711.60p12A/7

The Minister at Riga (Coleman) to the Secretary of State

No. 5523

Sir: I have the honor to inform the Department that the Latvian Foreign Minister, Mr. Balodis, after a conference with the Estonian Foreign Minister, Mr. Rebane, asked me to come to him on the 24th of August.

It seems that the two Ministers desire to follow a common policy in the making of international agreements and conventions and have so agreed in the matter of the Arbitration and Conciliation treaties submitted to them respectively by the Secretary. Perhaps it is for this reason that Mr. Balodis handed me the enclosed memorandum, unsigned, “privately and confidentially.”

When I asked him if he would let me have the two texts which “the Latvian Government is ready to submit,” he stated that he could not do this without the consent of Mr. Rebane. What they both desired to know is whether the Department agreed in principle to the amendments suggested.

[Page 966]

While it is understood that the Secretary prefers uniformity in the text of these treaties, the Memorandum is forwarded to the Department for its consideration.

I have [etc.]

F. W. B. Coleman
[Enclosure]

The Latvian Minister for Foreign Affairs (Balodis) to the American Minister (Coleman)

Memorandum

draft treaty of arbitration between latvia and the united states

Article I of the Draft provides for the settlement of disputes between the Contracting Parties either by the Court of Arbitration constituted in accordance with the Hague Convention (1907) or by a competent tribunal.

Taking into consideration that the Hague Convention defines in a detailed way the procedure to be followed for the constitution of the arbitration tribunal,

Taking into consideration, on the other hand, that the abovementioned Article of the Draft as submitted by the United States Government does in no way draw a line of discrimination between cases where recourse is to be taken to the Hague tribunal and cases to be settled by what is called a competent tribunal,

The Latvian Government is of the opinion that a separate Article should be inserted in the Treaty defining the procedure to be followed for constituting such “competent tribunals”.

If this suggestion meets with the approval of the American Government the Latvian Government is ready to submit a proposal as to the text of the respective Article following the international practice in this matter.

draft treaty of conciliation between latvia and the united states of america

In the opinion of the Latvian Government it would be advisable to amend Article 2 of the Draft by inserting adequate stipulations dealing with the case if the Contracting Parties do not reach agreement on the fifth member (superarbiter) of the Commission of Conciliation.

The Latvian Government is ready to submit the respective text.