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Full Text (PDF format) | Signatories and Ratifications
Signed at Bogotá, April 30, 1948
In the name of their peoples, the Governments represented at the Ninth
International Conference of American States have resolved, in
fulfillment of Article XXIII of the Charter of the Organization of
American States, to conclude the following Treaty:
CHAPTER ONE
GENERAL OBLIGATION TO SETTLE DISPUTES BY PACIFIC MEANS
ARTICLE I. The High Contracting Parties, solemnly reaffirming their
commitments made in earlier international conventions and declarations,
as well as in the Charter of the United Nations, agree to refrain from
the threat or the use of force, or from any other means of coercion for
the settlement of their controversies, and to have recourse at all times
to pacific procedures.
ARTICLE II. The High Contracting Parties recognize the obligation to
settle international controversies by regional procedures before
referring them to the Security Council of the United Nations.
Consequently, in the event that a controversy arises between two or more
signatory states which, in the opinion of the parties, cannot be settled
by direct negotiations through the usual diplomatic channels, the
parties bind themselves to use the procedures established in the present
Treaty, in the manner and under the conditions provided for in the
following articles, or, alternatively, such special procedures as, in
their opinion, will permit them to arrive at a solution.
ARTICLE III. The order of the pacific procedures established in the
present Treaty does not signify that the parties may not have recourse
to the procedure which they consider most appropriate in each case, or
that they should use all these procedures, or that any of them have
preference over others except as expressly provided.
ARTICLE IV. Once any pacific procedure has been initiated, whether by
agreement between the parties or in fulfillment of the present Treaty or
a previous pact, no other procedure may be commenced until that
procedure is concluded.
ARTICLE V. The aforesaid procedures may not be applied to matters which,
by their nature, are within the domestic jurisdiction of the state. If
the parties are not in agreement as to whether the controversy concerns
a matter of domestic jurisdiction, this preliminary question shall be
submitted to decision by the International Court of Justice, at the
request of any of the parties.
ARTICLE VI. The aforesaid procedures, furthermore, may not be applied to
matters already settled by arrangement between the parties, or by
arbitral award or by decision of an international court, or which are
governed by agreements or treaties in force on the date of the
conclusion of the present Treaty.
ARTICLE VII. The High Contracting Parties bind themselves not to make
diplomatic representations in order to protect their nationals, or to
refer a controversy to a court of international jurisdiction for that
purpose, when the said nationals have had available the means to place
their case before competent domestic courts of the respective state.
ARTICLE VIII. Neither recourse to pacific means for the solution of
controversies, nor the recommendation of their use, shall, in the case
of an armed attack, be ground for delaying the exercise of the right of
individual or collective self-defense, as provided for in the Charter of
the United Nations.
CHAPTER TWO
PROCEDURES OF GOOD OFFICES AND MEDIATION
ARTICLE IX. The procedure of good offices consists in the attempt by one
or more American Governments not parties to the controversy, or by one
or more eminent citizens of any American State which is not a party to
the controversy, to bring the parties together, so as to make it
possible for them to reach an adequate solution between themselves.
ARTICLE X. Once the parties have been brought together and have resumed
direct negotiations, no further action is to be taken by the states or
citizens that have offered their good offices or have accepted an
invitation to offer them; they may, however, by agreement between the
parties, be present at the negotiations.
ARTICLE XI. The procedure of mediation consists in the submission of the
controversy to one or more American Governments not parties to the
controversy, or to one or more eminent citizens of any American State
not a party to the controversy. In either case the mediator or mediators
shall be chosen by mutual agreement between the parties.
ARTICLE XII. The functions of the mediator or mediators shall be to
assist the parties in the settlement of controversies in the simplest
and most direct manner, avoiding formalities and seeking an acceptable
solution. No report shall be made by the mediator and, so far as he is
concerned, the proceedings shall be wholly confidential.
ARTICLE XIII. In the event that the High Contracting Parties have agreed
to the procedure of mediation but are unable to reach an agreement
within two months on the selection of, the mediator or mediators, or no
solution to the controversy has been reached within five months after
mediation has begun, the parties shall have recourse without delay to
any one of the other procedures of peaceful settlement established in
the present Treaty.
ARTICLE XIV. The High Contracting Parties may offer their mediation,
either individually or jointly, but they agree not to do so while the
controversy is in process of settlement by any of the other procedures
established in the present Treaty.
CHAPTER THREE
PROCEDURE OF INVESTIGATION AND CONCILIATION
ARTICLE XV. The procedure of investigation and conciliation consists in
the submission of the controversy to a Commission of Investigation and
Conciliation, which shall be established in accordance with the
provisions established in subsequent articles of the present Treaty, and
which shall function within the limitations prescribed therein.
ARTICLE XVI. The party initiating the procedure of investigation and
conciliation shall request the Council of the Organization of American
States to convoke the Commission of Investigation and Conciliation. The
Council for its part shall take immediate steps to convoke it.
Once the request to convoke the Commission has been received, the
controversy between the parties shall immediately be suspended, and the
parties shall refrain from any act that might make conciliation more
difficult. To that end, at the request of one of the parties, the
Council of the Organization of American States may, pending the
convocation of the Commission, make appropriate recommendations to the
parties.
ARTICLE XVII. Each of the High Contracting Parties may appoint, by means
of a bilateral agreement consisting of a simple exchange of notes with
each of the other signatories, two members of the Commission of
Investigation and Conciliation, only one of whom may be of its own
nationality. The fifth member, who shall perform the functions of
chairman, shall be selected immediately by common agreement of the
members thus appointed.
Any one of the contracting parties may remove members whom it has
appointed, whether nationals or aliens; at the same time it shall
appoint the successor. If this is not done, the removal shall be
considered as not having been made. The appointments and substitutions
shall be registered with the Pan American Union, which shall endeavor to
ensure that the commissions maintain their full complement of five
members.
ARTICLE XVIII. Without prejudice to the provisions of the foregoing
article, the Pan American Union shall draw up a permanent panel of
American conciliators, to be made up as follows:
a) Each of the High Contracting Parties shall appoint, for three year
periods, two of their nationals who enjoy the highest reputation for
fairness, competence and integrity;
b) The Pan American Union shall request of the candidates notice of
their formal acceptance, and it shall place on the panel of conciliators
the names of the persons who so notify it;
c) The governments may, at any time, fill vacancies occurring among
their appointees; and they may reappoint their members.
ARTICLE XIX. In the event that a controversy should arise between two or
more American States that have not appointed the Commission referred to
in Article XVII, the following procedure shall be observed:
a) Each party shall designate two members from the permanent panel of
American conciliators, who are not of the same nationality as the
appointing party.
b) These four members shall in turn choose a fifth member, from the
permanent panel, not of the nationality of either party.
c) If, within a period of thirty days following the notification of
their selection, the four members are unable to agree upon a fifth
member, they shall each separately list the conciliators composing the
permanent panel, in order of their preference, and upon comparison of
the lists so prepared, the one who first receives a majority of votes
shall be declared elected. The person so elected shall perform the
duties of chairman of the Commission.
ARTICLE XX. In convening the Commission of Investigation and
Conciliation, the Council of the Organization of American States shall
determine the place where the Commission shall meet. Thereafter, the
Commission may determine the place or places in which it is to function,
taking into account the best facilities for the performance of its work.
ARTICLE XXI. When more than two states are involved in the same
controversy, the states that hold similar points of view shall be
considered as a single party. If they have different interests they
shall be entitled to increase the number of conciliators in order that
all parties may have equal representation. The chairman shall be elected
in the manner set forth in Article XIX.
ARTICLE XXII. It shall be the duty of the Commission of Investigation
and Conciliation to clarify the points in dispute between the parties
and to endeavor to bring about an agreement between them upon mutually
acceptable terms. The Commission shall institute such investigations of
the facts involved in the controversy as it may deem necessary for the
purpose of proposing acceptable bases of settlement.
ARTICLE XXII. It shall be the duty of the parties to facilitate the work
of the Commission and to supply it, to the fullest extent possible, with
all useful documents and information, and also to use the means at their
disposal to enable the Commission to summon and hear witnesses or
experts and perform other tasks in the territories of the parties, in
conformity with their laws.
ARTICLE XXIV. During the proceedings before the Commission, the parties
shall be represented by plenipotentiary delegates or by agents, who
shall serve as intermediaries between them and the Commission. The
parties and the Commission may use the services of technical advisers
and experts.
ARTICLE XXV. The Commission shall conclude its work within a period of
six months from the date of its installation; but the parties may, by
mutual agreement, extend the period.
ARTICLE XXVI. If, in the opinion of the parties, the controversy relates
exclusively to questions of fact, the Commission shall limit itself to
investigating such questions, and shall conclude its activities with an
appropriate report.
ARTICLE XXVII. If an agreement is reached by conciliation, the final
report of the Commission shall be limited to the text of the agreement
and shall be published after its transmittal to the parties, unless the
parties decide otherwise. If no agreement is reached, the final report
shall contain a summary of the work of the Commission; it shall be
delivered to the parties, and shall be published after the expiration of
six months unless the parties decide otherwise. In both cases, the final
report shall be adopted by a majority vote.
ARTICLE XXVIII. The reports and conclusions of the Commission of
Investigation and Conciliation shall not be binding upon the parties,
either with respect to the statement of facts or in regard to questions
of law, and they shall have no other character than that of
recommendations submitted for the consideration of the parties in order
to facilitate a friendly settlement of the controversy.
ARTICLE XXIX. The Commission of Investigation and Conciliation shall
transmit to each of the parties, as well as to the Pan American Union,
certified copies of the minutes of its proceedings. These minutes shall
not be published unless the parties so decide.
ARTICLE XXX. Each member of the Commission shall receive financial
remuneration, the amount of which shall be fixed by agreement between
the parties. If the parties do not agree thereon,. the Council of the
Organization shall determine the remuneration. Each government shall pay
its own expenses and an equal share of the common expenses of the
Commission, including the aforementioned remunerations.
CHAPTER FOUR
JUDICIAL PROCEDURE
ARTICLE XXXI. In conformity with Article 36, paragraph 2, of the Statute
of the International Court of Justice, the High Contracting Parties
declare that they recognize, in relation to any other American State,
the jurisdiction of the Court as compulsory ipso facto, without the
necessity of any special agreement so long as the present Treaty is in
force, in all disputes of a juridical nature that arise among them
concerning:
a) The interpretation of a treaty;
b) Any question of international law;
c) The existence of any fact which, if established, would constitute the
breach of an international obligation;
d) The nature or extent of the reparation to be made for the breach of
an international obligation.
ARTICLE XXXII. When the conciliation procedure previously established in
the present Treaty or by agreement of the parties does not lead to a
solution, and the said parties have not agreed upon an arbitral
procedure, either of them shall be entitled to have recourse to the
International Court of Justice in the manner prescribed in Article 40 of
the Statute thereof. The Court shall have compulsory jurisdiction in
accordance with Article 36, paragraph 1, of the said Statute.
ARTICLE XXXIII. If the parties fail to agree as to whether the Court has
jurisdiction over the controversy, the Court itself shall first decide
that question.
ARTICLE XXXIV. If the Court, for the reasons set forth in Articles V, VI
and VII of this Treaty, declares itself to be without jurisdiction to
hear the controversy, such controversy shall be declared ended.
ARTICLE XXXV. If the Court for any other reason declares itself to be
without jurisdiction to hear and adjudge the controversy, the High
Contracting Parties obligate themselves to submit it to arbitration, in
accordance with the provisions of Chapter Five of this Treaty.
ARTICLE XXXVI. In the case of controversies submitted to the judicial
procedure to which this Treaty refers, the decision shall devolve upon
the full Court, or, if the parties so request, upon a special chamber in
conformity with Article 26 of the Statute of the Court. The parties may
agree, moreover, to have the controversy decided ex aequo et bono.
ARTICLE XXXVII. The procedure to be followed by the Court shall be that
established in the Statute thereof.
CHAPTER FIVE
PROCEDURE OF ARBITRATION
ARTICLE XXXVIII. Notwithstanding the provisions of Chapter Four of this
Treaty, the High Contracting Parties may, if they so agree, submit to
arbitration differences of any kind, whether juridical or not, that have
arisen or may arise in the future between them.
ARTICLE XXXIX. The Arbitral Tribunal to which a controversy is to be
submitted shall, in the cases contemplated in Articles XXXV and XXXVIII
of the present Treaty, be constituted in the following manner, unless
there exists an agreement to the contrary.
ARTICLE XL. (1) Within a period of two months after notification of the
decision of the Court in the case provided for in Article XXXV, each
party shall name one arbiters of recognized competence in questions of
international law and of the highest integrity, and shall transmit the
designation to the Council of the Organization. At the same time, each
party shall present to the Council a list of ten jurists chosen from
among those on the general panel of members of the Permanent Court of
Arbitration of The Hague who do not belong to its national group and who
are willing to be members of the Arbitral Tribunal.
(2) The Council of the Organization shall, within the month following
the presentation of the lists, proceed to establish the Arbitral
Tribunal in the following manner:
a) If the lists presented by the parties contain three names in common,
such persons, together with the two directly named by the parties, shall
constitute the Arbitral Tribunal;
b) In case these lists contain more than three names in common, the
three arbiters needed to complete the Tribunal shall be selected by lot;
c) In the circumstances envisaged in the two preceding clauses, the five
arbiters designated shall choose one of their number as presiding
officer;
d) If the lists contain only two names in common, such candidates and
the two arbiters directly selected by the parties shall by common
agreement choose the fifth arbiter, who shall preside over the Tribunal.
The choice shall devolve upon a jurist on the aforesaid general panel of
the Permanent Court of Arbitration of The Hague who has not been
included in the lists drawn up by the parties;
e) If the lists contain only one name in common, that person shall be a
member of the Tribunal, and another name shall be chosen by lot from
among the eighteen jurists remaining on the above-mentioned lists. The
presiding officer shall be elected in accordance with the procedure
established in the preceding clause;
f) If the lists contain no names in common, one arbiter shall be chosen
by lot from each of the lists; and the fifth arbiter, who shall act as
presiding officer, shall be chosen in the manner previously indicated;
g) If the four arbiters cannot agree upon a fifth arbiter within one
month after the Council of the Organization has notified them of their
appointment, each of them shall separately arrange the list of jurists
in the order of their preference and, after comparison of the lists so
formed, the person who first obtains a majority vote shall be declared
elected.
ARTICLE XLI. The parties may by mutual agreement establish the Tribunal
in the manner they deem most appropriate; they may even select a single
arbiter, designating in such case a chief of state, an eminent jurist,
or any court of justice in which the parties have mutual confidence.
ARTICLE XLII. When more than two states are involved in the same
controversy, the states defending the same interests shall be considered
as a single party. If they have opposing interests they shall have the
right to increase the number of arbiters so that all parties may have
equal representation. The presiding officer shall be selected by the
method established in Article XL.
ARTICLE XLIII. The parties shall in. each case draw up a special
agreement clearly defining the specific matter that is the subject of
the controversy, the seat of the Tribunal, the rules of procedure to be
observed, the period within which the award is to be handed down, and
such other conditions as they may agree upon among themselves.
If the special agreement cannot be drawn up within three months after
the date of the installation of the Tribunal, it shall be drawn up by
the International Court of Justice through summary procedure, and shall
be binding upon the parties.
ARTICLE XLIV. The parties may be represented before the Arbitral
Tribunal by such persons as they may designate.
ARTICLE XLV. If one of the parties fails to designate its arbiter and
present its list of candidates within the period provided for in Article
XL, the other party shall have the right to request the Council of the
Organization to establish the Arbitral Tribunal. The Council shall
immediately urge the deliì~'quent party to fulfill its obligations
within an additional period of fifteen days, after which time the
Council itself shall establish the Tribunal in the following manner
a) It shall select a name by lot from the list presented by the
petitioning party.
b) It shall choose, by absolute majority vote, two jurists from the
general panel of the Permanent Court of Arbitration of The Hague who do
not belong to the national group of any of the parties.
c) The three persons so designated, together with the one directly
chosen by the petitioning party, shall select the fifth arbiter, who
shall act as presiding officer, in the manner provided for in Article
XL.
d) Once the Tribunal is installed, the procedure established in article
XLIII shall be followed.
ARTICLE XLVI. The award shall be accompanied by a supporting opinion,
shall be adopted by a majority vote, and shall be published. after
notification thereof has been given to the parties. The dissenting
arbiter or arbiters shall have the right to state the grounds for their
dissent.
The award, once it is duly handed down and made known to the parties,
shall settle the controversy definitively,
shall not be subject to appeal, and shall be carried out immediately.
ARTICLE XLVII. Any differences that arise in regard to the
interpretation or execution of the award shall be submitted to the
decision of the Arbitral Tribunal that rendered the award.
ARTICLE XLVIII. Within a year after notification thereof, the award
shall be subject to review by the same Tribunal at the request of one of
the parties, provided a previously existing fact is discovered unknown
to the Tribunal and to the party requesting the review, and provided the
Tribunal is of the opinion that such fact might have a decisive
influence on the award.
ARTICLE XLIX. Every member of the Tribunal shall receive financial
remuneration, the amount of which shall be fixed by agreement between
the parties. If the parties do not agree on the amount, the Council of
the Organization shall determine the remuneration. Each Government shall
pay its own expenses and an equal share of the common expenses of the
Tribunal, including the aforementioned remunerations.
CHAPTER SIX
FULFILLMENT OF DECISIONS
ARTICLE L. If one of the High Contracting Parties should fail to carry
out the obligations imposed upon it by a decision of the International
Court. of Justice or by an arbitral award, the other party or parties
concerned shall, before resorting to the Security Council of the United
Nations, propose a Meeting of Consultation of Ministers of Foreign
Affairs to agree upon appropriate measures to ensure the fulfillment of
the judicial decision or arbitral award.
CHAPTER SEVEN
ADVISORY OPINIONS
ARTICLE LI. The parties concerned in the solution of a controversy may,
by agreement, petition the General Assembly or the Security Council of
the United Nations to request an advisory opinion of the International
Court of Justice on any juridical question.
The petition shall be made through the Council of the Organization of
American States.
CHAPTER EIGHT
FINAL PROVISIONS
ARTICLE LII. The present Treaty shall be ratified by the High
Contracting Parties in accordance with their constitutional procedures.
The original instrument shall be deposited in the Pan American Union,
which shall transmit an authentic certified copy to each Government for
the purpose of ratification. The instruments of ratification shall be
deposited in the archives of the Pan American Union, which shall notify
the signatory governments of the deposit. Such notification shall be
considered as an exchange of ratifications.
ARTICLE LIII. This Treaty shall come into effect between the High
Contracting Parties in the order in which they deposit their respective
ratifications.
ARTICLE LIV. Any American State which is not a signatory to the present
Treaty, or which has made reservations thereto, may adhere to it, or may
withdraw its reservations in whole or in part, by transmitting an
official instrument to the Pan American Union, which shall notify the
other High Contracting Parties in the manner herein established.
ARTICLE LV. Should any of the High Contracting Parties make reservations
concerning the present Treaty, such reservations shall, with respect to
the state that makes them, apply to all signatory states on the basis of
reciprocity.
ARTICLE LVI. The present Treaty shall remain in force indefinitely, but
may be denounced upon one year's notice, at the end of which period it
shall cease to be in force with respect to the state denouncing it, but
shall continue in force for the remaining signatories. The denunciation
shall be addressed to the Pan American Union, which shall transmit it to
the other Contracting Parties.
The denunciation shall have no effect with respect to pending procedures
initiated prior to the transmission of the particular notification.
ARTICLE LVII. The present Treaty shall be registered with the
Secretariat of the United Nations through the Pan American Union.
ARTICLE VLIII. As this Treaty comes into effect through the successive
ratifications of the High Contracting Parties, the following treaties,
conventions and protocols shall cease to be in force with respect to
such parties:
Treaty to Avoid or Prevent Conflicts between the American States, of May
3, 1923;
General Convention of Inter-American Conciliation, of January 5, 1929;
General Treaty of Inter-American Arbitration and Additional Protocol of
Progressive Arbitration, of January 5, 1929;
Additional Protocol to the General Convention of Inter-American
Conciliation, of December 26, 1933;
Anti-War Treaty of Non-Aggression and Conciliation, of October 10, 1933;
Convention to Coordinate, Extend and Assure the Fulfillment of the
Existing Treaties between the American States, of December 23, 1936;
Inter-American Treaty on Good Offices and Mediation, of December 23,
1936;
Treaty on the Prevention of Controversies, of December 23, 1936.
ARTICLE LIX. The provisions of the foregoing Article shall not apply to
procedures already initiated or agreed
upon in accordance with any of the above-mentioned international
instruments.
ARTICLE LX. The present Treaty shall be called the "PACT OF BOGOTÁ."
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having deposited
their full powers, found to be in good and due form, sign the present
Treaty, in the name of their respective Governments, on the dates
appearing below their signatures.
Done at the City of Bogotá, in four texts, in the English, French,
Portuguese and Spanish languages respectively, on the thirtieth day of
April, nineteen hundred forty-eight.