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ANNEX I

A (PROPOSED) CONVENTION
(Not included in copyright)

FOR

COMPULSORY DISARMAMENT AND ARBITRATION, UNDER THE SANCTION

OF

ISOLATION, OR NON-INTERCOURSE

(Four of the Great Powers, at least), desirous of establishing the practice of arbitration for the settlement of all international differences and of effecting a general disarmament of all of the Powers, enter into this Convention [to continue in force until the first of January, nineteen hundred and forty (1940) ], and bind themselves by the following articles:

Arbitration Commissions

ART. I. One or more nations may submit a controversy with one or more other nations that they cannot settle amicably, to the decision of an Arbitration Commission, by filing, in the Office of the Clerk of the Court of The Hague, a complaint containing a clear and comprehensive statement of the claim and indicating in its title the nations defendant.

ART. II.-The Permanent Administrative Board of the Court shall forthwith cause the complaint to be published in full and service of it to be made on the nations defendant through the hands of their diplomatic representatives at The Hague, or neighboring capitals.

ART. III.-Each nation served shall cause its answer to be filed in the Office of the Clerk within eight weeks from the filing of the complaint.

ART. IV. If a third nation considers that its interests are involved in the controversy, it may intervene at any moment before the final submission, upon entering its appearance, filing its cross bill, causing the same to be published immediately by The Court and paying the costs to which the interruption gives rise. It cannot demand the joinder of still other nations as parties defendant, if it does not do so within four weeks from the filing of the original complaint; or the enlargement of the question, if not made before the opening of the hearings; unless, however, desired by a majority of the Arbitration Commission.

ART. V. Each nation which has caused its appearance to be entered in a case may name two members of the Arbitration Commission, and the members thus named shall choose additional members: to wit, three, if only two nations are at conflict; and seven, if more than two nations have appeared.

ART. VI. The nomination of the additional members shall not take place before the expiration of a period of six weeks from the filing of the complaint and may be made by simple agreement; but any nation that has caused its appearance to be entered, may require a meeting to name the additional members, upon filing a petition therefor in the Office of the Clerk specifying a date therefor at least four weeks distant. The meeting shall take place at the Palace of The Hague. Should no other way of choosing these members be unanimously adopted, each nation, in the order of the entry of its appearance at the Clerk's

Office, shall have the right to present three names; and one week later, from this list, in its turn, in the same order, to strike out one at a time, until there shall only remain the requisite number; and these persons, or their substitutes, taken in the inverse order of their elimination, shall be the additional members. If less than five nations are represented at the meeting, only the names of Members of The Court, citizens of nations which nave not appeared or been named as defendants in the case, may be presented. ART. VII. Should the nomination, or the choice of the additional members be once made, the nations intervening subsequently shall not have the right to require a renomination, unless at least three of these nations demand it. This may only be done once, unless with the consent of twothirds of the nations that have appeared.

ART. VIII. The Sessions of each Arbitration Commission shall be held at the Palace of The Hague and they shall commence within the six weeks which follow immediately the nomination or the choosing of the additional members, unless otherwise agreed.

ART. IX.-If, during the course of an arbitration, one of the additional members is prevented from continuing his services, or is disqualified because his nation becomes a party, a substitute shall be called and the case shall be presented from the beginning, unless otherwise agreed. A nation may, at any moment, replace one of its own members.

ART. X.-The decision of the Arbitration Commission shall be reasoned (motivee), set forth in writing, signed by a majority of the arbitrators and filed in the office of the Clerk of the Court of The Hague, who shall forthwith publish and deliver a certified copy of it to each contestant.

It shall contain findings of fact and law upon each request to find and shall be delivered at the final hearing in the case.

ART. XI.-All of the Commissioners shall have the right to vote when there are but two nations at conflict; only the additional members shall vote in other cases, but the other Commissioners may take part in all of the deliberations.

ART. XII.-A plurality only of the voices which take part in the vote shall be necessary for each decision. No vote shall be taken except after timely notice of the hour therefor. The final decision shall comprise a condemnation for costs, including fees for the Commissioners.

ART. XIII.-The decision upon the main issue shall be final, save, in the case of fraud committed in the matter by one or more of the Commissioners.

ART. XIV. If a nation, a party to an arbitration, suspicions the existence of such a case of fraud, it may by petition, institute a Tribunal of The Court of The Hague.

ART. XV.-If a nation against which a complaint for settlement by arbitration has been filed, fails to send its Commissioners, or to comply with a final decision rendered by an Arbitration Commission, the nation injured may institute a Tribunal of The Court of The Hague.

Tribunals of the Court of the Hague

ART. XVI.-A nation which claims the right to institute a Tribunal of The Court of The Hague, may file in the office of the Clerk, a petition therefor, setting forth as fully as possible the ground on which it bases its claim. The Court shall thereupon cite, according to the rules prescribed for the service of an arbitration complaint, the

nations named as defendants, or which were parties in the arbitration case; and these nations may cause their appearance to be entered in the case before the Tribunal.

The petition shall contain the designation of a day of meeting at The Palace of The Hague at least six weeks in advance, to choose the Members of the Tribunal, but any of the other nations, the appearance of which has been entered, may assign an earlier day therefor, observing always the above-mentioned period.

ART. XVII. The Tribunal shall be composed of seven of The Members of The Court, other than those who served as Commissioners in the arbitration, or nationals of a nation involved in the contest. They shall be chosen, by those of the nations having appeared which shall attend on the day indicated. Each nation shall have the privilege of striking off a name from the Roll of the Members, in turn, in the order of its appearance, until but seven names remain.

ART. XVIII.-The Members chosen, as well as the five of whom the names were the last to be stricken from the Roll, shall be advised by the Court, of their nominations, and each Member thus notified shall immediately indicate to the Court, whether it can count upon his presence. Each vacancy shall be filled by the substitution of the first Member available, taken in the inverse order of the elimination and The Court shall take care that there are always two substitutes ready to sit.

ART. XIX. The sessions of the Tribunal shall commence within six weeks from the day of the eliminations. They shall be held at the Palace of The Court of The Hague, unless The Administrative Board shall arrange otherwise.

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