176/1926 Sb.
CONCILIATION AND ARBITRATION AGREEMENT
between the Czechoslovak Republic and Sweden
The name of the Czechoslovak Republic
Tomáš G. Masaryk,
the President of the Czechoslovak Republic
to all,
who read this list or the oft will hear,
"good morning".
The name of the Czechoslovak Republic
and
the Kingdom of Sweden
This agreement has been negotiated:
CONCILIATION AND ARBITRATION AGREEMENT
between the Czechoslovak Republic and Sweden
The President of the Czechoslovak Republic and his Majesty the King of Sweden
inspired by a desire to rozvíjeti friendly, which linked the two countries,
resolved a wide degree of thought in their mutual relations, policy
which life governed by the League of Nations decided to uzavříti the justice and
the arbitration agreement, and for this purpose Its name plnomocníky, and that:
The President of the Czechoslovak Republic:
Mr. Edvard Beneš, Dra
Minister of Foreign Affairs of the Czechoslovak Republic;
His Majesty The King Of Sweden:
his Excellenci Mr. Baron Gerhard Löwen-and,
the extraordinary Envoy and Plenipotentiary Minister,
who, vyměnivše your power of Attorney, found in good and due
the form, have agreed on the following provisions:
PART I.
Article 1
All disputes between Czechoslovakia and Sweden, whether any
nature, in which the parties were in dispute about the legal
the claim and which could not be amicably rozřešeny simple way
diplomatic, will be presented to award either the Standing Court of international
of Justice or to an arbitral tribunal, as stipulated below.
Disputes, for which the resolution prescribed special management other
conventions in force between the High Contracting Parties, will be handled
in accordance with the provisions of these conventions.
Article 2
To the procedure before the Permanent Court of international justice, the
the dispute by mutual agreement of both parties, be submitted to the Permanent settlement
the International Commission, called "the Permanent Commission justice", established in accordance with the
This Treaty.
Article 3
If it is the subject of the dispute, which according to the internal law of one
of the parties belong to the jurisdiction of the domestic courts, including the administrative
the authorities held the judiciary will not be subjected to a prescribed dispute management
This Treaty until the competent domestic court has not decided on the matter, the Office
within a reasonable time definitively.
Article 4
A permanent Conciliation Commission, referred to in article 2, the skládati of the five
the members, who will be designated as follows: the Government of Czechoslovakia and
the Swedish Government will appoint each for itself after one member of their
members and shall designate by common agreement the three other members of the members of the
the third power; These three members must be different State
jurisdiction and shall designate the Chairman of the Czechoslovak Government and the Swedish
of the Commission.
Members are appointed for three years; their mandate is renewable.
Shall remain in Office until they are replaced, and in any case until the end of their
work has already started at a time when their mandate expired.
Places that would be the death of the uprázdnila, demisí or any other
the reason will be occupied in the shortest period of time according to the rules prescribed
for appointment.
Article 5
A permanent Conciliation Commission will be set up within six months after the entry into
the validity of this agreement.
If members who are to be designated by mutual agreement, they were not
appointed in that period, or in the case of total repopulation, in the time of the three
months from the date when the place uprázdnilo, the President of the Federal Council
The Swiss, if there was another agreement, asked to perform the necessary
the appointment.
Article 6
A permanent Conciliation Commission requests can be dovolati by the President of the
both parties acting in common agreement, or, if no such
the agreement shall submit one side or the other.
The request will be obsahovati, outside of a brief interpretation of the subject matter, the challenge
controlled Commission to take any measures that could lead to
settlement.
If the request comes only from one side, it must be this party oznámiti
without delay.
Article 7
Within fourteen days of the date when the Government of the Czechoslovak Government or the Swedish
raised a dispute on a permanent Conciliation Commission, each of the parties may, for the analysis of
This dispute, member seconded from their respective nationals nahraditi person
that has special competence in the matter, which it is.
The party, which would be used in this law, it shall notify without delay the side
the second; This may, in this case, do the same thing within 14 days from the date when the
notice her.
Article 8
The task of the Permanent Conciliation Commission will be to clarify the issues, picked up the
to this end, all the necessary reports by way of investigation or another and to
seeking an out-of-court settlement between the parties. The Commission, the prozkoumavši thing, may navrhnouti
The parties editing, which she seemed appropriate and should the time limit,
to comment on this.
At the end of its work, the Commission shall, in accordance with the registration of reporting the case,
either that the parties have agreed and, if necessary, the terms of the agreement, or that the
The parties could not be straightened.
The work of the Commission must, unless the parties agree otherwise, be finalized into
six months from the date on which the dispute was brought to the Commission.
Article 9
Unless special provisions in the opposite of the content it modifies the permanent's
the Conciliation Commission itself way of management, which in any case must be
questionable. During the investigation, the Commission will, if unanimously decides otherwise,
říditi the provisions of title III (International Commission of inquiry), the Hague
Convention of 18. October 1907 concerning the peaceful dealing with international disputes.
Article 10
A permanent Conciliation Commission shall meet, unless a different agreement between the parties, the
the location, which shall designate its Chairman.
Article 11
The work of the permanent Conciliation Commission are public only when the Commission
decide in agreement to the parties.
Article 12
The parties will have a permanent Conciliation Commission at its representative, who will
serve as intermediaries between them and the Commission; Moreover, can the parties
přibrati Advisor and experts nominated by them for that purpose and to a
the hearing of any person whose testimony they will be zdáti useful.
For its part, the Commission will have the possibility of vyžádati's oral explanations from the
representatives, advisers and experts of both parties, as well as from any person,
that would be considered useful it předvolati with the consent of its Government.
Article 13
If it is not the opposite of the provisions in this agreement, decisions of the Permanent justices of the peace
the Commission, by majority vote. Each Member has the right to one vote. In the case of
equality of votes, the voice of předsedův.
The Commission may make a decision on the merits of the dispute only when all
the members were duly convened are present when the Chairman and at least two
members.
Article 14
The Government of Czechoslovakia and Sweden will undertake to facilitate the permanent justices of the peace
the Commission's work and, in particular, that it will give the greatest of all
documents and reports, as well as using all the resources that
they are on hand to allow on its territory and in accordance with their legal
order předvolávati and hear witnesses and experts, and set out to do the investigation on
the-spot.
Article 15
For the work of the Permanent Conciliation Commission shall receive compensation for each of the members whose
the amount will be determined by mutual agreement between the Governments of the Czechoslovak and
The Swedish.
Each Government shall bear its own costs and an equal share of the common costs of
of the Commission.
Article 16
In the absence of a permanent Conciliation Commission before the settlement, the dispute in the agreement
the International Court of Justice submitted to the standing under the conditions and pursuant to the
the rules of procedure, laid down in its Statute.
If there is no agreement between the parties, it will be one or the other party, when
one month before it was pointed out, freedom of vznésti
requests the dispute directly to the Permanent Court of international justice.
The provisions of this article shall not restrict in any way the freedom of the parties to the předložiti
the dispute in an arbitration court agreement, under the conditions and pursuant to the rules of procedure,
laid down in the Hague Convention of 18. October 1907, on peaceful handling
international disputes.
PART II.
Article 17
All of the questions, in which the Government of the Czechoslovak Government and the Swedish have been
rozdvojeny is a simple way to friendly rozřešiti
diplomatic, and whose execution would not be not finding how to
prescribed in article 1. This agreement, and for that already in other
conventions in force between the parties was not prescribed any method of execution,
will be submitted to the permanent Conciliation Commission which will be responsible for navrhnouti
A solution acceptable to the parties, and in any case it message.
The proceedings provided for in articles 6. up to 15. This agreement also applies here.
Article 18
If within one month of the date when the permanent Conciliation Commission ended its
work, both parties have agreed, will be the question, at the request of one or other
Parties, raised on the advice of the League of Nations, which shall decide, in accordance with
Article 15. The Covenant Society.
The General provisions of the
Article 19
The Czechoslovak Government and the Swedish are committed to each other, that is, if the
It takes a proceeding initiated pursuant to the provisions of this Treaty, all of the measures,
that could have an adverse effect on the implementation of the decision of the standing of either
the International Court of Justice or to the adjustment proposed by the Permanent justices of the peace
by the Commission or by the Council of the League of Nations, and all that do not take anything,
whatever it was, what could přiostřiti or rozšířiti.
In all cases, and especially when the question of which are the parties to the dispute,
is the result of works, that have been already carried out, or have the right to be
executed, the Permanent Court of international justice, shall be decided in accordance with article
41. his terms of reference, shall designate in the shortest possible period of time, what the interim
measures have to be taken. Also the Council of the League of Nations, if
the question has been raised, it falls to make appropriate interim measures.
The High Contracting Parties undertake to submit to the provisional measures
the following designated either the Court of Justice or by the Council.
Article 20
The cause of all disputes in the interpretation of this Treaty will be submitted to the Standing
the International Court of Justice.
Article 21
This agreement shall be ratified and the instruments of ratification shall be exchanged in the
Stockholm, wherever possible.
The contract is concluded for a period of ten years from the date of the exchange of figuring
instruments of ratification. If it is not denounced by at least one year before the
the expiry of this period, it shall remain in force for another period of ten years and
so on.
On conscience plnomocníci this contract signed.
Done at Prague, on 2. January 1, 1926.
L.S.
Dr. Edvard Beneš-v.r.
Subject to the ratification of his Majesty the King with the approval of the Riksdag:
L.S.
LÖWEN v.r.
Shlédnuvše and prozkoumavše of this Treaty, declare it as schválenu,
přijatu, potvrzenu and utvrzenu and the power of this worksheet, signed by our
the hands of her own endorsement, we accept, we confirm and fashionable madmen,
Word of his promising, on behalf of the Czechoslovak Republic, it firmly and
be kept sacred to keep and what it was against the branch of the
any cause and any imaginary way.
The conscience we have this list vyhotoviti preached and seal
they gave přitisknouti of the Czechoslovak Republic.
Which is given on 3 June in Prague Castle. April summer, one thousand devítistého
twenty-sixth.
The President of the Czechoslovak Republic:
T.g. Masaryk v.r.
L.S.
Minister of Foreign Affairs:
Dr. Edvard Beneš-v.r.
Is that the instruments of ratification were exchanged the day 29. April
1926 and that the agreement is in accordance with article. 21 scope of Exchange on the date of
instruments of ratification.
Dr. Benes v.r.