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THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (1)
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PREAMBLE
[
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]
... Convinced that the
permanent
institution
of a
tribunal
of
arbitration
,
accessible
to all, in the midst of the
independent
Powers
, will
contribute
effectively to this result; ...
... Who, after having
communicated
their
full
powers
, found in good and
due
form, have
agreed
on the following
provisions
: ...
ARTICLE-1
[
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]
... With a
view
to obviating, as far as possible,
recourse
to
force
in the
relations
between
States
, the
Signatory
Powers
agree
to use their best efforts to insure the
pacific settlement
of
international
differences
. ...
ARTICLE-2
[
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]
... In
case
of
serious
disagreement
or
conflict
, before an
appeal
to
arms
the
Signatory
Powers
agree
to have
recourse
, as far as
circumstances
allow, to the good
offices
or
mediation
of one or more
friendly
Powers
. ...
... In
case
of
serious
disagreement
or
conflict
, before an
appeal
to
arms
the
Signatory
Powers
agree
to have
recourse
, as far as
circumstances
allow, to the good
offices
or
mediation
of one or more
friendly
Powers
. ...
ARTICLE-3
[
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]
...
Independently
of this
recourse
, the
Signatory
Powers
recommend that one or more
Powers
,
strangers
to the
dispute
, should, on their own
initiative
, and as far as
circumstances
may allow,
offer
their good
offices
or
mediation
to the
States
at
variance
. ...
...
Independently
of this
recourse
, the
Signatory
Powers
recommend that one or more
Powers
,
strangers
to the
dispute
, should, on their own
initiative
, and as far as
circumstances
may allow,
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
. ...
ARTICLE-6
[
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]
... Good
offices
and
mediation
, either at the
request
of the
parties
at
variance
, or on the
initiative
of
Powers
strangers
to the
dispute
, have
exclusively
the
character
of
advice
, and never have
binding
force
. ...
ARTICLE-8
[
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]
... The
Signatory
Powers
are
agreed
in recommending the
application
, when
circumstances
allow, of
special
mediation
in the following form: ...
... In
case
of a
serious
difference
endangering
the
peace
, the
States
at
variance
choose
respectively a
Power
, to whom they
entrust
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
. ...
... In
case
of a
serious
difference
endangering
the
peace
, the
States
at
variance
choose
respectively a
Power
, to whom they
entrust
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
conflict
cease from all direct
communication
on the
subject
of the
dispute
, which is regarded as referred
exclusively
to the
mediating Powers
, who 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
. ...
ARTICLE-9
[
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]
... In
differences
of an
international
nature
involving neither
honour
nor
vital
interests
, and arising from a
difference
of
opinion
on points of
fact
, the
Signatory
Powers
recommend 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
differences
by elucidating the
facts
by means of an
impartial
and conscientious
investigation
. ...
ARTICLE-10
[
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]
... The
Convention
for an
inquiry
defines the
facts
to be examined and the
extent
of the
Commissioners
'
powers
. ...
ARTICLE-12
[
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]
... The
Powers
in
dispute
engage to
supply
the
International Commission of Inquiry
, as
fully
as they may think possible, with all means and
facilities
necessary to enable it to be completely acquainted with and to accurately understand the
facts
in
question
. ...
ARTICLE-13
[
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]
... The
International Commission of Inquiry
communicates
its
Report
to the conflicting
Powers
,
signed
by all the
members
of the
Commission
. ...
ARTICLE-14
[
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]
... The
Report
of the
International Commission of Inquiry
is limited to a
statement
of
facts
, and has in no way the
character
of an
Arbitral
Award
. It
leaves
the conflicting
Powers
entire
freedom
as to the
effect
to be given to this
statement
. ...
ARTICLE-16
[
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]
... In
questions
of a
legal nature
, and especially in the
interpretation
or
application
of
International Conventions
,
arbitration
is recognized by the
Signatory
Powers
as the most effective, and at the same
time
the most
equitable
, means of settling
disputes
which
diplomacy
has failed to settle. ...
ARTICLE-19
[
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]
...
Independently
of
general
or
private
Treaties
expressly
stipulating
recourse
to
arbitration
as obligatory on the
Signatory
Powers
, these
Powers
reserve
to themselves the
right
of concluding, either before the
ratification
of the present
Act
or later, new
Agreements
,
general
or
private
, with a
view
to
extending
obligatory
arbitration
to all
cases
which they may consider it possible to submit to it. ...
...
Independently
of
general
or
private
Treaties
expressly
stipulating
recourse
to
arbitration
as obligatory on the
Signatory
Powers
, these
Powers
reserve
to themselves the
right
of concluding, either before the
ratification
of the present
Act
or later, new
Agreements
,
general
or
private
, with a
view
to
extending
obligatory
arbitration
to all
cases
which they may consider it possible to submit to it. ...
ARTICLE-20
[
go to this ARTICLE
]
... With the
object
of facilitating an immediate
recourse
to
arbitration
for
international
differences
, which it has not been possible to settle by
diplomacy
, the
Signatory
Powers
undertake
to organize a
Permanent
Court of Arbitration
,
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-22
[
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]
... The
Signatory
Powers
undertake
to
communicate
to the
International Bureau
at The
Hague
a duly
certified copy
of any
conditions
of
arbitration
arrived at between them, and of any
award
concerning
them delivered by
special Tribunals
. ...
ARTICLE-23
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]
... Within the three
months
following its
ratification
of the present
Act
, each
Signatory
Power
shall
select
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
Arbitrators
. ...
... The
persons
thus selected shall be inscribed, as
Members
of the
Court
, in a
list
which shall be notified by the
Bureau
to all the
Signatory
Powers
. ...
... Any
alteration
in the
list
of
Arbitrators
is brought by the
Bureau
to the
knowledge
of the
Signatory
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
. ...
ARTICLE-24
[
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]
... When the
Signatory
Powers
desire to have
recourse
to the
Permanent
Court
for the
settlement
of a
difference
that has arisen between them, the
Arbitrators
called upon to form the
competent
Tribunal
to
decide
this
difference
, must be chosen from the
general
list
of
Members
of the
Court
. ...
... If the
votes
are
equal
, the
choice
of the
Umpire
is
entrusted
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 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. ...
ARTICLE-26
[
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]
... The
International Bureau
at The
Hague
is
authorized
to
place
its
premises
and its
staff
at the
disposal
of the
Signatory
Powers
for the
operations
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-
Signatory
Powers
, or between
Signatory
Powers
and non-
Signatory
Powers
, if the
parties
are
agreed
on
recourse
to this
Tribunal
. ...
... The
jurisdiction
of the
Permanent
Court
may, within the
conditions
laid down in the
Regulations
, be
extended
to
disputes
between non-
Signatory
Powers
, or between
Signatory
Powers
and non-
Signatory
Powers
, if the
parties
are
agreed
on
recourse
to this
Tribunal
. ...
... The
jurisdiction
of the
Permanent
Court
may, within the
conditions
laid down in the
Regulations
, be
extended
to
disputes
between non-
Signatory
Powers
, or between
Signatory
Powers
and non-
Signatory
Powers
, if the
parties
are
agreed
on
recourse
to this
Tribunal
. ...
ARTICLE-27
[
go to this ARTICLE
]
... The
Signatory
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. ...
ARTICLE-28
[
go to this ARTICLE
]
... A
Permanent
Administrative
Council
composed of the
Diplomatic
Representatives
of the
Signatory
Powers
accredited
to The
Hague
and of the
Netherlands
Minister
for
Foreign Affairs
, who will
act
as
President
, shall be instituted in this
town
as soon as possible after the
ratification
of the present
Act
by at least nine
Powers
. ...
... A
Permanent
Administrative
Council
composed of the
Diplomatic
Representatives
of the
Signatory
Powers
accredited
to The
Hague
and of the
Netherlands
Minister
for
Foreign Affairs
, who will
act
as
President
, shall be instituted in this
town
as soon as possible after the
ratification
of the present
Act
by at least nine
Powers
. ...
... It will notify to the
Powers
the
constitution
of the
Court
and will provide for its
installation
. ...
... The
Council
communicates
to the
Signatory
Powers
without
delay
the
Regulations
adopted
by it. It furnished them with an
annual Report
on the
labours
of the
Court
, the
working
of the
administration
, and the
expenses
. ...
ARTICLE-29
[
go to this ARTICLE
]
... The
expenses
of the
Bureau
shall be
borne
by the
Signatory
Powers
in the proportion fixed for the
International Bureau
of the
Universal Postal Union
. ...
ARTICLE-30
[
go to this ARTICLE
]
... With a
view
to
encourage
the
development
of
arbitration
, the
Signatory
Powers
have
agreed
on the following
Rules
which shall be applicable to
arbitral
procedure
, unless other
Rules
have been
agreed
on by the
parties
. ...
ARTICLE-31
[
go to this ARTICLE
]
... The
Powers
who have
recourse
to
arbitration
sign
a
special
Act
('
Compromis
'), in which the
subject
of the
difference
is clearly defined, as well as the
extent
of the
Arbitrators
'
powers
. This
Act
implies the
undertaking
of the
parties
to submit loyally to the
Award
. ...
... The
Powers
who have
recourse
to
arbitration
sign
a
special
Act
('
Compromis
'), in which the
subject
of the
difference
is clearly defined, as well as the
extent
of the
Arbitrators
'
powers
. This
Act
implies the
undertaking
of the
parties
to submit loyally to the
Award
. ...
ARTICLE-32
[
go to this ARTICLE
]
... In
case
of
equal
voting
, the
choice
of the
Umpire
is
entrusted
to a
third Power
, selected by the
parties
by
common
accord. ...
... If no
agreement
is 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 no
agreement
is 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. ...
ARTICLE-56
[
go to this ARTICLE
]
... When there is a
question
of
interpreting
a
Convention
to which
Powers
other than those
concerned
in the
dispute
are
parties
, the latter notify to the former the '
Compromis
' they have concluded. Each of these
Powers
has the
right
to intervene in the
case
. If one or more of them avail themselves of this
right
, the
interpretation
contained in the
Award
is
equally
binding
on them. ...
... When there is a
question
of
interpreting
a
Convention
to which
Powers
other than those
concerned
in the
dispute
are
parties
, the latter notify to the former the '
Compromis
' they have concluded. Each of these
Powers
has the
right
to intervene in the
case
. If one or more of them avail themselves of this
right
, the
interpretation
contained in the
Award
is
equally
binding
on them. ...
ARTICLE-58
[
go to this ARTICLE
]
... A
proces-verbal
shall be drawn up
recording
the
receipt
of each
ratification
, and a
copy
duly
certified
shall be sent, through the
diplomatic channel
, to all the
Powers
who were represented at the
International Peace
Conference
at The
Hague
. ...
ARTICLE-59
[
go to this ARTICLE
]
... The non-
Signatory
Powers
who were represented at the
International Peace
Conference
can adhere to the present
Convention
. For this
purpose
they must make known their
adhesion
to the
Contracting Powers
by a
written notification
addressed to the
Netherlands
Government
, and
communicated
by it to all the other
Contracting Powers
. ...
... The non-
Signatory
Powers
who were represented at the
International Peace
Conference
can adhere to the present
Convention
. For this
purpose
they must make known their
adhesion
to the
Contracting Powers
by a
written notification
addressed to the
Netherlands
Government
, and
communicated
by it to all the other
Contracting Powers
. ...
... The non-
Signatory
Powers
who were represented at the
International Peace
Conference
can adhere to the present
Convention
. For this
purpose
they must make known their
adhesion
to the
Contracting Powers
by a
written notification
addressed to the
Netherlands
Government
, and
communicated
by it to all the other
Contracting Powers
. ...
ARTICLE-60
[
go to this ARTICLE
]
... The
conditions
on which the
Powers
who were not represented at the
International Peace
Conference
can adhere to the present
Convention
shall form the
subject
of a
subsequent
Agreement
among the
Contracting Powers
. ...
... The
conditions
on which the
Powers
who were not represented at the
International Peace
Conference
can adhere to the present
Convention
shall form the
subject
of a
subsequent
Agreement
among the
Contracting Powers
. ...
ARTICLE-61
[
go to this ARTICLE
]
... In the
event
of one of the
High Contracting Parties
denouncing the present
Convention
, this
denunciation
would not take
effect
until a
year
after its
notification
made in
writing
to the
Netherlands
Government
, and by it
communicated
at once to all the other
Contracting Powers
. ...
... This
denunciation
shall only
affect
the notifying
Power
. ...
... Done at The
Hague
, the 29th July, 1899, in a
single
copy
, which shall remain in the
archives
of the
Netherlands
Government
, and
copies
of it, duly
certified
, be sent through the
diplomatic channel
to the
Contracting Powers
. ...
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