Why The "convention For The Pacific Settlement Of International Disputes", Made In The Hague On October 18, 1907 Approved

Original Language Title: Por la cual se aprueba la "Convención para el Arreglo Pacífico de los Conflictos Internacionales", hecha en la Haya el 18 de octubre de 1907

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ACT 251 OF 1995

(December 29)

Official Journal No. 42.171 of December 29, 1995

By means of which the "Convention for the Pacific Settlement of International Conflicts" is approved, made in The Hague on October 18, 1907.

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the official translation of the "Convention for the Pacific Settlement of International Conflicts", made in The Hague on 18 October 1907.

(To be transcribed. Photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs, is attached.

I.

CONVENTION

For the peaceful settlement of international conflicts.

His Majesty the Emperor of Germany, King of Prussia; the President of the United States of America; the President of the Argentine Republic, his majesty the Emperor of Austria, King of Bohemia etc., and Apostolic King of Hungary, his majesty the King of the Belgas, the President of the Republic of Bolivia, the President of the United States of Brazil, his royal Highness the Prince of Bulgaria, the President of the Republic of Chile, his Majesty the Emperor of China, the President of the Republic 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, the President of the French Republic, his Majesty the King of the United Kingdom of Great Britain and Ireland and the British Overseas Territories, Emperor of the Indies, his majesty the King of Greece, the President of the Republic of Guatemala, the President of the Republic of Haiti, his majesty the King of Italy, his majesty the Emperor of Japan, his Royal Highness the Grand Duke of Luxembourg, Duke of Nassau, the President of the United States of Mexico, 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, his Majesty The Queen of the Netherlands, the President of the Republic of Peru, his Majesty Imperial El Schah of Persia, his Majesty the King of Portugal And from The Groves, etc., your majesty the King of Romania, your majesty the Emperor of all the Russias, the President of the Republic of the Savior, your majesty the King of Serbia, your majesty the King of Siam, your majesty the King of Sweden, the Federal Council Switzerland, its majesty the Emperor of Turkey, the President of the Eastern Republic of Uruguay, the President of the United States of Venezuela:

Encouraged by the strong will to contribute to the maintenance of general peace.

Resolved to favor with all their efforts the amicable settlement of international conflicts.

Recognizing the solidarity that unites the members of the society of civilized nations.

Wanting to extend the rule of law and strengthen the feeling of international justice.

Convinced that the permanent institution of an arbitration jurisdiction accessible to all, within the independent powers, can contribute effectively to this outcome.

Considering the advantages of a general and regular organization of the arbitration procedure.

Estimating with the Augustus Initiator of the International Conference of Peace that it is important to enshrine in an international agreement the principles of equality and law on which the security of the States and the welfare of the Villages.

Willing, within this purpose, to better ensure the practical functioning of the Investigation Commissions and the arbitration tribunals and to facilitate the recourse to the arbitral justice when it comes to disputes likely to permit a summary procedure.

They have judged it necessary to review certain points and complete the work of the First Peace Conference for the peaceful settlement of international conflicts.

The High Contracting Parties have decided to conclude a new Conference for this purpose and have appointed for their Plenipotentiaries, namely:

Her Majesty of the Emperor of Germany, King of Prussia:

His Excellency the Baron Marschall of Bieberstein, his minister of state, his extraordinary ambassador and plenipotentiary in Constantinople;

Mr. Dr. Johannes Kriege, his envoy on mission extraordinary to the present Conference, his intimate adviser of legal and legal counsel in the Imperial Ministry of Foreign Affairs, member of the permanent tribunal of arbitration.

The President of the United States of America:

His Excellency Joseph H. Choate, Ambassador Extraordinary;

Your Excellency Mr. Horace Porter, Ambassador Extraordinary;

Your Excellency Mr. Uriah M. Rose, Ambassador Extraordinary;

Your Excellency David Jayne Hill, Extraordinary Envoy and Plenipotentiary Minister of the Republic in The Hague;

Mr Charles S. Sperry, Rear Admiral, Plenipotentiary Minister;

Mr. Georges B. Davis, Brigadier General, Chief of Military Justice of the Federal Army, Minister Plenipotentiary;

Mr. William I. Buchanan, Plenipotentiary Minister;

The President of the Republic of Argentina:

His Excellency Mr. Roque Saenz Peña, former Minister of Foreign Affairs, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Rome, a member of the Permanent Court of Arbitration;

His Excellency Mr. Luis M. Drago, former Minister of Foreign Affairs and Cults of the Republic, a member of the Permanent Court of Arbitration;

His Excellency Carlos Rodriguez Larreta, former Minister of Foreign Affairs and Cults of the Republic, a member of the permanent tribunal of arbitration.

Her Majesty the Emperor of Austria, King of Bohemia, etc. and Apostolic King of Hungary:

Your Excellency Mr. Gaetan Merey from Kapos-Mere, your intimate counselor, your extraordinary ambassador and plenipotentiary;

His Excellency the Baron Charles of Machio, his extraordinary envoy and Plenipotentiary Minister in Athens.

Her Majesty the King of the Belgas:

Your Excellency Mr Beernaert, your Minister of State, Member of the House of Representatives, Member of the Institute of France and the Royal Academies of Belgium and Romania, Member of the International Law Institute, Member of the International Law Institute, Permanent Court of Arbitration;

Your Excellency Mr. J. Van Den Heuvel, your Minister of State, former Minister of Justice;

His Excellency Mr. Baron Guill Aume, his extraordinary envoy and Plenipotentiary Minister in The Hague, member of the Royal Academy of Romania;

The President of the Republic of Bolivia:

Your Excellency Mr. Claudio Pinilla, Minister of Foreign States of the Republic, Member of the Permanent Court of Arbitration;

Your Excellency Mr. Fernando E. Guachalla, Plenipotentiary Minister in London.

The President of the Republic of the United States of Brazil:

Your Excellency Mr. Ruy Barbosa, Ambassador Extraordinary and Plenipotentiary, Member of the Permanent Court of Arbitration;

Your Excellency Mr. Eduardo F. S. Dos Santos Lisboa, an extraordinary envoy and Plenipotentiary Minister in The Hague.

His Royal Highness the Prince of Bulgaria:

Lord Urban Vinaroff, general-major of the major state, its general in succession;

Mr. Ivan Karandjouloff, Attorney General of the Court of Cassation.

The President of the Republic of Chile:

Your Excellency Mr. Domingo Gana, Extraordinary Envoy and Plenipotentiary Minister of the Republic in London;

His Excellency Mr. Augusto Matte, extraordinary envoy and Plenipotentiary Minister of the Republic in Berlin;

His Excellency Mr. Carlos Concha, former minister of war, former president of the Chamber of Deputies, former extraordinary envoy, and Minister Plenipotentiary in Buenos Aires.

Her Majesty the Emperor of China:

Your Excellency Mr. Lou-Tseng-Tsiang, your extraordinary ambassador;

Your Excellency Mr Tsien * Sun, your extraordinary envoy and Minister Plenipotentiary in The Hague.

The President of the Republic of Colombia:

Mr. Jorge Holguin, general;

Mr. Santiago Perez Triana;

His Excellency Mr. Marceliano Vargas, General, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Paris.

The Provisional Governor of the Republic of Cuba:

Mr. Antonio Sánchez de Bustamante, Professor of International Law at the University of Havana, Senator of La República;

His Excellency Mr. Gonzalo de Quesada and Arostegui, Ambassador Extraordinary and Plenipotentiary Minister of the Republic in Washington;

Mr. Manuel Sanguily, former director of the Institute of Secondary Education in Havana, senator of the Republic.

Her Majesty the King of Denmark:

His Excellency Mr. Constantin Brun, his chambelan, his extraordinary envoy, and Minister Plenipotentiary in Washington;

Mr. Christatin Frederik Scheller, Rear Admiral;

Mr. Axel Vede, his chambelan, head of section at the Royal Ministry of Foreign Affairs.

The President of the Dominican Republic:

Mr. Francisco Enriquez and Carvajal, former secretary of state in the foreign affairs ministry of the Republic, a member of the permanent tribunal of arbitration;

Apolinar Tejera, rector of the professional institute of the Republic, member of the permanent tribunal of arbitration.

The President of the Republic of Ecuador:

His Excellency Mr. Victor Rendon, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Paris and Madrid;

Mr. Enrique Dorn and Alsua, charge d' affaires.

Her Majesty the King of Spain;

His Excellency Mr. W.R. DeVilla-Urrutia, Senator, former Minister of Foreign Affairs, Ambassador Extraordinary and Plenipotentiary in London;

Your Excellency José de la Rica and Calvo, your extraordinary envoy and Minister Plenipotentiary in The Hague;

Mr Gabriel Maura Y. Gamazo, Earl de Mortera, Member of the Cortes.

The President of the French Republic:

His Excellency Mr. Leon Bourgeois, extraordinary ambassador of the Republic, former president of the council of ministers, former minister of foreign affairs, member of the permanent tribunal of arbitration;

Lord Baron D' Estournelles of Constant, Senator, Minister Plenipotentiary of First Class, member of the permanent tribunal of arbitration;

Mr Louis Renault, professor at the law school at the University of Paris, Honorary Plenipotentiary Minister, case-law of the Foreign Affairs Ministry, Member of the French Institute, Member of the Permanent Court of arbitration;

His Excellency Mr. Marcellin Pellet, an extraordinary envoy and Plenipotentiary Minister of the French Republic in The Hague.

Her Majesty the King of the United Kingdom of Great Britain and of Ireland and the British Overseas Territories, Emperor of the Indies.

His Excellency the Very Honorable Sir Edward Fry, G.C.B. member of the private council, his extraordinary ambassador, member of the permanent tribunal of arbitration;

His Excellency the Very Honorable Sir Ernest Mason Satow, G.C.M.G., a member of the private council, a member of the permanent tribunal of arbitration;

His Excellency the Very Honorable Donald James Mackay, Baron Reay, G.C.S.L., G.C.I.E., member of the private council, former president of the Institute of International Law;

His Excellency Sir Henry Howard, K.C.M.G., CB, his extraordinary envoy and Plenipotentiary Minister in The Hague.

Her Majesty the King of Greece:

His Excellency Mr. Cleon Rizo Rakgabe, his extraordinary envoy and Plenipotentiary Minister in Berlin;

Mr. Georges Streit, professor of international law at the University of Athens, a member of the permanent tribunal of arbitration.

The President of the Republic of Guatemala:

Mr. José Tible Machado, Chargé d' Affaires de la República en La Haya y en Londres, member of the permanent tribunal of arbitration;

Mr. Enrique Gómez Carrillo, Chargé d' Affaires de la República en Berlin;

The President of the Republic of Haiti:

His Excellency Mr. Jean Joseph Delbemar, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Paris;

His Excellency Mr. J.N. Leger, extraordinary envoy and Plenipotentiary Minister of the Republic in Washington;

Mr. Pierre Rudcourt, former professor of public international law, lawyer in Port-au-Prince.

Her Majesty the King of Italy:

His Excellency the Count Joseph Tornielli Brusati Di Bergao, Senator of the Kingdom, Ambassador of his Majesty the King in Paris, member of the permanent tribunal of arbitration, president of the Italian delegation;

His Excellency Mr. Comendador Guido Pompili, Member of Parliament, Deputy Secretary of State, and Royal Member of Foreign Affairs;

Mr Comendador Guido Pusinato, State Councilor, Member of Parliament, former Minister of Education.

Her Majesty the Emperor of Japan:

His Excellency Mr. Keiboku Tsudeuki, His Extraordinary Ambassador and Plenipotentiary;

His Excellency Mr. Aimaro Sato, his extraordinary envoy and Plenipotentiary Minister in The Hague.

His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau:

Your Excellency Mr. Eyschen, your Minister of State, President of the Grand Ducal Government;

Mr Count De Villers, in charge of the Grand Duchy's affairs in Berlin.

The President of the United States Mexico:

His Excellency Mr. Gonzalo A. Esteva, extraordinary envoy and Plenipotentiary Minister of the Republic in Rome;

His Excellency Mr. Sebastian B. De Mier, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Paris;

His Excellency Mr. Francisco L. De La Barba, Ambassador Extraordinary and Plenipotentiary Minister of the Republic in Brussels and The Hague.

His Royal Highness the Prince of Montenegro:

His Excellency Lord Nelidov, current Imperial private adviser, ambassador of his Majesty the Emperor of All Russia in Paris;

His Excellency Mr. Martens, Imperial Private Counselor, Permanent Member of the Council of the Imperial Foreign Affairs Ministry of Russia;

His Excellency Mr. Tabarikow, current Imperial State Councilor, Extraordinary Envoy and Plenipotentiary Minister of His Majesty the Emperor of All Russias in The Hague.

Her Majesty the King of Norway:

His Excellency Mr. Francis Hagerup, former council president, former law professor, his extraordinary envoy and Plenipotentiary Minister in The Hague and in Copenhagen, a member of the permanent tribunal of arbitration.

The President of the Republic of Panama:

Mr Belisario Porras.

The President of the Republic of Paraguay:

His Excellency Mr. Eusebio Machain, Extraordinary Envoy and Plenipotentiary Minister of the Republic in Paris;

The Lord Count G. Du Moncleau De Bergendal, Consul of the Republic in Brussels.

Her Majesty the Queen of the Netherlands:

Mr. W.H. De Beauport, your former Minister of Foreign Affairs Member of the second House of General-State;

His Excellency M.T.C. Asser, his state minister, member of the state council, member of the permanent tribunal of arbitration;

His Excellency the Gentilman J.C.C. Den Beer Poortugael, retired Lieutenant General, former war minister, member of the state council;

His Excellency the Gentilman J.A. Roell, his field help in extraordinary service, retired vice admiral, ex-minister of the navy;

M.J.A. Loeff, his former justice minister, member of the second chamber of the general states.

The President of the Republic of Peru:

His Excellency Mr. Carlos G. Candamo, extraordinary envoy and Plenipotentiary Minister of the Republic in Paris and in London member of the permanent tribunal of arbitration.

Her Imperial Majesty the Schah of Persia:

His Excellency Samad Khan Montazos Saltaneh, his extraordinary envoy and Minister Plenipotentiary in Paris, a member of the permanent tribunal of arbitration;

His Excellency Mirza Armed Kham Sadigh Ul Mulk, His Extraordinary Envoy and Plenipotentiary Minister in The Hague.

Her Majesty the King of Portugal and of the Tribes, etc.:

His Excellency the Lord Marques of Soveral his state councilor, Par of the Kingdom, ex_minister of foreign affairs, his extraordinary envoy and Plenipotentiary Minister in London, his extraordinary ambassador and plenipotentiary;

His Excellency the Lord Count of Selir, his extraordinary envoy and Plenipotentiary Minister in The Hague;

His Excellency Mr. Alberto D' oliveira, his extraordinary envoy and Minister Plenipotentiary in Bern.

Her Majesty the King of Romania:

His Excellency Mr. Alexandre Beldiman, his extraordinary envoy and Minister Plenipotentiary in Berlin;

His Excellency Mr Edgar Mavrocordato, his extraordinary envoy and Minister Plenipotentiary in The Hague.

Her Majesty the Emperor of all Russias:

Your Excellency Mr. Nelidow, your current private counselor, your ambassador in Paris;

His Excellency Mr. Martens, his private counsel, permanent member of the council of the Imperial foreign affairs ministry, member of the permanent tribunal of arbitration;

His Excellency Mr. Tebarikow, his current state councilor, his chambelan, his extraordinary envoy and Plenipotentiary Minister in The Hague.

The President of the Republic of El Salvador:

Mr. Pedro L. Matheu, Chargé d' Affaires de la República en Paris, member of the permanent tribunal of arbitration;

Mr. Santiago Pérez Triana, Chargé d' Affaires de la República en Londres.

Her Majesty the King of Serbia:

His Excellency Mr. Sava greUitch, general, president of the state council;

His Excellency Mr. Milovan Milovanovitch, his extraordinary envoy and Plenipotentiary Minister in Rome, a member of the permanent tribunal of arbitration;

His Excellency Mr. Michel Militrevitch, his extraordinary envoy and Minister Plenipotentiary in London and The Hague.

Her Majesty the King of Siam:

Mon Chatidej Udom, general greater;

Mr. C. Corragioni D' orelli, your legation counselor;

Luang Bruvanabarth Narcbal, captain.

Her Majesty the King of Sweden Des Goth et des Vendes:

His Excellency Mr. Knut Hjalmar Leonard Hammarskjold, his former minister of justice, his extraordinary envoy and Minister Plenipotentiary in Copenhagen, a member of the permanent tribunal of arbitration;

Mr. Johannes Hellner, his former minister without portfolio, former member of the Supreme Court of Sweden, a member of the permanent tribunal of arbitration.

Swiss Federal Council:

His Excellency Mr. Gaston Carlin, extraordinary envoy and Plenipotentiary Minister of the Swiss Confederation in London and The Hague;

Mr. Eugene Borel, Colonel of general staff, professor at the University of Geneva;

Mr. Max Huber, professor of law at the University of Zurich.

Her Majesty the Emperor of Turkey:

His Excellency Turcahm Pacha, his extraordinary ambassador, minister of evkaf;

His Excellency Rechid Bey, his ambassador to Rome;

His Excellency Mehemmed Pacha, Vice Admiral.

The President of the Eastern Republic of Uruguay:

His Excellency Mr. José Batlle and Ordoñez, former president of the Republic, member of the permanent tribunal of arbitration;

His Excellency Mr. Juan P. Castro, former president of the Senate, extraordinary envoy and Plenipotentiary Minister of the Republic in Paris, member of the permanent tribunal of arbitration.

The President of the United States of Venezuela:

Mr. José Gil Fortuul,

Charge d' Affaires de la República en Berlin.

Which, having presented their full powers, finding themselves in good and due form, have agreed on the following:

TITLE I.

MAINTAINING GENERAL PEACE

ARTICLE 1o. In order to prevent the use of force in relations between States, the Contracting Nations, they agree to use all their efforts to ensure the peaceful settlement of international conflicts.

CHAPTER II.

OF THE GOOD TRADES OF MEDIATION

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ARTICLE 2o. In case of serious dissent or conflict, before appealing to arms, the Contracting States agree to use, in so far as circumstances permit, the good offices or the mediation by one or several partner nations.

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ARTICLE 3o. Regardless of this resource, the contracting states deem it useful and desirable for one or more foreign states to the conflict to offer on their own initiative, when circumstances are to this, their good offices or their mediation to the States in conflict.

The right to offer good offices or mediation belongs to states that are not in conflict, even during the course of hostilities.

The exercise of this right may never be considered by one or the other of the parties to be a dispute as an unfriendly act.

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ARTICLE 4. The role of the mediator is to reconcile the opposing claims and to appease the resentments that may occur between the nations in conflict.

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ARTICLE 5o. The functions of the mediator cease from the moment it is established, either by one of the parties in dispute, or by the same mediator, that the means of conciliation proposed by him are not accepted.

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ARTICLE 6o. The good offices and mediation, whether on the use of the parties in conflict, on the initiative of the non-conflict states, have exclusively the character of the council and never have mandatory force.

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ARTICLE 7o. The acceptance of the mediation cannot take effect, unless otherwise agreed, to interrupt, delay or hinder the mobilization and other preparatory measures for the war.

If she intervenes or occurs after the beginning of the hostilities, she does not interrupt, unless otherwise agreed, the ongoing military operations.

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ARTICLE 8o. The contracting states agree to recommend the application, in the circumstances permitting, of a special mediation under the following form.

In case of a serious controversy that compromises the peace of the states in conflict, they elect respectively a nation to which they entrust the mission of coming into direct contact with the chosen state of the other party, in order to prevent the rupture of peaceful relations.

For the duration of this term of office, the term of which, except as otherwise provided, cannot pass from thirty days, the states in dispute cease all direct relations, to the subject of the conflict, which is considered to be conferred exclusively on the Mediating nations. They must apply all their efforts to settle the dispute.

the event of an effective rupture of peaceful relations, these nations will continue to be in charge of the common mission to seize every opportunity to restore peace.

TITLE III.

OF INTERNATIONAL REPORTING COMMISSIONS

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ARTICLE 9o. In international disputes that do not compromise the honor or essential interests and come from a difference of appreciation on points of fact, the contracting nations deem useful and it is desirable for the parties which have not been able to agree on the diplomatic channels to institute, as soon as circumstances permit, an international survey or reporting commission, which is responsible for facilitating the settlement of such disputes, clarifying, by an impartial and thorough examination, the questions of fact.

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ARTICLE 10. The international survey or reporting commissions are constituted by a special agreement between the parties to the dispute.

The survey convention specifies the facts to be examined; it determines the way and time of the Commission's training and the extent of the powers of the Commissioners.

She also determines, if there is a place to do so, the seat of the Commission and the ability to move, the language of which the Commission will be served and those whose employment will be authorized to it, as well as the date on which each party will have to to present or present their statement of facts and generally all the conditions agreed upon by the parties.

If the parties deem it necessary to appoint advisors, the survey convention determines the manner of their designation and the extent of their powers.

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ARTICLE 11. If the survey convention has not designated the seat of the Commission, then the Commission will be based in The Hague.

Once the seat has been established, it cannot be changed by the Commission but with the consent of the parties.

If the survey convention has not determined the languages to be used, this is decided by the Commission.

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ARTICLE 12. Except otherwise, the survey commissions are formed in the manner determined by Articles 45 and 57 of this Convention.

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ARTICLE 13. In the event of death, resignation or impairment, for any cause whatsoever, of one of the Commissioners, or eventually of one of the advisers, it must be provided to his/her replacement in accordance with the fixed for his appointment.

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ARTICLE 14. The parties have the right to appoint special agents to the Commission with the task of representing them and serving as intermediaries between them and the Commission.

In addition, they are authorized to commission counsel or lawyers, appointed by them, to expose and support their interests before the Commission.

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ARTICLE 15. The International Bureau of the Permanent Court of Arbitration serves as the Secretariat to the Commissions that are based in The Hague and will make its premises and organization available to the nations. (a) Contracting Parties to the operation of the Survey Committee.

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ARTICLE 16. If the Commission resides elsewhere in the Hague, it appoints a Secretary-General whose office serves as the Secretariat.

The Secretariat is in charge, under the authority of the President, of the material organization of the meetings of the Commission, of the drafting of the minutes and, during the time of the survey of the guard of the files that will be followed deposited with the International Bureau of The Hague.

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ARTICLE 17. In order to facilitate the institution and the functioning of the Survey Commissions, the Contracting States recommend the following rules to be applicable to the survey procedure. as long as the parties do not adopt other rules.

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ARTICLE 18. The Commission shall regulate the details of the procedure not provided for in the special survey convention or in this Convention and shall carry out all the formalities carried out by the Commission. administration of the evidence.

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ARTICLE 19. The survey takes place judicially.

On the dates provided, each party communicates to the Commission and to the other party the statements of facts, if there is a place to it and, in all cases, the minutes, pieces and documents it deems useful for the discovery of the truth, as well as the list of witnesses and experts she wishes to make heard.

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ARTICLE 20. The Commission has the power, with the consent of the parties, to transport momentarily to the places where it deems it useful to have recourse to such means of information, or to delegate to it one or several of its members. The authorization of the state on the territory of which this information must be carried out must be obtained.

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ARTICLE 21. All material findings and all visits of the places must be made in the presence of the agents and councils of the parties or they must be duly called.

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ARTICLE 22. The Commission has the right to request from one or the other the explanations and information that it deems useful.

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ARTICLE 23. The parties undertake to provide the survey commission, as far as they deem possible, with all means and facilities necessary for full knowledge and the exact assessment of the facts in question.

They undertake to use the means available to them in accordance with their internal legislation to ensure the comparison of witnesses or experts within their territory and referred to the Commission.

If they are not able to appear before the Commission, they will have to listen to them before their competent authorities.

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ARTICLE 24. For all the notifications that the Commission has to make on the territory of a third contracting state, the Commission will directly address the government of this state. It will proceed in the same way if it is to ensure that all the means of proof are put in place.

The surveys to this effect will be conducted according to the means that the required nation has in accordance with its internal legislation. They cannot be refused, but only in the event that this nation judges them to be against their sovereignty or against their security.

The Commission will also always have the power to resort to the nation's intermediation over the territory of which it is based.

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ARTICLE 25. Witnesses and experts are called upon request by the parties or on their own initiative by the Commission and, in all cases, through the State Government's mediation in the territory of which they are located.

The witnesses are heard successively and separately, in the presence of the agents and the councils and in an order to be set by the Commission.

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ARTICLE 26. The questioning of the witnesses is directed by the President. However, the members of the Commission may ask each witness the questions which they believe to be appropriate to clarify or complete their statement or to inform themselves about anything concerning the witness within the limits necessary for the manifestation of the truth.

The parties ' agents and councils may not interrupt the witness in their statement, nor do they direct any direct interpellation, but they may ask the President to ask the witness the complementary questions they deem useful.

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ARTICLE 27. The witness must declare without being allowed to read any written project. However, he may be authorized by the President to assist with notes or documents if the nature of the facts reported requires his/her employment.

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ARTICLE 28. Act of the witness statement is written without lifting the session and reading it is given to the witness. This one can make to her the changes and additions that look good to her and that will be consigned following her statement.

Once the reading of the whole of his statement is made to the witness, the witness is asked to sign.

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ARTICLE 29. Agents are authorized, during the course and at the end of the survey, to submit in writing to the Commission and to the other party the opinions, requisitions or summaries of fact that they deem useful to the discovery of the truth.

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ARTICLE 30. The Commission's deliberations take place behind closed doors and remain secret.

All decisions are taken by the majority of the members of the Commission.

A member's refusal to take part in the vote must be recorded in the Minutes.

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ARTICLE 31. The sessions of the Commission are not public and the Proceedings and documents of the survey are not published, but under a decision of the Commission, taken with the consent of the parties.

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ARTICLE 32. Once the parties have submitted all the clarifications and evidence and the witnesses have been heard, the President pronounces the closing of the survey and the Commission is ready to deliberate. and draw up your report.

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ARTICLE 33. The report is signed by all the members of the Commission.

If one of the members refuses to sign, this is mentioned; however, the report continues to be valid.

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ARTICLE 34. The Commission report is read in public session, with the agents and councils of the parties present, or having been duly called.

A copy of the report is sent to each of the parties.

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ARTICLE 35. The Commission's report, limited to the finding of the facts, in no way has the character of an arbitral judgment. He leaves the parties a complete freedom for the continuation to be given to this finding.

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ARTICLE 36. Each part carries or is responsible for its own costs and an equal share of the costs of the Commission.

TITLE IV.

OF INTERNATIONAL ARBITRATION

CHAPTER I.

ARBITRATION JUSTICE

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ARTICLE 37. The purpose of international arbitration is the settlement of disputes between states by judges of their choice and on the basis of respect for law.

The recourse to arbitration implies the commitment to submit in good faith to the judgment.

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ARTICLE 38. In matters of legal order, and first of all, in matters of interpretation or application of international conventions, arbitration is known to the contracting nations. as the most effective and at the same time the most equitable means of settling disputes that have not been resolved by diplomatic channels.

Consequently, it would be desirable for the contracting nations to have recourse to arbitration in disputes on the above issues, as long as the circumstances allowed them to do so.

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ARTICLE 39. The arbitration convention is performed for either already-born or for any eventual contstations.

She may agree to any litigation or only to disputes in a given category.

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ARTICLE 40. Regardless of the general or particular Treaties currently stipulating the obligation of recourse to arbitration for contracting nations, these nations reserve the conclusion of new general or private agreements in order to extend compulsory arbitration to all cases which they deem possible to be submitted to them.

CHAPTER II.

OF THE PERMANENT COURT OF ARBITRATION

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ARTICLE 41. In order to facilitate the immediate recourse to arbitration for international disputes that have not been able to be settled by diplomatic means, the contracting states undertake to maintain, as established by the First Peace Conference, to the Permanent Court of Arbitration, accessible at all times, unless otherwise stipulated, in accordance with the rules and procedures incorporated in this Convention.

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ARTICLE 42. The Permanent Court is competent for all cases of arbitration, unless there is no understanding between the parties for the establishment of a special jurisdiction.

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ARTICLE 43. The Permanent Court is based in The Hague.

An international office serves as a clerk to the Tribunal; she is the intermediary of communications concerning meetings of the Tribunal; she has the guard of files and the management of all administrative matters.

The Contracting States undertake to communicate to the Office, as soon as possible, a certified copy of any arbitration provision between them and any arbitral judgment which concerns them and is dictated by jurisdiction. special.

They commit themselves to communicate to the Office the laws, regulations and documents that will eventually be found in the execution of the judgments handed down by the Tribunal.

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