complete definition of aggression than appeared in the original treaty, following the lines of the definition approved in 1974 by the General Assembly of the United Nations; and (5) the addition of an article providing that "collective economic security" shall be guaranteed by a special treaty (a provision to which the United States submitted a reservation at the time of signature). While the inclusion of an article on collective economic security represents an unfortunate detraction from the Protocol's balance and good sense, on the whole, the amendments improve this basic instrument of inter-American security and peacekeeping.

It is significant from the point of view of the United States that many other proposed changes were not embodied in the Protocol. For example, a proposal supported by some that would have limited the "attack against one, attack against all" concept to attacks coming from within the hemisphere was soundly defeated. Similarly, efforts to limit the authority of the Organ of Consultation to deal with a broad range of acts which could endanger the peace of America were unsuccessful. The result, in our view, was a reaffirmation of the basic principles of the Rio Treaty rather than a weakening of them. Nevertheless, I believe the protection of interests of the United States with respect to its position on the concept of collective economic security requires a formal reservation to that article when the United States deposits its instrument of ratification, along the lines of the reservation made at the time of signing.

The President's message forwarded to the Senate a report of the Department of State, which explained the recommendation for a U.S. reservation as follows:

. an article on collective economic security was adopted despite United States objections and a negative vote. When the United States signed the Treaty it made the following reservation with respect to the new Article 11:

The United States, in signing this Protocol of Amendment to the Inter-American Treaty of Reciprocal Assistance, accepts no obligation or commitment to negotiate, sign or ratify a treaty or convention on the subject of collective economic security.

It is strongly recommended that when this Protocol is ratified, the United States include the same reservation so as to preclude any possible implication that the United States has somehow committed itself to a treaty on collective economic security. The United States objected to inclusion of the article because it was not germane to the Rio Treaty. Moreover, the concept of collective economic security remains to be defined within the InterAmerican System. Some member states view it as a means of limiting the action that the United States might take in defense

of economic interests, in particular, the application of U.S. legislation designed to protect foreign investment.

The discussions at the San Jose Conference indicated that the member states recognize that the concept of collective economic security is totally unrelated to any other article of the Rio Treaty, and that the reservation does not affect any of our other obligations under the Protocol.

In connection with signature of the Final Act of the Conference of Plenipotentiaries for the Amendment of the Inter-American Treaty of Reciprocal Assistance, signed at San Jose on July 26, 1975, the United States made the following statement:

The United States wishes to state expressly that the area of coverage delineated by Article 4 of the Treaty, as revised by this Protocol of Amendment, has no effect whatsoever on the sovereignty or national or international status of any territory or any territorial claims.

The Final Act is at OAS Doc. CPTIAR/doc. 37/75 rev. 2, July 26, 1975.

The Protocol of Amendment to the Rio Treaty retains the preamble to that Treaty and sets forth the following substantive articles:

ARTICLE I

Articles 1, 2, 3, 4, 5 (present 6), 8, 9, 10 (present 5), 20 (present 17) and 23 (present 20) of the Inter-American Treaty of Reciprocal Assistance shall read as follows:

Article 1

The High Contracting Parties formally condemn war and undertake, in their international relations, not to resort to the threat or the use of force in any manner inconsistent with the provisions of the Charter of the Organization of American States, the Charter of the United Nations or this Treaty.

Article 2

As a consequence of the principle set forth in the preceding article, the High Contracting Parties undertake to settle their disputes with one another by peaceful means.

The High Contracting Parties shall make every effort to achieve the peaceful settlement of disputes through the procedures and mechanisms provided for in the Inter-American System before submitting them to the Security Council of the United Nations.

This provision shall not be interpreted as an impairment of the rights and obligations of the states parties under Articles 34 and 35 of the Charter of the United Nations.

Article 3

1. The High Contracting Parties agree that an armed attack by any state against a state party shall be considered an attack against all the states parties and, consequently, each of them undertakes to assist in meeting any such attack in the exercise of the inherent right of individual or collective selfdefense recognized by Article 51 of the Charter of the United Nations.

2. At the request of the state party or states parties directly attacked by one or more American states and until the Organ of Consultation provided for in this Treaty takes a decision, each of the states parties may determine, according to the circumstances, the immediate measures it may take individually in fulfillment of the obligation set forth in the preceding paragraph.

3. In the event of armed attack of extra-hemispheric origin against one or more states parties and until the Organ of Consultation takes a decision, each state party may determine, according to the circumstances and at the request of the state party or states parties attacked, the immediate measures it may

take in the exercise of its right of individual or collective self-defense in accordance with Article 51 of the Charter of the United Nations and with the obligation set forth in paragraph 1 of this article.

4. For the purposes of paragraphs 2 and 3 of this article, on convocation by the Chairman of the Permanent Council the Organ of Consultation shall meet without delay to examine such immediate measures as the states parties may have taken in accordance with paragraph 1 of this article and to agree on the collective measures that may be necessary, including any joint action the states parties may take before the United Nations, to give effect to the pertinent provisions of the Charter of the Organization.

5. The provisions of this article shall be applied in any case of armed attack against a state party that takes place within the region described in Article 4 or within the territory under the full sovereignty of a state party.

6. Measures of self-defense provided for in this article may be applied until the Security Council of the United Nations has taken the measures necessary to maintain international peace and security.

Article 4

The region to which this Treaty refers is bounded as follows:

Beginning at the South Pole, thence due north to a point 7 degrees south latitude, 90 degrees west longitude; thence by a rhumb line to a point 15 degrees north latitude, 118 degrees west longitude; thence by a rhumb line to a point 56 degrees north latitude, 144 degrees west longitude; thence by a rhumb line to a point 52 degrees north latitude, 150 degrees west longitude; thence by a rhumb line to a point 46 degrees north latitude, 180 degrees longitude; thence by a rhumb line to a point 50 degrees 36.4 minutes north latitude, 167 degrees east longitude, thereby coinciding with the End Point of the United States-Russia Convention Line of 1867; thence along this Convention Line to its Initial Turning Point 65 degrees 30 minutes north latitude, 168 degrees 58 minutes 22.587 seconds west longitude; thence due north along the Convention Line to its Starting Point at 72 degrees north latitude; thence by a rhumb line to a point 75 degrees north latitude; 165 degrees west longitude; thence due east to a point 75 degrees north latitude, 140 degrees west longitude; thence by a great circle to a point 86 degrees 30 minutes north latitude, 60 degrees west longitude; thence due south along the 60 degree west meridian to a point 82 degrees 13 minutes north latitude, which coincides with Point No. 127 of the Line of the Agreement between the Government of Canada and the Government of the Kingdom of Denmark, which entered into force March 13, 1974; thence along this Line of Agreement to Point No. 1 at 61 degrees north latitude, 57 degrees 13.1 minutes west longitude; thence by a rhumb line to a point 47 degrees north latitude, 43 minutes west longitude: thence by a rhumb line to a point 36 degrees north latitude, 65 degrees west longitude; thence by a rhumb line to a point at the Equator and 20 degrees west longitude; thence due south to the South Pole.

Article 5

If the inviolability or the integrity of the territory or the sovereignty or political independence of any state party should be affected by an act of aggression as determined in accordance with Article 9 of this Treaty that does not fall within the scope of Article 3 or by a conflict or serious event that might endanger the peace of America, the Organ of Consultation shall meet immediately to agree on the measures that must be taken to assist the affected state party and the measures and steps that should be taken for the common defense and for the maintenance of the peace and security of the hemisphere.

If the inviolability or the integrity of the territory or the sovereignty or political independence of any other American state should be affected by an act of aggression as determined in accordance with Article 9 of this Treaty or by a conflict or serious event that might endanger the peace of America, the Organ of Consultation shall meet immediately to agree on the measures and steps that should be taken for the common defense and for the maintenance of the peace and security of the hemisphere.

Article 8

Without prejudice to such conciliatory or peacemaking steps as it may take, the Organ of Consultation may, in the cases provided for in Articles 3, 5 and 7, adopt one or more of the following measures: recall of chiefs of missions; breaking of diplomatic relations; breaking of consular relations; partial or

complete interruption of economic relations or of rail, sea, air, postal, telegraphic, telephonic, radio-telephonic or radio-telegraphic, or other means of communication; and use of armed force.

Article 9

1. Aggression is the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations, the Charter of the Organization of American States or this Treaty.

The first use of armed force by a state in contravention of the aforementioned instrument shall constitute prima facie evidence of an act of aggression, although the Organ of Consultation may, in conformity with these instruments, conclude that the determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.

No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

2. Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of paragraph 1 of this article, qualify as an act of aggression:

a) Invasion by the armed forces of a state of the territory of another state, through the trespassing of boundaries demarcated in accordance with a treaty, judicial decision or arbitral award or, in the absence of frontiers thus demarcated, invasion affecting a region which is under the effective jurisdiction of another state, or armed attack by a state against the territory or people of another state, or any military occupation, however temporary, resulting from such invasion or attack or any annexation by the use of force of the territory of another state or part thereof;

b) Bombardment by the armed forces of a state against the territory of another state or the use of any weapons by a state against the territory of another state;

c) The blockade of the ports or coasts of a state by the armed forces of another state;

d) An attack by the armed forces of a state on the land, sea or air forces of another state;

e) The use of the armed forces of one state which are located within the territory of another state with the agreement of the receiving state, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

f) The action of a state in allowing its territory, which it has placed at the disposal of another state, to be used by that other state for perpetrating an act of aggression against a third state;

g) The sending by or on behalf of a state of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another state of such gravity as to amount to the acts listed above, or its substantial involvement therein.

3. The Organ of Consultation may determine that other specific cases submitted to it for consideration, equivalent in nature and seriousness to those contemplated in this article, constitute aggression under the provisions of the Charter of the United Nations, the Charter of the Organization of American States or this Treaty.

Article 10

The High Contracting Parties shall immediately send to the Security Council, in conformity with Articles 51 and 54 of the Charter of that Organization, complete information concerning the activities undertaken or in contemplation in the exercise of the right of self-defense or for the purpose of maintaining inter-American peace and security.

Article 20

The Organ of Consultation shall adopt all its decisions or recommendations by a vote of two-thirds of the states parties, except as provided for in the following paragraph.

To rescind the measures taken pursuant to Article 8, a vote of an absolute majority of the states parties shall be required.

Article 23

The measures mentioned in Article 8 may be adopted by the Organ of Consultation in the form of:

a. Decisions whose application is binding on the states parties, or

b. Recommendations to the states parties.

If the Organ of Consultation takes measures to which this article refers against a state, any other state party to this Treaty that finds itself confronted by special economic problems arising from the carrying out of the measures in question shall have the right to consult the Organ of Consultation with regard to the solution of those problems.

No state shall be required to use armed force without its consent.

ARTICLE II

The following new articles shall be incorporated into the Inter-American Treaty of Reciprocal Assistance and numbered as follows: 6, 11, 12 and 27. Article 6

Any assistance the Organ of Consultation may decide to furnish a state party may not be provided without the consent of that state.

Article 11

The High Contracting Parties recognize that, for the maintenance of peace and security in the hemisphere, collective economic security for the develop ment of the member states of the Organization of American States must also be guaranteed through suitable mechanisms to be established in a special treaty.

Article 12

Nothing stipulated in this Treaty shall be interpreted as limiting or impairing in any way the principle of non-intervention and the right of all states to choose freely their political, economic and social organization.

Article 27

This Treaty may only be amended at a special conference convoked for that purpose by a majority of the states parties. Amendments shall enter into force as soon as the instruments of ratification of two-thirds of the states parties have been deposited.

ARTICLE III

The following articles of the Inter-American Treaty of Reciprocal Assistance shall be renumbered as follows:

Article 10 shall become Article 13; 11, 14; 12, 15; 13, 16; 14, 17; 15, 18; 16, 19; 18, 21; 19, 22; 21, 24; 22, 25; 23, 26; 24, 28; 25, 29; and 26, 30.

Consequently the words "Articles 13 and 15" in the present Article 16 of the Treaty shall be replaced, in Article 19, by the words "Articles 16 and 18."

ARTICLE IV

The text and number of Article 7 of the Inter-American Treaty of Reciprocal Assistance remains unchanged.

ARTICLE V

The terms "Permanent Council of the Organization of American States" and "General Secretariat of the Organization of American States" shall replace the terms "Governing Board of the Pan American Union” and “Pan American Union," respectively, wherever these terms appear in the articles of the Treaty that have not been specifically amended by this Protocol.

ARTICLE VI

This Protocol shall remain open for signature by the states parties to the Inter-American Treaty of Reciprocal Assistance and shall be ratified in accordance with their respective_constitutional procedures. The original instrument, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall transmit certified copies thereof to the governments of the signatory states for the purpose of ratification. The instruments of ratification shall be deposited with the General Secretariat, which shall notify the states parties to the Inter-American Treaty of Reciprocal Assistance of each deposit.