124/1922 Sb.
The Statute of the
the Permanent Court of international justice
The Statute of the Permanent Court of international justice, which has in mind
Article 14 of the Convention of the League of Nations
Article 1
Neodvisle from the Arbitration Court, created by the Haagskými conventions of years
1899 and 1907, and from the special courts of arbitration, to which States may continue to
After his will, svěřovati decision making their disputes, is hereby established according to
Article 14 of the Convention of the League of Nations by the Permanent Court of international
Justice.
Chapter I.
Organization of the Court of Justice.
Article 2
The Permanent Court of international justice is a chorus of judges, neodvislých
elected, regardless of their nationality, of the persons enjoying
highest moral, that meet the conditions required to
occupying the highest judicial offices in their respective countries, or that
they are generally accepted by the experts of international law.
Article 3
The Court of Justice is composed of 15 members, the 11 judges of the ordinary and
the four judges to spare. The number of ordinary judges and the judges of the spare can
be multiplied by the Assembly, as appropriate, in accordance with the proposal of the Council of the company
Nations, up to fifteen judges of the ordinary and six judges to spare.
Article 4
The Assembly elects the members of the Court of Justice and the Council from a list of persons
national groups of the Arbitration Court, in accordance with the provisions
follow.
With regard to members of society who are not represented in the Standing
the Arbitration Court is the lists of candidates by national groups, navrhnouti
that their Government will appoint for that purpose, under the same conditions as
have been established for the members of the Arbitration Court of the Hague Convention, article 44 of the
in 1907 about a settlement of the settlement of international disputes.
Article 5
At least three months before the date of the election shall invite the Secretary General
The League of Nations, in writing, to the Court of arbitration belonging to the States members
referred to in the annex to the Convention or at a later time to the company vstoupivším
Nations, as well as persons designated in a 2. paragraph of article 4 to within a specified
the time limit after national groups have joined to propose persons eligible
zastávati the Office of Member of the Court of Justice.
One group cannot at all navrhnouti more than four people, and one of them
a maximum of two of their own nationality. Nižádným way must not
be designed more than twice as many candidates as there are places that
have to be filled.
Article 6
Before proceeding to the nomination of candidates, it is recommended that
each national group shall cope with the Supreme Court, legal
faculties, the national academies and the national sections of the international
academies, which are concerned with the study of law.
Article 7
Secretary General of the League of Nations assembles in alphabetical order
list of all the people thus designated: the only thing these people are volitelny,
except in case of article 12, paragraph 2.
The Secretary General shall notify this list to the Assembly and the Council.
Article 8
The Assembly and the Council going ahead, neodvisle from each other, first to
the election of the judges of the ordinary, then judges spare.
Article 9
At each election, voters will have in mind that the persons called to the
The Court not only individually meet the required conditions,
but on the whole, guarantee the representation of the main forms of civilization and
most of the legal systems of the world.
Article 10
Elected are those who have achieved an absolute majority of votes in the Assembly and
To the Council.
In the event that after voting twice for the Assembly and the Council fell option
on more than one national of the same Member Company
Nations, is zvolen age the oldest.
Article 11
If, after the first meeting devoted to the choice of leaving even places which have
to be filled, an identical manner to the second meeting, and if it
to be, to the third meeting.
Article 12
If, after the third meeting devoted to the election would remain still places
have to be filled, can be at any time at the request of either the Assembly or the
The Council formed of six members, three of whom shall be appointed by the Assembly and three
The Council, the Commission, in charge of the intermediary to find for each unoccupied
place one name that suggests to separate the adoption by the Assembly and
in the Council.
To this list can be limited by unanimous resolution of all
persons who meet the required conditions, even if not specified in the
list of persons referred to in article 4 and 5.
If the Commission finds that an intermediary can not dosáhnouti to
guarantee option is populated by members of the Court, who were already
appointed, within a period to be determined by the Council, vacancies, vybírajíce between the
persons who received votes either in the Assembly or in the Council.
If the judges appeared between the equal number of votes, a casting vote
judge the age of the oldest.
Article 13
The members of the Court of justice are elected for nine years.
Are optional again.
The members of the Court of Justice will remain in Office until they are replaced here. Men
then they still replaced towards the end of the questions, which were already on them
raised.
Article 14
Uprázdněná places occupy the same procedure as the on the first ballot.
Member of the Court elected to as a member, its mandate has not yet
not expired, completes the period of the mandate of his predecessor.
Article 15
The substitute judges are povoláváni according to show the list of judges.
The list drawn up by the court taking into account in particular the priority
the choice and then on the amount of the age.
Article 16
The members of the Court of Justice shall not zastávati any political office or
administrative. This provision does not apply to the replacement of the judge, if the
do not exercise their Office at the Court of Justice.
In case of doubt shall be decided by the Court of Justice.
Article 17
The members of the Court of Justice shall not zastávati function of an agent, adviser or
Counsel in question had no chance of an international nature. This provision
It does not apply to the replacement of the judge, but because of those issues, in which
are those vykonávati its function in the Court.
The members of the Court of justice cannot share my judicial finding in any of the
the question, in which previously were činni as managing directors, advisors or legal
representatives of one of the parties, such as members of a national court or
some of the International Commission of inquiry, or any other
way.
In case of doubt shall be decided by the Court of Justice.
Article 18
The members of the Court of justice cannot be relieved of his Office, but if
by a unanimous judgment of the other members left off: conform to the
the required conditions.
Secretary General of the League of Nations be it been advised about it
communicates with.
From this communication instead of paying for the vacated.
Article 19
The members of the Court of Justice in the exercise of their Office shall enjoy diplomatic
privileges and immunities.
Article 20
Each Member of the Court of justice must, before it enters the Office, in the public
sitting solemnly commit myself absolutely, that will vykonávati their competence with
complete impartiality and with all due care.
Article 21
The Court shall elect its President for three years, and its Vice-Chairman,
who are optional again.
The Court shall appoint a Rapporteur.
The Office of the clerk of the Court of Justice is not incompatible with the Office of the General
Secretary of the Arbitration Court.
Article 22
The seat of the Court is the Hague.
The President and the writer resides at the seat of the Court.
Article 23
The Court shall sit every year.
If it wasn't for the opposite action of the order of the Court, the period of this
Meeting 15. June and lasts until the settlement of the initiated cases.
The President of the Court of Justice shall convene a special meeting as soon as it
circumstances require.
Article 24
If any of the members of the Court of Justice considers that for some
special reason lacks is "How can rozsuzování in a particular legal
case, it shall inform the President.
If the President considers that one of the members of the Court of Justice does not have the
for some special reason, a specific question zasedati will notify him about it.
If in a similar case, the Court of Justice and the President are in
contrary, the Court shall decide.
Article 25
If it is not explicitly set, an exception to the Court of Justice shall exercise their
the power in the plenary session.
If eleven ordinary judges is not present, this number shall be
the entry of substitute judges.
If over eleven judges is not at hand, i.e. quorum of nine
sufficient to make ECJ.
Article 26
On issues relating to the work, and especially on issues that he has to
aware of part XIII (work) of the Versailles Treaty, and the concurring parts
other peace treaties, the Court of Justice has nalézati under the following conditions:
The Court shall establish for each period of three years, a Special Chamber of
five judges selected so that, if possible, meet the provisions of article
9. In addition, two judges will be appointed as alternates, if
one of the judges of something has gone. This will be nalézati at the request of the Senate
party. In the lack of such a request, the Court will be zasedati the number of
the judges under article 25. In all cases, zasedati will be along with the judges
four expert assessor, sitting at their side with the voice of the Advisory and
ensuring fair representation of interests for which it is.
If only one of the parties has one of its members as
the judge in the Chamber referred to in the previous paragraph, the President shall request one
of the other judges, to forward their place according to article 31 of the judges,
which chooses the other party.
Expert lay judges are chosen in each case according to the
the order, which has regard to article 30, lay judges from the list of "disputes
the work ", which shall be drawn up of the names, which after two designed by each Member of the
The League of Nations, and from the same number of proposed management board
The International Labour Office. The Council shall appoint half of the representative of the workers of the
half of the employers ' representative from the list according to article 412 of the Versailles
contract and articles of other concurring peace treaties.
On issues relating to the work, the International Bureau will have the option to
dodávati to the Court all necessary explanations and to this end will be
the Director of that Office copies of all dostávati in writing made by the administration.
Article 27
For questions of transport and transport links, and especially for questions that has
aware of part XII (ports, waterways, railways) Versailles
the contract and other parts of the peace treaties permit, the Court of Justice
nalézati under the following conditions:
The Court shall establish for each three-year period, a Special Chamber of
the five courts, selected so that, if possible, meet the provisions of article
9. In addition, two judges will be appointed as alternates, if
one of the judges of something has gone. This will be nalézati at the request of the Senate
party. In the absence of such a request, the Court will be zasedati the number of
the judges under article 25. At the request of the parties or if the Court has
Decides, along with judges, four expert assessor after zasedati
their side in an advisory capacity.
If only one of the parties has one of its members as
the judge in the Chamber referred to in the previous paragraph, is organized by the President of the one
of the other judges, to forward their place according to article 31 of the judges,
which chooses the other party.
Expert lay judges are chosen in each case according to the
the order, which has regard to article 30, lay judges from the list of "disputes
transport and transport links "of names, of which two
designed by each Member of the League of Nations.
Article 28
Special panels under articles 26 and 27 May, the parties consent,
zasedati elsewhere than in the Hague.
Article 29
In the interest of timely handling of questions the Court forms annually a Chamber to about
three judges, called rozhodovati, at the request of the parties by way of summary
control.
Article 30
The Court shall designate the specific regulations, the way in which it exercises its powers and
modifies namely summary proceedings.
Article 31
The judges, who are nationals of some of the parties to the dispute,
zasedati in the Court of law in question, which is on the Court.
If only one party has at the Court of Justice of the peace of their
nationality, the other party may indicate a replacement judge to
SAT, if the judge finds his nationality. If there is no such thing
You may find the judge's mainly from people that have been designed according to the
articles 4 and 5.
If the Court does not have any judge in its meeting, which would be
the nationality of the parties, each of these parties may indicate or
to find a judge in the same manner as in the previous paragraph.
When several parties formed the community in the dispute, they shall be deemed, in respect
on the application of the foregoing provisions, only one side. In the case of
doubtful the Court decides.
Judges marking or selected from 2. and (3). paragraph of this article shall have the
: conform to the provisions of articles 2, 16, 17, 20 and 24 of the present Statute.
Decide for full equality with their colleagues.
Article 32
The regular judges are getting a year salary, fixed by the Assembly of the
The League of Nations on the Council's proposal. This salary cannot be reduced after
period of time, after which the judge takes office.
The President receives a special salary provided for in the same way on the duration of the
his Office.
Vice President, the judges and substitute judges receive, vykonávajíce your
Office, salary, that is, should the same way.
The regular judges and an alternate, who do not live in the seat of the Court of Justice,
receive compensation for travel expenses arising out of the performance of their Office.
Salaries payable to judges or selected in accordance with article 31, are
adjusted in the same way.
Benefits clerk provides for the Council, on a proposal of the Court of Justice.
The Assembly of the League of Nations approved the Council's proposal on special order
laying down the conditions under which the Court will be allowed to staff
Pense.
Article 33
The costs of the Court shall be borne by the League of Nations in the manner decided
The Assembly on the proposal of the Council.
Chapter II.
The jurisdiction of the Court of Justice.
Article 34
Only States or members of the League of Nations as the party before the
The Court of Justice vystupovati.
Article 35
The Court's approach to the members of the League of Nations, as well as the States
referred to in the annex to the Convention.
The conditions under which the approach to other States, are subject to the
the specific provisions of the treaties, established by the Council, so that, in
any circumstances it may not vzejíti for parties no inequality
before the Court of Justice.
When a State which is not a member of the League of Nations is a party to the dispute,
the Court shall determine the share of the cost of the Court of Justice, which has to bear this
party.
Article 36
The jurisdiction of the Court of Justice applies to all the questions that the parties
him, as well as on each case in particular, predicted in the applicable
treaties and conventions.
The members of the League of Nations and States listed in the annex to the Convention will be
can either when signing, ratifying or acceding to the Protocol to which this Statute
is connected, or later make a Mormon out that recognize from now on
the jurisdiction of the Court as binding, ipso facto and without special Convention
against any other Member State or to wear the same commitment,
in all or in some types of disputes of a legal nature, which
the subject is:
and the interpretation of international treaties);
b) any question of international law;
(c)) the existence of any fact which, if established,
would any transgressions was based international commitment;
(d) the nature or extent of compensation) required for a breach of an international
the commitment.
Statement by concerned can be taken down without reservation or
the condition of reciprocity, the parties of several or certain members or
States, or to a specific time limit.
In the event of a dispute about whether the Court is the competent Court decides
Court of Auditors.
Article 37
When some of the valid agreement or Convention refers to the judiciary in advance,
to zříditi the League of Nations, it is the jurisdiction of this
Of the Court of Justice.
Article 38
The Court of Justice for a handout: béře
1. international conventions either General, either special, in which they are vytčena
the rules expressly recognised States jsoucími in the dispute;
2. international practice as a general practice for the right understood;
3: General legal principles recognized by civilisovanými peoples;
4. subject to the provisions of article 59, judicial rulings and the doctrine of the most
skilled writers, as an aid to the determination of rules of law.
This provision does not intervene in any way in the jurisdiction of the Court of Justice nalézati
for the consent of the parties ex aequo et bono.
Chapter III.
Control.
Article 39
The official languages of the Court are French and English language.
If the parties agree, that the entire proceeding was French, will
find in this language. If the parties agree, in order to control the entire
dála is English, you will find in this language.
In the lack of agreement on the language, which is like, the parties may use
in the trial of the two languages, which they prefer and find
the Court handed down will be French and English. In this case, the Court of Justice
at the same time determines which of the two texts will have proven credibility.
The Court may, on the request of the parties, in order to přivoliti received another
a language other than French or English.
Article 40
Questions hover to the Court according to the circumstances, either by notification to
contractual agreement on the Court, either by filing baseless, that both will be sent
the Office; in both cases, is the subject of the dispute and the parties indicate in
the dispute.
The Office shall communicate the submission of all concerned.
Report thereon also to the members of the League of Nations through the
General Secretary.
Article 41
The Court has the right to judge, should the circumstances so require, what
measures to ensure the right of each to be taken provisionally.
Subject to the final decision to the parties and shall submit to the Council a
written report on such measures.
Article 42
The parties are represented by directors.
The parties may přibrati's help before the Court or
legal representative.
Article 43
Control has two seasons: one written, the other oral.
Management of written matter in that the judges and parties delivers process
writings, protispisy and possibly a replica, as well as any accompanying documents,
and writings.
The delivery is done through agencies in the programme and within the time limits
designated by the Court.
Each of the written submission made by one of the parties must be served on the other
in an authenticated copy of the side.
Oral proceedings depending on the hearing of witnesses, experts, managers, consultants and
legal representatives before the Court.
Article 44
With each notification, that has to be made to persons other than the Manager,
advisors and legal representatives, the Court directly to the Government
the State on whose territory the notice has to be served.
The same applies in the case of it, to accede to the conduct of any
the accompanying resource on the spot.
Article 45
The discussions, guided by the Chairman and the Deputy Chairman is absent; in the case of
the absence of both the rank of the oldest of the judges present.
Article 46
The trial court shall be public, unless the Court ruled otherwise, or both
Parties requested that the public was not allowed.
Article 47
On each trial court leads to the Protocol, which shall be signed by the writer
and the President.
This Protocol is the only authentic.
Article 48
The Court has issued the regulation, how to process lead and lays down the form and time limits,
in which each side has přednésti its final proposals.
The Court is taking all measures to implement the evidence.
Article 49
The Court may, even before the hearing, to insist on the jednatelích,
to submit any paper document and submit any explanation.
In case of refusal of the Court of Justice shall make a notation.
Article 50
The Court may, at any time, or submitting a good investigating pověřiti
the appearance of any person, Corporation, Office, Commission or authority referred to in
their choice.
Article 51
During the trial, put all questions necessary to recognized by witnesses and
the experts, under conditions to be fixed by the court order, which has in mind
Article 30.
Article 52
The Court may, when he was given the evidence and the testimony within the time limits, which was
has odmítnouti all new testimony or documentary evidence, that
He wanted to předložiti a party, without the consent of the other.
Article 53
Does not appear if one of the parties or to bring them to the validity of its
legal means, the other party may insist that the Court has found
According to its final proposals.
The Court must, before about how assure finds not only that is
competent pursuant to articles 36 and 37, but that final proposals are
justified in fact and in law.
Article 54
When the agents, legal representatives and advisers to the validity of a
control of the Court of justice all legal remedies that they consider
useful, the President shall declare version closed.
Odebéře to the Court Hall; Advisory
The deliberations of the Court shall be and shall remain secret.
Article 55
The decision of the Court of Justice is done by a majority of the judges present.
In case of equality of votes předsedův or who
He represents.
Article 56
Find must be justified.
Find lists of the names of the judges, who were entitled to it.
Article 57
If the award does not represent in whole or in part is unanimously of opinion
judges are those who disagreed, the right přičiniti to him the interpretation of their
a personal opinion.
Article 58
Finding signed by the President and writer. The award is announced in the public,
seating, when executives were duly notified in advance.
Article 59
The Court's decision is binding only on the parties to the dispute, and only
for the case, which it was determined.
Article 60 of the
The finding is final and without appeal. In the case of objections about the meaning or scope of
the award belongs to the Court of Justice, at the request of either party
laid out.
Article 61
The application for the award, to be after revisi case submitted to the Court only
on the basis of the discovery of the facts that had a decisive influence and which
not, than the finding was made, unknown to the Court, or the side of
revisi requesting, without přičítati in that direction can be at fault.
Revisní procedure is commenced with the finding Of the Court, which explicitly
figuring out the existence of a new fact, přiznávaje her nature, which gives
the initiative to revise, and declares the start for this reason, a request to revise
admissible.
The Court may do begin revisního control odvislým from
the previous implementation of the award.
Request is not administer revisi not later than within six months after the
the discovery of a new fact.
Request for revisi cannot be at all is submitted after the expiry of the period of ten years
from the date of the award.
Article 62
When a State considers that when there is some dispute as to some of its interest in
of a legal nature, you may turn to the Court to
third party intervention is accepted.
The Court shall decide.
Article 63
When it comes to interpretation of the Convention, which took the share of other States parties in
the dispute, advise the firm is immediately.
Each of them has the right to intervention in the process, and if that permission
It is the interpretation contained in the judgment as binding for him.
Article 64
If the Court decides otherwise, each Party shall bear their procedural
costs.
Signatární Protocol.
The members of the League of Nations, who are duly signed
duly authorised, declare that they recognize the attached Statute of the Permanent Court of
International Justice, the League of Nations approved unanimously
by resolution of the Assembly of the League of Nations in Geneva on 13. December
1920. Consequently, declare that they accept the jurisdiction of the Court of Justice
in the text of and under the conditions above referred to the Statute.
This Protocol, drawn up in agreement with the decision of the Assembly of the Society
the peoples of 13 March 2002. December 1920, is subject to ratification. Each power
delivers its ratification of the General Secretariat of the League of Nations,
that it shall notify all other signatárním powers. Ratification will be
stored in the archives of the Secretariat of the League of Nations.
This Protocol shall be open for signature by the States listed in the annex to
The Convention of the League of Nations.
The Statute of the Court of Justice shall enter into force under the conditions laid down in the
above the said resolution.
Drawn up in Geneva in one copy, whose lyrics, French and
the English are authentic. on December 16, 1920.
For Japan. For Portugal. For Greece.
Hayashi. Affonso Costa. Politis.
For Paraguay. For Uruguay. For New Zealand
H. Velazquez. J. C. Blanco, J. Allen.
B. Fernandez y Medina.
For Siam. For Norway. For Sweden.
Charoon. F. Hagerup. M Branting.
For Switzerland. For Denmark. For El Salvador.
Motta. Herluf Zahle. Gustavo Guerrero.
Arturo R Avila.
For The Netherlands. For India. For South Africa.
R. Loudon. With Meyer. Signed with
subject to the approval
the Government of South Africa
Union.
R. Blankenberg.
For Italy. After China. For France.
Carlo Schanzer. V. Wellington Koo. Léon Bourgeois.
J. Tang.
For Great Britain. For Poland. In Brasilia.
And James Balfour. I. J. Paderewski. Rodrigo Octavio.
Castao da Cunha.
Raul Fernandez.
For Panama. For Costa Rica. For Cuba.
Harmodio Arias. Manuel m. de Peralta. Aristides de Aguero.
Rafael Martinez Ortis
Ezequiel Carcia.
For Venezuela. For Columbia.
Manuel Diaz Rodriguez. Francisco José Urrutia.
Santiago Key-Ayala. A. J. Restrepo.
Diogenes Escalante.
Resolution on the establishment of a
The Permanent Court of international justice, adopted by the Assembly
The League of Nations in Geneva, 13 June 2005. December 1920.
1. the Assembly unanimously declares that approves with changes to
It has helped break, the draft statute of the Permanent Court of international justice,
the Council in accordance with the wording of article 14 of the Convention was prepared and submitted to him
approval.
2. The Statute of the Court of Justice will be given to the specific provisions of
the said article 14 submitted within the shortest members of the society
Nations that it received in the form of log on properly and
confirming that recognize this Statute. The Council is hereby authorised to obtain
This delivery.
3. this Protocol shall be ratified as soon as the majority of the members of the company,
The Statute of the Court of Justice shall enter into force and the Court will be called upon
that sat under the provisions of the said Statute in all disputes between
members or States which ratify the transpose, as well as for other States,
which the Court is based on the general wording of article 35, paragraph 2.,
the said Statute.
4. Above the Protocol will also be open for signature by States
listed in the annex to the Convention.
This Statute shall be designated, with the signatární Protocol on behalf of
The Czechoslovak Republic signed at Geneva on 19. May 1921
the extraordinary Envoy and Plenipotentiary Minister Dr. Cyril Dušek and ratified
Prague, may 29. August 1921, president of the Republic.
The Statute entered into force on 8 June 1998. October 1921.
Signatárního's log signatures are according to the status of 28 June.
January 1921.
Dr. Edvard Beneš in r.
