Simms: Atomic bombs mean peace or extinction
Big job is created for world diplomats
By William Philip Simms, Scripps-Howard foreign editor
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Big job is created for world diplomats
By William Philip Simms, Scripps-Howard foreign editor
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By Bertram Benedict
When the United States Senate approved the San Francisco Charter on July 28, the Charter became sure of going into effect. Most other signature countries, remembering that the United States had stayed out of the League of Nations, naturally were waiting to see what the United States would do this time.
When the Senate acted, only three other nations had formally ratified the Charter, all of them in Central America – Costa Rica, El Salvador, Nicaragua.
The Charter provides that it is to “come into force” when ratified by the United States, the Soviet Union, Great Britain, France, China and a majority of the other signatory states. Ratification is to be by the “respective constitutional processes” of the different states. The ratifications are to be deposited with the United States government, which is to inform all the signatory states of each ratification.
The new British government is expected to ratify the Charter soon after organizing for business August 15. Technically, British ratification comes from the King, but of course the King acts only as directed by his government. Although only the signature of the King is needed after a British government has negotiated a treaty, in recent years British governments have submitted important treaties to the House of Commons for approval.
Supreme Soviet to ratify
In countries under a dictatorship, approval by the dictator theoretically constitutes ratification. However, in Russia, the Charter will be formally ratified by the Supreme Soviet.
In China, Chiang Kai-shek already has got approval of the Charter from the Supreme National Defense Council; the Legislative Yuan must now approve.
In France, treaties (except military conventions and alliances) must be ratified by both houses of Parliament, according to the Constitution of 1875. French ratification was not obtained for the treaty on submarine warfare which France signed at the Washington Conference in 1921-22, nor for a treaty for independence signed with Syria in 1936.
In the old days of the divine right of kings, treaties were between rulers, whose signatures made the treaties binding on their respective countries. British treaties are still made in the name of the king; American and French treaties in the name of the President. So the United States Senate doesn’t ratify a treaty; it gives its consent for the President to ratify, as required by the Constitution.
League was tied to treaty
The United States Constitution was really a treaty between 13 sovereign states (however, Rhode Island was not represented at the convention which drew up the Constitution). When ratified by conventions in nine states, it was to go into effect as to the ratifying states. North Carolina and Rhode Island ratified after the Constitution had become operative.
The Covenant of the League of Nations carried no special provision for ratification because the Covenant was not a separate document, but was part of the Treaty of Versailles. The Treaty became operative when ratified by Germany and by three of the five principal Allied powers – France, Great Britain, Japan, Italy, the United States.
As for the two Bretton Woods agreements, they are to be in effect when ratified by states furnishing 65 percent of the funds provided. Since the United States is to provide almost 35 percent of the funds for the international bank and more than 31 percent of the funds for currency control (no other state is to provide one-half so much), the United States was given in effect a veto power over the Bretton Woods agreements.
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