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The Jewish Trail of Tears The Evian Conference of ... - Haruth.com

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<strong>The</strong> Columbian delegate cited the “Declaration <strong>of</strong> the International Rights <strong>of</strong><br />

Man” which, with the Covenant <strong>of</strong> the League <strong>of</strong> Nations” and the “great principles <strong>of</strong><br />

modern international law,” affirmed that every State bore an obligation to preserve and<br />

protect the rights <strong>of</strong> personal liberty, property and life without regard to race, religion,<br />

gender or language. Article 5 avowed that a government could not arbitrarily withdraw<br />

citizenship from its nationals on the basis <strong>of</strong> religion, language or race. Such ideals were<br />

reiterated in Article 28 <strong>of</strong> the “Declaration <strong>of</strong> the Great Principles <strong>of</strong> International Law,”<br />

written by the Chilean jurist, Alejandro Alvarez. 9<br />

Despite lauding the nobility and l<strong>of</strong>tiness <strong>of</strong> such idealism Yepes argued that the<br />

modern state needed to face the “question <strong>of</strong> fact.” Although a particular group <strong>of</strong> people<br />

confronted a potentially catastrophic humanitarian crisis each nation needed to remain<br />

cognizant <strong>of</strong> its own “particular circumstances” affecting its potential contribution to<br />

solving the problem <strong>of</strong> forced emigration. Despite Columbia's democratic traditions and<br />

“humanitarian feelings” the immigration <strong>of</strong> European aliens would have to be restricted<br />

to “respectable agricultural workers who are prepared to <strong>com</strong>e and work on the land” and<br />

the nation would not “accept [or] tolerate” refugees who entered under false pretenses.<br />

9 L’Institut de Droit International adopted the Declaration <strong>of</strong> the Rights <strong>of</strong> Man on October 12, 1929.<br />

<strong>The</strong> Declaration was drafted by Andre Mandelstam, a Russian jurist and former director <strong>of</strong> the legal <strong>of</strong>fice<br />

<strong>of</strong> the Russian Ministry <strong>of</strong> Foreign Affairs in 1917. Following the Bolshevik Revolution he fled to Paris<br />

where, while teaching international law, he founded the International Diplomatic Academy with Antoine<br />

Frangulis. During November 1928 they <strong>com</strong>posed a resolution, adopted by the Academy that listed state<br />

obligations to its minorities. During 1929 the International Law Institute in New York City promulgated<br />

the Declaration that was outlined by Mandelstam and influenced by the policies <strong>of</strong> the Soviet Government.<br />

Non-Governmental Organizations and academics supported the Declaration during the 1930’s and called<br />

for the international application <strong>of</strong> its principles. Judge Alejandro Alvarez (born February 9, 1868) was a<br />

diplomat and law pr<strong>of</strong>essor. Alvarez and Dr. James Brown Scott founded the American Institute <strong>of</strong><br />

International Law in 1912 and served as its first Secretary General. He later served on the International<br />

Court <strong>of</strong> Justice after WWII.<br />

200

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