711.60i12A/12

The Chargé at Riga (Sussdorff) to the Secretary of State

No. 5805

Sir: Referring to my Confidential Despatch No. 5683 of November 6, 1928, concerning the views of the Latvian and Estonian Governments regarding drafts of the Treaty of Arbitration and of the Treaty of Conciliation between Latvia and Estonia and the United States, and to the Department’s telegram No. 63, of November 10, 3 p.m., 1928, I now have the honor to transmit herewith copies in quintuplicate of a Note dated December 17, 1928, from the Estonian Ministry of Foreign Affairs concerning the draft Treaty of Arbitration.

I have [etc.]

Louis Sussdorff, Jr.
[Page 973]
[Enclosure—Translation]

The Estonian Assistant Minister for Foreign Affairs (Schmidt) to the American Chargé (Sussdorff)

9468

Monsieur le Chargé d’Affaires: With reference to the conversation which I had with you during your stay lately at Tallinn on the subject of the Arbitration and Conciliation draft Treaties between Estonia and the United States, I have the honour to request you to recommend to your Government’s consideration the following point with regard to the draft Treaty of Arbitration.

Article 1 of this draft Treaty provides that all differences characterized in the same article shall be submitted to the Permanent Court of Arbitration established by the Convention concluded at the Hague on October 18th, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement. In connection with this provision I allow myself to draw your attention to the fact that Estonia has not adhered to the above-named Convention. The Estonian Government, therefore, finds that it cannot pledge itself to submit a difference to a court, in the election of the judges of which it does not participate, and considers itself to be entitled to declare in each case, in accordance with the provision referred to above, that it desires to submit the difference to some other competent tribunal beside the Permanent Court of Arbitration.

I should be much obliged to ascertain whether your Government concurs in this standpoint adopted by the Estonian Government with regard to the interpretation of the draft Treaty.

I avail myself [etc.]

A. Schmidt