Thursday 20 October 2011

WHAT PRICE TREATIES?

One of the more difficult aspects of performance writing is the drafting of legislation, treaties, accords and constitutions. They are by their very nature performative texts. A listing of requirements, obligations and proscriptions that are intended to provide all the parties concerned, directly or indirectly, with or within the scope of the particular document, some security and peace of mind. These texts are very often seen as a ‘mission statement’, something to clarify the aims and objectives of all the participants to whatever is contained in the accord. It is in effect a contract to perform.

Convention respecting fisheries, boundary, and the restoration of slaves
Various agreements were put into effect on the 20th OctoberThe Convention of 1818, signed between the United States and the United Kingdom, which, inter alia, settled the border between Canada and the United states on the 49th parallel, for most of its length.  Article V of the treaty was also of interest: 
“Article V agreed to refer differences over a U.S. claim arising from the Treaty of Ghent, which ended the War of 1812, to "some Friendly Sovereign or State to be named for that purpose". The U.S. claim was for return of, or compensation for, slaves that were in British territory or on British naval vessels when the treaty was signed. The Treaty of Ghent article in question was about handing over property, and the U.S. claimed that these slaves were the property of U.S. citizens.”

On the 20th October 1883, Peru and Chile signed the Treaty of Ancón, by which Tarapacá province was ceded by Peru to Chile, bringing an end to Peru’s involvement in the War of the Pacific (hostilities were between Chile, Peru and Bolivia). Chile and Bolivia later signed the Treaty of Peace and Friendship 21 years later on the 20th October 1904, delimiting the border between the two countries.  Prior to these borders, Bolivia had access to the Pacific. It no longer has, and there are still rumblings in Bolivia about a ‘return to the sea’.


And what of the church? On the 20th October 1939, Pope Pius XII published his first major encyclical entitled Summi Pontificatus. The subtitle of the document is On the Unity of Human Society. The encyclical laments the destruction of Poland, denounces the Molotov-Ribbentrop Pact, and calls for a restoration of independent Poland. It is pointed out that ‘the encyclical letter certainly did not stop or shorten World War Two. It seemed to have little or no political impact at the time.”

It is noted in Humani Generis (beginning with a lot of negatives) “It is not to be thought that what is set down in Encyclical letters does not demand assent in itself, because in this the popes do not exercise the supreme power of their magisterium. For these matters are taught by the ordinary magisterium, regarding which the following is pertinent: “He who heareth you, heareth Me.” (Luke 10:16); and usually what is set forth and inculcated in Encyclical Letters, already pertains to Catholic doctrine. But if the Supreme Pontiffs in their acts, after due consideration, express an opinion on a hitherto controversial matter, it is clear to all that this matter, according to the mind and will of the same Pontiffs, cannot any longer be considered a question of free discussion among theologians.” 
How that for behind the word performance - If the Pope writes and encyclical, discussion closed.

Few pieces of political performance writing carry as much weight and hope as the words of Thomas Jefferson: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

I can’t help but wonder how that squares up with Article V of the Convention of 1818.
Here's a little ditty about World Treaties and The Big Picture- note the dialogue:

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