INTERNATIONAL COURT OF JUSTICE OBLIGATION TO NEGOTIATE ACCESS TO THE PACIFIC OCEAN (BOLIVIA v. CHILE) MEMORIAL OF THE GOVERNMENT OF THE PLURINATIONAL STATE OF BOLIVIA VOLUME II PART I (ANNEXES 1 – 115) 17 APRIL 2014 2 TABLE OF CONTENTS VOLUME II PART I POLITICAL CONSTITUTIONS ········································································· 9 ANNEX 1: EXTRACTS FROM BOLIVIA’S CONSTITUTIONS OF 1831, 1834, 1839 AND 1843 ····························································································· 3 ANNEX 2: EXTRACTS FROM CHILE’S CONSTITUTION OF 1833 ····························· 5 NATIONAL LEGISLATION ·············································································· 7 ANNEX 3: LAW OF INDIES, BOOK II, TITLE XV, LAW IX ON THE LIMITS OF THE PROVINCE OF CHARCAS ································································· 9 ANNEX 4: BOLIVIAN LAW OF 5 NOVEMBER 1832 ············································· 11 ANNEX 5: BOLIVIAN LAW OF 17 JULY 1839 ····················································· 13 ANNEX 6: CHILEAN LAW OF 31 OCTOBER 1842 ················································ 15 ANNEX 7: BOLIVIAN LAW OF 4 NOVEMBER 1844 ON TRANSPORT AGREEMENTS ·· 17 ANNEX 8: BOLIVIAN LAW OF 14 FEBRUARY 1878 ············································· 19 ANNEX 9: BOLIVIAN DECREE OF 28 DECEMBER 1825 ········································ 21 ANNEX 10: BOLIVIAN DECREE OF 10 SEPTEMBER 1827 ······································· 23 ANNEX 11: BOLIVIAN DECREE OF 1 JULY 1829 ·················································· 25 ANNEX 12: BOLIVIAN ORDER OF 26 NOVEMBER 1832 ········································· 27 ANNEX 13: BOLIVIAN ORDER OF 15 OCTOBER 1840 ··········································· 29 ANNEX 14: RESOLUTION OF 1 FEBRUARY 1879 ················································· 31 CORRESPONDENCE (MEMORANDUMS, DIPLOMATIC NOTES, NOTES VERBALES AND LETTERS) ············································································ 35 ANNEX 15: CHILEAN MEMORANDUM OF 3 MARCH 1879 ····································· 37 ANNEX 16: BOLIVIAN MEMORANDUM OF 31 MARCH 1879 ·································· 39 ANNEX 17: BOLIVIAN MEMORANDUM Nº 38 OF 22 JUNE 1895 ······························· 43 ANNEX 18: BOLIVIAN MEMORANDUM OF 22 APRIL 1910 ···································· 89 ANNEX 19: CHILEAN MEMORANDUM OF 9 SEPTEMBER 1919 ······························· 93 ANNEX 20: CHILEAN MEMORANDUM OF 23 JUNE 1926 ······································· 95 ANNEX 21: SECRETARY OF STATE FRANK B. KELLOGG’S MEMORANDUM OF 30 NOVEMBER 1926 ······································································· 97 ANNEX 22: CHILEAN MEMORANDUM OF 4 DECEMBER 1926 ······························ 105 3 ANNEX 23: BOLIVIA’S FOREIGN AFFAIRS MINISTER MEMORANDUM Nº 327 OF 1 AUGUST 1929 ······································································ 113 ANNEX 24: MEMORANDUM OF THE EMBASSY OF CHILE IN BOLIVIA ADDRESSED TO THE MINISTRY OF FOREIGN AFFAIRS, 10 JULY 1961 ························· 119 ANNEX 25: BOLIVIA’S MEMORANDUM Nº G.M. 9-62/127, 9 FEBRUARY 1962 ·········· 121 ANNEX 26: THE CHILEAN MEMORANDUM OF 26 NOVEMBER 1976 ····················· 123 ANNEX 27: BOLIVIAN MEMORANDUM Nº 1 OF 18 APRIL 1987 ····························· 125 ANNEX 28: BOLIVIAN MEMORANDUM Nº 2 OF 18 APRIL 1987 ····························· 129 ANNEX 29: LEGATION OF CHILE’S NOTE OF 2 JULY 1878 ··································· 131 ANNEX 30: MINISTER OF FOREIGN AFFAIRS OF BOLIVIA’S NOTE, 26 DECEMBER 1878 ·························································································· 137 ANNEX 31: CHILEAN LEGATION’S NOTE Nº42, 20 JANUARY 1879 ························ 141 ANNEX 32: CHILEAN NOTE OF 9 MAY 1879 ····················································· 143 ANNEX 33: CHILEAN NOTE OF 29 MAY 1879 ···················································· 145 ANNEX 34: CHILEAN MINISTER OF FOREIGN AFFAIRS NOTE OF 26 NOVEMBER 1879 ·························································································· 147 ANNEX 35: CHILEAN PRESIDENT, ANIBAL PINTO ALTAMIRANO’S NOTE OF 24 JULY 1880 ·················································································· 149 ANNEX 36: CHILEAN PRESIDENT, DOMINGO SANTA MARIA’S NOTE OF 7 JANUARY 1884 ··········································································· 151 ANNEX 37: NOTE OF THE MINISTERS PLENIPOTENTIARIES OF BOLIVIA IN CHILE, 27 FEBRUARY 1884 ··························································· 153 ANNEX 38: PLENIPOTENTIARY MINISTERS OF BOLIVIA’S NOTE ON THE 2 APRIL 1884 ················································································ 155 ANNEX 39: NOTE FROM ABRAHAM KÖNIG MINISTER PLENIPOTENTIARY OF CHILE IN BOLIVIA, DATED 13 AUGUST 1900 ································ 157 ANNEX 40: BOLIVIAN MINISTER OF FOREIGN AFFAIRS AND WORSHIP’S NOTE, 15 OCTOBER 1900 ······························································ 165 ANNEX 41: LEGATION OF BOLIVIA’S NOTE Nº 136 OF 25 APRIL 1913 ···················· 177 ANNEX 42: BOLIVIAN MINISTER OF FOREIGN AFFAIRS AND WORKSHIP’S NOTE Nº 126 OF 24 MAY 1919 ························································· 179 ANNEX 43: BOLIVIAN MINISTRY OF FOREIGN AFFAIRS AND WORSHIP’S NOTE Nº 31 OF 21 NOVEMBER 1919 ················································· 183 4 ANNEX 44: BOLIVIAN MINISTRY OF FOREIGN AFFAIRS’ NOTE OF 16 MARCH 1920 ·························································································· 191 ANNEX 45: BOLIVIAN LEGATION’S NOTE Nº 285 OF 2 JUNE 1922 ························· 199 ANNEX 46: CHILE’S LETTER TO THE LEAGUE OF NATIONS ASSEMBLY, 19 SEPTEMBER 1922 ········································································ 201 ANNEX 47: BOLIVIAN MINISTRY OF FOREIGN AFFAIRS’ NOTE OF 27 JANUARY 1923 ·························································································· 205 ANNEX 48: CHILEAN MINISTER OF FOREIGN AFFAIRS’ NOTE OF 6 FEBRUARY 1923 ·························································································· 209 ANNEX 49: MINISTER PLENIPOTENTIARY OF BOLIVIA’S NOTE OF 9 FEBRUARY 1923 ·························································································· 213 ANNEX 50: CHILEAN MINISTER OF FOREIGN AFFAIRS’ NOTE OF 22 FEBRUARY 1923 ·························································································· 215 ANNEX 51: MINISTER PLENIPOTENTIARY OF BOLIVIA’S NOTE Nº 68 OF 2 MARCH 1923 ·························································································· 217 ANNEX 52: BOLIVIAN FOREIGN MINISTER NOTE Nº 1489 2 DECEMBER 1926 ········· 219 ANNEX 53: BOLIVIAN MINISTER OF FOREIGN AFFAIRS NOTE Nº 1497 OF 7 DECEMBER 1926 ········································································· 223 ANNEX 54: LEGATION OF BOLIVIA’S NOTE Nº 395, 4 MAY 1929 ··························· 227 ANNEX 55: EMBASSY OF BOLIVIA’S NOTE Nº 242/44 OF 29 DECEMBER 1944 ········· 231 ANNEX 56: AMBASSADOR OF BOLIVIA’S NOTE Nº 127 MRE/46 OF 16 NOVEMBER 1946 ·························································································· 237 ANNEX 57: EMBASSY OF BOLIVIA’S NOTE Nº 211 OF MRE/47 4 APRIL 1947 ··········· 243 ANNEX 58: EMBASSY OF BOLIVIA’S NOTE Nº 725/526 OF 18 JULY 1947 ················· 245 ANNEX 59: AMBASSADOR OF BOLIVIA’S NOTE Nº 22/13 OF 6 JANUARY 1948 ········ 247 ANNEX 60: ENCRYPTED CABLEGRAM Nº 116 FROM AMBASSADOR OSTRIA GUTIERREZ TO THE FOREIGN MINISTRY OF BOLIVIA OF 1 JUNE 1948 ·························································································· 249 ANNEX 61: EMBASSY OF BOLIVIA’S NOTE Nº 455/325 OF 2 JUNE 1948 ·················· 251 ANNEX 62: AMBASSADOR OF BOLIVIA’S NOTE Nº 515/375 OF 28 JUNE 1948 ·········· 253 ANNEX 63: EMBASSY OF BOLIVIA’S NOTE Nº 648/460 OF 28 JULY 1948 ················· 267 ANNEX 64: AMBASSADORS OF BOLIVIA’S NOTE Nº 1406/988 OF 24 DECEMBER 1949 ·························································································· 269 ANNEX 65: EMBASSY OF BOLIVIA’S NOTE Nº 212/151 OF 14 MARCH 1950 ············· 273 5 ANNEX 66: NOTE Nº 645/432 OF BOLIVIAN AMBASSADOR TO THE MINISTER OF FOREIGN AFFAIRS OF BOLIVIA, DATED 11 JULY 1950 ······················· 277 ANNEX 67: AMBASSADOR OF BOLIVIA’S NOTE Nº 668/444 OF 19 JULY 1950 ·········· 281 ANNEX 68: AMBASSADOR OF BOLIVIA’S NOTE Nº 737/472 OF 3 AUGUST 1950 ······· 283 ANNEX 69: PRESIDENT OF BOLIVIA’S NOTE OF 19 SEPTEMBER 1975 ··················· 289 ANNEX 70: PRESIDENT OF CHILE’S NOTE NO 685 OF 30 SEPTEMBER 1975 ·············· 293 ANNEX 71: NOTE Nº 681/108/75 OF 16 DECEMBER 1975 ······································· 297 ANNEX 72: FOREIGN RELATIONS MINISTER OF CHILE’S NOTE OF 19 DECEMBER 1975 ·························································································· 299 ANNEX 73: FOREIGN RELATIONS MINISTER OF CHILE’S NOTE Nº 686 OF 19 DECEMBER 1975 ········································································· 301 ANNEX 74: PRESIDENT OF CHILE’S NOTE OF 8 FEBRUARY 1977 ························· 307 ANNEX 75: PRESIDENT OF BOLIVIA’S NOTE OF 8 FEBRUARY 1977 ······················ 311 ANNEX 76: PRESIDENT OF CHILE’S NOTE OF 23 NOVEMBER 1977 ······················· 315 ANNEX 77: PRESIDENT OF BOLIVIA’S NOTE OF 21 DECEMBER 1977 ···················· 317 ANNEX 78: PRESIDENT OF CHILE’S NOTE OF 18 JANUARY 1978 ·························· 323 ANNEX 79: MINISTRY OF FOREIGN AFFAIRS OF CHILE’S NOTE VERBALE Nº18561, 14 SEPTEMBER 1987 ··········································