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Between Czechoslovakia And Denmark

Original Language Title: mezi Československem a Dánskem

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7/1928 Sb.



The arbitration agreement



between Czechoslovakia and Denmark.



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 DENMARK



THIS AGREEMENT HAS BEEN NEGOTIATED:



The arbitration agreement



between Czechoslovakia and Denmark.



The President of the Czechoslovak Republic and his Majesty the King of Denmark and

Iceland, inspired by a happy friendly ties that connect their

Nations, desiring to end in agreement to the principles of the future utvrzenými

The Convention of the League of Nations, the peaceful settling of all disagreements and disputes,

whether they are of any nature that would hopefully forked Czechoslovakia and

Denmark, have decided to uzavříti the arbitration agreement and the name of its

plnomocníky, namely:



The President of the Czechoslovak Republic:



Mr. Dr. Václav Girsu,



Special Envoy and Minister of splnomocněného;



His Majesty the King of Denmark and Iceland:



Mr. Johan Hósta, Nielsa Wulfsberga



his extraordinary Envoy and Minister in Prague, splnomocněného



Who, vyměnivše your power of Attorney, found in good and due

the form, have agreed on the following articles:



Article 1



The High Contracting Parties undertake, in all

cases, the peaceful way and methods specified in this agreement, all

controversy or disputes, whether they are of any nature that might arise

between Czechoslovakia and Denmark and which would not be the usual vyříditi

by diplomatic means.



Article 2



All disputes between the High Contracting Parties whether any

nature, and which could not be compared the usual friendly resources

diplomatic, will be presented to award either the Standing Court of international

Of Justice or to an arbitral tribunal, as stipulated below.



The disputes for which the execution of the prescribed special management other

conventions in force between the High Contracting Parties, will be handled in the

consent with the provisions of these conventions.



Article 3



Before any arbitration proceedings or any proceedings

before the Permanent Court of international justice, the dispute will be submitted to the

a reconciliation of the Permanent International Commission, called "the Permanent Commission justice", established by the

in accordance with this agreement.



Article 4



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 the control of the specified mismatch

This Treaty until the competent authority, the Court has not decided the home in

reasonable time, definitively.



Article 5



A permanent Conciliation Commission, which is specified in article 3, the skládati of the

the five members, who shall be designated as follows: each party sends

two members; one of its own members, the second from

nationals of a third State. The subsequently appointed may not even

have a domicile in the territory of the party that has appointed it, even in its

services. Both parties shall designate by common agreement the President of the Commission, which must

be another nationality than the other members.



Members are appointed for three years; their mandate is renewable.

Shall remain in Office until they are nahraženi, and in all cases when

their work has already started at a time when their mandate expired.



Places that would be the death of the uprázdnila, demisí or from any other

the reasons will be filled in the shortest period of time according to the rules prescribed

for appointment.



Article 6



A permanent Conciliation Commission will be established, within three months after the entry into

the validity of this agreement.



If the appointment of the President, which is to be jointly determined, it did not happen in

the time limit or in case of total repopulation, in the time of three months from the date when the

instead of uprázdnilo, will be the Chairman of the Permanent Court of international justice

or, if it is a national of one of the High Contracting Parties,

the Deputy of the President or the oldest Member of the Court who is not a

national of any of the High Contracting Parties, unless another agreement,

asked to make the necessary appointment.



Article 7



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

the Commission-controlled, in order to determine all the measures that could lead to

the reconciliation.



If the request comes only from one side, it must be this party oznámiti

without delay.



Article 8



Within fourteen days of the date on which the Permanent Conciliation Commission a dispute was raised,

each of the parties may, for the analysis of this dispute, one of its members

nahraditi a person who has special competence in the matter, it

zachovávajíc, however, the rules specified in article 5, paragraph 1.



The party, which would be used in this law, it shall notify without delay the side

the second; This can do the same thing in this case, within fourteen days from the date

the date of notice.



Article 9



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

sought a reconciliation of the parties. The Commission, the prozkoumavši thing, may navrhnouti

the texts of the adaptations to the parties, which she seemed appropriate, and should be

the deadline to submit their comments.



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 reconciled.



The work of the Commission, unless the parties otherwise agree, must be finalized to

six months from the date on which the dispute was brought to the Commission.



Article 10



If there is a specific provision of the opposite of the content of this Treaty, shall adjust the

a permanent Conciliation Commission's way of management, which in any case must

to be questionable. During the investigation, the Commission will, if unanimously decides

otherwise, říditi the provisions of title III. (The International Commission

the inquiry) the Hague Convention of 18. October 1907 on peaceful handling

international disputes.



Article 11



A permanent Conciliation Commission shall meet, unless a different agreement between the parties, the

the location, which shall designate its Chairman.



Article 12



The work of the permanent Conciliation Commission are public only when the Commission

decide in agreement to the parties.



Article 13



The parties will have a permanent Conciliation Commission at its representative, who will

serve as intermediaries between them and the Commission; In addition, the parties may

přizvati 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 whose

the summons with the consent of its Government would be considered useful.



Article 14



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.



Article 15



The High Contracting Parties undertake to facilitate its Permanent Conciliation Commission

work, and particularly that it be supplied as far as possible all documents

and the necessary reports, as well as using all the resources that they are

After the hand, to allow on its territory and in accordance with their national legal systems

předvolávati and hear witnesses and experts, and set out to do on-the-spot investigation

the very.



Article 16



For the work of the Permanent Conciliation Commission shall receive compensation for each of the members whose

the amount will be determined by common agreement between the High Contracting Parties,

that it will be borne by each equally. The costs incurred by the activities of the

the Commission will also be divided into half.



Article 17



In the absence of a permanent Conciliation Commission before the settlement, the dispute obapolnou

the agreement presented to the Permanent Court of international justice, either for

the conditions and in accordance with the rules of procedure, laid down in its Statute, or

the Arbitration Tribunal under the conditions and pursuant to the rules of procedure laid down by the

The Hague Convention of 18. October 1907 concerning the peaceful handling of the international

disputes.



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.



General provisions.



Article 18



In all cases, and especially when the question of whose subject parties

forks, is a consequence of the acts that were already performed or have

currently being carried out, the Conciliation Commission or, if this is already

Thus, the Permanent Court of arbitration or Court of international justice,

Decides, pursuant to article 41. your status determines if necessary, and in

as soon as possible, what interim measures are being taken.

Each of the High Contracting Parties undertakes to submit to them, and that

refrain from any measures which could have an adverse effect on the implementation of

the decision of the Conciliation Commission or the proposed adjustments and all that does not take

nothing, whether it was anything that could stížiti or protahovati

the dispute.



Article 19



The dictum of the Court or arbitration is binding and belong to the parties, so that it

innocently.



If, however, the operative part of the Court or judge made that decision

or a measure taken by a court or any other authority, one of the

both States is wholly or in part, in violation of international law, and

If the constitutional law that State does not permit or allow only from

part of the odčiniti the consequences of this decision or of the measures, the parties

agrees that the side of the corrupt judicial or arbitral statement

given a decent satisfaction of other nature.



Article 20



This agreement applies as between the High Contracting Parties, even if the other

powers also have an interest in the dispute.



Article 21



This Treaty shall be communicated to the registration of the League of Nations in accordance with the

Article 18. Of the Convention.



Article 22



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

Copenhagen.



Takes the scope of the exchange of instruments of ratification. It is concluded for a period of time

ten years including the moment when the acquired competence. If it is not

denounced six months before the expiry of this period, it will be considered

renewed for a further five years and continue to be so.



If the period of expiration of this agreement, any proceedings on the basis of this

the Treaty took place before a permanent Conciliation Commission, arbitral tribunal or before

before the Permanent Court of international justice, the procedure will be

konati until its end.




MAKING NOTE of the top appointed plnomocníci, have signed this Treaty.



MADE in Prague, in duplicate, of 30 May. November 1926.



L.S.



Dr. v. Girsa v.r.



L.S.



J. w. Hóst 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 at the castle of Prague, 23 April. August one thousand years

devítistého twenty-seventh.



The President of the Czechoslovak Republic:



T. g. Masaryk v.r.



Minister of Foreign Affairs:



Dr. Edvard Beneš-v.r.



Is that the instruments of ratification were exchanged on 23 June. September

in 1927, and that the agreement is in accordance with article. 22 the scope of Exchange on the date of

instruments of ratification.



Dr. Benes v.r.