GUSTAVO GUTIERREZ Y SANCHEZ

Cuban Lawyer, Jurist, Politician, Diplomat, Economist.


1895-1959

Speaker of the House, 1940 (portrait by Valderrama)

Jurist Politician Diplomat Economist

Professor of International Law, School of Law, University of Havana-1919-1934.
Secretary/treasurer-Cuban Society of International Law, 1920.
Legal Counsel to Secretary of State-1925-29
Delegate- VI American International Conference, 1928
Delegate/Technical Counsel-Conference on Conciliation and Arbitrage, Washington-1928
Secretary General-First Pan-American Conference of Municipalities, 1928
Delegate Plenapotentiary-Conference on Trademarks, Washington, 1929
Director of the International American Office for the Protection of Trademarks and Commerce, 1930.
Liberal Party - President-Havana province, 1930
Delegate-IV Pan-American Commercial Conference, Washington, 1931
Secretary of Justice, 1933
Member-House of Representatives, 1938-1942
Technical Advisor-Commission on Foreign Relations for the Senate, 1937
Technical Advisor-Commission for the Study of the New Constitution, 193?
President of the Foreign Relations Commission for the House of Representatives, 1939
Technical Director -Pan-American Commission for Intermuncipalities Cooperation, Chicago-1939
Delegate- VIII American Scientific Congress, Washington-1940
Speaker of the House of Representatives, 1940-1941
Cuban delegation head and Sub-Committee President, United Nations Relief and Rehabilitation Administration (UNRRA) Atlantic City, 1943, 1944 and 1945.
G.A.T.T. Chairman Legal Drafting Committee and Tech. Dir., Cuban Delegation) Geneva-1947; (Head of Cuban Delegation) Geneva, Petropolis-1950, 1954.
Head of Cuban delegation, (GATT) Havana Charter, 1948.
President-Junta de Economia de Guerra, 1942.
President-Cuban Maritime Commission, 1942-43.
Ambassador to the United Nations (Security Council)1948.
President-Cuban Delegation, General Assembly, 1949
Technical Director/Secretary/President-National Junta of Economy (Junta Nacional de Economia) 1948-1953.
President-United Nations Economic Committee, 1951.
Minister of Finance (Ministro de Hacienda) 1953-1955.
Special Envoy-O.A.S. Conference of the Presidents, Panama, 1956.
President-Cuban Nuclear Energy Commission, 1956.
President-Ministerial Commission for Tariff Reform, 1958.
Minister of Economy (a.k.a. Ministro Presidente-Consejo Nacional de Economia/National Board of Economy, 1955-1959.

Legislator

(See blog entries Curriculum Vitae, October 2008 and Bibliography, June 2008)

Author

(See blog entries Curriculum Vitae, October 2008 and Bibliography, June 2008)

February 5, 2010

Havana Charter #1-GG closing remarks, 1948


In the above photograph we see American Sub secretary William Clayton signing The Havana Charter for the U.S. and Dr. Gustavo Gutiérrez, head of the Cuban delegation Secretary of the "Junta Nacional de Economia," signing for Cuba.

On March 23, 1948, the acting head of the Cuban delegation and host to the International Trade Organization (ITO) conference, Dr. Gustavo Gutiérrez, delivered the closing remarks. His tone was somber yet gracious. This United Nations conference on trade and employment had begun it's journey in London, then New York, Geneva and finally, finishing in Havana. The Cuban delegation contributed to Chapter I which defined the purposes and objectives of the Havana Charter, emphasizing the need for the more developed nations to assist the younger states in reaching industrial development. In London, Cuban initiative succeeded in having included in the Charter recognition of the need to maintain fair labor standards. In Havana, the Cubans besought the Conference to bring up to date statistics of unemployment and to establish regional technical offices designed for this purpose. The results were not to Dr. Gutierrez's satisfaction. Chapter III (articles 8 to 15), on Economic Development and Reconstruction, was introduced into the Charter largely by the efforts of the delegation of Cuba requesting the need for counter-balancing the measures designed to expand world trade and safeguarding the development of countries with young economies. He criticizes The United States for not including this chapter in a previous conference on expanding world trade and employment and the Cuban delegation abstained in New York finding Article 13 unsatisfactory. At the Geneva Sessions Cuba was one of the more active nations in the fight for promoting economic development for the undeveloped nations. The Cuban delegation also had the good fortune of being chosen to preside over the large Sub-Committee in Havana and set up to modify Articles 13 and 14 and made a contribution to the solution in resloving problems associated to "dumping" and balance of payments difficulties. Regarding "Commercial Policy" Gutiérrez was pleased that under "Restrictive Commercial Practices" a real code of international trade had been created. Thanks to the initiative of the Cuban delegation in Geneva, the important principles of Chapter V were extended to cover certain services such as transportation, telecommunications, insurance and banking. The Cuban delegation was chosen to preside over the special committees dealing with the Tariff Committee and the Executive Board and it was the so-called "Cuban compromise" formula that solved the election problem. The Cuban delegation also managed that the Charter of the newly created International Trade Organization (ITO) be called the Havana Charter.

Dr. Gutiérrez begins to draw his speech to a close by saying, "As the mayor of Havana said when he presented a token of our gratitude to all the delegates, Havana, which, standing at the crossroads of world trade and civilization was, even in the sixteenth century, called by the Kings of Spain, the Key to the New World and the Bastion of the West Indies, has been honored by your action in linking its name with one of the most substantial pledges on behalf of fraternity and universal progress of our time. From now on the name Havana will also be a symbol of understanding and of hope for the economic prosperity of the peoples and nations."

At the end of his speech Gutiérrez concludes, " It has been said many times that the Havana Charter is not a perfect document, but the fact that it completely satisfies nobody is proof of it's balanced character. To some it appears too rigid. To others too flexible and riddled with escape clauses."..."The important thing is that the spirit of the Charter should not be betrayed. If the interpretation of the provisions of the Charter and the activities of the men responsible for directing the Organization are swayed by passion or favouritism, if accommodating formulas are always found to satisfy the interest of the great economic powers while they disdain to attend to the just demands of the weak countries, if they are not capable of being just without being severe, we shall have been plowing a desert."

"Let no one be intoxicated by the power which money gives. Let us not replace justice by force, because both money and force are transient. Many years ago the Chinese philosophers taught that all in this world has its spring, its summer, its autumn and its winter, and that this cycle, which in some cases, as in the case of flowers, is very rapid, and as in the case of the stars, very long, is an eternal process, provided that atomic proliferation does not put a stop to everything."

"At Geneva, our attention was drawn to a bronze plaque, which reminds the passerby that more than two thousand years ago, Cesar passed by that place on his way to conquer the barbarians who inhabited Gaul. Tomorrow in this country, which only four and a half centuries ago was a paradise of happy and kindly savages, you will be signing the Charter of the International Trade Organization. Caesar has gone his way and Gaul is now one of the most civilized countries in the world, but the name of Geneva is still a symbol of peace and liberty. You also will go your way and the sunny land of the Siboney and Taino Indians will continue its progress until it also becomes one of the most famous nations in the world. May the gentle indian name, Havana, under whose protection the well-intentioned Charter of the International Trade Organization now rests, be for everybody a talisman of goodwill, progress and prosperity. Gentlemen, on behalf of the Cuban delegation , my thanks to you all."

Dr. Gustavo Gutierrez




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