Pacific settlement of international disputes (Hague, I) · PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (HAGUE, I) Conventionsigned at TheHague October 18,1907 Senate advice and consent

PACIFIC SETTLEMENT OF INTERNATIONALDISPUTES (HAGUE, I)

Convention signed at The Hague October 18,1907Senate advice and consent to ratification, with an understanding and

declarations, April 2, 1908 1

Ratified by the President of the United States, with an understanding.and declarations, February 23,1909 1

Proces-verbal of first deposit of ratifications (including that of the UnitedStates) at The Hague dated November 27, 1909

Entered into force January 26, 1910Proclaimed by the President of the United States February 28,1910

36 Stat. 2199; Treaty Series 536

[TRANSLATION]

I

CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES

His Majesty the German Emperor, King of Prussia; the President of theUnited States of America; the President of the Argentine Republic; HisMajesty the Emperor of Austria, King of Bohemia, etc., and Apostolic Kingof Hungary; His Majesty the King of the Belgians; the President of theRepubliC of Bolivia; the President of the RepUblic of the United States of

1 For text of a U.S. declaration made at time of signing and maintained in the Senate'sresolution of advice and consent and in the President's ratification, see footnote 6, p. 604.The Senate resolution contains, in addition, the ·following understanding and declarations,which also were maintained in the President's ratification:

'~Resolved further, as a part of this act of ratification, That the United States approvesthis convention with the understanding that recourse to the permanent court for the settlement of differences can be had only by agreement thereto through general or specialtreaties of arbitration heretofore or hereafter concluded between the parties in dispute;and the United States now exercises the option contained in Arti~le 53 of saidconvention, to exclude the formulation of the 'compromis' by the permanent court, and

, hereby excludes from the competence of the permanent court the power to frame the'compromis' required by general or special treaties of arbitration concluded or hereafterto be concluded by the United States, and further expressly declares that the 'compromis'reqUired by any treaty of arbitration to which the United States may be a party shall besettled only by agreement between the contracting parties, unless such treaty shallexpressly provide otherwise." .

577

578 MULTILATERAL AGREEMENTS, 1776-1917

Brazil; His Royal Highness the Prince of Bulgaria; the President of theRepublic of Chile; His Majesty the Emperor of China; the President of theRepublic 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; thePresident of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions Beyond theSeas, Emperor of India; His Majesty the King of the Hellenes; the Presidentof the Republic of Guatemala; the President of the Republic of Haiti; HisMajesty the King of Italy; His Majesty the Emperor of Japan; His RoyalHighness the Grand Duke of Luxemburg, Duke of Nassau; the Presidentof the United Mexican States; His Royal Highness the Prince of Montenegro;His Majesty the King of Norway; the President of the Republic of Panama;the President of the Republic of Paraguay; Her Majesty the Queen of theNetherlands; the President of the Republic of Peru; His Imperial Majestythe Shah of Persia; His Majesty the King of Portugal and of the Algarves,etc.; His Majesty the King of Roumania; His Majesty the Emperor of Allthe Russias; the President of the Republic of Salvador; His Majesty theKing of Servia; His Majesty the King of Siam; His Majesty the King ofSweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President ofthe United States of Venezuela:

Animated by the sincere desire to work for the maintenance of generalpeace;

Resolved to promote by. all the efforts in their power the friendly settlement of international disputes;

Recognizing the solidarity uniting the members of the society of civilizednations;

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 tothis result;

Having regard to the advantages attending the general and regular organization of the procedure of arbitration;

Sharing the opinion of the august initiator of the International PeaceConference that it is expedient to record in an international agreement theprinciples of equity and right on which are based the security of states and thewelfare of peoples;

Being desirous, with this object, of insuring the better working in practice ofcommissions of inquiry and tribunals of arbitration, and of facilitating recourse to arbitration in cases which allow of a summary procedure;

PACIFIC SETTLEMENT OF DISPUTES-OCTOBER 18, 1907 579

Have deemed it necessary to revise in certain particulars and to completethe work of the First Peace Conference for the pacific settlement of international disputes;

The High Contracting Parties have resolved to conclude a new conventionfor this purpose, and have appointed the following as their plenipotentiaries:

His Majesty the Emperor of Germany, King of Prussia:His Excellency Baron Marschall von Bieberstein, His Minister of State,

His Ambassador Extraordinary and Plenipotentiary at Constantinople;Dr. Johannes Kriege, His Envoy on extraordinary mission to the present

Conference, His Privy Counselor of Legation and Jurisconsult to the ImperialMinistry of Foreign Affairs, Member of the Permanent Court of Arbitration.

The President of the United States of America:His Excellency Mr. Joseph H. Choate, Ambassador Extraordinary;His Excellency Mr. Horace Porter, Ambassador Extraordinary;His Excellency Mr. Uriah M. Rose, Ambassador Extraordinary;His Excellency Mr. David Jayne Hill, Envoy Extraordinary and Minister

Plenipotentiary at The Hague;Rear Admiral Charles S. Sperry, Minister Plenipotentiary;Brigadier General George B. Davis, Judge Advocate General of the United

States Army, Minister Plenipotentiary;Mr. William I. Buchanan, Minister Plenipotentiary.

The President of the Argentine Republic:His Excellency Mr. Roque Saenz Pena, former Minister of Foreign Af

fairs, Envoy Extraordinary and Minister Plenipotentiary of the Republicat Rome, Member of the Permanent Court of Arbitration;

His Excellency Mr. Luis M. Drago, former Minister of Foreign Affairs andWorship of the Republic, National Deputy, Member of the PermanentCourt of Arbitration;

His Excellency Mr. Carlos Rodriguez Larreta, former Minister of ForeignAffairs and Worship of the Republic, Member of the Permanent Court ofArbitration. .

His Majesty the Emperor of Austria, King of Bohemia, etc., and ApostolicKing of Hungary: .

His Excellency Mr. Gaetan Merey de Kapos-Mere, His Privy Counselor,His Ambassador Extraordinary and Plenipotentiary;

His Excellency Baron Charles de Macchio, His Envoy Extraordinary andMinister Plenipotentiary at Athens.

His Majesty the King of the Belgians:His Excellency Mr. Beernaert, His Minister of State, Member of the

Chamber of Representatives, Member of the Institute of France and ofthe Royal Academies of Belgium and Roumania, Honor Member of theInstitute of International Law, Member of the Permanent Court of Arbitration;


His Excellency Mr. J. van den Heuvel, His Minister of State, formerMinister of Justice;

His Excellency Baron Guillaume, His Envoy Extraordinary and MinisterPlenipotentiary at The Hague, Member of the Royal Academy of Roumania.

The President of the Republic of Bolivia:His Excellency Mr. Claudio Pinilla, Minister of Foreign Affairs of the

Republic, Member of the Permanent Court of Arbitration;His Excellency Mr. Fernando E. Guachalla, Minister Plenipotentiary at

London.

The President of the Republic of the United States of Brazil:His Excellency Mr. Ruy Barbosa, Ambassador Extraordinary and Pleni

potentiary, Member of the Permanent Court of Atbitration;His Excellency Mr. Eduardo F. S. dos Santos LisbOa, Envoy Extraordinary

and Minister Plenipotentiary at The Hague.

His Royal Highness the Prince of Bulgaria:Mr. Vrban Vinaroff, Major General of the General Staff, attached to

His suite;Mr. Ivan Karandjouloff, Director of Public Prosecution of the Court of

Cassation..

The President of the Republic of Chile:His Excellency Mr. Domingo Gana, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at London;His Excellency Mr. Augusto Matte, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at Berlin;His Excellency Mr. Carlos Concha, former Minister of War, former

President of the Chamber of Deputies, former Envoy Extraordinary andMinister Plenipotentiary at Buenos Aires.

His Majesty the Emperor of China:His Excellency Mr. Lou Tseng-tsiang, His Ambassador Extraordinary;His Excellency Mr. Tsien Sun, His Envoy Extraordinary and Minister

Plenipotentiary at loe Hague.

The President of the Republic of Colombia:General Jorge Holguin;Mr. Santiago Perez Triana;His Excellency General Marceliano Vargas, Envoy Extraordinary and

Minister Plenipotentiary of the Republic at Paris.

The Provisional Governor of the Republic of Cuba:Mr. Antonio Sanchez de Bustamante, Professor of International Law in

the University of Habana, Senator of the Republic;His Excellency Mr. Gonzalo de Quesada y Arostegui, Envoy Extraordi

nary and Minister Plenipotentiary of the Republic at Washington;


Mr. Manuel Sanguily, fonner Director of the Institute of Secondary Instruction of Habana, Senator of the Republic.

His Majesty the King of Denmark:His Excellency Mr. Constantin Brun, His Chamberlain, His Envoy Ex

traordinary and Minister Plenipotentiary at Washington;Rear Admiral Christian Frederik Scheller;Mr. Axel Vedel, His Chamberlain, Chief of Division in the Royal Ministry

of Foreign Affairs.

The President of the Dominican Republic:Mr. Francisco Henriquez y Carvajal, fonner Secretary of State in the

Ministry of Foreign Affairs of the Republic, Member of the PennanentCourt of Arbitration;

Mr. Apolinar Tejera, Rector of the Professional Institute of the Republic,Member of the Pennanent Court of Arbitration.

The President of the Republic of Ecuador:His Excellency Mr. Victor Rend6n, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at Paris and at Madrid;Mr. Enrique Dom y de Alsua, Charge d'Affaires.

His Majesty the King of Spain:His Excellency Mr. W. R. de Villa-Urrutia, Senator, fonner Minister of

Foreign Affairs, His Ambassador Extraordinary and Plenipotentiary atLondon;

His Excellency Mr. Jose de la Rica y Calvo, His Envoy Extraordinary andMinister Plenipotentiary at The Hague;

Mr. Gabriel Maura y Gamazo, Count de Mortera, Deputy to the Cortes.

The President of the French Republic:His Excellency Mr. Leon Bourgeois, Ambassador Extraordinary of the

Republic, Senator, former President of the Council of Ministers, fonnerMinister of Foreign Affairs, Member of the Pennanent Court of Arbitration;

Baron d'Estoumelles de Constant, Senator, Minister Plenipotentiary ofclass I, Member of the Pennanent Court of Arbitration;

Mr. Louis Renault, Professor of the Faculty of Law of the Universityof Paris, Honorary Minister Plenipotentiary, Jurisconsult of the Ministryof Foreign Affairs, Member of the Institute of France, Member of the Pennanent Court of Arbitration;

His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and MinisterPlenipotentiary of the French Republic at The Hague.

His Majesty :the King of the United Kingdom of Great Britain and Irelandand of the British Dominions Beyond the Seas, Emperor of InHia:

His Excellency the Right Honorable Sir Edward Fry, G.C.B., Memberof the Privy Council, His Ambassador Extraordinary, Member of the Permanent Court of Arbitration;


His Excellency the Right Honorable Sir Ernest Mason Satow, G.C.M.G.,Member of the Privy Council, Member of the Permanent Court ofArbitration;

His Excellency the Right Honorable Donald James Mackay Baron Reay,G.C.S.L, G.C.I.E., Member of the Privy Council, former President of theInstitute of International Law;

His Excellency Sir Henry Howard, K.C.M.G., C.B., His Envoy Extraordinary and Minister Plenipotentiary at The Hague.

His Majesty the King of the Hellenes:His Excellency Mr. Clt~on Rizo Rangabe, His Envoy Extraordinary and

Minister Plenipotentiary at Berlin; .Mr. Georges Streit, Professor of International Law in the University of

Athens, Member of the Permanent Court of Arbitration.

The President of the Republic of Guatemala:Mr. Jose Tible Machado, Charge d'Affaires of the Republic at The Hague

and at London, Member of the Permanent Court of Arbitration;Mr. Enrique Gomez Carillo, Charge d'Affaires of the Republic at Berlin.

The President of the Republic of Haiti:His Excellency Mr. Jean Joseph Dalbemar, Envoy Extraordinary and

Minister Plenipotentiary of the Republic at Paris; .His Excellency Mr. J. N. Leger, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at Washington;Mr. Pierre Hudicourt, former Professor of Public International Law,

Attorney at Law at Port au Prince.

His Majesty the King of Italy:His Excellency Count Joseph Tornielli Brusati di Vergano, Senator of the

Kingdom, Ambassador of His Majesty the King at Paris, Member of thePermanent Court of Arbitration, President of the Italian Delegation;

His Excellency Commendatore Guido Pompilj, Deputy to the Parliament,Under Secretary of State in the Royal Ministry of Foreign Affairs;

Commendatore Guido Fusinato, Counselor of State, Deputy to the Parliament, former Minister of Education.

His Majesty the Emperor of Japan:His Excellency Mr. Keiroku Tsudzuki, His Ambassador Extraordinary

and Plenipotentiary;His Excellency Mr. Aimaro Sato, His Envoy Extraordinary and Minister

Plenipotentiary at The Hague.

His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau:His Excellency Mr. Eyschen, His Minister of State, President of the Grand

Ducal Government;Count de Villers, Charge d'Affaires of the Grand Duchy at Berlin.


The President of the United Mexican States:His Excellency Mr. Gonzalo A. Esteva, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at Rome;His Excellency Mr. Sebastian B. de Mier, Envoy Extraordinary and Minis

ter Plenipotentiary of the Republic at Paris;His Excellency Mr. Francisco L. de la Barra, Envoy Extraordinary and

Minister Plenipotentiary of the Republic at Brussels and at The Hague.

His Royal Highness the Prince of Montenegro:His Excellency Mr. Nelidow, now Imperial Privy Counselor, Ambassador

of His Majesty the Emperor of All the Russias at Paris;His Excellency Mr. de Martens, Imperial Privy Counselor, Permanent

Member of the Council of the Imperial Ministry of Foreign Affairs of Russia;His Excellency Mr. Tcharykow, now Imperial Counselor of State, Envoy

Extraordinary and Minister Plenipotentiary of His Majesty the Emperor ofAll the Russias at The Hague.

His Majesty the King of Norway:His Excellency Mr. Francis Hagerup, former President of the Council,

former Professor of Law, His Envoy Extraordinary and Minister Plenipotentiary at The Hague and at Copenhagen, Member of the Permanent Court ofArbitration.

The President of the Republic of Panama:Mr. Belisario Porras.

The President of the Republic of Paraguay:His Excellency Mr. Eusebio Machain, Envoy Extraordinary and Minister

Plenipotentiary of the Republic at Paris;Count G. du Monceau de Bergendal, Consul of the Republic at Brussels.

Her Majesty the Queen of the Netherlands:Mr. W. H. de Beaufort, Her former Minister of Foreign Affairs, Mem

.ber of the Second Chamber of the States-General;His Excellency Mr. T. M. C. Asser, Her Minister of State, Member of the

Council of State, Member of the Permanent Court of Arbitration;His Excellency Jonkheer J. C. C. den Beer Poortugael, Lieutenant General

Retired, former Minister of War, Member of the Council of State;His Excellency Jonkheer J. A. Roell, HeroAide-de-Camp on Special Serv

ice, Vice Admiral Retired, former Minister of the Navy;Mr. J. A. Loeff, Her former Minister of Justice, Member of the Second

Chamber of the States-General.

The President of the Republic of Peru:His Excellency Mr. Carlos G. Candamo, Envoy Extraordinary and Min

ister Plenipotentiary of the Republic at Paris and at London, Member ofthe Permanent Court of Arbitration.


His Imperial Majesty the Shah of Persia:His Exc~llency Samad Khan Momtazos Saltaneh, His Envoy Extraordi

nary and Minister Plenipotentiary at Paris, Member of the Permanent Courtof Arbitration;

His Excellency Mirza Ahmed Khan Sadigh VI Mulk, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.

His Majesty the King of Portugal and of the Algarves, etc.His Excellency the Marquis de Soveral, His Counselor of State, Peer of the

Kingdom, former Minister of Foreign Affairs, His Envoy Extraordinary andMinister Plenipotentiary at London, His Ambassador Extraordinary andPlenipotentiary; .

His Excellency Count de Selir, His Envoy Extraordinary and MinisterPlenipotentiary at The Hague;

His Excellency Mr. Alberto d'Oliveira, His Envoy Extraordinary and Minister Plenipotentiary at Berne.

His Majesty the King of Roumania:His Excellency Mr. Alexandre Beldiman, His Envoy Extraordinary and

Minister Plenipotentiary at Berlin;His Excellency Mr. Edgar Mavrocordato, His Envoy Extraordinary and

Minister Plenipotentiary at The Hague.

His Majesty the Emperor of All the Russias:His Excellency Mr. Nelidow, His present Privy Counselor, His Ambas

sador at Paris;His Excellency Mr. de Martens, His Privy Counselor, Permanent Member

of the Council of the Imperial Ministry of Foreign Affairs, Member of thePermanent Court of Arbitration;.

His Excellency Mr. Tcharykow, His present Counselor of State, HisChamberlain, His Envoy Extraordinary and Minister Plenipotentiary at TheHague.

The President of the Republic of Salvador:Mr. Pedro I. Matheu, Charge d'Affaires of the Republic at Paris, Member

of the Permanent Court of Arbitration;Mr. Santiago Per~z Triana, Charge d'Affaires of the Republic at London.

His Majesty the King of Servia:His Excellency General Sava Grouitch, President of the Council of State;His Excellency Mr. Milovan Milovanovitch, His Envoy Extraordinary and

Minister Plenipotentiary at Rome, Member of the Permanent Court ofArbitration;

His Excellency Mr. Michel Militchevitch, His Envoy Extraordinary andMinister Plenipotentiary at London and at The Hague.


His Majesty the King of Siam:Mom Chatidej Udom, Major General;Mr. C. Corragioni d'Orelli, His Counselor of Legation;Luang Bhuvanarth Nariibal, Captain.

His Majesty the King of Sweden, of the Goths and Vandals:His Excellency Mr. Knut Hjalmar Leonard Hammarskjold, His former

Minister of Justice, His Envoy Extraordinary and Minister Plenipotentiaryat Copenhagen, Member of the Permanent Court of Arbitration;

Mr. Johannes Hellner, His former Minister without portfolio, formerMember of the Supreme Court of Sweden, Member of the Permanent Courtof Arbitration.

The Swiss Federal Council:His Excellency Mr. Gaston Carlin, Envoy Extraordinary and Minister

Plenipotentiary of the Swiss Confederation at London and at The Hague;Mr. Eugene Borel, Colonel of the General Staff, Professor in the University

of Geneva;Mr. Max Huber, Professor of Law in the University of Zurich.

His Majesty the Emperor of the Ottomans:His Excellency Turkhan Pasha, His Ambassador Extraordinary, Minister

of the Evkaf;His Excellency Rechid Bey, His Ambassador at Rome;His Excellency Mehemmed Pasha, Vice Admiral.

The President of the Oriental Republic of Uruguay:His Excellency Mr. Jose Batl1e y Ordonez, former President of the Re

public, Member of the Permanent Court of Arbitration;His Excellency Mr. Juan P. Castro, former President of the Senate, Envoy

Extraordinary and Minister Plenipotentiary of the Republic at Paris, Memberof the Permanent Court of Arbitration.

The President of the United States of Venezuela:Mr. Jose Gil Fortoul, Charge d'Affaires of the Republic at Berlin.

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

PART I. THE MAINTENANCE OF GENERAL PEACE

ARTICLE 1

With a view to obviating as far as possible recourse to force in the relationsbetween states, the Contracting Powers agree to use their best efforts to insurethe pacific settlement of international differences.


PART II. GOOD OFFICES AND MEDIATION

ARTICLE 2

In case of serious disagreement or dispute, before an appeal to arms, theContracting Powers agree to have recourse, as far as circumstances allow, tothe good offices or mediation of one or more friendly powers.

ARTICLE 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 goodoffices 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 indispute as an unfriendly act.

ARTICLE 4

The part of the mediator consists in reconciling the opposing claims andappeasing the feelings of resentment which may have arisen between thestates at variance.

ARTICLE 5

The functions of the mediator are at an end when once it is declared, eitherby one of the parties to the dispute or by the mediator himself, that the meansof reconciliation proposed by him are not accepted.

ARTICLE 6

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

ARTICLE 7

The acceptance of mediation cannot, unless there be an agreement to thecontrary, have the effect of interrupting, delaying, or hindering mobilizationor other measures of preparation for war.

If it takes place after the commencement of hostilities, the military operations in progress are not interrupted in the absence of an agreement to thecontrary.

ARTICLE 8

The Contracting 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 states at variancechoose respectively a power, to which they intrust the mission of entering


into direct communication with the power chosen on the other side, with theobject 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 dispute cease from all directcommunication on the subject of the dispute, which is regarded as referredexclusively to the mediating powers, which must use their best efforts tosettle it.

In case of a definite rupture of pacific relations, these powers are chargedwith the joint task of taking advantage of any opportunity to restore peace.

PART III. INTERNATIONAL COMMISSIONS OF INQUIRY

ARTICLE 9

In disputes of an international nature involving neither honor nor vitalinterests, and arising from a difference of opinion on points of fact, theContracting Powers deem it expedient and desirable that the parties whohave 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 bymeans of an impartial and conscientious investigation.

ARTICLE 10

International commissions of inquiry are constituted by special agreementbetween the parties in dispute.

The inquiry convention defines the facts to be examined; it determinesthe mode and time in which the commission is to be formed and the extentof the powers of the commissioners.

I t also determines, if there is need, where the commission is to sit, andwhether it may remove to another place, the language the commission shalluse and the languages the use of which shall be authorized before it, as wellas 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 conventionof inquiry shall determine the mode of their selection and the extent of theirpowers.

ARTICLE 11

If the inquiry convention has not determined where the commission is tosit, it will sit at The Hague. .

The place of meeting, once fixed, cannot be altered by the commissionexcept with the assent of the parties.

If the inquiry convention has not determined what languages are to beemployed, the question shall be decided by the commission.


ARTICLE 12

Unless an undertaking is made to the contrary, commissions of inquiry shallbe formed in the manner determined by articles 45 and 57 of the presentconvention.

ARTICLE 13

Should one of the commissioners or one of the assessors, should there beany, either die, or resign, or be unable fot any reason whatever to discharge hisfunctions, the same procedure is followed for filling the vacancy as was followed for appointing him.

ARTICLE 14

The parties are entitled to appoint special agents to attend the commissionof inquiry, whose duty it is to represent them and to act as intermediariesbetween them and the commission.

They are further authorized to engage counselor advocates, appointedby themselves, to state their case and uphold their interests before thecommission.

ARTICLE 15

The International Bureau of the Permanent Court of Arbitration acts asregistry for the commissions which sit at The Hague, and shall place itsoffices and staff at the disposal of the Contracting Powers for the use of thecommission of inquiry.

ARTICLE 16

If the commission meets elsewhere than at The Hague, it appomts asecretary general, whose office serves as registry.

It is the function of the registry, under the control of the president, to makethe necessary arrangements for the sittings of the commission, the preparationof the minutes, and, while the inquiry lasts, for the charge of the archives,which shall subsequently be transferred to the International Bureau at TheHague.

ARTICLE 17

In order to facilitate the constitution and working of commissions ofinquiry, the Contrac"ting Powers recommend the following rules, which shallbe applicable to the inquiry procedure in so far as the parties do not adoptother rules.

ARTICLE 18

The commission shall settle the details of the procedure not covered bythe special inquiry convention or the present convention, and shall arrangeall the formalities required for dealing with the evidence.


ARTICLE 19

On the inquiry both sides must be heard.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 beheard.

ARTICLE 20

The commission is entitled, with the assent of the parties, to move temporarily to any place where is considers it may be useful to have recourseto this means of inquiry or to send one or more of its members. Permissionmust be obtained from the state on whose territory it is proposed to hold theinquiry.

ARTICLE 21

Every investigation, and every examination of a locality, must be made inthe presence of the agents and counsel of the parties or after they have beenduly summoned.

ARTICLE 22

The commission is entitled to ask either party for such explanations andinformation as it considers necessary.

ARTICLE 23

The parties undertake to supply the commission of inquiry, as fully as theymay think possible, with all means and facilities necessary to enable it to become completely acquainted with, and to accurately understand, the facts inquestion.

They undertake to make use of the means at their disposal, under theirmunicipal law, to insure the appearance of the witnesses or experts who arein their territory and have been summoned before the commission.

If the witnesses or experts are unable to appear before the commission,the parties will arrange for their evidence to be taken before the qualifiedofficials of their own country.

ARTICLE 24

For all notices to be served by the commission in the territory of a thirdContracting Power, the commission shall apply direct to the Governmentof the said power. The same rule applies in the case of steps being taken onthe spot to procure evidence.

The requests for this purpose are to be executed so far as the means at thedisposal of the power applied to under its municipal law allow. They cannotbe rejected unless the power in question considers they are calculated to impair its sovereign rights or its safety.


The commission will equally be always entitled to act through the poweron whose territory it sits.

ARTICLE 25

The witnesses and experts are summoned on the request of the partiesor by the commission of its own motion, and, in every case, through theGovernment of the state in whose territory they are.

The witnesses are heard in succession and separately, in the presenceof the agents and counsel, and in the order fixed by the commission.

ARTICLE 26

The examination of witnesses is conducted by the president.The members of the commission may, however, put to each witness ques

tions which they consider likely to throw light on and complete his evidence,or get information on any point concerning the witness within the limitsof what is necessary in order to get at the truth.

The agents and counsel of the parties may not interrupt the witness whenhe is making his statement, nor put any direct que~tion to him, but they mayask the president to put such additional questions to the witness as they thinkexpedient..

ARTICLE 27

The witness must give his evidence without being allowed to read anywritten draft. He may, however, be permitted by the president to consultnotes or documents if the nature of the facts referred to necessitates theiremployment.

ARTICLE 28

A minute of the evidence of the witness is drawn up forthwith and readto the witness. The latter may make such alterations and additions as hethinks necessary, which will be recorded at the end of his statement.

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

ARTICLE 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 ascertainingthe truth.

ARTICLE 30

The commission considers its decisions in private and the proceedings aresecret.

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.


ARTICLE 31

The sittings of the commission are not public, nor the minutes and documents connected with the inquiry published except in virtue ·of a decisionof the commission taken with the consent of the parties.

ARTICLE 32

After the parties have presented all the explanations and evidence, andthe witnesses have all been heard, the president declares the inquiry terminated, and the commission adjourns to deliberate and to draw up its report.

ARTICLE 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.ARTICLE 34

The report of the commission is read at a public sitting, the agents andcounsel of the parties being present or duly summoned.

A copy of the report is given to each party.

ARTICLE 35

The report of the commission is limited to a statement of facts, and has inno way the character of an award. It leaves to the parties entire freedomas to the effect to be given to the statement.

ARTICLE 36

Each party pays its own expenses and an equal share of the expensesincurred by the commission.

PART IV. INTERNATIONAL ARBITRATION

CHAPTER I. The system of arbitration

ARTICLE 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 forlaw.

Recourse to arbitration implies an engagement to submit in good faith tothe award.

ARTICLE 38

In questions of a legal nature, and especially in the interpretation or application of international conventions, arbitration is recognized by the Con-


tracting Powers as the most effective and, at the same time, the most equitablemeans of settling disputes which diplomacy has failed to settle.

Consequently, it would be desirable that, in disputes about the above-mentioned questions, the Contracting Powers should, if the case arose, have recourse to arbitration, in so far as circumstances permit.

ARTICLE 39

The arbitration convention is concluded for disputes already existing andfor disputes which may arise in the future.

It may embrace any dispute or only disputes of a certain category.

ARTICLE 40

Independently of general or private treaties expressly stipulating recourseto 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 theymay consider it possible to submit to it.

CHAPTER II. The Permanent Court of Arbitration

ARTICLE 41

With the object of facilitating an immediate recourse to arbitration forinternational differences, which it has not been possible to settle by diplomacy, the Contracting Powers undertake to maintain the Permanent Courtof Arbitration, as established by the First Peace Conference, accessible at alltimes, and operating, unless otherwise stipulated by the parties, in accordancewith the rules of procedure inserted in the present convention.

ARTICLE 42

The Permanent Court is competent for all arbitration cases, unless theparties agree to institute a special tribunal.

ARTICLE 43

The Permanent Court sits at The Hague.An International Bureau serves as registry for the Court. It is the channel

for communications "relative to the meetings of the Court; it has charge ofthe archives and conducts all the administrative business.

The Contracting Powers undertake to communicate to the Bureau, as soonas possible;a certified copy of any conditions of arbitration arrived at betweenthem and of any award concerning them delivered by a special tribunal.

They likewise undertake to communicate to the Bureau the laws, regulations, and documents eventually showing the execution of the awards given bythe Court.

PACIFIC SETTLEMENT OF DISPUTES-oCTOBER 18, 1907 593

ARTICLE 44

Each Contracting Power selects four persons at the most, of known competency in questions of international law, of the highest moral reputation, anddisposed to accept the duties of arbitrator.

The persons thus selected are inscribed, as members of the Court in a listwhich shall be notified to all the Contracting Powers by the Bureau.

Any alteration in the list of arbitrators is brought by the Bureau to theknowledge of the Contracting Powers.

Two or more powers may agree on the selection in common of one or moremembers.

The same person can be selected by different powers. The members of theCourt are appointed for a term of six years. These appointments arerenewable.

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

ARTICLE 45

When the Contracting Powers wish to have recourse to the PermanentCourt for the settlement of a difference which has arisen between them, thearbitrators called upon to form the tribunal with jurisdiction to decide thisdifference must be chosen from the general list of members of the Court.

Failing the direct agreement of the parties on the composition of thearbitration tribunal, the following course shall be pursued:

Each party appoints two arbitrators, of whom one only can be its nationalor chosen from among the persons selected by it as members of the PermanentCourt. These arbitrators together choose an umpire.

If the votes are equally divided, the choice of th~ umpire is intrusted to athird 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 powersthus 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 ofthe Permanent Court, exclusive of the members selected by the parties andnot being nationals of either of them. Drawing lots determines which of thecandidates thus presented shall be umpire.

ARTICLE 46

The tribunal being thus composed, the parties notify to the Bureau theirdetermination to have recourse to the Court, the text of their compromisJ andthe 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 makesthe necessary arrangements for the meeting.

The members of the tribunal, in the exercise of their duties and out oftheir own country, enjoy diplomatic privileges and immunities.

ARTICLE 47

The Bureau is authorized to place its offices and staff at the disposal of theContracting Powers for the use of any special board of arbitration.

The jurisdiction of the Permanent Court may, within the conditions laiddown in the regulations, be extended to disputes between non-contractingpowers or between contracting powers and non-contracting powers, if theparties are agreed on recourse to this tribunal.

ARTICLE 48 2

The Contracting Powers consider it their duty, if a serious dispute threatensto break out between two or more of them, to remind these latter that thePermanent Court is open to them.

Consequently, they declare that the fact of reminding the parties at varianceof the provisions of the present convention, and the advice given to them, inthe highest interests of peace, to have recourse to the Permanent Court,can only be regarded as friendly actions.

In case of dispute between two powers, one of them can always address tothe International Bureau a note containing a declaration that it would beready to submit the dispute to arbitration.

The Bureau must at once inform the other power of the declaration.

ARTICLE 49

The Permanent Administrative Council, composed of the diplomatic representatives of the Contracting Powers accredited to The Hague and of theNetherland Minister for Foreign Affairs, who will act as President, is chargedwith the direction and control of the International Bureau.

The Council settles its rules of procedures and all other necessaryregulations.

It decides all questions of administration which may arise with regard tothe operations of the Court.

It has entire control over the appointment, suspension, or dismissal of theofficials and employees of the Bureau.

It fixes the compensation and salaries, and controls the general expenditure.

• For text of a U.S. declaration made at time of signing and maintained in the Senate'sresolution of advice and consent and in the President's ratification, see footnote 6, p. 604.


At meetings duly summoned, the presence of nine members is sufficient torender valid the discussions of the Council. The decisions are taken by amajority of votes.

The Council communicates to the Contracting Powers without delay theregulations adopted by it. It furnishes them with an annual report on thelabors of the Court, the working of the administration, and the expenditure.The report likewise contains a resume of what is important in the documentscommunicated to the Bureau by the powers in virtue of article 43, paragraphs3 and 4.

ARTICLE 50

The expenses of the Bureau shall be borne by the Contracting Powers inthe· proportion fixed for the International Bureau of the Universal PostalUnion.

The expenses to be charged to the adhering powers shall be reckcllled fromthe date on which their adhesion comes into force.

CHAPTER III. Arbitration procedure

ARTICLE 51

With a view to encouraging the development of arbitration, the Contracting Powers have agreed on the following rules, which are applicable toarbitration procedure, unless other rules have been agreed on by the parties.

ARTICLE 52

The powers which have recourse to arbitration sign a compromis, in whichthe subject of the dispute is clearly defined, the time allowed for appointingarbitrators, the form, order, and time in which the communication referredto in article 63 must be made, and the amount of the sum which each partymust deposit in advance to defray the expenses.

The compromis likewise defines, if there is occasion, the manner of appointing arbitrators, any special powers which may eventually belong to thetribunal, where it shall meet, the language it shall use, and the languages theemployment of which shall be authorized before it, and, generally speaking,all the conditions on which the parties are agreed.

ARTICLE 53 3

The Permanent Court is competent to settle the compromis, if the partiesare agreed to have recourse to it for the purpose.

a For text of an understanding and declarations contained in the Senate's resolution ofadvice and consent and maintained in the President's ratification, see footnote 1, p. 577.


It is similarly competent, even if the request is made by only one of theparties, when all attempts to reach an understanding through the diplomaticchannel 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 fora compromis in all disputes and not either explicitly or implicitly excludingthe settlement of the compromis from the competence of the Court. Recoursecannot, however, be had to the Court if the other party declares that in itsopinion the dispute does not belong to the category of disputes which can besubmitted to compulsory arbitration, unless the treaty of arbitration confersupon the arbitration tribunal the power of deciding this preliminaryquestion.

2. A dispute arising from contract debts claimed from one power byanother power as due to its nationals, and for the settlement of which theoffer of arbitration has been accepted. This arrangement is not applicable ifacceptance is subject to the condition that the compromis should be settledin some other way.

ARTICLE 54

In the cases contemplated in the preceding article, the compromis shallbe settled by a commission consisting of five members selected in the matterarranged for in article 45, paragraphs 3 to 6.

The fifth member is president of the commission ex officio.

ARTICLE 55

The duties of arbitrator may be conferred on one arbitrator alone or onseveral arbitrators selected by the parties as they please, or chosen by themfrom the members of the Permanent Court of Arbitration established by thepresent convention.

Failing the constitution of the tribunal by direct agreement between theparties, the course referred to in article 45, paragraphs 3 to 6, is followed.

ARTICLE 56

When a sovereign or the chief of a state is chosen as arbitrator, the arbitration procedure is settled by him.

ARTICLE 57

The umpire is president of the tribunal ex officio.When the tribunal does not include an umpire, it appoints its own president.

PACIFIC SETTLEMENT OF DISPUTES-oCTOBER 18, 1907 597

ARTICLE 58

When the compromis is settled by a commission, as contemplated in article54, and in the absence of an agreement to the contrary, the commission itselfshall fonn the arbitration tribunal.

ARTICLE 59

Should one of the arbitrators either die, retire, or be unable for any reasonwhatever to discharge his functions, the same procedure is followed.for fillingthe vacancy as was followed for appointing him.

ARTICLE 60

The tribunal sits at The Hague, unless some other place is selected by theparties.

The tribunal can sit in the territory of a third power only with the latter'sconsent.

The place of meeting once fixed cannot be altered by the tribunal, exceptwith the consent of the parties.

ARTICLE 61

If the question as to what languages are to be used has not been settled bythe compromis, it shall be decided by the tribunal.

ARTICLE 62

The parties are entitled to appoint special agents to attend the tribunalto act as intennediaries between themselves and the tribunal.

They are further authorized to retain for the defense of their rights andinterests before the tribunal, counsel or advocates appointed by themselvesfor this purpose.

The members of the Pennanent Court may not act as agents, counsel, oradvocates except on behalf of the power which appointed them membersof the Court.

ARTICLE 63

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 opposite party of cases, countercases, and,if necessary, of replies; the parties annex thereto all papers and documentscalled for in the case. This communication shall be made either directlyor through the intermediary of the International Bureau, in the order andwithin the time fixed by the compromis.


The time fixed by the compromis may be extended by mutual agreementby the parties, or by the tribunal when the latter considers it necessary for thepurpose of reaching a just decision.

The discussions consist in the oral development before the tribunal of thearguments of the parties.

ARTICLE 64

A certified copy of every document produced by one party must becommunicated to the other party.

ARTICLE 65

Unless special circumstances arise, the tribunal does not meet until thepleadings are closed.

ARTICLE 66

The discussions are under the control of the president.They are public only if 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 alone have an authentic character.

ARTICLE 67

After the close of the pleadings, the tribunal is entitled to refuse discussion of all new papers or documents which one of the parties may wish tosubmit to it without the consent of the other party.

ARTICLE 68

The tribunal is free to take into consideration new papers or documents towhich 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 thesepapers or documents, but is obliged to make them known to the oppositeparty.

ARTICLE 69

The tribunal can, besides, require from the agents of the parties theproduction of all papers, and can demand all necessary explanations. Incase of refusal the tribunal takes note of it.

ARTICLE 70

The agents and the counsel of the parties are authorized to present orallyto the tribunal all the arguments they may consider expedient in defense oftheir case.


ARTICLE 71

They are entitled to raise objections and points. The decisions of thetribunal on these points are final and cannot form the subject of any subsequent discussion.

ARTICLE 72

The members of the tribunal are entitled to put questions to the agentsand counsel of the parties, and to ask them for explanations on doubtfulpoints.

Neither the questions put, nor the remarks made by members of thetribunal in the course of the discussions, can be regarded as an expressionof opinion by the tribunal in general or by its members in particular.

ARTICLE 73

The tribunal is authorized to declare its competence in interpreting thecompromis, as well as the other papers and documents which may be invoked,and in applying the principles of law.

ARTICLE 74

The tribunal is entitled to issue rules of procedure for the conduct of thecase, to decide the forms, order, and time in which each party must concludeits arguments, and to arrange all the formalities required for dealing with theevidence.

ARTICLE 75

The parties undertake to supply the tribunal, as fully as they considerpossible, with all the information required for deciding the case.

ARTICLE 76

For all notices which the tribunal has to serve in the territory of a thirdContracting Power, the tribunal shall apply direct to the Government of thatpower. The same rule applies in the case of steps being taken to procureevidence on the spot.

The requests for this purpose are to be executed as far as the means atthe disposal of the power applied to under its municipal law allow. Theycannot be rejected unless the power in question considers them calculated toimpair its own sovereign rights or its safety.

The Court will equally be always entitled to act through the power onwhose territory it sits.

ARTICLE 77

When the agents and counsel of the parties have submitted all the explanations and evidence in support of their case, the president shall declare thediscussion closed.

219-915--68----39


ARTICLE 78

The tribunal considers its decisions in private and the proceedings remainsecret.

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

ARTICLE 79

The award must give the reasons on which it is based. It contains thenames of the arbitrators; it is signed by the president and registrar or bythe secretary acting as registrar.

ARTICLE 80

The award is read out in public sitting, the agents and counsel of theparties being present or duly summoned to attend.

ARTICLE 81

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

ARTICLE 82

Any dispute arising between the parties as to the interpretation and execution of the award shall, in the absence of an agreement to the contrary, besubmitted to the tribunal which pronounced it.

ARTICLE 83

The parties can reserve in the compromis the right to demand the revisionof the award.

In this case and unless there be an agreement to the contrary, the demandmust be addressed to the tribunal which pronounced the award. It can bemade only on the ground of the discovery of some new fact calculated toexercise a decisive influence upon the award and which was unknown tothe tribunal and to the party which demanded the revision at the time thediscussion was closed.

Proceedings for revision can be instituted only by a decision of the tribunalexpressly recording the existence of the new fact, recognizing in it the character described in the preceding paragraph, and declaring the demand ad-missible on this ground. .

The compromis fixes the period within which the demand for revision mustbe made.

ARTICLE 84

The award is not binding except on the parties in dispute.When it concerns the interpretation of a convention to which powers other

than those in dispute are parties, they shall inform all the signatory powers


in good time. Each of these powers is entitled to intervene in the case.'If one or more avail themselves of this right, the interpretation contained inthe award is equally binding on them.

ARTICLE 85

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

CHAPTER IV. Arbitration by summary procedure

ARTICLE 86

With a view to facilitating the workmg of the system of arbitration in disputes admitting of asummary procedure, the Contracting Powers adopt thefollowing rules, which shall be observed in the absence of other arrangementsand subject to the reservation that the provisions of chapter III apply so faras may be.

ARTICLE 87

Each of the parties in dispute appoints an arbitrator. The two arbitratorsthus selected choose an umpire. If they do not agree on this point, each ofthem proposes two' candidates taken from the general list of the membersof the Permanent Court exclusive of the members appointed by either ofthe parties and not being nationals of either of them; which of the candidatesthus proposed shall be the umpire is determined by lot.

The umpire presides over the tribunal, which gives its decisions by a majority of votes.

ARTICLE 88

In the absence of any previous agreement the tribunal, as soon as it isformed, settles the time within which the two parties must submit their respec-'tive cases to it.

ARTICLE 89

Each party is represented before the tribunal by an agent, who serves asintermediary between the tribunal and the Government which appointedhim.

ARTICLE 90

The proceedings are conducted exclusively in writing. Each party, however, is entitled to ask that witnesses and experts should be called. The tribunal has, for its part, the right to demand oral explanations from the agents

602 MULTILATERAL AGREEMENTS, 1776-1917 .

of the two parties, as well as from the experts and witnesses whose appearance in court it may consider useful.

PART V. FINAL PROVISIONS

ARTICLE 91

The present convention, duly ratified, shall replace, as between the Contracting Powers, the Convention for the Pacific Settlement of InternationalDisputes of the 29th of July, 1899.'

ARTICLE 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 proces-verbal signed

by the representatives of the powers which take part therein and by theNetherland Minister for Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of awritten notification, addressed to the Netherland Government and accompanied by the instrument of ratification.

A duly certified copy of the proces-verbal relative to the first deposit ofratifications, of the notifications mentioned in the preceding paragraph, andof the instruments of ratification, shall be immediately sent by the Netherland Government, through the diplomatic channel, to the powers invited tothe Second Peace Conference, as well as to the other powers which shall haveadhered to the convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time infonn the powers of thedate on which it received the notification.

ARTICLE 93

Nonsignatory powers which have been invited to the Second Peace Conferem:e may adhere to the present convention.

The power which desires to adhere notifies its intention in writing to theNetherland Government, forwarding to it the act of adhesion, which shallbe deposited in the archives of the said Government.

This Government·shall immediately forward to all the other powers invitedto the' Second Peace Conference a duly certified copy of the notification aswell as of the act of adhesion, mentioning the date on which it received thenotification.

'TS 392, ante, p. 230.


ARTICLE 94

The conditions on which the powers which have not been invited to theSecond Peace Conference may adhere to the present convention shall formthe subject of a subsequent agreement between the Contracting Powers.s

ARTICLE 95

The present convention shall take effect, for those powers which participatein the first deposit of ratifications, sixty days after the date of the proces-verbalof this deposit, and, in the case of the powers which ratify subsequently orwhich adhere, sixty days after the notification of their ratification or of theiradhesion has been received by the Netherland Government.

ARTICLE 96

In the event of one of the Contracting Parties wishing to denounce thepresent convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certifiedcopy of the notification to all the other powers informing them of the dateon which it was received.

The denunciation shall have effect only in regard to the notifying power,and one year after the notification has reached the Netherland Government.

ARTICLE 97

A register kept by the Netherland Minister for Foreign Affairs shall givethe 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 adhesion(articie 93, paragraph 2) or of denunciation (article 96, paragraph 1) havebeen received.

Each Contracting Power is entitled to have access to this register and tobe supplied with duly certified extracts from it.

In faith whereof, the plenipotentiaries have appended their signaturesto the present convention.

Done at The Hague, the 18th of October, 1907, in a single copy, whichshall remain deposited in the archives of the Netherland Government, and

• The Administrative Council of the Permanent Court of Arbitration, at its meeting onMar. 3, 1960, having consulted all parties to the Hague conventions on pacific settlementof international disputes, in conformity with provisions of art. 94, decided that afterMar. 15, 1960, the Netherlands Government would invite members of the United Nationswhich did not participate in the activities of the Permanent Court of Arbitration to declare(1) whether they considered themselves as contracting parties to the 1899 or 1907 Hagueconventions on pacific settlement, or, if this were not the case., (2) whether they werewilling to adhere to these conventions or to one of them. Several members of the UnitedNations responded to the invitation.


duly certified copies of which shall be sent, through the diplomatic channel,to the Contracting Powers.

1. For Germany:MARSCHALL

KRIEGE

2. For the United States of America:Under reservation of the declaration made in the plenary session ofthe Conference of October 16,1907."

JOSEPH H. CHOATE

HORACE PORTER

U. M.RoSE

DAVID JAYNE HILLC. S. SPERRY .

WILLIAM I. BUCHANAN

3. For Argentina:ROQUE SAENZ PENA

LUIS M. DRAGO

C. RUEZ LARRETA

4. For Austria-Hungary:MEREY

BON MACCHIO

5. For Belgium:A. BEERNAERT

J. VAN DEN HEUVEL

GUILLAUME

6. For Bolivia:CLAUDIO PINILLA

7. For Brazil: With reservations onarticle 53, paragraphs 2, 3 and 4.

Ruy BARBOSA

8. For Bulgaria:GENERAL-MAJOR VINAROFF

Iv. KARANDJOULOFF

9. For Chile: Under the reservation ofthe declaration made with regardto article 39 in the seventh sessionof October 7 of the First Commission:

DOMINGO GANA

AUGUSTO MATTE

CARLOS CONCHA

10. For China:Lou TSENG-TSIANG

TSIEN SUN

11. For Colombia:JOROE HOLGUIN

S. PEREZ TRIANA

M. VARGAS

12. For the Republic of Cuba:ANTONIO S. DE BUSTAMANTE

GONZALO DE QUESADA

MANUEL SANGUILY

13. For Denmark:C.BRUN

14. For the Dominican Republic:DR. HENRIQUEZ Y CARVAJAL

ApOLINAR TEJERA

15. For Ecuador:VICTOR M. RENDON

E. DORN Y DE ALSUA

"The U.S. declaration reads as follows:"The delegation of the United States renews the reservation made in 1899 on the

subject of Article 48 of the Convention for the pacific settlement of international disputesin the form of the following declaration:

"Nothing contained in this convention shall be so construed as to require the UnitedStates of America to depart from its traditional policy of not intruding upon, interferingwith, or entangling itself in the political questions of policy or internal administration ofany foreign state; nor shall anything contained in the said convention be construedto imply a relinquishment by the United States of its traditional attitude toward purelyAmerican questions."

• The Chilean reservation reads, in translation, as follows:"The delegation of Chile desires to make the following declaration in the name of its

Government with respect to this article. Our delegation at the time of signing the Convention of 1899 for the pacific settlement of international disputes did so with the reserva·tion that the adhesion of its Government as regards Article 17 would not include con·troversies or questions prior to the celebration of the Convention.

"The delegation of Chile believes it to be its duty to-day to renew, with respect to thesame provision, the reservation that it has previously made, although it may not be strictly.necessary in view of the similar character of the provision."


16. For Spain:W. R. DE VILLA URRUTIAJOSE DE LA RICA Y CALVOGABRIEL MAURA

17. For France:LEON BOUROEOISD'EsTOURNELLES DE CONSTANTL. RENAULTMARCELLIN PELLET

18. For Great Britain:EDW.FRYERNEST SATOWREAYHENRY HOWARD

19. For Greece: With the reservationof paragraph 2 of article 53.

CLEON RIzo RANGABEGEORGES STREIT

20. For Guatemala:JosE TIBLE MACHADO

21.. For Haiti:DALBEMAR JN JOSEPH]. N. LEOERPIERRE HUDICOURT

22. For Italy:POMPILJG. FuslNATo

23. For Japan: With reservation ofparagraphs 3 and 4 of article 48, ofparagraph '2 of article 53, and ofarticle 54.

AIMARO SATO

24. For Luxemburg:EYSCHENCTE. DE VILLERS

25. For Mexico:G. A. ESTEVAS. B. DE MIERF. L. DE LA BARRA

26. For Montenegro:NELIDOWMARTENSN. TCHARYKOW

27. For Nicaragua:

28. For Norway:F. HAGERUP

" For text, see ante, footnote 5, p. 245.

29. For Panama:B. PORRAS

30. For Paraguay:G. DU MONCEAU

31. For the Netherlands:W. H. DE BEAUFORTT. M. C. ASSERDEN BEER POORTUOAELJ. A. ROELL]. A. LOEFF

32. For Peru:C. G. CANDAMO

33. For Persia:MOMTAZOS-SALTANEH M. SAMAD

KHANSADIOH UL MULK M. AHMED KHAN

34. For Portugal:MARQUIS DE SOVERALCONDE DE SELIRALBERTO D'OLIVEIRA

35. For Roumania: With the same reservations made by the Roumanianplenipotentiaries at the signing ofthe Convention for the PacificSettlement of International Disputes of July 29, 1899."

Eoo. MAVROCORDATO

36. For Russia:NELIDOWMARTENSN. TCHARYKOW

37. For Salvador:P.]. MATHEUS. PEREZ TRIANA

38. For Servia:S. GRouiTCHM. G. MILOVANOVITCHM. G. MILITCHEVITCH

39. For Siam:MOM CHATIDEJ UDOMC. CORRAOIONI D'ORELLILUANG BHUvANARTH NARUBAL

40. For Sweden:JOH. HELLNER

41. For Switzerland: Under reservationof article 53, No.2.

CARLIN


42. For Turkey: Under the reservationof the declarations recorded in theproces-verbal of the ninth plenarysession of the Conference of October 16, 1907.'

TURKHAN

43. For Uruguay:JosE BATLLE Y ORDONEZ

44. For Venezuela:J. GIL FORTOUL

• The Turkish reservation reads, in translation, as follows:"The Ottoman delegation declares, in the name of its Government, that while it is not

unmindful of the beneficent influence which good offices, mediation, commissions of inquiry,and arbitration are able to exercise on the maintenance of the pacific relations betweenStates, in giving its adhesion to the whole of the draft, it does so on the understandingthat such methods remain, as before, purely optional; it could in no case recognizethem as having an obligatory character rendering them susceptible of leading directly orindirectly to an intervention.

. ''The Imperial Government proposes to remain the sole judge of the occasions whenit shall be necessary to have recourse to the different proceedings or to accept themwithout its determination on the point being liable to be viewed by the signatory States asan unfriendly act.

"It is unnecessary to add that such methods should never be applied in cases of internalorder."

Documents

Pacific settlement of international disputes (Hague, I) · PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (HAGUE, I) Conventionsigned at TheHague October 18,1907 Senate advice and consent