2 treaty for advancement of peace amended—new zealand
Department of State,
Washington, September 12, 1940.
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
position and international status of New Zealand as an independent
state, was signed between the United States of America and the
Dominion of New Zealand on September 6, 1940.
This treaty amends in their application to New Zealand the provi-
sions relating to the organization of commissions for the settlement
of disputes contained in the Treaty for the Advancement of Peace
between the United States of America and Great Britain signed at
Washington on September 15, 1914. The duties of the commission
organized under the treaty with New Zealand to make investigations
and reports to the Governments with reference to disputes arising
between them will be the same insofar as concerns the relations
between the United States and New Zealand as the duties of the
commission established under the treaty of 1914 with Great Britain.
The treaty of 1914 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
cacli Government from some third country, and a fifth member to
be chosen by agreement between the two 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 be investigated should be mainly interests of one of the self-govern-
ing 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 New Zealand now submitted supersedes in respect
of New Zealand the above mentioned provisions in articles II and
III of the treaty of September 15, 1941, and provides for the estab-
lishment of an international commission for the consideration of
disputes between the United States and New Zealand which shall
consist of five members, one member to be chosen from the United
States by the Government thereof, another member to be chosen from
New Zealand by the Government thereof, one member to be chosen
by each Government from some third country, and the fifth member
to be chosen by agreement between the Government of the United
States and* the Government of New Zealand, from a country of which
no other member of the commission 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 excepts
ing 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 New Zealand.
Kespectfully submitted.
Cordell Hull.
(Enclosure: Treaty of September 6, 1940.)
TREATY FOR ADVANCEMENT OF PEACE AMENDED—XEW ZEALAND 3
The President 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, in respect of the Dominion of Now
Zealand, being desirous, in view of the present constitutional position
and international status of New Zealand, to amend in their application
tx> the Dominion of New Zealand 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 beyond the
Seas, Emperor of India, signed at Washington, September 15, 1914,
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 Dominion of
New Zealand:
The Right Honorable the Marquess of Lothian, C. II., His Majesty's
Ambassador Extraordinary and Plenipotentiary at Washington;
Who, having communicated to each other their respective full
powers, found to be in proper form, have agreed upon and concluded
the following articles:
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 Dominion of New Zealand by the following:
Insofar as concerns disputes arising in the relations between the
United States of America and the Dominion of New Zealand, 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 Dominion of New. Zealand 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 Government
of the Dominion of New Zealand, it being understood that he shall be
a citizen of some third country of which no other member of the Com-
mission is a citizen. The expression "third country" means a country
not under the sovereignty or authority of the United States of America
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.
Article I

4    TREATY FOR ADVANCEMENT OF PEACE AMENDED—NEW ZEALAND
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 arc mainly those of the Dominion of New Zealana.
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 fulfilled by the two Governments as if they were literally
herein embodied.
Article IV
The present Treaty 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 Dominion of New
Zealand. It shall take effect on the date of the exchange of the ratifi-
cations which shall take place at Washington as soon as possible. It
shall continue in force for a period of five 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 Dominion of New Zealand 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.
Cor dell Hull [seal]
Lothian [seal]
O