167/1932 Sb.



CONVENTION



on the management of judicial, arbitration and conciliation between Czechoslovakia and Turkey



(Translation)



CONVENTION



on the management of judicial, arbitration and conciliation between Czechoslovakia and Turkey



The President of the Czechoslovak Republic and the President of the Republic of Turkey

sincerely desiring utužiti's friendly ties, which both States and víží

přispěti to the development of peaceful means in dealing with international

disputes,



they decided to uzavříti Convention on the control of judicial, arbitration and conciliation and

tagged to his agents:



The President of the Czechoslovak Republic



His Excellenci Mr. Miloš Cobra, extraordinary Envoy and

the authorized Minister of the Czechoslovak Republic in Turkey, and



The President of the Republic of Turkey



His Excellenci Dra Tewfik Rüstü-and-Bey, Minister of Foreign Affairs

the Republic of Turkey, Izmir,



who sdělivše their full powers, which were found to be in good and proper

the form, have agreed on the following provisions:



Article 1



The Contracting Parties undertake, in accordance with the rules specified in this

Convention předkládati any disagreements, either of any nature that would

arose between Czechoslovakia and Turkey and which would not be in the

reasonable time by the usual means, vyrovnati to

bear either the standing Arbitration Court of international justice, either

the Court especially marked, or that tries to vyříditi is amicably, how

about establishes further.



The provisions of this Convention shall not apply to the disagreements arising from the fact

that preceded this Convention and belongs to the past.



Disagreements, for which the other applicable agreements between

parties prescribed a specific procedure, the projednávati referred to in

the provisions of these agreements.



Article 2



At the request of one of the parties will be submitted to judge what is the standing of Justice

International Justice disputes, which the parties were

right, and all the controversy about the



and the interpretation of the Treaty) concluded between the parties,



(b) the prescription of international law)



(c) the existence of a fact which), proved, would be a violation of the

international commitment



(d) the nature and extent of compensation) required for such violations.



These provisions do not apply to the disagreement, which according to the Court of one of the

the Parties shall affect the rights of sovereignty, nor on the disagreement, which according to the Court

one of the parties belongs to her výhradné powers.



Article 3



In the cases to which the entire article 2, parties, smluviti is off,

that mismatch, the place that was raised on the Permanent Court of international

Justice will be delivered to the Tribunal particularly marked.



Article 4



Was the diversity of opinion between the parties about what belongs to the dispute or

does not belong to one of the groups referred to in paragraph 1 and 2 of article 2.

decide on the preliminary ruling by the Permanent Court of international justice

or, if the parties have agreed that recourse under article 3. to

the Arbitration Court, the Court of arbitration.



Article 5



If between them to arbitration, the parties uzavrou the Special

a compromise specifying the subject of the dispute, as well as the rules of procedure, which

According to their desire to use it. Uzavírajíce this compromise into account

The Contracting Parties, resort to arbitration, if you can, to

the provisions of the Hague Convention of 18. October 1907 concerning the settlement of the processing

international disputes.



Compromise with the signature of the Protocol or exchange of notes. Standing Auditors

International Justice or, according to the case, the Court of arbitration,

called upon to interpret it.



If, within two months from the date on which the request of one the parties in judicial or

judge handling the dispute was communicated to the other side, there is no agreement on the

the content of the compromise, each party will be able to dovolati the Standing of Justice

international justice the mere asking.



Article 6



Any disagreements, not covered by the article. 2. on request of one will be

of the parties, the conciliation proceedings signaller.



However, the parties will be free to put such a special agreement management

any non-conformity as outlined in the article. 2. before her to submit to the Standing

the International Court of Justice or to the Court of arbitration.



Article 7



For the purpose of proceedings set out in the article. 6. the Contracting Parties shall set up a permanent

a Conciliation Commission.



The Commission will have five members. The Parties shall identify each one freely and

the other three selected jointly by agreement.



These three may not be nationals of the Contracting Parties or their

habitual residence in the territory of the parties, nor must it be now or they were not allowed to be in the

the past in their services. Of them, the parties jointly selected by agreement of the

the President of the Commission.



Each of the Contracting Parties have, at any time, not just in management

stream or if its introduction is applied for the right to change your

Commissioner. With the touže subject to the will, in addition to be able to consent to the odvolati by selecting

one or more of the three Commissioners who were appointed together.

Spaces will be filled in the resulting as soon as possible.



Within fourteen days of the date when one of the parties raised a disagreement on a permanent

a Conciliation Commission, each of the parties will have the right to nahraditi to explore the

This disagreement, his Commissioner of another person, especially in the case of an eligible

which it is.



The party, which uses this law, it shall notify without delay to the other;

This will then be able to do the same thing, and that within a period of 14 days from the date of

When the notification has occurred.



A permanent Conciliation Commission shall establish within six months after the exchange of the ratification of this

of the Convention. Places that would be uprázdnila in it, will be again filled in

a period as short as possible, and that the procedure for the appointment.



If the appointment of the members of the broadcast together within six months

from the exchange of the ratification or, in the case of the appointment of a replacement, within three months

from the day when the place is uprázdnilo, president of the Swiss Confederation

If there is no other agreement between the parties, asked to make the necessary

the appointment.



Article 8



A permanent Conciliation Commission shall take action as soon as one of the parties of this

so requests. At the same time, this request will be sent to the President of the Commission and the other

the parties. The President then it is for the svolati to the Commission within the time limit as short as possible.



The Contracting Parties shall undertake, at all times and in every way

facilitate the work of the Commission and that it especially ensures full cooperation of his

called authorities. Affix everything you will need to enable it to on your

the territory of the předvolávati and the vyslýchati of witnesses or experts, and set out to do local

the investigation. The Commission may entrust this task to one or more of the three

jointly appointed by the members.



Article 9



A permanent Conciliation Commission will gather on the spot that it chooses, and will be able to

at any time, to change its registered office, if it considers it appropriate.



The Commission may, zříditi's Office; calls to the members of her party,

each of them must ensure the same representation.



Article 10



A permanent Conciliation Commission may only rozhodovati, were all members of the

duly convened and if they are present, at least, all the members together

broadcast.



The decision will be made by majority vote. If the votes are split,

Decides the voice of předsedův.



Article 11



At the end of its work, the Commission shall submit a report identifying the factual basis and the

containing-unless it's for a special circumstances seemed inappropriate-

also suggestions after the Court, the Commission would have been in a dispute it.



The report must be made within six months from the arrival of the request to the Commission;

the parties, however, will be off to the agreement this time limit extended

or, until the Commission did its work, it shortened. The message will be

made in three copies, of which each of the parties has

one; the third remains in the hands of the Commission.



The Parties shall not be bound by the factual or legal considerations on which the Commission

concluded. However, the Commission may, in the report vyhraditi the period into which the

stressed, be adopted if its conclusions and its recommendations.



The Contracting Parties undertake that neuveřejní message without prior mutual

the deliberations.



Article 12



Each Party shall pay the remuneration paid to the Member, that was her name, and

half the rewards to members posted together.



Each party will assume the expenses, which has caused, as well as half of the expenditure,

that a permanent Conciliation Commission declared in common.



Article 13



Subject to the preceding provisions enjoys Permanent Conciliation Commission, if

possible, on its management regulations of the Hague Convention of 18. October 1907 concerning the settlement of the

dealing with international disputes. If the non-compliance, decide about them

of the Commission.



Article 14



As long as in the current proceedings before the Permanent Court of international

Justice, before an arbitral tribunal or Conciliation Commission, before a permanent

the parties undertake to refrain from any measures which could have

negative impact on the implementation of the statement or on the settlement proposed by the Permanent

the Conciliation Commission.



Article 15



This Convention shall be ratified. The instruments of ratification shall be exchanged at

Prague in the shortest period of time.



Enter in the scope of the month after the exchange of the ratification.



The Convention is concluded for a period of five years from the date of the exchange of ratifications.

If it is not denounced by at least six months before the expiry of this period,

will remain in force for a new period of five years and continue to be so.



If it is at a time when the scope of this Convention expires, in a stream of conciliation proceedings,

the Court or judge, will it let us proceed in accordance with the provisions of this

The Convention or any other Convention, which the parties would probably replace.



On the CONSCIENCE of the above designation agents have signed this Convention.



Done at Ankara in duplicate, 17 December. March 1931.



M. KOBR.



L. S.



Dr. RÜSTÜ.



L. S.



Závrečný write.



1. the Contracting Parties declare that they will enjoy this Convention between themselves,

the third party was also interested in the dispute.



2. the doubts of the provisions of this Convention will be in favour of the vykládati

a court or arbitral settlement of the dispute.



In Ankara, 17 December. March 1931.



M. KOBR



Dr. RÜSTÜ



Prozkoumavše this Convention with the final registration of the budgetary and

We confirm it.



The conscience we have signed this sheet and the seal of the Republic of

The Czechoslovak přitisknouti.



The castle of Prague 16 December. one thousand years of the 30th of October, devítistého

the first.



The President of the Republic of Českolovenské:



T. g. Masaryk v.r.



L.S.



Minister of Foreign Affairs:



Dr. Edvard Beneš-v.r.



Is that ratification were exchanged in Prague on 16. September

1932, so according to article 15 of the Convention has taken on the day 16. October 1932 international

the scope of the.



Dr. Benes v.r.