Treaty of Defensive Alliance (Bolivia–Peru)

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Treaty of Defensive Alliance [Tratado de Alianza Defensiva] (1873)
the Republics of Bolivia and Peru

Translated text from Douglas M. Gibler, International Military Alliances, 1648-2008, Vol. 2 (CQ Press, 2008), pp. 176-177. Identical version can be found at British and Foreign State Papers, 1878-1879, Vol. LXX, Compiled by Lewis Hertslet and Edward Hertslet (London: William Ridgway, 169, Piccadilly Publisher, 1886), pp. 214-216.

1777316Treaty of Defensive Alliance [Tratado de Alianza Defensiva]1873the Republics of Bolivia and Peru

the Republics of Bolivia and Peru, desirous to cement in solemn manner the bonds that unite them, to increase thus their strength, and mutually guarantee one another certain rights, have drawn up the present Treaty of Defensive Alliance, to which end the President of Bolivia has invested with ample powers to conduct said negotiation, Juan de la Cruz Benavente, Envoy Extraordinary and Minister Plenipotentiary in Peru; and the President of Peru has conferred the same upon Jose de la Riva-Agüero, Minister of Foreign Affairs, who have agreed upon the following stipulations:—

Article I. The Contracting Parties will unite and join to mutually guarantee their independence, sovereignty, and the integrity of their respective territories, binding themselves by the terms of the present Treaty to defend themselves against all foreign aggression, whether proceeding from another or other independent States, or from a force, without a flag, owing obedience to no recognized Power.

Article II. The alliance will become effective to protect the rights expressed ill the preceding Article, and particularly in cases of offence consisting:

1st. In acts tending to deprive either of the Contracting Parties of a portion of their territory, in order to assume dominion over it, or to yield it to another Power.
2ndly. In acts tending to oblige either of the Contracting Parties to submit to a protectorate, sale, or cession of territory, or to establish over it any superiority, right, or pre-eminence whatsoever, which may injure or offend the full and ample exercise of its sovereignty and independence.
3rdly. In acts tending to do away with or change the form of government, the political constitution, or the laws that the Contracting Parties have made, or may in future make, in the exercise of their sovereignty.

Article III. As both the Contracting Parties admit that every legitimate act of alliance is based upon justice, for each of them respectively the right is established of deciding whether the offence inferred to the other is comprised amongst those mentioned in the preceding Article.

Article IV. The casus foederis once declared, the Contracting Parties bind themselves to cease immediately their relations with the offending State; to hand their passports to its Diplomatic Ministers; to cancel the appointments of the Consular Agents; to forbid the importation of its natural and industrial products, and to close their ports against its ships.

Article V. The same parties will also appoint Plenipotentiaries to adjust, by Protocol, the arrangements necessary to determine upon the subsidies, the contingents of either sea or land forces, or the aid of whatever kind that must be lent to the Republic that has received the offense; the manner in which the forces are to act and the assistance to be lent, and whatever else may be convenient for the defence. The meetings of the Plenipotentiaries will take place in the place assigned by the offended party for that purpose.

Article VI. The Contracting Parties bind themselves to provide the one offended with the means of defence of which each may consider it can dispose, though the arrangements pointed out in the preceding Article may not have taken place, provided that they consider the case urgent.

Article VII. The casus foederis once declared, the offended party will not be able to make arrangements for peace, truce, or armistice without the concurrence of the ally who may have taken part in the war.

Article VIII. The Contracting Parties bind themselves in addition—

1st. To employ with preference, whenever it is possible, every conciliatory measure in order to avoid a rupture or to put an end to, the war, holding as the most effective, the arbitration of a third Power.
2nd. Not to admit or accept from any nation or Government, protectorate or superiority that may injure and lessen their independence or sovereignty, and not to yield up or transfer in favour of any nation or Government any part whatsoever of their territories excepting in the cases of better demarcation of limits.
3rd. Not to celebrate treaties of limits or of other territorial arrangements, without the other Contracting Party first knowing of same.

Article IX. The stipulations of the present Treaty do not extend to acts performed by political parties or the result of internal disturbances independent of foreign Governments; inasmuch as the principal object of the present Treaty of Alliance being the mutual guarantee of the sovereign rights of both nations, none of its clauses must be interpreted in opposition to its primary ends.

Article X. The Contracting Parties will, separately or collectively, when a subsequent agreement they may consider it convenient, solicit the adhesion of another or other American Sates to the present Treaty of Defensive Alliance.

Article XI. The present Treaty will be exchanged in Lima or in La Paz as soon as it is legally perfected, and will remain in full force on the twentieth day after said exchange takes place. Its duration shall be for an indefinite period, each party reserving to itself the right of considering it as no longer existing when such shall be thought convenient. In such a case, the party desiring to annul the Treaty must notify the other party of the same, and the Treaty will no longer have effect on the lapse of 40 months from such notification.

In testimony whereof the respective Plenipotentiaries signed it in duplicate and sealed it with their private seals.
Done in Lima, on the 6th day of February, 1873.
(L.S.) Juan de la Cruz Benavente
(L.S.) José de la Riva-Agüero

Additional Article. The present Treaty of Defensive Alliance between Bolivia and Peru shall be kept secret so long as the High Contracting Parties, by common accord, shall not deem its publication necessary.