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His Excellency General Sava Grouïtch, President of the Council
of State, Delegate Plenipotentiary; His Excellency M. Milovan Milovanovitch, Envoy Extraor
dinary and Minister Plenipotentiary at Rome, Member of the Permanent Court of Arbitration, Delegate Plenipotentiary; His Excellency M. Michel Militchévitch, Envoy Extraordinary
and Minister Plenipotentiary at London and The Hague, Dele
gate Plenipotentiary. Siam:
Major-General Mom Chatidej Udom, Delegate Plenipotentiary;
Captain Luang Bhuvanarth Narübal, Delegate Plenipotentiary. Sweden:
His Excellency M. Knut Hjalmar Leonard de Hammarskjöld,
Envoy Extraordinary and Minister Plenipotentiary at Copenhagen, ex-Minister of Justice, Member of the Permanent Court
of Arbitration, First Delegate Plenipotentiary; M. Johannes Hellner, ex-Minister without Portfolio, ex-Member
of the Supreme Court of Sweden, Member of the Permanent
Court of Arbitration, Second Delegate Plenipotentiary; Colonel David Hedengren, Commanding a Regiment of Artil
lery, Technical Delegate; Commander Gustaf de Klint, Head of a Section on the Staff of
the Royal Navy, Technical Delegate. Switzerland:
His Excellency M. Gaston Carlin, Envoy Extraordinary and
Minister Plenipotentiary at London and The Hague, Delegate
University of Geneva, Delegate Plenipotentiary;
His Excellency Turkhan Pasha, Ambassador Extraordinary,
Minister of the Evkaf, First Delegate Plenipotentiary;
Colonel on the Staff Mehemmed Saïd Bey, Assistant Delegate. Uruguay: M. José Batlle y Ordonez, ex-President of the Republic, Member
of the Permanent Court of Arbitration, First Delegate Pleni-
Envoy Extraordinary and Minister Plenipotentiary at Paris,
Artillery, Technical Delegate.
The United States of Venezuela:
M. José Gil Fortoul, Chargé d'Affaires at Berlin, Delegate Pleni
potentiary. At a series of meetings, held from the 15th June to the 18th October, 1907, in which the above Delegates were throughout animated by the desire to realize, in the fullest possible measure, the generous views of the august initiator of the Conference and the intentions of their Governments, the Conference drew up for submission for signature by the Plenipotentiaries, the text of the Conventions and of the Declaration enumerated below and annexed to the present Act:1. Convention for the Pacific Settlement of International Dis
putes. 2. Convention respecting the Limitation of the Employment
of Force for the Recovery of Contract Debts. 3. Convention relative to the Opening of Hostilities. 4. Convention respecting the Laws and Customs of War on
Land. 5. Convention respecting the Rights and Duties of Neutral
Powers and Persons in case of War on Land. 6. Convention relative to the Status of Enemy Merchant-ships
at the Outbreak of Hostilities. 7. Convention relative to the Conversion of Merchant-ships into
War-ships. 8. Convention relative to the Laying of Automatic Submarine
Contact Mines. 9. Convention respecting Bombardment by Naval Forces in
Time of War. 10. Convention for the Adaptation to Naval War of the Prin
ciples of the Geneva Convention. 11. Convention relative to certain Restrictions with regard to
the Exercise of the Right of Capture in Naval War. 12. Convention relative to the creation of an International Prize
Court. 13. Convention concerning the Rights and Duties of Neutral
Powers in Naval War. 14. Declaration prohibiting the discharge of Projectiles and
Explosives from Balloons. These Conventions and Declaration shall form so many separate Acts. These Acts shall be dated this day, and may be signed up to the 30th June, 1908, at The Hague, by the Plenipotentiaries of the Powers represented at the Second Peace Conference.
The Conference, actuated by the spirit of mutual agreement and concession characterizing its deliberations, has agreed upon the following Declaration, which, while reserving to each of the Powers represented full liberty of action as regards yoting, enables them to affirm the principles which they regard as unanimously admitted :It is unanimous
1. In admitting the principle of compulsory arbitration.
to the interpretation and application of the provisions of
arbitration without any restriction. Finally, it is unanimous in proclaiming that, although it has not yet been found feasible to conclude a Convention in this sense, nevertheless the divergences of opinion which have come to light have not exceeded the bounds of judicial controversy, and that, by working together here during the past four months, the collected Powers not only have learnt to understand one another and to draw closer together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the common welfare of humanity.
The Conference has further unanimously adopted the following Resolution:
The Second Peace Conference confirms the Resolution adopted by the Conference of 1899 in regard to the limitation of military expenditure; and inasmuch as military expenditure has considerably increased in almost every country since that time, the Conference declares that it is eminently desirable that the Governments should resume the serious examination of this question. It has besides expressed the following opinions: 1. The Conference calls the attention of the Signatory Powers to
the advisability of adopting the annexed draft Convention for the creation of a Judicial Arbitration Court, and of bringing it into force as soon as an agreement has been reached respecting the selection of the Judges and the con
stitution of the Court. 2. The Conference expresses the opinion that, in case of war, the
responsible authorities, civil as well as military, should make it their special duty to ensure and safeguard the maintenance of pacific relations, more especially of the commercial and industrial relations between the inhabitants of the bel
ligerent States and neutral countries. 3. The Conference expresses the opinion that the Powers should
regulate, by special Treaties, the position, as regards mili
tary charges, of foreigners residing within their territories. 4. The Conference expresses the opinion that the preparation of
regulations relative to the laws and customs of naval war should figure in the programme of the next Conference, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the Convention relative to the
laws and Customs of War on land. Finally, the Conference recommends to the Powers the assembly of a Third Peace Conference, which might be held within a period corresponding to that which has elapsed since the preceding Conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the programme of this Third Conference a sufficient time in advance to ensure its deliberations being conducted with the necessary authority and expedition.
In order to attain this object the Conference considers that it would be very desirable that, some two years before the probable date of the meeting, a preparatory Committee should be charged by the Govern. ments with the task of collecting the various proposals to be submitted to the Conference, of ascertaining what subjects are ripe for embodiment in an International Regulation, and of preparing a programme which the Governments should decide upon in sufficient time to enable it to be carefully examined by the countries interested. This Committee should further be intrusted with the task of proposing a system of organization and procedure for the Conference itself.
In faith whereof the Plenipotentiaries have signed the present Act and have affixed their seals thereto.*
Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent to all the Powers represented at the Conference.
(Here follow signatures.)
ANNEX TO THE FIRST OPINION EXPRESSED BY THE SECOND PEACE
CONFERENCE. Draft Convention relative to the Creation of a Judicial Arbitration
Part I.-Constitution of the Judicial Arbitration Court.
With a view to promoting the cause of arbitration, the Contracting Powers agree to constitute, without altering the status of the Permanent Court of Arbitration, a Judicial Arbitration Court, of free and easy access, composed of Judges representing the various juridical systems of the world, and capable of insuring continuity in jurisprudence of arbitration.
The Judicial Arbitration Court is composed of Judges and Deputy Judges chosen from persons of the highest moral reputation, and all fulfilling conditions qualifying them, in their respective countries, to occupy high legal posts, or be jurists of recognized competence in matters of international law.
The Judges and Deputy Judges of the Court are appointed, as far as possible, from the members of the Permanent Court of Arbitration. The appointment shall be made within the six months following the ratification of the present Convention.
The Judges and Deputy Judges are appointed for a period of twelve years, counting from the date on which the appointment is notified to the Administrative Council created by the Convention for the Pacific Settlement of International Disputes. Their appointments can be renewed.
Should a Judge of Deputy Judge die or retire, the vacancy is filled in the manner in which his appointment was made. In this case, the appointment is made for a fresh period of twelve years.
The Judges of the Judicial Arbitration Court are equal and rank according to the date on which their appointment was notified. The Judge who is senior in point of age takes precedence when the date of notification is the same.
The Deputy Judges are assimilated, in the exercise of their functions, with the Judges. They rank, however, below the latter.
The Judges enjoy diplomatic privileges and immunities in the exercise of their functions, outside their own country.
Before taking their seat, the Judges and Deputy Judges must swear, before the Administrative Council, or make a solemn affirmation to exercise their functions impartially and conscientiously.
The Court annually nominates three Judges to form a special delegation and three more to replace them should the necessity arise. They may be re-elected. They are balloted for. The persons who secure the largest number of votes are considered elected. The delegation itself elects its President, who, in default of a majority, is appointed by lot.
A member of the delegation cannot exercise his duties when the Power which appointed him, or of which he is a national, is one of the parties.
The members of the delegation are to conclude all matters submitted to them, even if the period for which they have been appointed Judges has expired.
A Judge may not exercise his judicial functions in any case in which he
has, in any way whatever, taken part in the decision of a National Tribunal, of a Tribunal of Arbitration, or of a Commission of Inquiry, or has figured in the suit as counsel or advocate for one of the parties.
A Judge cannot act as agent or advocate before the Judicial Arbitration Court or the Permanent Court of Arbitration, before a Special Tribunal of Arbitration or a Commission of Inquiry, nor act for one of the parties in any capacity whatsoever so long as his appointment lasts.
The Court elects its President and Vice-President by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority and, in case the votes are even, by lot.
The Judges of the Judicial Arbitration Court receive an annual salary of 6,000 Netherland florins. This salary is paid at the end of each half-year, reckoned from the date on which the Court meets for the first time.
In the exercise of their duties during the sessions or in the special cases covered by the present Convention, they receive the sum of 100 florins per diem. They are further entitled to receive a travelling allowance fixed in accordance with Regulations existing in their own