[Inclosure.—Translation.]
Treaty of arbitration as to boundaries between
Colombia and Ecuador, signed by their respective
plenipotentiaries in Bogotá, November 5, 1904
The Republics of Colombia and Ecuador, desirous, of carrying out the
provisions of article 26 of the treaty of July 9, 1856, in order to
strengthen the bonds of friendship which happily unite them, have
seen fit to celebrate a convention for settling their pending
boundary questions, and for this purpose have named their respective
plenipotentiaries, as follows:
Colombia, its envoy extraordinary and minister plenipotentiary in
Spain, Don Julio Betancourt, invested with the functions of special
plenipotentiary for everything in regard to boundaries; and Ecuador,
its envoy extraordinary and minister plenipotentiary in Colombia,
Gen. Julio Andrade.
Who, after having presented their full powers, which were found to be
in due form, have agreed as follows:
Article 1.
The Governments of Columbia and Ecuador submit to the absolute
unappealable decision of His Majesty the Emperor of Germany and King
of Prussia the pending question of boundaries between the two
Republics.
Article 2.
Both governments, through their plenipotentiaries, shall request His
Imperial Majesty to accept immediately after exchange of
ratifications of this treaty.
Article 3.
Within fifteen months from the date on which the august arbiter shall
notify the interested parties of his acceptance, the
plenipotentiaries of the latter shall present the memorials
containing the claims of their respective governments and the
documents in support of said claims.
Article 4.
After the termination of the above-mentioned fifteen months the
interested parties can present no further memorials or documents,
except those which the august arbiter may deem necessary to throw
light upon the points at issue.
Article 5.
The two governments interested agree that an ocular inspection shall
be made of the territory in dispute if the august arbiter shall deem
this necessary.
Article 6.
Ecuador and Colombia acknowledge that the principal bases for a
determination of their rights in this arbitration are as follows:
- (a)
- The Colombian law of June 24, 1824, in regard to
territorial division.
- (b)
- The treaty of peace of September 22, 1829, between the old
Republic of Colombia and Peru; and
- (c)
- The treaty of July 9, 1856, in so far as it is binding
between the Republics of New Granada (now Colombia) and
Ecuador: without prejudice to any additional
historic-juridical antecedents which the parties in interest
may see fit to cite and which are not at variance with the
three above-mentioned bases.
Article 7.
For the purpose of this arbitration Ecuador establishes the fact that
the territory of the eastern section from the course of the river
Napo to that of the Caquetat or Yapura is not included in the
arbitration which Ecuador and Peru submitted to His Majesty the King
of Spain by treaty of August 1, 1887.
Article 8.
Before the arbitral award is given both parties can arrange, by
direct negotiation, any or all of the points at issue, and if said
negotiations become effective in the form of public treaties the
august arbiter shall be notified and the arbitration shall be
considered as concluded or shall be limited to the points not agreed
upon.
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Article 9.
In the unexpected event that His Majesty the German Emperor does not
accept the appointment as arbiter, the President of the United
States of Mexico shall be chosen, and in no other particular shall
the provisions of this convention be changed.
Article 10.
The expenses of the arbitration shall be borne by Colombia and
Ecuador equally.
Article 11.
This treaty approved in accordance with the constitutional provisions
in both Republics shall be exchanged in Bogotá or in Quito within as
short a time as possible.
In virtue of which the undersigned plenipotentiaries have signed and
sealed with their respective seals in Bogotá this 5th day of
November, 1904.
[
seal.]
Julio Betancourt.
[
seal.]
Julio
Andrade.
