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Session Laws, 1961
Volume 654, Page 1719   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                        1719

At the time the United Nations was established in the late 1940's,
it was given jurisdiction in the member states over all matters not
essentially domestic. At that time, and in the so-called Connally
Amendment, the United States interposed a reservation that it would
give final determination to what matters are or are not "essentially
domestic".

The Connally Amendment has been argued and re-argued through-
out the length and breadth of the United States. Recently, the
Maryland State Bar Association adopted recommendations by a
committee which had studied the subject, and these recommendations
are abundantly worthy of serious thought by the people of this coun-
try.

Essentially, the recommendation of the State Bar Association was
that first, we should not repeal the Connally Amendment; and second-
ly, that we should not leave it in its present form. The Bar Associa-
tion recommended that the Connally Amendment should be rewritten
so as more fully to protect our independence, domestic freedom, and
national sovereignty, while, at the same time, restating our belief
in the principles of world peace, through law, to the maximum extent
practical under present world conditions; now, therefore, be it

Resolved by the General Assembly of Maryland, That this body
recommends a withdrawal of our present acceptance of the juris-
diction of the International Court of Justice, and the substitution
therefor of a new acceptance embodying the following new features:

1.   Subject to an over-riding condition of reciprocity, the un-
conditional acceptance of the jurisdiction of the Court in disputes
relating to claims for money damages, arising out of actions or omis-
sions of a state which has caused injury to the person or property of
a national of another state.

2.  An exception from our acceptance of the jurisdiction of the
Court as to disputes involving enumerated items, such as, but not
necessarily limited to, tariffs, immigration, atomic energy, off-shore
rights, changes in the value of currency, and such other matters as
may be or may have traditionally been considered within our
domestic jurisdiction.

3.  A national security reservation, modeled generally after the
British and French declarations excepting from the Court's juris-
diction disputes arising out of such matters as war, international
hostilities and military occupation, or our rights in canals, water-
ways, military, naval and air bases, or any other matter affecting the
defense of the United States or its national security.

4. In lieu of our present privilege of withdrawal, a provision similar
to that of the United Kingdom, reserving the right to add to, amend
or withdraw any reservations to our declaration of acceptance of the
jurisdiction of the Court without prior notice, and be it further

Resolved, That the Secretary of the Senate of Maryland be directed
to send copies of this Resolution, under the Great Seal of the State
of Maryland, to the Senate Foreign Relations Committee of the
Senate of the United States, and to each of the two Senators from the
State of Maryland in the Senate of the United States.

Approved May 3, 1961.

 

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Session Laws, 1961
Volume 654, Page 1719   View pdf image (33K)
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