Convention (II) for the Pacific Settlement of International Disputes in United States

Convention (II) for the Pacific Settlement of International Disputes

for the pacific settlement of international disputes

His Majesty the German Emperor, King of Prussia; the President of
the United States of America; the President of the Argentine Republic;
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic
King of Hungary; His Majesty the King of the Belgians; the President of
the Republic of Bolivia; the President of the Republic of the United
States of Brazil; His Royal Highness the Prince of Bulgaria; the
President of the Republic of Chile; His Majesty the Emperor of China; the
President of the Republic of Colombia; the Provisional Governor of the
Republic of Cuba; His Majesty the King of Denmark; the President of the
Dominican Republic; the President of the Republic of Ecuador; His Majesty
the King of Spain; the President of the French Republic; His Majesty the
King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India; His Majesty the King
of the Hellenes; the President of the Republic of Guatemala; the
President of the Republic of Haiti; His Majesty the King of Italy; His
Majesty the Emperor of Japan; His Royal Highness the Grand Duke of
Luxembourg, Duke of Nassau; the President of the United States of Mexico;
His Royal Highness the Prince of Montenegro; the President of the
Republic of Nicaragua; His Majesty the King of Norway; the President of
the Republic of Panama; the President of the Republic of Paraguay; Her
Majesty the Queen of the Netherlands; the President of the Republic of
Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of
Roumania; His Majesty the Emperor of All the Russias; the President of
the Republic of Salvador; His Majesty the King of Servia; His Majesty the
King of Siam; His Majesty the King of Sweden; the Swiss Federal Council;
His Majesty the Emperor of the Ottomans; the President of the Oriental
Republic of Uruguay; the President of the United States of Venezuela;

Animated by the sincere desire to work for the maintenance of
general peace;

Resolved to promote by all the efforts in their power the friendly
settlement of international disputes;

Recognizing the solidarity uniting the members of the society of
civilized nations;

Desirous of extending the empire of law and of strengthening the
appreciation of international justice;

Convinced that the permanent institution of a Tribunal of
Arbitration accessible to all, in the midst of independent Powers, will
contribute effectively to this result;

Having regard to the advantages attending the general and regular
organization of the procedure of arbitration;

Sharing the opinion of the august initiator of the International
Peace Conference that it is expedient to record in an International
Agreement the principles of equity and right on which are based the
security of States and the welfare of peoples;

Being desirous, with this object, of insuring the better working
in practice of Commissions of Inquiry and Tribunals of Arbitration, and
of facilitating recourse to arbitration in cases which allow of a summary
procedure;

Have deemed it necessary to revise in certain particulars and to
complete the work of the First Peace Conference for the pacific
settlement of international disputes;

The High Contracting Parties have resolved to conclude a new
Convention for this purpose, and have appointed the following as their
Plenipotentiaries:

(here follow the names of Plenipotentiaries.)

Who, after deposited their full powers, found in good and due form,
have agreed upon the following:

Part I. The maintenance of General Peace

Article 1

With a view to obviating as far as possible recourse to force in
the relations between States, the Contracting Powers agree to use their
best efforts to ensure the pacific settlement of international
differences.

Part II. Good Offices and Mediation

Article 2

In case of serious disagreement or dispute, before an appeal to
arms, the Contracting Powers agree to have recourse, as far as
circumstances allow, to the good offices or mediation of one or more
friendly Powers.

Article 3

Independently of this recourse, the Contracting Powers deem it
expedient and desirable that one or more Powers, strangers to the
dispute, should, on their own initiative and as far as circumstances may
alow, offer their good offices or mediation to the States at variance.

Powers strangers to the dispute have the right to offer good
offices or mediation even during the course of hostilities.

The exercise of this right can never be regarded by either of the
parties in dispute as an unfriendly act.

Article 4

The part of the mediator consists in reconciling the opposing
claims and appeasing the feelings of resentment which may have arisen
between the States at variance.

Article 5

The functions of the mediator are at an end when once it is
declared, either by one of the parties to the dispute or by the mediator
himself, that the means of reconciliation proposed by him are not
accepted.

Article 6

Good offices and mediation undertaken either at the request of the
parties in dispute or on the initiative of Powers strangers to the
dispute have exclusively the character of advice, and never have binding
force.

Article 7

The acceptance of mediation cannot, unless there be an agreement
to the contrary, have the effect of interrupting, delaying, or hindering
mobilization or other measures of preparation for war.

If it takes place after the commencement of hostilities, the
military operations in progress are not interrupted in the absence of an
agreement to the contrary.

Article 8

The Contracting Powers are agreed in recommending the application,
when circumstances allow, of special mediation in the following form:

In case of a serious difference endangering peace, the States at
variance choose respectively a Power, to which they intrust the mission
of entering into direct communication with the Power chosen on the other
side, with the object of preventing the rupture of pacific relations.

For the period of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in dispute cease from
all direct communication on the subject of the dispute, which is regarded
as referred exclusively to the mediating Powers, which must use their
best efforts to settle it.

In case of a definite rupture of pacific relations, these Powers
are charged with the joint task of taking advantage of any opportunity
to restore peace.

Part III. International Commissions of Inquiry

Article 9

In disputes of an international nature involving neither honour nor
vital interests, and arising from a difference of opinion on points of
facts, the Contracting Powers deem it expedient and desirable that the
parties who have not been able to come to an agreement by means of
diplomacy, should, as far as circumstances allow, institute an
International Commission of Inquiry, to facilitate a solution of these
disputes by elucidating the facts by means of an impartial and
conscientious investigation.

Article 10

International Commissions of Inquiry are constituted by special
agreement between the parties in dispute.

The Inquiry convention defines the facts to be examined; it
determines the mode and time in which the Commission is to be formed and
the extent of the powers of the Commissioners.

It also determines, if there is need, where the Commission is to
sit, and whether it may remove to another place, the language the
Commission shall use and the languages the use of which shall be
authorized before it, as well as the date on which each party must
deposit its statement of facts, and, generally speaking, all the
conditions upon which the parties have agreed.

If the parties consider it necessary to appoint Assessors, the
Convention of Inquiry shall determine the mode of their selection and the
extent of their powers.

Article 11

If the Inquiry Convention has not determined where the Commission
is to sit, it will sit at The Hague.

The place of meeting, once fixed, cannot be altered by the
Commission except with the assent of the parties.

If the Inquiry Convention has not determined what languages are to
be employed, the question shall be decided by the Commission.

Article 12

Unless an undertaking is made to the contrary, Commissions of
Inquiry shall be formed in the manner determined by Articles 45 and 57
of the present Convention.

Article 13

Should one of the Commissioners or one of the Assessors, should
there be any, either die, or resign, or be unable for any reason whatever
to discharge his functions, the same procedure is followed for filling
the vacancy as was followed for appointing him.

Article 14

The parties are entitled to appoint special agents to attend the
Commission of Inquiry, whose duty it is to represent them and to act as
intermediaries between them and the Commission.

They are further authorized to engage counsel or advocates,
appointed by themselves, to state their case and uphold their interests
before the Commission.

Article 15

The International Bureau of the Permanent Court of Arbitration acts
as registry for the Commissions which sit at The Hague, and shall place
its offices and staff at the disposal of the Contracting Powers for the
use of the Commission of Inquiry.

Article 16

If the Commission meets elsewhere than at The Hague, it appoints
a Secretary-General, whose office serves as registry.

It is the function of the registry, under the control of the
President, to make the necessary arrangements for the sittings of the
Commission, the preparation of the Minutes, and, while the inquiry lasts,
for the charge of the archives, which shall subsequently be transferred
to the International Bureau at The Hague.

Article 17

In order to facilitate the constitution and working of Commissions
of Inquiry, the Contracting Powers recommend the following rules, which
shall be applicable to the inquiry procedure in so far as the parties do
not adopt other rules.

Article 18

The Commission shall settle the details of the procedure not
covered by the special Inquiry Convention or the present Convention, and
shall arrange all the formalities required for dealing with the evidence.

Article 19

On the inquiry both sides must be heard.

At the dates fixed, each party communicates to the Commission and
to the other party the statements of facts, if any, and, in all cases,
the instruments, papers, and documents which it considers useful for
ascertaining the truth, as well as the list of witnesses and experts
whose evidence it wishes to be heard.

Article 20

The Commission is entitled, with the assent of the Powers, to move
temporarily to any place where it considers it may be useful to have
recourse to this means of inquiry or to send one or more of its members.
Permission must be obtained from the State on whose territory it is
proposed to hold the inquiry.

Article 21

Every investigation, and every examination of a locality, must be
made in the presence of the agents and counsel of the parties or after
they have been duly summoned.

Article 22

The Commission is entitled to ask from either party for such
explanations and information as it considers necessary.

Article 23

The parties undertake to supply the Commission of Inquiry, as fully
as they may think possible, with all means and facilities necessary to
enable it to become completely acquainted with, and to accurately
understand, the facts in question.

They undertake to make use of the means at their disposal, under
their municipal law, to insure the appearance of the witnesses or experts
who are in their territory and have been summoned before the Commission.

If the witnesses or experts are unable to appear before the
Commission, the parties will arrange for their evidence to be taken
before the qualified officials of their own country.

Article 24

For all notices to be served by the Commission in the territory of
a third Contracting Power, the Commission shall apply direct to the
Government of the said Power. The same rule applies in the case of steps
being taken on the spot to procure evidence.

The requests for this purpose are to be executed so far as the
means at the disposal of the Power applied to under its municipal law
allow. They cannot be rejected unless the Power in question considers
they are calculated to impair its sovereign rights or its safety.

The Commission will equally be always entitled to act through the
Power on whose territory it sits.

Article 25

The witnesses and experts are summoned on the request of the
parties or by the Commission of its own motion, and, in every case,
through the Government of the State in whose territory they are.

The witnesses are heard in succession and separately in the
presence of the agents and counsel, and in the order fixed by the
Commission.

Article 26

The examination of witnesses is conducted by the President.

The members of the Commission may however put to each witness
questions which they consider likely to throw light on and complete his
evidence, or get information on any point concerning the witness within
the limits of what is necessary in order to get at the truth.

The agents and counsel of the parties may not interrupt the witness
when he is making his statement, nor put any direct question to him, but
they may ask the President to put such additional questions to the
witness as they think expedient.

Article 27

The witness must give his evidence without being allowed to read
any written draft. He may, however, be permitted by the President to
consult notes or documents if the nature of the facts referred to
necessitates their employment.

Article 28

A Minute of the evidence of the witness is drawn up forthwith and
read to the witness. The latter may make such alterations and additions
as he thinks necessary, which will be recorded at the end of his
statement.

When the whole of his statement has been read to the witness, he
is asked to sign it.

Article 29

The agents are authorized, in the course of or at the close of the
inquiry, to present in writing to the Commission and to the other party
such statements, requisitions, or summaries of the facts as they consider
useful for ascertaining the truth.

Article 30

The Commission considers its decisions in private and the
proceedings are secret.

All questions are decided by a majority of the members of the
Commission.

If a member declines to vote, the fact must be recorded in the
Minutes.

Article 31

The sittings of the Commission are not public, nor the Minutes and
documents connected with the inquiry published except in virtue of a
decision of the Commission taken with the consent of the parties.

Article 32

After the parties have presented all the explanations and evidence,
and the witnesses have all been heard, the President declares the inquiry
terminated, and the Commission adjourns to deliberate and to draw up its
Report.

Article 33

The Report is signed by all the members of the Commission.

If one of the members refuses to sign, the fact is mentioned; but
the validity of the Report is not affected.

Article 34

The Report of the Commission is read at a public sitting, the
agents and counsel of the parties being present or duly summoned.

A copy of the Report is given to each party.

Article 35

The Report of the Commission is limited to a statement of facts,
and has in no way the character of an Award. It leaves to the parties
entire freedom as to the effect to be given to the statement.

Article 36

Each party pays its own expenses and an equal share of the expenses
incurred by the Commission.

Part IV. International Arbitration

Chapter I. The System of Arbitration

Article 37

International arbitration has for its object the settlement of
disputes between States by Judges of their own choice and on the basis
of respect for law.

Recourse to arbitration implies an engagement to submit in good
faith to the Award.

Article 38

In questions of a legal nature, and especially in the
interpretation or application of International Conventions, arbitration
is recognized by the Contracting Powers as the most effective, and, at
the same time, the most equitable means of settling disputes which
diplomacy has failed to settle.

Consequently, it would be desirable that, in disputes about the
above-mentioned questions, the Contracting Powers should, if the case
arose, have recourse to arbitration, in so far as circumstances permit.

Article 39

The Arbitration Convention is concluded for questions already
existing or for questions which may arise eventually.

It may embrace any dispute or only disputes of a certain category.

Article 40

Independently of general or private Treaties expressly stipulating
recourse to arbitration as obligatory on the Contracting Powers, the said
Powers reserve to themselves the right of concluding new Agreements,
general or particular, with a view to extending compulsory arbitration
to all cases which they may consider it possible to submit to it.

Chapter II. The Permanent Court of Arbitration

Article 41

With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not been possible
to settle by diplomacy, the Contracting Powers undertake to maintain the
Permanent Court of Arbitration, as established by the First Peace
Conference, accessible at all times, and operating, unless otherwise
stipulated by the parties, in accordance with the rules of procedure
inserted in the present Convention.

Article 42

The Permanent Court is competent for all arbitration cases, unless
the parties agree to institute a special Tribunal.

Article 43

The Permanent Court sits at The Hague.

An International Bureau serves as registry for the Court. It is the
channel for communications relative to the meetings of the Court; it has
charge of the archives and conducts all the administrative business.

The Contracting Powers undertake to communicate to the Bureau, as
soon as possible, a certified copy of any conditions of arbitration
arrived at between them and of any Award concerning them delivered by a
special Tribunal.

They likewise undertake to communicate to the Bureau the laws,
regulations, and documents eventually showing the execution of the Awards
given by the Court.

Article 44

Each Contracting Power selects four persons at the most, of known
competency in questions of international law, of the highest moral
reputation, and disposed to accept the duties of Arbitrator.

The persons thus elected are inscribed, as Members of the Court,
in a list which shall be notified to all the Contracting Powers by the
Bureau.

Any alteration in the list of Arbitrators is brought by the Bureau
to the knowledge of the Contracting Powers.

Two or more Powers may agree on the selection in common of one or
more Members.

The same person can be selected by different Powers. The Members
of the Court are appointed for a term of six years. These appointments
are renewable.

Should a Member of the Court die or resign, the same procedure is
followed for filling the vacancy as was followed for appointing him. In
this case the appointment is made for a fresh period of six years.

Article 45

When the Contracting Powers wish to have recourse to the Permanent
Court for the settlement of a difference which has arisen between them,
the Arbitrators called upon to form the Tribunal with jurisdiction to
decide this difference must be chosen from the general list of Members
of the Court.

Failing the direct agreement of the parties on the composition of
the Arbitration Tribunal, the following course shall be pursued:

Each party appoints two Arbitrators, of whom one only can be its
national or chosen from among the persons selected by it as Members of
the Permanent Court. These Arbitrators together choose an Umpire.

If the votes are equally divided, the choice of the Umpire is
intrusted to a third Power, selected by the parties by common accord.

If an agreement is not arrived at on this subject each party
selects a different Power, and the choice of the Umpire is made in
concert by the Powers thus selected.

If, within two months’ time, these two Powers cannot come to an
agreement, each of them presents two candidates taken from the list of
Members of the Permanent Court, exclusive of the members selected by the
parties and not being nationals of either of them. Drawing lots
determines which of the candidates thus presented shall be Umpire.

Article 46

The Tribunal being thus composed, the parties notify to the Bureau
their determination to have recourse to the Court, the text of their
`Compromis’, and the names of the Arbitrators.

The Bureau communicates without delay to each Arbitrator the
`Compromis’, and the names of the other members of the Tribunal.

The Tribunal assembles at the date fixed by the parties. The Bureau
makes the necessary arrangements for the meeting.

The members of the Tribunal, in the exercise of their duties and
out of their own country, enjoy diplomatic privileges and immunities.

Article 47

The Bureau is authorized to place its offices and staff at the
disposal of the Contracting Powers for the use of any special Board of
Arbitration.

The jurisdiction of the Permanent Court may, within the conditions
laid down in the regulations, be extended to disputes between non-
Contracting Powers or between Contracting Powers and non-Contracting
Powers, if the parties are agreed on recourse to this Tribunal.

Article 48

The Contracting Powers consider it their duty, if a serious dispute
threatens to break out between two or more of them, to remind these
latter that the Permanent Court is open to them.

Consequently, they declare that the fact of reminding the parties
at variance of the provisions of the present Convention, and the advice
given to them, in the highest interests of peace, to have recourse to the
Permanent Court, can only be regarded as friendly actions.

In case of dispute between two Powers, one of them can always
address to the International Bureau a note containing a declaration that
it would be ready to submit the dispute to arbitration.

The Bureau must at once inform the other Power of the declaration.

Article 49

The Permanent Administrative Council, composed of the Diplomatic
Representatives of the Contracting Powers accredited to The Hague and of
the Netherland Minister for Foreign Affairs, who will act as President,
is charged with the direction and control of the International Bureau.

The Council settles its rules of procedure and all other necessary
regulations.

It decides all questions of administration which may arise with
regard to the operations of the Court.

It has entire control over the appointment, suspension, or
dismissal of the officials and employés of the Bureau.

It fixes the payments and salaries, and controls the general
expenditure.

At meetings duly summoned the presence of nine members is
sufficient to render valid the discussions of the Council. The decisions
are taken by a majority of votes.

The Council communicates to the Contracting Powers without delay
the regulations adopted by it. It furnishes them with an annual Report
on the labours of the Court, the working of the administration, and the
expenditure. The Report likewise contains a résumé of what is important
in the documents comunicated to the Bureau by the Powers in virtue of
Article 43, paragraphs 3 and 4.

Article 50

The expenses of the Bureau shall be borne by the Contracting Powers
in the proportion fixed for the International Bureau of the Universal
Postal Union.

The expenses to be charged to the adhering Powers shall be reckoned
from the date on which their adhesion comes into force.

Chapter III. Arbitration Procedure

Article 51

With a view to encouraging the development of arbritation, the
Contracting Powers have agreed on the following rules, which are
applicable to arbitration procedure, unless other rules have been agreed
on by the parties.

Article 52

The Powers which have recourse to arbitration sign a `Compromis’,
in which the subject of the dispute is clearly defined, the time allowed
for appointing Arbitrators, the form, order, and time in which the
communication referred to in Article 63 must be made, and the amount of
the sum which each party must deposit in advance to defray the expenses.

The `Compromis’ likewise defines, if there is occasion, the manner
of appointing Arbitrators, any special powers which may eventually belong
to the Tribunal, where it shall meet, the language it shall use, and the
languages the employment of which shall be authorized before it, and,
generally speaking, all the conditions on which the parties are agreed.

Article 53

The Permanent Court is competent to settle the `Compromis’, if the
parties are agreed to have recourse to it for the purpose.

It is similarly competent, even if the request is only made by one
of the parties, when all attempts to reach an understanding through the
diplomatic channel have failed, in the case of:

1. A dispute covered by a general Treaty of Arbitration concluded
or renewed after the present Convention has come into force, and
providing for a `Compromis’ in all disputes and not either explicitly or
implicitly excluding the settlement of the `Compromis’ from the
competence of the Court. Recourse cannot, however, be had to the Court
if the other party declares that in its opinion the dispute does not
belong to the category of disputes which can be submitted to compulsory
arbitration, unless the Treaty of Arbitration confers upon the
Arbitration Tribunal the power of deciding this preliminary question.

2. A dispute arising from contract debts claimed from one Power by
another Power as due to its nationals, and for the settlement of which
the offer of arbitration has been accepted. This arrangement is not
applicable if acceptance is subject to the condition that the `Compromis’
should be settled in some other way.

Article 54

In the cases contemplated in the preceding Article, the `Compromis’
shall be settled by a Commission consisting of five members selected in
the manner arranged for in Article 45, paragraphs 3 to 6.

The fifth member is President of the Commission ex officio.

Article 55

The duties of Arbitrator may be conferred on one Arbitrator alone
or on several Arbitrators selected by the parties as they please, or
chosen by them from the Members of the Permanent Court of Arbitration
established by the present Convention.

Failing the constitution of the Tribunal by direct agreement
between the parties, the course referred to in Article 45, paragraphs 3
to 6, is followed.

Article 56

When a Sovereign or the Chief of a State is chosen as Arbitrator,
the arbitration procedure is settled by him.

Article 57

The Umpire is President of the Tribunal ex officio.

When the Tribunal does not include an Umpire, it appoints its own
President.

Article 58

When the `Compromis’ is settled by a Commission, as contemplated
in Article 54, and in the absence of an agreement to the contrary, the
Commission itself shall form the Arbitration Tribunal.

Article 59

Should one of the Arbitrators either die, retire, or be unable for
any reason whatever to discharge his functions, the same procedure is
followed for filling the vacancy as was followed for appointing him.

Article 60

The Tribunal sits at The Hague, unless some other place is selected
by the parties.

The Tribunal can only sit in the territory of a third Power with
the latter’s consent.

The place of meeting once fixed cannot be altered by the Tribunal,
except with the consent of the parties.

Article 61

If the question as to what languages are to be used has not been
settled by the `Compromis’, it shall be decided by the Tribunal.

Article 62

The parties are entitled to appoint special agents to attend the
Tribunal to act as intermediaries between themselves and the Tribunal.

They are further authorized to retain for the defence of their
rights and interests before the Tribunal counsel or advocates appointed
by themselves for this purpose.

The Members of the permanent Court may not act as agents, counsel,
or advocates except on behalf of the Power which appointed them Members
of the Court.

Article 63

As a general rule, arbitration procedure comprises two distinct
phases: pleadings and oral discussions.

The pleadings consist in the communication by the respective agents
to the members of the Tribunal and the opposite party of cases, counter-
cases, and, if necessary, of replies; the parties annex thereto all
papers and documents called for in the case. This communication shall be
made either directly or through the intermediary of the International
Bureau, in the order and within the time fixed by the `Compromis’.

The time fixed by the `Compromis’ may be extended by mutual
agreement by the parties, or by the Tribunal when the latter considers
it necessary for the purpose of reaching a just decision.

The discussions consists in the oral development before the
Tribunal of the arguments of the parties.

Article 64

A certified copy of every document produced by one party must be
communicated to the other party.

Article 65

Unless special circumstances arise, the Tribunal does not meet
until the pleadings are closed.

Article 66

The discussions are under the control of the President. They are
only public if it be so decided by the Tribunal, with the assent of the
parties.

They are recorded in minutes drawn up by the Secretaries appointed
by the President. These minutes are signed by the President and by one
of the Secretaries and alone have an authentic character.

Article 67

After the close of the pleadings, the Tribunal is entitled to
refuse discussion of all new papers or documents which one of the parties
may wish to submit to it without the consent of the other party.

Article 68

The Tribunal is free to take into consideration new papers of
documents to which its attention may be drawn by the agents or counsel
of the parties.

In this case, the Tribunal has the right to require the production
of these papers or documents, but is obliged to make them known to the
opposite party.

Article 69

The Tribunal can, besides, require from the agents of the parties
the production of all papers, and can demand all necessary explanations.
In case of refusal the Tribunal takes note of it.

Article 70

The agents and the counsel of the parties are authorized to present
orally to the Tribunal all the arguments they may consider expedient in
defence of their case.

Article 71

They are entitled to raise objections and points. The decisions of
the Tribunal on these points are final and cannot form the subject of any
subsequent discussion.

Article 72

The members of the Tribunal are entitled to put questions to the
agents and counsel of the parties, and to ask them for explanations on
doubtful points.

Neither the questions put, nor the remarks made by members of the
Tribunal in the course of the discussions, can be regarded as an
expression of opinion by the Tribunal in general or by its members in
particular.

Article 73

The Tribunal is authorized to declare its competence in
interpreting the `Compromis’, as well as the other Treaties which may be
invoked, and in applying the principles of law.

Article 74

The Tribunal is entitled to issue rules of procedure for the
conduct of the case, to decide the forms, order, and time in which each
party must conclude its arguments, and to arrange all the formalities
required for dealing with the evidence.

Article 75

The parties undertake to supply the Tribunal, as fully as they
consider possible, with all the information required for deciding the
case.

Article 76

For all notices which the Tribunal has to serve in the territory
of a third Contracting Power, the Tribunal shall apply direct to the
Government of that Power. The same rule applies in the case of steps
being taken to procure evidence on the spot.

The requests for this purpose are to be executed as far as the
means at the disposal of the Power applied to under its municipal law
allow. They cannot be rejected unless the Power in question considers
them calculated to impair its own sovereign rights or its safety.

The Court will equally be always entitled to act through the Power
on whose territory it sits.

Article 77

When the agents and counsel of the parties have submitted all the
explanations and evidence in support of their case the President shall
declare the discussion closed.

Article 78

The Tribunal considers its decisions in private and the proceedings
remain secret.

All questions are decided by a majority of the members of the
Tribunal.

Article 79

The Award must give the reasons on which it is based. It contains
the names of the Arbitrators; it is signed by the President and Registrar
or by the Secretary acting as Registrar.

Article 80

The Award is read out in public sitting, the agents and counsel of
the parties being present or duly summoned to attend.

Article 81

The Award, duly pronounced and notified to the agents of the
parties, settles the dispute definitively and without appeal.

Article 82

Any dispute arising between the parties as to the interpretation
and execution of the Award shall, in the absence of an Agreement to the
contrary, be submitted to the Tribunal which pronounced it.

Article 83

The parties can reserve in the `Compromis’ the right to demand the
revision of the Award.

In this case and unless there be an Agreement to the contrary, the
demand must be addressed to the Tribunal which pronounced the Award. It
can only be made on the ground of the discovery of some new fact
calculated to exercise a decisive influence upon the Award and which was
unknown to the Tribunal and to the party which demanded the revision at
the time the discussion was closed.

Proceedings for revision can only be instituted by a decision of
the Tribunal expressly recording the existence of the new fact,
recognizing in it the character described in the preceding paragraph, and
declaring the demand admissible on this ground.

The `Compromis’ fixes the period within which the demand for
revision must be made.

Article 84

The Award is not binding except on the parties in dispute.

When it concerns the interpretation of a Convention to which Powers
other than those in dispute are parties, they shall inform all the
Signatory Powers in good time. Each of these Powers is entitled to
intervene in the case. If one or more avail themselves of this right, the
interpretation contained in the Award is equally binding on them.

Article 85

Each party pays its own expenses and an equal share of the expenses
of the Tribunal.

Chapter IV. Arbitration by Summary Procedure

Article 86

With a view to facilitating the working of the system of
arbitration in disputes admitting of a summary procedure, the Contracting
Powers adopt the following rules, which shall be observed in the absence
of other arrangements and subject to the reservation that the provisions
of Chapter III apply so far as may be.

Article 87

Each of the parties in dispute appoints an Arbitrator. The two
Arbitrators thus selected choose an Umpire. If they do not agree on this
point, each of them proposes two candidates taken from the general list
of the Members of the Permanent Court exclusive of the members appointed
by either of the parties and not being nationals of either of them; which
of the candidates thus proposed shall be the Umpire is determined by lot.

The Umpire presides over the Tribunal, which gives its decisions
by a majority of votes.

Article 88

In the absence of any previous agreement the Tribunal, as soon as
it is formed, settles the time within which the two parties must submit
their respective cases to it.

Article 89

Each party is represented before the Tribunal by an agent, who
serves as intermediary between the Tribunal and the Government who
appointed him.

Article 90

The proceedings are conducted exclusively in writing. Each party,
however, is entitled to ask that witnesses and experts should be called.
The Tribunal has, for its part, the right to demand oral explanations
from the agents of the two parties, as well as from the experts and
witnesses whose appearance in Court it may consider useful.

Part V. Final Provisions

Article 91

The present Convention, duly ratified, shall replace, as between
the Contracting Powers, the Convention for the Pacific Settlement of
International Disputes of the 29th July, 1899.

Article 92

The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

The first deposit of ratifications shall be recorded in a procès-
verbal signed by the Representatives of the Powers which take part
therein and by the Netherland Minister for Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of
a written notification, addressed to the Netherland Government and
accompanied by the instrument of ratification.

A duly certified copy of the procès-verbal relative to the first
deposit of ratifications, of the notifications mentioned in the preceding
paragraph, and of the instruments of ratification, shall be immediately
sent by the Netherland Government, through the diplomatic channel, to the
Powers invited to the Second Peace Conference, as well as to those Powers
which have adhered to the Convention. In the cases contemplated in the
preceding paragraph, the said Government shall at the same time inform
the Powers of the date on which it received the notification.

Article 93

Non-Signatory Powers which have been invited to the Second Peace
Conference may adhere to the present Convention.

The Power which desires to adhere notifies its intention in writing
to the Netherland Government, forwarding to it the act of adhesion, which
shall be deposited in the archives of the said Government.

This Government shall immediately forward to all the other Powers
invited to the Second Peace Conference a duly certified copy of the
notification as well as of the act of adhesion, mentioning the date on
which it received the notification.

Article 94

The conditions on which the Powers which have not been invited to
the Second Peace Conference may adhere to the present Convention shall
form the subject of a subsequent Agreement between the Contracting
Powers.

Article 95

The present Convention shall take effect, in the case of the Powers
which were not a party to the first deposit of ratifications, sixty days
after the date of the procès-verbal of this deposit, and, in the case of
the Powers which ratify subsequently or which adhere, sixty days after
the notification of their ratification or of their adhesion has been
received by the Netherland Government.

Article 96

In the event of one of the Contracting Parties wishing to denounce
the present Convention, the denunciation shall be notified in writing to
the Netherland Government, which shall immediately communicate a duly
certified copy of the notification to all the other Powers informing them
of the date on which it was received.

The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.

Article 97

A register kept by the Netherland Minister for Foreign Affairs
shall give the date of the deposit of ratifications effected in virtue
of Article 92, paragraphs 3 and 4, as well as the date on which the
notifications of adhesion (Article 93, paragraph 2) or of denunciation
(Article 96, paragraph 1) have been received.

Each Contracting Power is entitled to have access to this register
and to be supplied with duly certified extracts from it.

In faith whereof the Plenipotentiaries have appended their
signatures to the present Convention.

Done at The Hague, the 18th October 1907, in a single copy, which
shall remain deposited in the archives of the Netherland Government, and
duly certified copies of which shall be sent, through the diplomatic
channel, to the Contracting Powers.