to the international agreements concerning the Congo Basin: i.e., the Berlin Act of February 26, 1885, the Brussels Act of July 2, 1890 and the St. Germain Convention of September 19, 1919. By Article 35 Italy undertakes to accept any modification which might at any time in the future be brought to said agreements: and this even after Italy’s admission to the United Nations.

Article 35 would thereby limit the rights which Italy should enjoy as a member of the United Nations.

It would therefore seem expedient to complete Article 35 by a second paragraph stating that:

“Nevertheless, Italy, being a contracting party to the Berlin Act, to the Brussels Act and to the Declaration thereto attached as well as to the St. Germain Convention, shall, after her admission to the United Nations, be invited to take part in any future agreement on this subject.”