3 Important legal works American Science Congress 1940

 

      Dr. Gustavo Gutierrez, Vice-president of the Society of International Law

          The honor was conferred on him by the “American Scientific Congress. Three important papers were presented by the Illustrious Internationalist. 

 

          A well-deserved distinction has just been awarded to Dr. Gustavo Gutiérrez, delegate of the Cuban government to the "Eighth American Scientific Congress," by appointing him vice president of the ninth section entitled "Law, International Law and Jurisprudence." 

 

          The work carried out by the representative of Cuba has been the subject of multiple favorable comments, having demonstrated, once again, his talent, culture and efficiency. Dr. Gutiérrez presented three papers to the ninth section of Law, which were received with great enthusiasm, mainly the one he titled "Principles of management of the Inter-American Organization." About this last work we are pleased to provide our readers with some excerpts of its main points below.

 

RIGHTS AND DUTIES OF THE AMERICAN REPUBLICS.

 

          “Every State has the right to exist, protect and preserve its existence; but this right does not imply the right nor does it justify the act of the State to protect itself or preserve its existence by committing illegal acts against innocent or non-aggressor States.”

 

NON INTERFERENCE.

 

          One of the most important and transcendental articles of the papers presented by Dr. Gutierrez is the one that refers to the right to independence. It says as follows: (Article II): "Every State has the right to independence, to seek its happiness and free development without interference from other States, provided that, in doing so, it does not intervene or violate the rights of other States," (Number 2) of the Declaration of Rights and Duties of Nations, of the American Institute of International Law. “Consequently, the direct or indirect intervention of a State is inadmissible, whatever the reason, in the internal or external affairs of any other State”, (Article 80 of the Montevideo Convention of 1933 on the rights and duties of States).

 

ALL EQUAL BEFORE THE LAW.

 

          And the illustrious internationalist adds in Article III of his work: “Every State is equal before the law and has the same rights as any other that is part of the international community, and all States have the right to claim and assume among the powers from the world the equal and separate position to which the natural and divine laws empower.” Number III of the Declaration of the Rights and Duties of Nations of the American Institute of International Law.

 

AGAINST MILITARY OCCUPATIONS.

 

          Another article that contains thesis of great continental importance is article IV, when it states: "Every State has the right to the territory included within its defined borders, and to exercise exclusive jurisdiction over that territory, and over all persons, whether native or foreign. , that are in it... This right involves the duty not to recognize the validity or legal effects of the acquisition of territories, border arrangements or special advantages obtained by conquest or by force, whether it consists this in the use of force, whether it consists in the use of weapons, in threatening diplomatic representations or in any other effective means of coercion. The territory of the States is inviolable and cannot be the object of military occupation or other measures of force imposed by another State, directly or indirectly, or for any reason, not even temporarily.” (Article II of the Montevideo Convention of 1933 on the rights and duties of states, Declaration of the Pan-American Conference of Lima, of 1938. (Number 2) of the Declaration of Rights and Duties of Nations, of the American Institute of International Law. “Consequently, the direct or indirect intervention of a State is inadmissible, whatever the reason, in the internal or external affairs of any other State”,

 

THE COLLECTION OF MONEY OBLIGATIONS.

 

          In addition, around this important aspect pointed out, Dr. Gutierrez fixes Article V of his splendid work saying: “The compulsive collection of pecuniary obligations is illegal. No State has the right to interpret its action against another State in favor of its nationals if not through diplomatic channels and in a rational and courteous manner. In the event that it is alleged that the administrative authorities of the State in which the foreigner resides have materially prevented him from exercising his right before the Courts of Justice, or that it is proven that there has been a denial of justice by said courts, he must use procedure for the peaceful settlement of inter-American conflicts,” (Project Gutierrez presented to the Pan-American Conference of Havana of 1928 on the right of interposition: Argentine projects presented to the Conference of Buenos Aires, of 1936; Reports of the Committee of Experts of 1938”).

 

          In accordance with what was proposed by Dr. Gutiérrez, "all difficulties or disputes between the republics of America, of any nature whatever their origin, will be resolved by conciliation, arbitration or inter-American justice."