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DECLASSIFIED
The United Nations Conference
Authority E.O. 10501
on International Organization
Doc. 2
G/7 (F)
April 23, 1945
GENERAL
GUATEMALA
November 14, 1944
SECRET
TRANSLATIONS/
OBSERVATIONS OF THE GUATAMELAN GOVERNMENT REGARDING THE PRO-
POSAL FOR THE ESTABLISHMENT OF A GENERAL INTERNATIONAL ORGANI-
ZATION FOR THE MAINTENANCE OF PEACE AND SECURITY IN THE WORLD
The Government of Guatemala has devoted preferential
and careful study to the proposals of Dumbarton Oaks and,
in principle and in a general way, finds them acceptable
and very appropriate in its belief - - to the high
purpose of assuring to the world of the post-war period
a just and stable peace, based on the juridical equality
of the states and on mutual respect for the sovereignty
and right of each of the free nations which love justice
and peace.
the
= SERVIER?
The Government of Guatemala of course accepts the
conversed
fundamental principles in accordance wi,th which the or-
ganization should act and believes that the creation of
the four organs which are proposed would be very conven-
ient.
With regard to the International Court of Justice,
it appears to it indispensable to insist on the conven-
ience of granting to that juridical organ full jurisdic-
tion to compel the appearance of any state summoned, with-
out restriction with respect to the subject matter in liti-
gation; and that, acting in complete independence in rela-
tion to the Community, it may have all the backing of the
latter for the faithful fulfilment of decisions. Should
the states, when direct methods, good offices, mediation
and conciliation to solve their disputes have failed, be
at liberty to submit them or not to do so to an interna-
tional tribunal of justice or to arbitration, and should
they be able to circumscribe to their whim the proceed-
ings of this tribunal and the scope of decisions, but
little progress will have been made towards the extirpa-
tion of wars in the future. Experience has shown that when
a state fears an unfavorable decision it does whatever is
within its power to evade the submission of the litigation
to a tribunal: the statement is already classic that
"the dignity of the nation does not permit that its right
be questioned or be open to discussion". When in those
cases the state reaches the point of agreeing to the judi-
cial or arbitral consideration of the controversy, it
circumscribes to such an extent the powers of the judges
2y
-1-
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"ocrText": "DECLASSIFIED\nThe United Nations Conference\nAuthority E.O. 10501\non International Organization\nDoc. 2\nG/7 (F)\nApril 23, 1945\nGENERAL\nGUATEMALA\nNovember 14, 1944\nSECRET\nTRANSLATIONS/\nOBSERVATIONS OF THE GUATAMELAN GOVERNMENT REGARDING THE PRO-\nPOSAL FOR THE ESTABLISHMENT OF A GENERAL INTERNATIONAL ORGANI-\nZATION FOR THE MAINTENANCE OF PEACE AND SECURITY IN THE WORLD\nThe Government of Guatemala has devoted preferential\nand careful study to the proposals of Dumbarton Oaks and,\nin principle and in a general way, finds them acceptable\nand very appropriate in its belief - - to the high\npurpose of assuring to the world of the post-war period\na just and stable peace, based on the juridical equality\nof the states and on mutual respect for the sovereignty\nand right of each of the free nations which love justice\nand peace.\nthe\n= SERVIER?\nThe Government of Guatemala of course accepts the\nconversed\nfundamental principles in accordance wi,th which the or-\nganization should act and believes that the creation of\nthe four organs which are proposed would be very conven-\nient.\nWith regard to the International Court of Justice,\nit appears to it indispensable to insist on the conven-\nience of granting to that juridical organ full jurisdic-\ntion to compel the appearance of any state summoned, with-\nout restriction with respect to the subject matter in liti-\ngation; and that, acting in complete independence in rela-\ntion to the Community, it may have all the backing of the\nlatter for the faithful fulfilment of decisions. Should\nthe states, when direct methods, good offices, mediation\nand conciliation to solve their disputes have failed, be\nat liberty to submit them or not to do so to an interna-\ntional tribunal of justice or to arbitration, and should\nthey be able to circumscribe to their whim the proceed-\nings of this tribunal and the scope of decisions, but\nlittle progress will have been made towards the extirpa-\ntion of wars in the future. Experience has shown that when\na state fears an unfavorable decision it does whatever is\nwithin its power to evade the submission of the litigation\nto a tribunal: the statement is already classic that\n\"the dignity of the nation does not permit that its right\nbe questioned or be open to discussion\". When in those\ncases the state reaches the point of agreeing to the judi-\ncial or arbitral consideration of the controversy, it\ncircumscribes to such an extent the powers of the judges\n2y\n-1-"
}