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The Boundary Case Between Bolivia and Peru

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REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES The Boundary Case between Bolivia and Peru 9 July 1909 VOLUME XI pp. 133-146 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 THE BOUNDARY CASE BETWEEN BOLIVIA AND PERU COMPROMIS: 30 December 1902. ARBITRATOR: J. Figueroa Alcorta, President of the Argentine Republic. AWARD: 9 July 1909. Delimitation of the frontier line between Bolivia and Peru. BIBLIOGRAPHY A. M. Stuyt, Survey of International Arbitrations 1794-1938, The Hague, 1938, p. 261 Texts of the Compromis and Award American Journal of International Law, vol. 3, 1909, p. 1029 [English text of the award] ; supplement, vol. 3, 1909, p. 383 [English text of the compromis] British and Foreign State Papers, vol. 100, p. 803 [English text of the compromis] ; vol. 105, p. 572 [English text of the award] Le Baron Descamps et Louis Renault, Recueil international des traités du XXe siècle, année 1902, p. 428 [French and Spanish texts of the compromis] De Martens, Nouveau Recueil général de traités, 3e série, t. 3, p. 50 [Spanish text of the compromis] ; p. 53 [Spanish text of the award] Zeitschrift fiir Internationales Recht, vol. XX, p. 208 [German text of the com- promis]; p. 210 [German text of the award] Commentaries American Journal of International Law, vol. 3, 1909, p. 949 Boletin del Ministerio de Relaciones Exteriores (Peru), Ano VI, Num. XXV, p. 110 El Arbitraje entre las repûblicas de Bolivia y el Peru y su ultima négociation sobre fronteras, Documentos Diplomaticos, Ministerio de Relaciones Exteriores de la Repûblica de Bolivia, La Paz, 1909 P. Fiore, « La sentence arbitrale du Président de la République d'Argentine dans le conflit de limites entre la Bolivie et le Pérou », Revue générale de droit international public, t. XVII, 1910, p. 225 [including the French text of the compromis and award] E. Diez de Medina, El Laudo Argentina en el litigio Peru-Boliviano, La Paz, 1909 Louis Renault, « Le différend entre la Bolivie et le Pérou et l'Arbitrage inter- national », Revue générale de droit international public, t. XVI, p. 368 Rivista di Diritto Internazionale, 1909, pp. 419, 425. M. G. Sanchez Sorondo, El litigio Perû-boliviano y el folio arbitral, Buenos Aires, 1909 [including the Spanish texts of the compromis and award] A. Weis, « L'Arbitrage de 1909 entre la Bolivie et le Pérou », Revue générale de droit international public, t. XVII, 1910, p. 105 [including the French text of the award] Zeitschrift fiir Internationales Recht, vol. XX, p. 205 SYLLABUS• On 21 November 1901, the Governments of Bolivia and Peru concluded a general treaty of arbitration,z by virtue of which they bound themselves to submit to arbitration all controversies present or future "whatever may be their nature and causes, provided that it has been found impossible to settle them by direct negotiation " (article 1). In case of a dispute between the Parties a special agreement was to be concluded " with a view to determining the subject-matter of the controversy, to fixing the points that are to be settled, the extent of the powers of the arbitrator, and the procedure to be observed " (article 2). Articles 7 and 8 determined the powers of the arbitrator, who was to decide " in strict obedience to the provisions of international Law, and, on questions relating to boundary, in strict obedience to the American principle of uti posidetis of 1810, whenever, in the agreement mentioned in article 2, the application of the special rules shall not be established, or in case the arbitrator shall not be authorized to decide as an amicable referee ". On 30 December 1902, the Governments of Bolivia and Peru concluded a special agreement,3 according to which they submitted to the judgment and decision of the Government of the Argentine Republic, as arbitrator, the question of limits pending between them. The documentary evidence to be considered and upon which the arbitrator was to render his decision was defined in article 3. When, however, the evidence indicated in this article did not define the dominion of a territory in clear terms, the arbitrator was empowered to " decide the question according to equity, keeping as near as possible to the meaning of those documents and to the spirit which inspired them " (article 4). Duly invested with these functions, the President of the Republic of Argentina, by Decree of 20 October 1904, appointed an advisory commission to assist him in this arbitration. In accordance with die conclusions submitted by this com- mission for his approval the President, Figueroa Alcorta, rendered an award on 9 July 1909 which determined " in an equitable manner " the frontier line in dispute between the two Parties. * 1 American Journal of International Law, vol. 3, 1909, p. 949. 2 For the text of this treaty see ibid., vol. 3, 1909, Supplement, p. 378. 3 See infra, p. 139. * On 15 September 1909, Bolivia and Peru concluded a Protocol on the recognition of this award {British and Foreign State Papers, vol. 105, p. 578). TREATY1 OF ARBITRATION FOR THE SETTLEMENT OF THE BOUNDARY QUESTIONS BETWEEN THE REPUBLICS OF BOLIVIA AND PERU, SIGNED AT LA PAZ, 30 DECEMBER, 1902 The President of the Republic of Peru and the President of the Republic of Bolivia, desirous of settling the question of boundaries pending between the two countries, have for that purpose named as their Plenipotentiaries: His Excellency the President of the Republic of Peru : Doctor Felipe de Osma, His Envoy Extraordinary and Minister Plenipotentiary to the Government of Bolivia; and His Excellency the President of the Republic of Bolivia : Doctor Eliodoro Villazôn, His Minister for Foreign Affairs; Who, after having communicated to each other their full powers, found to be in good and due form, have, in conformity with the second Article of the General Treaty of Arbitration of the 21st November of last year, 2 concluded the following : — Article I. The High Contracting Parties submit to the judgment and decision of the Government of the Argentine Republic, in the character of Arbitrator (and) judge of right (Juez de derecho), the question of boundaries pending between the two Republics, in order to obtain an award that shall be definitive and without appeal, whereby all the territory which in 1810 belonged to the jurisdiction or district of the Audiencia of Charcas, within the boundaries of the Viceroyalty of Buenos Aires, in virtue of the enactments of the former Sovereign, shall fall to the Republic of Bolivia; and all the territory which at that same date in virtue of enactments of like origin belonged to the Viceroyalty of Lima, shall fall to the Republic of Peru. Article II. As the demarcation and delineation of the frontier which com- mences between the Peruvian provinces of Tacna and Arica and the Bolivian province of Carangas, to the west, as far as the snows of Palomani, have been settled by the Treaty of 23rd September of the present year, this section is excepted from the present Treaty. Article III. For the purposes of his award, the Arbitrator shall act in con- formity with the laws in the Collection of Statutes of the Indies, Royal Letters Patent and Orders (Recopilaciôn de Indias, Cedulas y Ordenes Reales), Ordinances of the Provincial Governors, diplomatic instruments relating to the demarcation of the frontiers, official maps and descriptions, and generally, with such documents of official character as may have been issued, so as to give the true interpretation to and carry out the royal dispositions in question. Article IV. Wherever the royal enactments or dispositions do not define the right of possession to a territory in a clear manner, the Arbitrator shall decide the question equitably, keeping as far as possible to their meaning and to the spirit which inspired them. 1 British and Foreign State Papers, vol. 100, p. 803. 2 Ibid., vol. 95, p. 1018. 140 BOLIVIA/PERU Article V. The rights over a territory exercised by one of the High Contracting Parties shall not be a bar to or prevail against titles or royal dispositions estab- lishing the contrary. Article VI. As soon as the ratifications of the present Treaty are exchanged, the High Contracting Parties shall, through the medium of their Envoys Extra- ordinary and Ministers Plenipotentiary, simultaneously request the Govern- ment of the Argentine Republic to accept the charge of Arbitrator, to assume jurisdiction for taking cognizance of and substantiating and deciding the controversy, and to establish the procedure to be followed. Article VII. One year after the notification of the acceptance, the said diplomatic representatives shall present an exposition of their case showing the claims of their respective countries and producing the documents on which they rest or are based. Article VIII. The said diplomatic agents shall represent their Governments in the case with all necessary powers to receive and answer notifications (traslados), submit proofs, present and amplify statements of claim (alegatos), and furnish data for the elucidation of the rights in discussion and, finally, to carry out the case to its conclusion. Article IX. As soon as the award is given, it shall become definitively executory by the fact of its having been brought to the cognizance of the said Envoys Extraordinary and Ministers Plenipotentiary of the High Contracting Parties. From that moment, the territorial demarcation shall be held to be definitively and obligatorily established, by right, between the two Republics. Article X. In all matters not specially settled in this Treaty, the Treaty of the 21st November, 1901, shall hold good. Article XI. The ratifications of this Treaty shall be exchanged at La Paz or at Lima without delay, as soon as it has been duly approved and ratified by the Governments and Legislatures of both countries.
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