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His ROYAL HIGHNESS THE PRINCE OF BULGARIA:
Who, after communication of their full powers, found in good and due form have agreed on the following provisions:
TITLE I.—ON THE MAINTENANCE OF THE GENERAL PEACE.
ARTICLE I. 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.
TITLE II.-ON GOOD OFFICES AND MEDIATION.
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 III. 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.
The exercise of this right can never be regarded by one or the other of the parties in conflict as an unfriendly act.
ARTICLE IV. 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.
The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute, or by the mediator himself, that the means of reconciliation proposed by him are not accepted.
ARTICLE VI. 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 having binding force.
The acceptance of mediation can not, unless there be an agreement to the contrary, hare the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war.
If mediation occurs after the commencement of hostilities it causes no interruption to the military operations in progress, unless there be an agreement to the contrary.
ARTICLE VIII. 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 intrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations.
For the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty days, the States in 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.
TITLE III.—ON INTERNATIONAL COMMISSIONS OF INQUIRY.
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.
The International Commissions of Inquiry are constituted by special agreement between the parties in conflict.
The Convention for an inquiry defines the facts to be examined and the extent of the Commissioners' powers.
It settles the procedure.
The form and the periods to be observed, if not stated in the inquiry Convention, are decided by the Commission itself.
The International Commissions of Inquiry are formed, unless otherwise stipulated, in the manner fixed by Article XXXII of the present convention.
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.
The International Commission of Inquiry communicates its Report to the conflicting Powers, signed by all the members of the Commission.
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.
TITLE IV.-ON INTERNATIONAL ARBITRATION.
CHAPTER I.-On the System of Arbitration.
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.
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.
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.
The Arbitration Convention implies the engagement to submit loyally to the Award.
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.
CHAPTER II.-On the Permanent Court of Arbitration.
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.
8. Doc. 318, 58-2--58
The Permanent Court shall be competent for all arbitration cases. unless the parties agree to institute a special Tribunal.
An International Bureau, established at The Hague, serves as record office 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 conditions of arbitration arrived at between them, and of any award concerning them delivered by special Tribunals.
They undertake also to communicate to the Bureau the Laws, Regulations, and documents eventually showing the execution of the awards given by the Court.
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.
The Members of the Court are appointed for a term of six years. Their appointments can be renewed.
In case of the death or retirement of a meinber of the Court, his place shall be filled in accordance with the method of his appointment.
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.
Failing the direct agreement of the parties on the composition of the Arbitration Tribunal, the following course sball be pursued:
Each party appoints two Arbitrators, and these together choose all Umpire.
If the votes are equal, the choice of the Umpire is intrusted to a third Power, selected by the parties by common accord.
If an agreement is not arrived at on this subject, each party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected.
The Tribunal being thus composed, 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 on the date fixed by the parties.
The Members of the Court, in the discharge of their duties and out of their own country, enjoy diplomatic privileges and immunities.
The Tribunal of Arbitration has its ordinary seat at The Hague.
Except in cases of necessity, the place of session can only be altered by the Tribunal with the assent of the parties.
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 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 Permament Court is open to them.
Consequently, they declare that the fact of reminding the conflicting parties 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.
XVIII. 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 operations 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.