2       TREATY FOR ADVANCEMENT OF PEACE AMENDED—AUSTRALIA
Department of State,
Washington, September 12, 191,0.
The President,
The White House.
The undersigned, the Secretary of State, has the honor to lay
before the President, with a view to its transmission to the Senate
to receive the advice and consent of that body to ratification, if his
judgment approve thereof, a treaty which, in view of the present
constitutional status of Australia as an independent state, was signed
between the United States of America and the Commonwealth of
Australia on September f>. HMO.
This treaty amends in their application to Australia the provisions
relating to the organization of commissions for the settlement of dis-
putes contained in the Treaty for the Advancement of Peace between
the United States of America and Great Britain signed at Washing-
ton on September 15, 1914. The duties of the Commission organized
under the treaty with Australia to make investigations and rcjwrts
to the Governments with reference to disputes arising between them
will be the same insofar as concerns the relations between the United
States and Australia as the duties of the Commission established
under the treaty of 1914 with Great Britain.
The treaty of 1911 between the United States and Great Britain
provides in article II for the establishment of an international com-
mission of five members, one member to be chosen from each country
by the Government of the country, one member to be chosen by each
Government from some third country, and a fifth member to be chosen
by agreement between the t wo Governments from a country of which
no other member of the Commission is a citizen. In article III it
provides that in the event the interests affected by the dispute to he
investigated should be mainly interests of one of the self-governing
dominions of the British Empire the dominion concerned might
furnish a list of persons from which a member of the Commission
might be appointed by His Majesty's Government to serve in place
of the British national member.
The treaty with Australia now submitted supersedes in respect of
Australia the above-mentioned provisions in articles II and III of the
treaty of September 15, 1914, and provides for the establishment of
an international commission for the consideration of disputes between
the United States and Australia which shall consist of five members,
one member to be chosen from the United States bv the Government
thereof, another member to be chosen from Australia by the Govern-
ment thereof, one member to be chosen by each Government from some
third country, and the fifth member to be chosen by agreement be-
tween the Government of the United States and the Government of
Australia from a country of which no other member of the commis-
sion is a citizen. The provisions of the treaty of 1914 between the
United States and Great Britain other than the above-mentioned
provisions in articles II and III and excepting the formal provisions
in article V concerning ratification, duration, and other like matters,
which are provided for in article IV of the present treaty, are made an
integral part of the treaty for observance and fulfillment between the
United States and Australia.
Respectfully submitted.
Cordell Hull.
(Enclosure: Treaty of September G, 1940.)
TREAT* 1**0It ADVANCEMENT OF PEACE AMKNDKD—AUSTRALIA 3
The President of the United Slates of America and His Majesty
the King of Great Britain, Ireland, and the British Dominions beyond
the- Seas, Emperor of India, in respect of the Commonwealth of
Australia, being desirous, in view of the present constitutional position
and international status of Australia, to amend in their application
to the Commonwealth of Australia certain provisions of the Treaty
for the Advancement of Peace between the President of the United
States of America and His Majesty the King of the United Kingdom
of Great Britain and Ireland and of the British Dominions bej'ond
the Seas, Emperor of India, signed at Washington, September 15,
1014, have for that purpose appointed as their plenipotentiaries:
The President of the United States of America:
Mr. Cordell Hull, Secretary of State of the United States of America;
and
His Majesty the King of Great Britain, Ireland, and the British
Dominions beyond the Seas, Emperor of India, for the Common-
wealth of Australia:
The Right Honorable Richard Gardiner Casey, D. S. O., M. C,
His Majesty's Envoy Extraordinary and Minister Plenipotentiary
for Australia at Washington;
Who, having communicated to oach other their rospectivo full
powers, found to be in proper form, have agreed upon and concluded
the following articles:
Article I
Article II of the Treaty for the Advancement of Peace between
the President of the United States of America and His Majesty the
King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India, signed at
Washington, September 15, 1914, is hereby superseded in respect of
the Commonwealth of Australia by the following:
Insofar as concerns disputes arising in the relations between the
United Stales of America and the Commonwealth of Australia, the
International Commission shall be composed of five members to be
appointed as follows: One member shall be chosen from the United
States of America by the Government thereof; one member shall be
chosen from the Commonwealth of Australia by the Government
thereof; one member shall be chosen by each Government from some
third country; the fifth member shall be chosen by agreement between
the Government of the United States of America and the Govern-
ment of the Commonwealth of Australia, it being understood that he
shall be a citizen of some third country of which no other member of
the Commission is a citizen. The expression "third country" means
a country not under the sovereignty or authority of the United States
of American nor under the sovereignty, suzerainty, protection or
mandate of His Majesty the King of Great Britain, Ireland, and the
British Dominions beyond the Seas, Emperor of India. The expenses
of the Commission shall be paid by the two Governments in equal
proportions.
The International Commission shall be appointed within six months
after the exchange of the ratifications of the present Treaty; and
vacancies shall be filled according to the manner of the original
appointment.
4      TREATY FOR ADVANCEMENT OF PEACE AMENDED—AUSTRALIA
Article II
The second paragraph of Article III of the said Treaty of September
15, 1914, is hereby abrogated so far as concerns its application to
disputes which are* mainly those of the Commonwealth of Australia.
Article III
Except as provided in Articles I, II and IV of the present Treaty
the stipulations of the said Treaty of September 15, 1914. shall be
considered as an integral part of the present Treaty and shall be
observed and fultillcd by the two Go\ criunents as if they were literally
herein embodied.
Article IV
The present Treat}* shall be ratified by the President of the United
States of America by and with the advice and consent of the Senate
thereof and by His Majesty in respect of the Commonwealth of Aus-
tralia. It shall take effect on the date of the exchange of the ratifica-
tions which shall take place at Washington as soon as possible. It
shall continue in force for a period of live years; and it shall thereafter
remain in force until twelve months after one of the High Contracting
Parties has given notice to the other of an intention to terminate it.
On the termination of the present Treaty in accordance with the
provisions of the preceding paragraph, the said Treaty of September
15, 1914, shall in respect of the Commonwealth of Australia cease to
have effect.
In witness whereof the respective plenipotentiaries have signed the
present Treaty and have affixed their seals thereto.
Done in duplicate at the City of Washington this sixth day of
September, one thousand nine hundred and forty.
Cordell Hull [seal]
R. G. Casey [seal]
o