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• Front Matter: Preface
• List of Cases Cited
• Introduction
• Declaration of Paris, 1856 1
• Déclaration De Paris, 1856.
• The Declaration of Paris, 1856.
• Declaration of St Petersburg, 1868 1
• Geneva Convention, 1864 1
• Convention Pour L’amélioration Du Sort Des Militaires Blessés Dans Les Armées En Campagne.
• Convention For the Amelioration of the Condition of Soldiers Wounded In Armies In the Field.
• Articles Concerning Naval Warfare ( La Marine ).
• Geneva Convention, 1906 1
• Convention Pour L’amélioration Du Sort Des Blessés Et Malades Dans Les Armées En Campagne.
• Convention For the Amelioration of the Condition of the Wounded and Sick In Armies In the Field.
• Chapitre Premier. —: Des Blessés Et Malades.
• Chapter I.—: The Wounded and Sick.
• Chapitre II.—: Des Formations Et Établissements Sanitaires.
• Chapter II.—: Medical Units and Establishments.
• Chapitre III.—: Du Personnel.
• Chapter III.—: Personnel.
• Chapitre IV.—: Du Matériel.
• Chapter IV.—: Material.
• Chapitre V.—: Des Convois D’Évacuation.
• Chapter V.—: Convoys of Evacuation.
• Chapter VI.—: Du Signe Distinctif.
• Chapter VI.—: The Distinctive Emblem.
• Chapitre VII.—: De L’application Et De L’exécution De La Convention.
• Chapter VII.—: Application and Carrying Out of the Convention.
• Chapitre VIII.—: De La Répression Des Abus Et Des Infractions.
• Chapter VIII.—: Prevention of Abuses and Infractions.
• Dispositions Générales.
• General Provisions.
• Protocole Final De La Conférence De Revision De La Convention De Genève.
• Final Protocol of the Conference For the Revision of the Geneva Convention.
• The Hague Peace Conferences 1899 and 1907
• The Peace Conference of 1899 1 .
• The Second Peace Conference of 1907 1 .
• Final Acts of the International Peace Conferences.
• The Conventions of the Hague Conferences of 1899 and 1907 1 .
• I.: Convention For the Pacific Settlement of International Disputes.
• 1.: Règlement Pacifique Des Conflits Internationaux.
• 1.: Pacific Settlement of International Disputes
• I.: Convention For the Pacific Settlement of International Disputes 1 .
• II.: The Recovery of Contract Debts.
• II.: Convention Concernant La Limitation De L’emploi De La Force Pour Le Recouvrement De Dettes Contractuelles.
• II.: Convention Respecting the Limitation of the Employment of Force For the Recovery of Contract Debts.
• Convention No. 2. the Limitation of the Employment of Force For the Recovery of Contract Debts 1 .
• III.: Convention Relative to the Commencement of Hostilities.
• III.: Convention Relative à L’ouverture Des Hostilités.
• III.: Convention Relative to the Opening of Hostilities.
• Convention No. 3. The Commencement of Hostilities 1 .
• IV.: Les Lois Et Coutumes De La Guerre Sur Terre.
• II.: Convention Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• IV.: Convention Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• Règlement Concernant Les Lois Et Coutumes De La Guerre Sur Terre.
• Section I.: Des Belligérants.
• Section II.: Des Hostilités.
• Section III.: De L’autorité Militaire Sur Le Territoire De L’État Ennemi.
• Section IV.: Des Belligérants Internés Et Des Blessés Soignés Chez Les Neutres.
• IV.: The Laws and Customs of War On Land.
• II.: Convention With Respect to the Laws and Customs of War On Land.
• IV.: Convention Concerning the Laws and Customs of War On Land.
• Regulations Respecting the Laws and Customs of War On Land.
• Section I.: Belligerents.
• Section II. Hostilities.
• Section III.: Military Authority Over the Territory of the Hostile State.
• Convention No. 4. Concerning the Laws and Customs of War On Land 1 .
• Appendix to Note On the Laws and Customs of War On Land. Translation of the Draft of an International Declaration Concerning the Laws and Customs of War Adopted By the Conference of Brussels, 27th August, 1874 1 .
• V.: Neutral Powers and Persons In Land Warfare.
• V.: Convention Concernant Les Droits Et Les Devoirs Des Puissances Et Des Personnes Neutres En Cas De Guerre Sur Terre.
• V.: Convention Respecting the Rights and Duties of Neutral Powers and Persons In War On Land.
• Convention No. 5. Respecting the Rights and Duties of Neutral Powers and Persons In War On Land 1 .
• VI.: Enemy Merchant-ships At the Outbreak of Hostilities.
• VI.: Convention Relative Au Régime Des Navires De Commerce Ennemis Au Début Des Hostilités.
• VI.: Convention Relative to the Status of Enemy Merchantships At the Outbreak of Hostilities.
• Convention No. 6. Relative to the Status of Enemy Merchant-ships At the Outbreak of Hostilities 1 .
• VII.: Conversion of Merchant-ships Into War-ships.
• VII.: Convention Relative à La Transformation Des Navires De Commerce En Bâtiments De Guerre.
• VII.: Convention Relative to the Conversion of Merchantships Into War-ships.
• Convention No. 7. Convention Relative to the Conversion of Merchant-ships Into War-ships 1 .
• VIII.: Automatic Submarine Contact Mines.
• VIII.: Convention Relative à La Pose De Mines Sous-marines Automatiques De Contact.
• VIII.: Convention Relative to the Laying of Automatic Submarine Contact Mines.
• Convention No. 8. Relative to the Laying of Automatic Submarine Contact Mines 1 .
• IX.: Bombardment By Naval Forces In Time of War.
• IX.: Convention Concernant Le Bombardement Par Des Forces Navales En Temps De Guerre.
• IX.: Convention Respecting Bombardment By Naval Forces In Time of War.
• Convention No. 9. Respecting Bombardment By Naval Forces In Time of War 1 .
• X.: Conventions For the Adaptation of the Principles of the Geneva Convention to Maritime War (1899 and 1907)
• X.: La Convention De Genève Et La Guerre Maritime 1 .
• III.: Convention Pour L’adaptation à La Guerre Maritime Des Principes De La Convention De Genève Du 22 Août, 1864.
• X.: Convention Pour L’adaptation à La Guerre Maritime Des Principes De La Convention De Genève.
• X.: The Geneva Convention and Maritime Warfare 1 .
• III.: Convention For the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22, 1864.
• X.: Convention For the Adaptation of the Principles of the Geneva Convention to Maritime War.
• Convention No. 10. The Adaptation of the Principles of the Geneva Convention to Maritime Warfare 1 .
• A Convention Relating to Hospital Ships, Signed At the Hague, the 21st December, 1904 2 .
• XI.: Restrictions On Capture In Maritime War
• XI.: Convention Relative à Certaines Restrictions à L’exercice Du Droit De Capture Dans La Guerre Maritime.
• XI.: Convention Relative to Certain Restrictions On the Exercise of the Right of Capture In Maritime War.
• Convention No. 11. Relative to Certain Restrictions On the Exercise of the Right of Capture In Maritime War.
• XII.: Establishment of an International Prize Court.
• XII.: Convention Relative à L’Établissement D’une Cour Internationale Des Prises.
• XII.: Convention Relative to the Establishment of an International Prize Court.
• Annex to Article 15. Distribution of Judges and Deputy Judges By Countries For Each Year of the Period of Six Years.
• Convention No. 12. Relative to the Establishment of an International Prize Court 1 .
• XIII.: Neutral Rights and Duties In Maritime War.
• XIII.: Convention Concernant Les Droits Et Les Devoirs Des Puissances Neutres En Cas De Guerre Maritime.
• XIII.: Convention Respecting the Rights and Duties of Neutral Powers In Maritime War.
• Convention No. 13. The Rights and Duties of Neutral Powers In Maritime War 1 .
• Declarations (1899 and 1907) Prohibiting Discharge of Projectiles, Etc. From Balloons
• Les Déclarations De 1899 Et 1907.
• Déclaration I.: Des Projectiles Et Des Explosifs Du Haut De Ballons.
• XIV.: Déclaration Relative à L’interdiction De Lancer Des Projectiles Et Des Explosifs Du Haut De Ballons.
• The Declarations of 1899 and 1907.
• Declaration I.: Projectiles and Explosives From Balloons.
• XIV.: Declaration Prohibiting the Discharge of Projectiles and Explosives From Balloons.
• Declaration Ii (1899).
• Des Gaz Asphyxiants Ou Délétères.
• Asphyxiating Or Deleterious Gases.
• II.: Declaration Prohibiting the Use of Asphyxiating Or Deleterious Gases 1 .
• Declaration Iii (1899).
• Des Balles à Enveloppe Dure Etc.
• Bullets With a Hard Envelope Etc.
• III.: Declaration Prohibiting the Use of Expanding Bullets 1 .
• Annexe Au Premier Vœu émis Par La Deuxième Conférence De La Paix 1 .
• Projet D’une Convention Relative à L’Établissement D’une Cour De Justice Arbitrale.
• Draft Convention Relative to the Creation of a Judicial Arbitration Court.
• The Draft Convention Relative to the Creation of a Judicial Arbitration Court 1 .
• The Results of the Second Peace Conference.
• Table of the Deposits of Acts of Ratification and Accessions to the Conventions and Declarations Signed the 29th July, 1899, At the First Peace Conference.
• Table of Signatures.
• Final Protocol of the London Naval Conference.
• Protocole De Clôture.
• Final Protocol.
• The Declaration of London, 1909
• Déclaration Relative Au Droit De La Guerre Maritime.
• Declaration Concerning the Laws of Naval War 1 .
• General Report On the Declaration Presented to the Naval Conference On Behalf of Its Drafting Committee 1 . ( Translation 2 .)
• Appendix. Instructions to British Delegation At the Second Peace Conference.
• Addenda and Errata.

1.

Pacific Settlement of International Disputes

Convention for the Pacific Settlement of International Disputes.

His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain, and in his name Her Majesty the Queen-Regent of the Kingdom; the President of the United States of America; the President of the United States of Mexico; the President of the French Republic; His Majesty the King of the Hellenes; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and the Algarves; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; His Majesty the King of Siam; His Majesty the King of Sweden and Norway; and His Royal Highness the Prince of Bulgaria¹ ,

Convention 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, &c., 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 Haïti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, 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 Panamá; 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 Portugal and of the Algarves, &c.; 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:

1899

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

Resolved to promote by their best efforts 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 of 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 of concluding a Convention to this effect, have appointed as their Plenipotentiaries,

[Names of Plenipotentiaries.]

Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:—

1907

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

Resolved to promote by their best efforts 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 of 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; and

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 as their Plenipotentiaries, that is to say:

[Names of Plenipotentiaries.]

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

Title I.

On the Maintenance of the General Peace.

Art. 1.

With a view of 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.

Part I.

On the Maintenance of General Peace.

Art. 1.

(No change.)¹

Title II.

On Good Offices and Mediation.

Art. 2.

In case of serious disagreement or dispute, 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.

Part II.

On Good Offices and Mediation.

Art. 2.

(No change.)¹

Art. 3.

Independently of this recourse, the Signatory Powers deem it expedient 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.

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

Art. 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 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.

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

Art. 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.

Art. 4.

(No change.)

Art. 5.

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

Art. 5.

(No change.)

Art. 6.

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

Art. 6.

(No change.)

Art. 7.

The acceptance of mediation cannot, in default of agreement to the contrary, have the effect of interrupting, delaying or hindering mobilization or other measures of preparation for war.

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

Art. 7.

(No change.)

Art. 8.

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 peace, the contending States 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, in default of agreement to the contrary, cannot exceed thirty days, the States at variance cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers. These Powers shall use their best efforts to settle the dispute.

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

Art. 8.

(No change.)¹

Title III.

On International Commissions of Inquiry.

Art. 9.

In disputes of an international nature involving neither honour nor vital interests, and arising from a difference of opinion on points of fact, the Signatory Powers deem it expedient 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.

Part III.

On International Commissions of Inquiry.

Art. 9.

In disputes of an international nature involving neither honour nor vital interests, and arising from a difference of opinion on points of fact, 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.

Art. 10.

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

The Inquiry Convention defines the facts to be examined and the extent of the powers of the Commissioners.

It settles the procedure.

At the inquiry both sides must be heard.

The form and the periods to be observed, if not stated in the Inquiry Convention, are decided by the Commission itself.

Art. 10.

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

The Inquiry Convention defines the facts to be examined: it determines the manner and period within which the Commission is to be formed and the extent of the powers of the Commissioners.

It also determines, if there is occasion for it, where the Commission is to meet, 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 Inquiry Convention shall determine the mode of their selection and the extent of their powers.

Art. 11.

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

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

Unless the Inquiry Convention has specified the languages to be employed, the question shall be decided by the Commission.

Art. 11.

International Commissions of Inquiry are formed, unless otherwise stipulated, in the manner determined by Article 32 of the present Convention.

Art. 12.

In default of agreement to the contrary, Commissions of Inquiry shall be formed in the manner determined by Articles 45 and 57 of the present Convention.

Art. 13.

Should one of the Commissioners or one of the Assessors, if there be any, either die, resign, or be unable for any reason whatever to act, the same procedure is followed in filling his place which was followed in appointing him.

Art. 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.

Art. 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.

Art. 16.

If the Commission sits 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 custody of the archives, which shall subsequently be transferred to the International Bureau at The Hague.

Art. 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.

Art. 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.

Art. 19.

On the inquiry both sides must be heard.

(Cp. Art. 10 (1899).)

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.

Art. 20.

The Commission is entitled, with the assent of the parties, to move temporarily to any place where it considers it may be useful to have recourse to taking evidence by this means, or to send thither one or more of its members. Permission must be obtained from the State on whose territory evidence has to be taken in this way.

Art. 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.

Art. 22.

The Commission is entitled to ask from either party such explanations and information as it thinks fit.

Art. 12.

The Powers at variance undertake to afford to the International Commission of Inquiry, within the widest limits they may think practicable, all means and facilities necessary to enable it to become completely acquainted with, and to accurately understand the facts at issue.

Art. 23.

The Parties undertake to afford to the Commission of Inquiry, within the widest limits they may think practicable, all the means and facilities necessary to enable it to become completely acquainted with, and accurately to understand the facts at issue.

They undertake to make use of the means at their disposal under their municipal law, to secure 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 shall arrange for their evidence to be taken before the qualified officials of their own country.

Art. 24.

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

Requests for this purpose are to be executed so far as the means which the Power applied to possesses under 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 also be entitled in all cases to have recourse to the intervention of the Power on whose territory it sits.

Art. 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.

Art. 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 elicit 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.

Art. 27.

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

Art. 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 shall be recorded at the end of his statement.

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

Art. 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.

Art. 30.

The Commission considers its decisions in private and the proceedings remain 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.

Art. 31.

The sittings of the Commission are not public, nor are 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.

Art. 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.

Art. 13.

The International Commission of Inquiry communicates its Report to the Powers at variance, signed by all the members of the Commission.

Art. 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.

Art. 34.

The Report of the Commission is read in open Court, the agents and counsel of the parties being present or duly summoned to attend.

A copy of the Report is furnished to each party.

Art. 14.

The Report of the International Commission of Inquiry being limited to a finding of fact, has in no way the character of an Arbitral Award. It leaves to the Powers at variance entire freedom as to the effect to be given to the finding.

Art. 35.

The Report of the Commission, being limited to a finding of fact, has in no way the character of an Arbitral Award. It leaves to the Parties entire freedom as to the effect to be given to the finding.

Art. 36.

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

Title IV.

On International Arbitration.

Chapter I.

On the System of Arbitration.

Art. 15.

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

Part IV.

On International Arbitration.

Chapter I.

On the System of Arbitration.

Art. 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 loyally to the Award.

(Cp. Art. 18 (1899).)

Art. 16.

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.

Art. 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 regarding the above-mentioned questions, the Contracting Powers should, if the case arise, have recourse to arbitration, in so far as circumstances permit.

Art. 17.

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.

Art. 18.

The Arbitration Convention implies the engagement to submit loyally to the Award.

(See Art. 37 (1907).)

Art. 39.

(No change.)

Art. 19.

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 possible to submit to it.

Art. 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 possible to submit to it.

Chapter II.

On the Permanent Court of Arbitration.

Art. 20.

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 acting, in default of agreement to the contrary between the parties, in accordance with the rules of procedure inserted in the present Convention.

Chapter II.

On the Permanent Court of Arbitration.

Art. 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 acting, in default of agreement to the contrary between the parties, in accordance with the rules of procedure inserted in the present Convention.

Art. 21.

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

Art. 42.

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

Art. 22.

An International Bureau, established at the Hague, serves as registry for the Court.

This Bureau is the channel for communications relative to the meetings of the Court.

It has the custody of the archives and conducts all the administrative business.

The Signatory Powers undertake to communicate to the International Bureau at the Hague a duly certified copy of any agreement concerning 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 if any, showing the execution of the awards given by the Court.

Art. 43.

The seat of the Permanent Court is at the Hague.

(Cp. Art. 25 (1899).)

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

The Contracting Powers undertake to communicate to the Bureau, as soon as possible, a duly certified copy of any agreement concerning 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 if any, showing the execution of the Awards given by the Court.

Art. 23.

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 may be selected by different Powers.

The Members of the Court are appointed for a term of six years. Their appointments can be renewed.

Should a Member of the Court die or resign, the same procedure is followed in filling the vacancy as was followed in appointing him.

Art. 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 selected 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 may be selected by different Powers.

The Members of the Court are appointed for a term of six years. Their appointments can be renewed.

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

Art. 24.

When the Signatory 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 to decide this difference must be chosen from the general list of Members of the Court.

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

Each party appoints two Arbitrators, and these together choose an Umpire.

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

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.

As soon as the Tribunal has been constituted, the parties notify to the Bureau their determination to have recourse to the Court and the names of the Arbitrators.

The Tribunal of Arbitration assembles at the date fixed by the parties.

The Members of the Tribunal, in the performance of their duties and when outside their own country, enjoy diplomatic privileges and immunities.

Art. 25.

The Tribunal of Arbitration has its ordinary seat at the Hague.

(See Art. 43 (1907).)

Except in cases of necessity, the place of session can only be altered by the Tribunal with the assent of the parties.

Art. 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 to decide this difference must be chosen from the general list of Members of the Court.

Failing the composition of the Arbitration Tribunal by agreement between the parties, 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 agreement between the parties.

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. Which of the candidates thus presented shall be Umpire is determined by lot.

Art. 46.

As soon as the Tribunal has been constituted, the parties notify to the Bureau their determination to have recourse to the Court, the text of their Compromis¹ , 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 its meeting.

The Members of the Tribunal, in the performance of their duties and when outside their own country, enjoy diplomatic privileges and immunities.

Art. 26.

The International Bureau at the Hague is authorized to place its offices and its staff at the disposal of the Signatory 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-Signatory Powers, or between Signatory Powers and non-Signatory Powers, if the parties are agreed to have recourse to the Court.

Art. 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 to have recourse to the Court.

Art. 27.

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.

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 in the nature of good offices.

Art. 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 in the nature of good offices¹ .

In case of dispute between two Powers, one of them may 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.

Art. 28.

A Permanent Administrative Council composed of the Diplomatic Representatives of the Signatory Powers accredited to the Hague and of the Netherland 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.

This Council will be charged with the establishment and organization of the International Bureau, which will be under its direction and control.

It will notify to the Powers the constitution of the Court and will provide for its installation.

It will settle its rules of procedure and all other necessary regulations.

It will decide all questions of administration which may arise with regard to the business of the Court.

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

It will fix the payments and salaries, and control the general expenditure.

At meetings duly summoned the presence of five 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 Signatory 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 staff, and the expenditure.

Art. 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 acts 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 business 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 staff, and the expenditure. The Report likewise contains a summary of the more important contents of the documents communicated to the Bureau by the Powers in virtue of Article 43, paragraphs 3 and 4.

Art. 29.

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.

Art. 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 acceding Powers shall be reckoned from the date on which their accession takes effect.

Chapter III.

On Arbitration Procedure.

Art. 30.

With a view of encouraging the development of arbitration, the Signatory Powers have agreed on the following Rules, which shall apply to arbitration procedure, except in so far as other Rules shall have been agreed on by the parties.

Chapter III.

On Arbitration Procedure.

Art. 51.

(No change.)¹

Art. 31.

The Powers which have recourse to arbitration sign a special Act (Compromis), in which the subject of the dispute 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.

(See Art. 37, par. 2 (1907).)

Art. 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 for it, the manner of appointing Arbitrators, the special powers, if any, conferred on the Tribunal, the place of meeting, 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.

Art. 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 obligatory 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 provision is not applicable if acceptance is subject to the condition that the Compromis should be settled in some other way.

(Cp. 2 H. C. 1907.)

Art. 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 laid down in Article 45, paragraphs 3 to 6.

The fifth member is ex officio President of the Commission.

Art. 32.

The duties of Arbitrator may be conferred on a single Arbitrator 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 Act.

Failing the constitution of the Tribunal by direct agreement between the parties, the following course shall be pursued:

Each party appoints two Arbitrators, and these latter together choose an Umpire.

In case of equal voting, the choice of the Umpire is intrusted 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.

Art. 55.

The duties of Arbitrator may be conferred on a single Arbitrator 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 composition of the Tribunal by agreement between the parties, the course referred to in Article 45, paragraphs 3 to 6, is followed.

Art. 33.

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

Art. 56.

(No change.)

Art. 34.

The Umpire is ex officio President of the Tribunal.

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

Art. 57.

(No change.)

Art. 58.

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

Art. 35.

In case of the death, retirement or disability from any cause of one of the Arbitrators, the same procedure is followed in filling the vacancy as was followed in appointing him.

Art. 59.

(No change.)

Art. 36.

The Tribunal’s place of session is selected by the parties. Failing this selection the Tribunal sits at the Hague.

The place of session thus fixed cannot, except in case of necessity, be altered by the Tribunal, except with the assent of the Parties.

Art. 60.

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

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

The place of session once fixed cannot be altered by the Tribunal, except with the assent of the Parties.

Art. 61.

Unless the Compromis has specified the languages to be employed, the question shall be decided by the Tribunal.

(Cp. Art. 38 (1899).)

Art. 37.

The parties are entitled to appoint delegates or special agents to attend the Tribunal, for the purpose of acting 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 them for this purpose.

Art. 38.

The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.

(See Art. 61 (1907).)

Art. 62.

The parties are entitled to appoint special agents to attend the Tribunal, for the purpose of acting 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 them for the purpose.

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

Art. 39.

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 opposing party of all printed or written Acts and of all documents containing the pleas relied on in the case. This communication shall be made in the form and within the time fixed by the Tribunal in accordance with Article 49.

The discussions consist of the oral development of the pleas of the parties before the Tribunal.

Art. 63.

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

The written pleadings consist in the communication by the respective agents to the members of the Tribunal and the opposing party, of cases, countercases, and, if necessary, of replies; the parties annex thereto all papers and documents relied on in the cause. 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 between the parties, or by the Tribunal when the latter considers it necessary for the purpose of reaching a just decision.

The discussions consist of the oral developments of the pleas of the parties before the Tribunal.

Art. 40.

Every document produced by one party must be communicated to the other party.

Art. 64.

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

Art. 65.

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

Art. 41.

The discussions are under the direction of the President.

They are not public unless 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 the only authentic record.

Art. 66.

The discussions are under the direction of the President.

They are not public unless 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 are the only authentic record.

Art. 42.

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

Art. 67.

(No change.)

Art. 43.

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

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

Art. 68.

(No change.)

Art. 44.

The Tribunal may also call upon the agents of the parties to furnish all necessary papers and explanations. In case of refusal the Tribunal takes note of it.

Art. 69.

(No change.)

Art. 45.

The agents and counsel of the parties are authorised to present orally to the Tribunal all the arguments they may think expedient in support of their case.

Art. 70.

(No change.)

Art. 46.

They are entitled to raise objections and points.

The decisions of the Tribunal thereon are final, and cannot form the subject of any subsequent discussion.

Art. 71.

(No change.)

Art. 47.

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 are to be regarded as an expression of opinion by the Tribunal in general, or by its members in particular.

Art. 72.

(No change.)

Art. 48.

The Tribunal is authorised to determine its competence by interpreting the Compromis as well as the other Treaties which may be adduced in the matter and by applying the principles of international law.

Art. 73.

The Tribunal is authorised to determine its competence by interpreting the Compromis as well as the other papers and documents which may be adduced in the matter and by applying the principles of law.

Art. 49.

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

Art. 74.

The Tribunal is entitled to make 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 for taking evidence.

Art. 75.

The parties undertake to supply the Tribunal, within the widest limits they may think practicable, with all the information required for deciding the dispute.

Art. 76.

For the service of all notices by the Tribunal in the territory of a third Contracting Power, the Tribunal shall apply direct to the Government of such Power. The same rule shall apply in the case of steps being taken in order to procure evidence on the spot.

Requests for this purpose are to be executed so far as the means which the Power applied to possesses 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 Tribunal will also be entitled in all cases to act through the Power on whose territory it sits.

Art. 50.

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.

Art. 77.

(No change.)

Art. 51.

The deliberations of the Tribunal take place in private

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

The refusal of a member to vote must be recorded in the procès-verbal.

Art. 78.

The deliberations of the Tribunal take place in private and the proceedings remain secret.

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

Art. 52.

The Award, given by a majority of votes, must state the reasons on which it is based. It is drawn up in writing and signed by each member of the Tribunal.

Those members who are in the minority may record their dissent when signing.

Art. 79.

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

Art. 53.

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

Art. 80.

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

Art. 54.

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

Art. 81.

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

Art. 82.

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

Art. 55.

The parties may in the Compromis reserve 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 which is calculated to exercise a decisive influence upon the Award, and which, at the time the discussion was closed, was unknown to the Tribunal and to the party demanding revision.

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.

Art. 83.

(No change.)

Art. 56.

The Award is only binding on the parties who concluded the Compromis.

When there is a question of interpreting a Convention to which Powers other than those at variance 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.

Art. 84.

The Award is only binding on the parties to the proceedings.

When there is a question of interpreting a Convention to which Powers other than those at variance are parties, the latter shall inform all the Signatory Powers in good time. 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.

Art. 57.

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

Art. 85.

(No change.)

Chapter IV.

On Arbitration by Summary Procedure.

Art. 86.

With a view of 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 with the reservation that the provisions of Chapter III apply so far as they are not inconsistent with these rules.

Art. 87.

Each of the parties at variance 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.

Art. 88.

In default of previous agreement, the Tribunal, as soon as it is constituted, settles the time within which the two parties shall submit their respective cases to it.

Art. 89.

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

Art. 90.

The proceedings are conducted exclusively in writing. Each party, however, is entitled to ask that witnesses and experts should be called. The Tribunal, on its part, has the right to ask for 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.

General Provisions.

Part V.

Final Provisions.

Art. 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.

Art. 58.

The present Convention shall be ratified as speedily as possible.

The ratifications shall be deposited at The Hague.

A procès-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.

Art. 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 relating 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 diplomaticchannel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have acceded 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.

Art. 59.

The non-Signatory Powers which were represented at the International Peace Conference can accede to the present Convention. For this purpose they must make known their accession to the Contracting Powers by a written notification addressed to the Netherland Government, and communicated by it to all the other Contracting Powers.

Art. 93.

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

A Power which desires to accede notifies its intention in writing to the Netherland Government, forwarding to it the act of accession, which shall be deposited in the archives of the said Government.

The said 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 accession, mentioning the date on which it received the notification.

Art. 60.

The conditions on which the Powers not represented at the International Peace Conference may accede to the present Convention shall form the subject of a subsequent agreement between the Contracting Powers.

Art. 94.

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

Art. 95.

The present Convention shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the procès-verbal recording such deposit, and, in the case of the Powers which ratify subsequently or which shall accede, sixty days after the notification of their ratification or of their accession has been received by the Netherland Government.

Art. 61.

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 Netherland Government, and by it communicated at once to all the other Contracting Powers.

This denunciation shall only affect the notifying Power.

In faith whereof the Plenipotentiaries have signed the present Convention and affixed their seals to it.

Done at The Hague, the 29th July, 1899, in a single original, which shall remain in the archives of the Netherland Government, and of which duly certified copies shall be sent through the diplomatic channel to the Contracting Powers.

Art. 96.

In the event of one of the Contracting Powers 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 affect the notifying Power, and only on the expiry of one year after the notification has reached the Netherland Government.

Art. 97.

A register kept by the Netherland Minister for Foreign Affairs shall record 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 accession (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 original, which shall remain deposited in the archives of the Netherland Government, and of which duly certified copies shall be sent through the diplomatic channel, to the Contracting Powers.

[1 ]The list of Powers is as given in Parl. Papers, Misc. No. 1 (1899), p. 301. All the Powers enumerated in the Convention of 1907 subsequently signed or acceded.

[1 ]For the words “Signatory Powers” in the Convention of 1899 read “Contracting Powers” throughout the Convention of 1907.

[1 ]V. note, supra, p. 101.

[1 ]V. note, supra, p. 101.

[1 ]See Article 52, infra, for definition of the word “Compromis.”

[1 ]See Article 2, supra.

[1 ]V. note, supra, p. 101.