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The Tribunal is free to take into consideration fresh Acts or documents to which its attention may be drawn by the agents or counsel of the parties.
In this case, the Tribunal has the right to require the production of these Acts or documents, but is obliged to make them known to the opposite party.
The Tribunal can, besides, require from the agents of the parties the production of all Acts, and can demand all necessary explanations. In case of refusal, the Tribunal takes note of it.
The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may think expedient in defence of their case.
They have the right to raise objections and points. The decisions of the Tribunal on those points are final, and cannot form the subject of any subsequent discussion.
The members of the Tribunal have the right to put questions to the agents and counsel of the parties, and to demand explanations from them on doubtful points.
Neither the questions put nor the remarks made by members of the Tribunal during the discussions can be regarded as an expression of opinion by the Tribunal in general, or by its members in particular.
The Tribunal is authorized to declare its competence in interpreting the "Compromis" as well as the other Treaties which may be invoked in the case, and in applying the principles of international law.
The Tribunal has the right to issue Rules of Procedure for the conduct of the case, to decide the forms and periods within which each party must conclude its arguments, and to arrange all the formalities required for dealing with the evidence.
When the agents and counsel of the parties have submitted all explanations and evidence in support of their case, the President pronounces the discussion closed.
The deliberations of the Tribunal take place in private. Every decision is taken by a majority of members of the Tribunal.
The refusal of a member to vote must be recorded in the procèsverbal.
The award, given by a majority of votes, is accompanied by a statement of reasons. 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.
The award is read out at a public meeting of the Tribunal, the agents and counsel of the parties being present, or duly summoned to attend.
The award, duly pronounced and notified to the agents of the parties at variance, puts an end to the dispute definitely and without appeal.
The parties can reserve in the "Compromis" 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 calculated to exercise a decisive influence on the award, and which, at the time the discussion was closed, was unknown to the Tribunal and to the party demanding the 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 foregoing paragraph, and declaring the demand admissible on this ground.
The Compromis" fixes the period within which the demand for revision must be made.
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 concerned in the dispute are parties, the latter notify to the former the "Compromis" they have concluded. Each of these Powers has the right to intervene in the case. If one or more of them avail themselves of this right, the interpretation contained in the award is equally binding on them.
Each party pays its own expenses and an equal share of those of the Tribunal.
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 diplomatie channel, to all the Powers who were represented at the International Peace Conference at The Hague.
The non-Signatory Powers who were represented at the International Peace Conference can adhere to the present Convention. For this purpose they must make known their adhesion to the Contracting Powers by a written notification addressed to the Netherlands Government, and communicated by it to all the other Contracting Powers.
The conditions on which the Powers who were not represented at the International Peace Conference can adhere to the present Convention shall form the subject of a subsequent Agreement among the Contracting Powers.
In the event of one of the High Contracting Parties denouncing the present Convention, this denunciation would not take effect until a year after its notification made in writing to the Netherlands Government, and by it communicated at once to all the other Contracting Powers.
This denunciation shall only affect the notifying Power.
In faith of which the Plenipotentiaries have signed the present Convention and affixed their seals to it.
Done at The Hague, the 29th July, 1899, in a single copy, which shall remain in the archives of the Netherlands Government, and copies of it, duly certified, be sent through the diplomatic channel to the Contracting Powers.
Under reserve of the declaration made at the plenary sitting of the Conference on the 25th of July, 1899.
Under the reserves formulated in Articles 16, 17 and 19 of the present Convention (15, 16 and 18 of the project presented by the Committee on Examination) and recorded in the procès-verbal of the sitting of the Third Commission of July 20, 1899.
Under the reserves recorded in the procès-verbal of the Third Commission of July 20, 1899.
(L. S.) PHYA SURIYA NUVATR.
(L. S.) VISUDDHA.
For the United Kingdoms of Swe
den and Norway:
(L. S.) BILDT.
(L. S.) ROTH.
(L. S.) TURKHAN.
(L. S.) MEHEMED NOURY.
Under reserve of the declaration made in the plenary sitting of the
Conference of July 25, 1899.
(L. S.) D. STANCIOFF.
(L. S.) Major HESSAPTCHIEFF.
Certified as a true copy, The Secretary General of the Department
of Foreign Affairs,
(L. S.) L. H. RUYSSENAERS.
THE HAGUE, January 31, 1900. The said Convention was signed by the Plenipotentiaries of the United States of America under reservation of the following declaration:
"Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional
policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of America of its traditional attitude toward purely American questions;"
In pursuance of the stipulations of Article LVIII of the said Convention the ratifications of the said Convention were deposited at The Hague on the 4th. day of September, 1900, by the Plenipotentiaries of the Governments of the United States of America, Germany, AustriaHungary, Belgium, Denmark, Spain, France, Great Britain, Italy, the Netherlands, Persia, Portugal, Roumania, Russia, Siam, Sweden and Norway and Bulgaria; on the 6th. day of October, 1900, by the Plenipotentiary of the Government of Japan; on the 16th. day of October, 1900, by the Plenipotentiary of the Government of Montenegro; on the 29th. day of December, 1900, by the Plenipotentiary of the Government of Switzerland; on the 4th. day of April, 1901, by the Plenipotentiary of the Government of Greece; on the 17th. day of April, 1901, by the Plenipotentiary of the Government of Mexico; on the 11th. day of May, 1901, by the Plenipotentiary of the Government of Servia; and on the 12th. day of July, 1901, by the Plenipotentiary of the Government of Luxembourg.
DECLARATION AS TO LAUNCHING OF PROJECTILES AND EXPLOSIVES, Concluded July 29, 1899; ratification advised by Senate February 5, 1900; ratified by President April 7, 1900; ratifications deposited with Netherlands Government September 4, 1900; proclaimed November 1, 1901. (U. S. Stats., vol. 32, p. 1839.)
(Note: This declaration expires July 29, 1904.)
The Undersigned, Plenipotentiaries of the Powers represented at the International Peace Conference at The Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expression in the Declaration of St. Petersburg of the 29th November (11th December) 1868,
The Contracting Powers agree to prohibit, for a term of five years, the launching of projectiles and explosives from balloons, or by other new methods of similar nature.
The present Declaration is only binding on the Contracting Powers in case of war between two or more of them.
It shall cease to be binding from the time when, in a war between the Contracting Powers, one of the belligerents is joined by a nonContracting Power.
The present Declaration shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
A procès-verbal shall be drawn up on the receipt of each ratification, of which a copy, duly certified, shall be sent through the diplomatic channel to all the Contracting Powers.
The non-Signatory Powers may adhere to the present Declaration. For this purpose they must make their adhesion known to the Contracting Powers by means of a written notification addressed to the