Foundations: Studies in Bible Theology

Text of the Modified Brussels Treaty

(The Brussels Treaty signed on 17 March 1948 was amended by the Paris Agreements signed on 23 October 1954)

[The High Contracting Parties,]

Resolved:

To reaffirm their faith in fundamental human rights, in the dignity and worth of the human person and in the other ideals proclaimed in the Charter of the United Nations;

To fortify and preserve the principles of democracy, personal freedom and political liberty, the constitutional traditions and the rule of law, which are their common heritage;

To strengthen, with these aims in view, the economic, social and cultural ties by which they are already united;

To co-operate loyally and to co-ordinate their efforts to create in Western Europe a firm basis for European economic recovery;

To afford assistance to each other, in accordance with the Charter of the United Nations, in maintaining international peace and security and in resisting any policy of aggression;

To promote the unity and to encourage the progressive integration of Europe;

To associate progressively in the pursuance of these aims other States inspired by the same ideals and animated by the like determination;

Desiring for these purposes to conclude a treaty for collaboration in economic, social and cultural matters and for collective self-defense;

Have agreed as follows:

ARTICLE I

Convinced of the close community of their interests and of the necessity of uniting in order to promote the economic recovery of Europe, the High Contracting Parties will so organize and co-ordinate their economic activities as to produce the best possible results, by the elimination of conflict in their economic policies, the co-ordination of production and the development of commercial exchanges.

The co-operation provided for in the preceding paragraph, which will be effected through the Council referred to in Article VIII, as well as through other bodies, shall not involve any duplication of, or prejudice to, the work of other economic organizations in which the High Contracting Parties are or may be represented but shall on the contrary assist the work of those organizations.

ARTICLE II

The High Contracting Parties will make every effort in common, both by direct consultation and in specialized agencies, to promote the attainment of a higher standard of living by their peoples and to develop on corresponding lines the social and other related services of their countries.

The High Contracting Parties will consult with the object of achieving the earliest possible application of recommendations of immediate practical interest, relating to social matters, adopted with their approval in the specialized agencies.

They will endeavor to conclude as soon as possible conventions with each other in the sphere of social security.

ARTICLE III

The High Contracting Parties will make every effort in common to lead their peoples towards a better understanding of the principles which form the basis of their common civilization and to promote cultural exchanges by conventions between themselves or by other means.

ARTICLE IV

In the execution of the Treaty, the High Contracting Parties and any Organs established by Them under the Treaty shall work in close co-operation with the North Atlantic Treaty Organization.

Recognizing the undesirability of duplicating the military staffs of NATO, the Council and its Agency will rely on the appropriate military authorities of NATO for information and advice on military matters.

ARTICLE V

If any of the High Contracting Parties should be the object of an armed attack in Europe, the other High Contracting Parties will, in accordance with the provisions of Article 51 of the Charter of the United Nations, afford the Party so attacked all the military and other aid and assistance in their power.

ARTICLE VI

All measures taken as a result of the preceding Article shall be immediately reported to the Security Council. They shall be terminated as soon as the Security Council has taken the measures necessary to maintain or restore international peace and security.

The present Treaty does not prejudice in any way the obligations of the High Contracting Parties under the provisions of the Charter of the United Nations. It shall not be interpreted as affecting in any way the authority and responsibility of the Security Council under the Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

ARTICLE VII

The High Contracting Parties declare, each so far as he is concerned, that none of the international engagements now in force between him and any other of the High Contracting Parties or any third State is in conflict with the provisions of the present Treaty.

None of the High Contracting Parties will conclude any alliance or participate in any coalition directed against any other of the High Contracting Parties.

ARTICLE VIII

1. For the purposes of strengthening peace and security and of promoting unity and of encouraging the progressive integration of Europe and closer co-operation between Them and with other European organizations, the High Contracting Parties to the Brussels Treaty shall create a Council to consider matters concerning the execution of this Treaty and of its Protocols and their Annexes.

2. This Council shall be known as the "Council of Western European Union"; it shall be so organized as to be able to exercise its functions continuously; it shall set up such subsidiary bodies as may be considered necessary: in particular it shall establish immediately an Agency for the Control of Armaments whose functions are defined in Protocol No. IV.

3. At the request of any of the High Contracting Parties the Council shall be immediately convened in order to permit Them to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise, or a danger to economic stability.

4. The Council shall decide by unanimous vote questions for which no other voting procedure has been or may be agreed. In the cases provided for in Protocols II, III and IV it will follow the various voting procedures, unanimity, two-thirds majority, simple majority, laid down therein. It will decide by simple majority questions submitted to it by the Agency for the Control of Armaments.

ARTICLE IX

The Council of Western European Union shall make an annual report on its activities and in particular concerning the control of armaments to an Assembly composed of representatives of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe.

ARTICLE X

In pursuance of their determination to settle disputes only by peaceful means, the High Contracting Parties will apply to disputes between themselves the following provisions:

The High Contracting Parties will, while the present Treaty remains in force, settle all disputes falling within the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice, by referring them to the Court, subject only, in the case of each of them, to any reservation already made by that Party when accepting this clause for compulsory jurisdiction to the extent that that Party may maintain the reservation.

In addition, the High Contracting Parties will submit to conciliation all disputes outside the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice.

In the case of a mixed dispute involving both questions for which conciliation is appropriate and other questions for which judicial settlement is appropriate, any Party to the dispute shall have the right to insist that the judicial settlement of the legal questions shall precede conciliation.

The preceding provisions of this Article in no way affect the application of relevant provisions or agreements prescribing some other method of pacific settlement.

ARTICLE XI

The High Contracting Parties may, by agreement, invite any other State to accede to the present Treaty on conditions to be agreed between them and the State so invited.

Any State so invited may become a Party to the Treaty by depositing an instrument of accession with the Belgian Government.

The Belgian Government will inform each of the High Contracting Parties of the deposit of each instrument of accession.

ARTICLE XII

The present Treaty shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Belgian Government.

It shall enter into force on the date of the deposit of the last instrument of ratification and shall thereafter remain in force for fifty years.

After the expiry of the period of fifty years, each of the High Contracting Parties shall have the right to cease to be a party thereto provided that he shall have previously given one year's notice of denunciation to the Belgian Government.

The Belgian Government shall inform the Governments of the other High Contracting Parties of the deposit of each instrument of ratification and of each notice of denunciation.

2. Background References

A. 1954 Paris Agreements

1. Protocol Modifying and Completing the Brussels Treaty

His Majesty the King of the Belgians, the President of the French Republic, President of the French Union, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands and Her Majesty The Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, Parties to the Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defense, signed at Brussels on March 17, 1948, hereinafter referred to as the Treaty, on the one hand,

and the President of the Federal Republic of Germany and the President of the Italian Republic on the other hand,

Inspired by a common will to strengthen peace and security;

Desirous to this end of promoting the unity and of encouraging the progressive integration of Europe;

Convinced that the accession of the Federal Republic of Germany and the Italian Republic to the Treaty will represent a new and substantial advance towards these aims;

Having taken into consideration the decisions of the London Conference as set out in the Final Act of October 3, 1954, and its Annexes;

Have appointed as their Plenipotentiaries:

His Majesty the King of the Belgians

His Excellency M. Paul-Henri Spaak, Minister of Foreign Affairs.

The President of the French Republic, President of the French Union

His Excellency M. Pierre Mendès-France, Prime Minister, Minister of Foreign Affairs.

The President of the Federal Republic of Germany

His Excellency Dr. Konrad Adenauer, Federal Chancellor, Federal Minister of Foreign Affairs.

The President of the Italian Republic

His Excellency M. Gaetano Martino, Minister of Foreign Affairs.

Her Royal Highness the Grand Duchess of Luxembourg

His Excellency M. Joseph Bech, Prime Minister, Minister of Foreign Affairs.

Her Majesty the Queen of the Netherlands

His Excellency M. Johan Willem Beyen, Minister of Foreign Affairs.

Her Majesty The Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth

For the United Kingdom of Great Britain and Northern Ireland The Right Honourable Sir Anthony Eden, K.G., M.C., Member of Parliament, Principal Secretary of State for Foreign Affairs.

Who, having exhibited their full powers found in good and due form,

Have agreed as follows:

ARTICLE I

The Federal Republic of Germany and the Italian Republic hereby accede to the Treaty as modified and completed by the present Protocol.

The High Contracting Parties to the present Protocol consider the Protocol on Forces of Western European Union (hereinafter referred to as Protocol No. II), the Protocol on the Control of Armaments and its Annexes (hereinafter referred to as Protocol No. III), and the Protocol on the Agency of Western European Union for the Control of Armaments (hereinafter referred to as Protocol No. IV) to be an integral part of the present Protocol.

ARTICLE II

The sub-paragraph of the preamble to the Treaty: "to take such steps as may be held necessary in the event of renewal by Germany of a policy of aggression" shall be modified to read: "to promote the unity and to encourage the progressive integration of Europe".

The opening words of the second paragraph of Article I shall read: "The co-operation provided for in the preceding paragraph, which will be effected through the Council referred to in Article VIII ...".

ARTICLE III

The following new Article shall be inserted in the Treaty as Article IV: "In the execution of the Treaty the High Contracting Parties and any organs established by Them under the Treaty shall work in close co-operation with the North Atlantic Treaty Organisation.

"Recognising the undesirability of duplicating the military staffs of NATO, the Council and its Agency will rely on the appropriate Military Authorities of NATO for information and advice on military matters".

Articles IV, V, VI and VII of the Treaty will become respectively Articles V, VI, VII and VIII.

ARTICLE IV

Article VIII of the Treaty (formerly Article VII) shall be modified to read as follows:

1. &laqno;For the purposes of strengthening peace and security and of promoting unity and of encouraging the progressive integration of Europe and closer co-operation between Them and with other European organisations, the High Contracting Parties to the Brussels Treaty shall create a Council to consider matters concerning the execution of this Treaty and of its Protocols and their Annexes.

2. &laqno;This Council shall be known as the 'Council of Western European Union'; it shall be so organised as to be able to exercise its functions continuously; it shall set up such subsidiary bodies as may be considered necessary: in particular, it shall establish immediately an Agency for the Control of Armaments whose functions are defined in Protocol No. IV.

3. &laqno;At the request of any of the High Contracting Parties the Council shall be immediately convened in order to permit Them to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise, or a danger to economic stability.

4. &laqno;The Council shall decide by unanimous vote questions for which no other voting procedure has been or may be agreed. In the cases provided for in Protocols II, III and IV it will follow the various voting procedures, unanimity, two-thirds majority, simple majority, laid down therein. It will decide by simple majority questions submitted to it by the Agency for the Control of Armaments.»

ARTICLE V

A new Article shall be inserted in the Treaty as Article IX: "The Council of Western European Union shall make an Annual Report on its activities and in particular concerning the control of armaments to an Assembly composed of representatives of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe".

The Articles VIII, IX and X of the Treaty shall become respectively Articles X, XI and XII.

ARTICLE VI

The present Protocol and other Protocols listed in Article I above shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Belgian Government.

They shall enter into force when all instruments of ratification of the present Protocol have been deposited with the Belgian Government and the instrument of accession of the Federal Republic of Germany to the North Atlantic Treaty has been deposited with the Government of the United States of America.

The Belgian Government shall inform the Governments of the other High Contracting Parties and the Government of the United States of America of the deposit of each instrument of ratification.

In witness whereof the above-mentioned Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.

Done at Paris this twenty-third day of October, 1954, in two texts, in the English and French languages, each text being equally authoritative in a single copy which shall remain deposited in the archives of the Belgian Government and of which certified copies shall be transmitted by that Government to each of the other signatories.

For Belgium:

(L.S.) P.-H. SPAAK.

For France:

(L.S.) P. MENDÈS-FRANCE.

For the Federal Republic of Germany:

(L.S.) ADENAUER.

For Italy:

(L.S.) G. MARTINO.

For Luxembourg:

(L.S.) JOS. BECH.

For the Netherlands:

(L.S.) J.W. BEYEN.

For the United Kingdom of Great Britain and Northern Ireland:

(L.S.) ANTHONY EDEN.

Annex I

A. Letter Concerning the Application and Interpretation of Article X of the Modified Brussels Treaty, Addressed by the Government of the Federal Republic of Germany to the Other Governments Signatory to the Protocol Modifying and Completing the Brussels Treaty

B. Reply to the Letter of the Government of the Federal Republic of Germany by the other Governments signatory to the Protocol modifying and completing the Brussels Treaty

Annex II

A. Letter Concerning the Application and Interpretation of Article X of the Modified Brussels Treaty, Addressed by the Government of Italy to the Other Governments Signatory to the Protocol Modifying and Completing the Brussels Treaty

B. Reply to the Letter of the Government of Italy by the Other Governments Signatory to the Protocol Modifying and Completing the Brussels Treaty

2. Protocol No. II on Forces of Western European Union

Agreement Drawn up on 14 December 1957 in Implementation of Article V of Protocol No. II of the Brussels Treaty as modified by the Protocols signed at Paris on October 23, 1954

3. Protocol No. III on the Control of Armaments

4. Protocol No. IV on the Agency of Western European Union for the Control of Armaments

5. Declaration Inviting Italy and the Federal Republic of Germany to Accede to the Brussels Treaty

B. Brussels Treaty

Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defence

Signed at Brussels on 17 March 1948

[This Treaty entered into force on 25 August 1948]

------------------------------------------------------------------------

Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defense between His Majesty in respect of the United Kingdom of Great Britain and Northern Ireland, His Royal Highness the Prince Regent of Belgium, the President of the French Republic, Her Royal Highness the Grand Duchess of Luxembourg, and Her Majesty the Queen of the Netherlands

------------------------------------------------------------------------

His Royal Highness the Prince Regent of Belgium, the President of the French Republic, President of the French Union, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands and His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas,

Resolved

To reaffirm their faith in fundamental human rights, in the dignity and worth of the human person and in the other ideals proclaimed in the Charter of the United Nations;

To fortify and preserve the principles of democracy, personal freedom and political liberty, the constitutional traditions and the rule of law, which are their common heritage;

To strengthen, with these aims in view, the economic, social and cultural ties by which they are already united;

To co-operate loyally and to co-ordinate their efforts to create in Western Europe a firm basis for European economic recovery;

To afford assistance to each other, in accordance with the Charter of the United Nations, in maintaining international peace and security and in resisting any policy of aggression;

To take such steps as may be held to be necessary in the event of a renewal by Germany of a policy of aggression;

To associate progressively in the pursuance of these aims other States inspired by the same ideals and animated by the like determination;

Desiring for these purposes to conclude a treaty for collaboration in economic, social and cultural matters and for collective self-defense;

Have appointed as their Plenipotentiaries:

His Royal Highness the Prince Regent of Belgium

His Excellency Mr. Paul-Henri SPAAK, Prime Minister, Minister of Foreign Affairs, and

His Excellency Mr. Gaston EYSKENS, Minister of Finance,

The President of the French Republic, President of the French Union

His Excellency Mr. Georges BIDAULT, Minister of Foreign Affairs, and

His Excellency Mr. Jean DE HAUTECLOCQUE, Ambassador Extraordinary and Plenipotentiary of the French Republic in Brussels,

Her Royal Highness the Grand Duchess of Luxembourg

His Excellency Mr. Joseph BECH, Minister of Foreign Affairs, and

His Excellency Mr. Robert ALS, Envoy Extraordinary and Minister Plenipotentiary of Luxembourg in Brussels,

Her Majesty the Queen of the Netherlands

His Excellency Baron C. G. W. H. VAN BOETZELAER VAN OOSTERHOUT, Minister of Foreign Affairs, and

His Excellency Baron Binnert Philip VAN HARINXMA THOE SLOOTEN, Ambassador Extraordinary and Plenipotentiary of the Netherlands in Brussels,

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas for the United Kingdom of Great Britain and Northern Ireland

The Right Honourable Ernest BEVIN, Member of Parliament, Principal Secretary of State for Foreign Affairs, and

His Excellency Sir George William RENDEL, K.C.M.G., Ambassador Extraordinary and Plenipotentiary of His Britannic Majesty in Brussels, who, having exhibited their full powers found in good and due form, have agreed as follows:-

------------------------------------------------------------------------

ARTICLE I

The co-operation provided for in the preceding paragraph, which will be effected through the Consultative Council referred to in Article VII as well as through other bodies, shall not involve any duplication of, or prejudice to, the work of other economic organizations in which the High Contracting Parties are or may be represented but shall on the contrary assist the work of those organizations.

ARTICLE II

They will endeavour to conclude as soon as possible conventions with each other in the sphere of social security.

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VI

None of the High Contracting Parties will conclude any alliance or participate in any coalition directed against any other of the High Contracting Parties.

ARTICLE VII

For the purpose of consulting together on all the questions dealt with in the present Treaty, the High Contracting Parties will create a Consultative Council, which shall be so organized as to be able to exercise its functions continuously. The Council shall meet at such times as it shall deem fit.

At the request of any of the High Contracting Parties, the Council shall be immediately convened in order to permit the High Contracting Parties to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise; with regard to the attitude to be adopted and the steps to be taken in case of a renewal by Germany of an aggressive policy; or with regard to any situation constituting a danger to economic stability.

ARTICLE VIII

In pursuance of their determination to settle disputes only by peaceful means, the High Contracting Parties will apply to disputes between themselves the following provisions:

The High Contracting Parties will, while the present Treaty remains in force, settle all disputes falling within the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice by referring them to the Court, subject only, in the case of each of them, to any reservation already made by that party when accepting this clause for compulsory jurisdiction to the extent that that Party may maintain the reservation.

In addition, the High Contracting Parties will submit to conciliation all disputes outside the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice.

The preceding provisions of this Article in no way affect the application of relevant provisions or agreements prescribing some other method of pacific settlement.

ARTICLE IX

The High Contracting Parties may, by agreement, invite any other State to accede to the present Treaty on conditions to be agreed between them and the State so invited.

Any State so invited may become a Party to the Treaty by depositing an instrument of accession with the Belgian Government.

The Belgian Government will inform each of the High Contracting Parties of the deposit of each instrument of accession.

ARTICLE X

The present Treaty shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Belgian Government.

It shall enter into force on the date of the deposit of the last instrument of ratification and shall thereafter remain in force for fifty years.

After the expiry of the period of fifty years, each of he High Contracting Parties shall have the right to cease to be a party thereto provided that he shall have previously given one year's notice of denunciation to the Belgian Government.

The Belgian Government shall inform the Governments of the other High Contracting Parties of the deposit of each instrument of ratification and of each notice of denunciation.

In witness whereof, the above-mentioned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done at Brussels, this seventeenth day of March 1948, in English and French, each text being equally authentic, in a single copy which shall remain deposited in the archives of the Belgian Government and of which certified copies shall be transmitted by that Government to each of the other signatories.

For Belgium:

(L.S.) P.H. SPAAK.

(L.S.) G. EYSKENS.

For France:

(L.S.) BIDAULT.

(L.S.) J. de HAUTECLOCQUE.

For Luxembourg:

(L.S.) Jos. BECH.

(L.S.) ROBERT ALS.

For the Netherlands:

(L.S.) W. van BOETZELAER.

(L.S.) van HARINXMA thoe SLOOTEN.

For the United Kingdom of Great Britain and Northern Ireland:

(L.S.) ERNEST BEVIN.

(L.S.) GEORGE RENDEL.

C. Nine-power Conference Documents

28 September - 3 October 1954

The Final Act of the Nine-Power Conference, held in London between 28 September and 3 October 1954

Annex I

Draft Declaration inviting the Federal Republic of Germany and Italy to Accede to the Brussels Treaty

Annex II

A. Statement by the United States Secretary of State (the Hon. John Foster Dulles) at the Fourth Plenary Meeting

B. Statement by the United Kingdom Secretary of State for Foreign Affairs (the Right Hon. Anthony Eden, MP), at the Fourth Plenary Meeting

C. Statement by the Canadian Minister for External Affairs (the Hon. Lester Pearson) at the Fourth Plenary Meeting

Annex III

Conference Paper on "A German Defence Contribution and Arrangements to Apply to SACEUR's Forces on the Continent"

D. Other Documents

11 May 1955

Agreement on the Status of Western European Union, National Representatives and International Staff, signed at Paris on 11 May 1955

Annexes

* Declaration by the Governments of Belgium, Luxembourg and the Netherlands

* Declaration by the Government of Italy

10 March 1955

Message sent by the President of the United States of America to the Governments of Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, and the United Kingdom


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TEXT OF THE MODIFIED BRUSSELS TREATY