\

~p. \
of such a great source of power, they would certainly require assurances that

they would be safeguarded against attack by a state that had secretly violated
its promises,

This is the well-knowm"safeguards" problem and it is probably the

most difficult one which the atomic energy commission will have to face,
It is in fact a very old problem.

The Greeks knew about it, and their

system of hostages was in effect a means of assuring fulfillment of treaty terms
beyond the mere promise of the signatories.t

A safeguard of almost equal

antiquity was the oath.

This was particularly prevalent in the Middle Ages when
spiritual
religious faith was strong and the/supremacy of the Pope over all sovereigns was
universally admitted.

The conclusion of treaties was marked by religious cere-

monies and the taking of the oath, the potential violator beingthreatenedwith
major excommunication.

There is no doubt about the fact that this added con-

this safeguard lost its power, due partly to a diminution

aie

Oy

siderable strength to the sense of obligation of the~signatories.

But eventually

f faith, partly to

a

the changed position of the state in reference to the“tffurch, but perhaps chiefly
to the fact that it was not really reliable since the person under oath might

possibly be absolved from it.¢

Nevertheless, the custom has continued dow to

the present day of using terms of religious significance to give as much weight
as possible to treaty obligations, for example, "the sanctity of. treaties,"

"solemn covenants solemnly arrived at," "sacred obligations," etc,
‘Other forms of safeguards used today are the occupation of territory, as in
the case of the Rhineland after the First World War, the guarantee by third
powers of the fulfillment of a treaty, and the pledging of certain sources of
e

i. This custom continued down to fairly recent times, the last well-known case

being that of the Treaty of Aix-la-Chapellc, October 18, 1748, which pro-

vided that two English lords were to be handed over to France until the
restoration of Cape Breton Island and the English conquests in the East and
West Indies. See Coleman Phillipson, Termination of War and Treaties of

Peace, London, 1916, p. 208.

2. See P. C. Borda, De 1l'inexécution des Traités, Paris, 1922, pp. 37-38.

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