James Monroe argued that the Indian tribes in the Southeast should exchange their land for lands west of the Mississippi River, they did not take steps to make this happen. Indeed, the first major transfer of land occurred only as the result of war.
Judges Read and Azevedo, declaring that they are unable to concur in the Opinion of the Court, have availed themselves of the right conferred on them by Article 57 of the Statute and appended to the Opinion statements of their dissenting opinion.
As I am of the opinion that an affirmative answer should be given to Question III, it is also necessary for me to state the reasons which have led me to the conclusion that an affirmative answer should be given to Question IV.
The Court is not called upon to pronounce upon the substance of the disputes which have arisen, but, in appreciating the juridical scope of the Disputes Articles, I cannot disregard the Articles in the Treaties in respect of which the disputes arose, or the attitudes which have been maintained by the parties to the disputes.
The importance of the maintenance of human rights and fundamental freedoms is emphasized by their inclusion in the purposes of the United Nations as set forth in Article I of the Charter, and by the central position taken by the Human Rights Articles of the Treaties of Peace.
It is inconceivable to me that the Allied and Associated Powers would have consented to the setting up of machinery for the settlement of disputes arising out of such important matters which could be rendered ineffective by the sole will of any one of the three Governments concerned, Bulgaria, Hungary and Romania.
I am, therefore, inclined at the outset to the view that the Disputes Articles must be interpreted in a manner which will ensure their real effectiveness rather than a manner which would deprive them of all effectiveness. The Questions which have been put to the Court have arisen out of a complicated network of disputes between certain of the Allied and Associated Powers and Bulgaria, Hungary and Roma-nia.
It is unnecessary to examine these disputes in detail. It is sufficient to note certain common factors.
They all involve specific charges of violations of the undertakings given in the Human Rights Articles of the Treaties of Peace to secure human rights and fundamental freedoms.
They all involve denials of the charges and justification of the conduct complained of. Throughout the controversy, the Powers which have made the charges have maintained a consistent attitude. They have stood for the defence and maintenance of the fundamental freedoms; [p ] and they have been unremitting in their efforts to have the charges reviewed and decided by a judicial tribunal, the Treaty Commissions provided for in the Disputes Articles of the Peace Treaties.
The accused Governments have maintained an equally consistent attitude.
They have denied the charges ; they have denied the existence of the disputes ; they have objected to the competence of this Court ; they have refrained from appointing national representatives on the Treaty Commissions; they have been unremitting in their efforts to prevent the charges from being reviewed and decided by the judicial tribunals; but they have not at any time questioned the competence of Treaty Commissions, to which they have not appointed representatives, to review the charges and to make binding decisions in settlement of the disputes.
The legal issues which have been put to the Court must be considered in the light of these attitudes. The central issue is whether the provisions of the Peace Treaties should be construed as authorizing Bulgaria, Hungary and Romania to frustrate the operation of the Disputes Articles and to prevent judicial review of the charges and decision of the disputes, by the simple device of defaulting on their obligations under the Treaties in the matter of appointing their national representatives on the Treaty Commissions.
The Disputes Article is an arbitration clause. It is not contained in a special agreement providing for arbitration of a particular case, but in a general treaty, the Treaty of Peace.
It is designed to provide for the judicial settlement of any disputes arising under the Treaty apart, of course, from special types of disputes for which a different procedure is provided. Accordingly, it is not open to the Court to give a narrow or restrictive interpretation of the Disputes Article.
The provisions of Article 92 of the Charter disclose the intention of the United Nations that continuity should be maintained between the Permanent Court of International Justice and this[p ] Court.The Treaty of Versailles was the primary treaty produced by the Paris Peace Conference at the end of World War I.
It was signed on June 28, , by the Allied and associated powers and by Germany in the Hall of Mirrors in the Palace of Versailles and went into effect on January 10, Jun 24, · Were the Peace Treaties justified at the time? On the 11 th of November at 11am the Armistice was signed, meaning the end of the First World War.
All the countries involved were left in ruin, both physically and economy. Over 20 million people had lost their lives and thousands had been forced out of their homes. Were the peace treated of fair? Could the treaties be justified at the time? Powerpoint presentation from class tranceformingnlp.com: File Size: kb: File Type: pdf: Download File.
What were the motives and aims of the Big Three at Versailles?
Truman, Treaties, and the Bricker Amendment by Joseph Stromberg Posted on April 19, August 6, O ne of the noteworthy features of the very late 20 th and very early 21 st centuries is the way in which everything that was once an historical accusation has become a defense. Argument stating that the peace treaties of - were fair: The Treaty of Saint-Germain was fair and just, Austria was forbidden from ever seeking unification .
U.S. government’s policies towards Native American tribes. These agreements had many problems. Most importantly many of the native peoples did not completely understand the document that they were signing or the conditions within it; moreover, the treaties did not consider the cultural practices of the Native Americans.