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Furthermore, it must be observed that the difficulties anticaped by Austria- Hungary, Norway and Sweden, as regards their legislation, were foreseen by the Delegates of the Signatory Powers and were, indeed, the subject of thorough examination by the twelve Contracting Powers. Almost all the Signatory Powers are in the same position as the above-mentioned Powers and have not yet for- mulated all the measures contemplated by the Convention.
2nd. Expresses the wish that the Government of the Netherlands may be pleased to communicate to the Governments of Bulgaria, Greece, Montenegro, Peru. Roumania, Servia, Turkey and Uruguay, the following resolution:
"The Conference regrets that certain Governments have as yet declined or failed to sign the Convention. The Conference is of the opinion that the abstention of these Powers would prejudice most seriously the humanitarian ends sought by the Convention. The Conference expresses the firm hope that these Powers will alter their negative or dilatory attitude”.
3rd. Expresses the wish that the Government of the Netherlands may be pleased to inform the Swiss Government that it is mistaken in its belief that its cooperation will be almost valueless. Contrary to the view expressed in the letter of the Federal Council of October 25, 1912, the Conference believes that the cooperation of Switzerland will be most useful, while its abstention will jeopardize the results of the Convention. As for the consideration advanced by the Federal Council concerning the respective fields of federal and cantonal legislation, it may be observed that similar difficulties confronted the First Conference, which took them into account while drafting the text of the Convention.
4th. Invites the Signatory Governments to instruct their representatives abroad to support the above-mentioned representations of their Netherlands colleagues.
(5th. Expresses the hope that should the signature of all the Powers invited in accordance with paragraph 1 of Article 23 not be obtained by December 31, 1913, the Government of the Netherlands will immediately request the Signatory Powers to appoint Delegates to proceed to the Hague to examine into the possi- bility of putting into effect the International Opium Convention of January 23, 1912). In witness whereof the Delegates have attached their signatures to this Protocol.
Done at the Hague, the
in one instrument, which shall be deposited
in the archives of the Government of the Netherlands and copies of which, duly certified, shall be forwarded through diplomatic channels to all the Signatory as well to as the Non-Signatory Powers.
For Germany, etc.
Mr. van Deventer, Chairman of the Editing Committee, proposed that the Protocol of Cloture be divided in three parts, I, II and III:
The first embodying the clause for the deposit of ratifications; the second containing the resolution already adopted by the Conference and consisting of four parts; the third comprising a nex proposal of the Editing Committee, as follows:
III. Expresses the wish that should the signature of all the Powers invited in accordance with paragraph 1 of Article 23 not be obtained by December 31. 1913, the Government of the Netherlands immediately ask the Signatory Powers to appoint Delegates to proceed to the Hague to examine the possibility of placing in force the International Opium Convention of January 23, 1912.
In the text the words: "at that date" after "the Signatory Powers", were erased from the original text in order not to exclude the Powers who should sign after December 31, 1913, but before the assembling of the third Conference eventually necessary.
BI
As Delegate of the Netherlands, the speaker was not in accord with the suggestions of Mr. STENIO VINCENT that the text of the resolution adopted by the Conference be modified.
Mr. Stenlo Vincent replied that the fact that the Conference had already adopted this resolution did not preclude later modifications of form. The Editing Committer had just done so.
Mr. van Deventer remarked that these modifications related to a proposal of the Committee itself and not to the resolutions of the Conference. As regards the resolutions, they had been formulated with a desire to express them clearly and he believed that this clarity would only be impaired by substituting for the present wording the terms proposed by Mr. STENIO VINCENT.
The President expressed himself as in accord with this view, whereupon Mr. Stenio Vincent stated that he did not insist upon his suggestion. Mr. van Deventer, Chairman of the Editing Committee, said:
On behalf of the Editing Committee I have the honor to give a short résumé of our labors, from which has resulted the proposed Protocol of Cloture which we have presented to the Conference.
This task has been considerably facilitated by the assistance of many of our colleagues, not only by participating in our deliberations but also in giving us their good advice.
The most valuable assistance of all has been that of our Honorary President, His Exe. Jonkheer DE MAREES VAN SWINDEREN who had the great kindness to attend our last meeting and gave us the benefit of his ability and experience. Our Committee is happy to be able to assure you that the proposal presented to the Conference is wholly in harmony with the views of our Honorary President. On behalf of your Committee I warmly thank His Excellency and our colleagues for their cooperation.
The Editing Committee considered it necessary to examine first of all the reply that the Conference has made to the question submitted to it under paragraph 2 of Article 23 of the Convention; to ascertain whether, in case all the signatures are not yet obtained, the deposit of ratifications would never- theless be possible. In the plenary session of July 2 the President proposed that the nations who are ready to ratify now deposit their ratifications. Our Committee having detected no opposition to his proposition, believes that it may consider the proposition as accepted. Thanks to the proposal of the Chinese Delegation the Conference has been enabled to reach a formal decision in this matter.
This decision has just been taken, so that the parentheses between which we placed the words has decided that deposit of ratifications muy now take place may be erased.
Having determined the possibility of the deposit of ratifications, the Editing Committee considered the proposition made by the British Delegation in the plenary session of July 4 and accepted by the Conference, that there be inserted in the Protocol of Cloture: Ist. the resolution unanimously adopted, 2nd. an amendment to Article 23, reviewing the situation created by the signature of the Convention by a large number of the Powers and the abstention of a certain number thereof.
The matter is very simple as regards the resolution. As our President said in the third plenary session, the principal task of the Conference would seem
to be accomplished as soon as this resolution is adopted.
The Committee therefore believed that it interpreted the desire of the Conference in inserting this resolution literally in the protocol.
The amendment suggested by the British Delegation, which entails a modi- fication of the Convention of January 23, 1912, presents some difficulties.
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