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THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (2)
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court
[
Global Index
]
ARTICLE-15
[
go to this ARTICLE
]
... 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-41
[
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
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
[
go to this ARTICLE
]
... The
Permanent
Court
is
competent
for all
arbitration
cases
, unless the
parties
agree
to institute a
special Tribunal
. ...
ARTICLE-43
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
... 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
[
go to this ARTICLE
]
... 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
. ...
... 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
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
... 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, 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
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-47
[
go to this ARTICLE
]
... 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
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-49
[
go to this ARTICLE
]
... It
decides
all
questions
of
administration
which may arise with
regard
to the
operations
of the
Court
. ...
... 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
communicated
to the
Bureau
by the
Powers
in
virtue
of
Article
43
, paragraphs 3 and 4. ...
ARTICLE-53
[
go to this ARTICLE
]
... The
Permanent
Court
is
competent
to settle the '
Compromis
', if the
parties
are
agreed
to have
recourse
to it for the
purpose
. ...
... 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
. ...
... 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
. ...
ARTICLE-55
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-62
[
go to this ARTICLE
]
... 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
. ...
... 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-76
[
go to this ARTICLE
]
... The
Court
will
equally
be always entitled to
act
through the
Power
on whose
territory
it sits. ...
ARTICLE-87
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-90
[
go to this ARTICLE
]
... 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
. ...
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