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Between The Czechoslovak Republic And The Kingdom Of Spain

Original Language Title: mezi Československou republikou a královstvím Španělským

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18/1930 Sb.



Conciliation and arbitration agreement



between the Czechoslovak Republic and the Kingdom of Spain.



The name of the Czechoslovak Republic.



The name of the Czechoslovak Republic



and



the Kingdom of Spain



This agreement has been negotiated:



(Translation.)



Conciliation and arbitration agreement between the Czechoslovak Republic and the Kingdom of

The Spanish.



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

inspired by a desire to utužena the bonds of friendship between the

Czechoslovakia and Spain and to the disputes which might arise between the

the two States were rozřešeny according to the highest principles of international law

the public, they decided to name its uzavříti contract and agents:



The President of the Czechoslovak Republic:



p. Dra Edvard Beneš,



Minister of Foreign Affairs of the Czechoslovak Republic;



His Majesty the King of Spain:



His Excellency Mr. Joaquin de Ezpeletu,



the extraordinary Envoy and Plenipotentiary Minister in Prague,

who sdělivše their full power, which they found in good and due form,

They agreed on the following provisions:



Article 1.



The High Contracting Parties undertake to ended, the peaceful way and

the methods specified in this agreement any controversy or disputes, whether they are

of any nature that might have occurred between Czechoslovakia and

Spain and which would not be the usual vyříditi resources

the diplomatic.



Part I.



Article. 2.



All of the differences between the High Contracting Parties, 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 arbitration or

The Permanent Court of international justice. Disputes, for which the resolution

is the special procedure prescribed by other conventions in force between the high

The Contracting Parties, will be handled in accordance with the provisions of these conventions.



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, this party will be able to

for the fact that the dispute has been submitted to the management of a designated in this agreement,

until the competent court has not made a final decision within a reasonable time.



Article 4.



Before the mismatch will be subjected to judicial proceedings are covered by the article. 2.,

The parties will be able to, on the basis of the common understanding předložiti it to

a reconciliation of the Permanent International Commission, called "the permanent Conciliation Commission", set up by the

in accordance with this agreement.



Article 5.



A permanent Conciliation Commission will be skládati from the five members. The Contracting Parties shall

appoint one member each separately and shall appoint by common accord the

the other three members, among which even the President of the Commission. These three members

they may not even be nationals of the Contracting Parties or the přebývati on their

territory, or be in their services. All three must have different

nationality.



Members will be appointed for three years. If, after the expiry of the mandate of the

one member of the Commission, the measure fails to refund

the mandate for a renewed period of three years; The parties, however,

reserve, that after the expiry of the period of tříročního transfer function of the President of the

any other Member of the Commission designated by common agreement.



A member whose mandate expires during the procedure, which is in the stream, takes on

participation in the negotiations of the disagreement until the end of the proceedings, despite the fact

his successor was appointed.



Die or resign if any member of the Conciliation Commission, will need to be

do the measures, to be replaced by a period of missing until the end of his

the mandate, if possible in the 3 following months and, in any event,

If any non-compliance will be brought to the Commission.



If a member of the Conciliation Commission established by mutual agreement

He could not at that time for sickness or some other obstacle is zúčastniti

the work of the Commission, the Parties shall agree on the provision of an alternate, who shall give

temporarily take his place.



In the absence of provisions in this alternate within 3 months from the date when the

the place is temporarily vacant, the postupovati referred to in article 6. This

Of the Treaty.



6.



A permanent Conciliation Commission will be established within 6 months after the exchange of the ratification of this

Of the Treaty.



If members who are to be appointed by mutual agreement, they were not

appointed in that period, or in the case of representation within 3 months from the date

the date, when the place of uprázdnilo, the Council of the League of Nations, if

There was no other agreement to the application of one or other party shall be required to

to execute the necessary appointment.



Article 7.



A permanent Conciliation Commission requests can be dovolati by the President of the

both parties acting in common agreement.



The request will be obsahovati, in addition to a brief interpretation of the subject matter, the challenge

controlled Commission to take any measures that could lead to

the reconciliation.



Article 8.



Within fourteen days of the date on which the Permanent Conciliation Commission was a mismatch

raised by each of the parties may, for the analysis of the disagreements nahraditi standing

a member of her appointed by a person who has special competence in the matter.

The party, which would like to use this law, it shall notify without delay

the other side; This will be able to use the same rights within 14 days from the date when the

It was about the announcement.



Each party reserves immediately appoint a surrogate for temporary

the representation of the permanent member appointed by her, that for a disease or a

Another obstacle would be at that time could not zúčastniti the work of the Commission.



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, as appropriate, write the recording either

the parties agree 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.



If the parties to the neusmířily, the Commission will be able to, if not challenge against

two members appointed by the parties separately, and before naříditi

than a Permanent Court of international justice or the arbitral tribunal to which the

the dispute has been brought, will make the final decision, the publication of the report, in which the

feedback will be given to each Member of the Commission.



Article 10.



If there is a specific provision of the opposite, will Permanent justices of the peace

the Commission itself way of management, which in any case must be questionable. When

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 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

Decides, in accordance with 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 seemed 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 Contracting Parties undertake to facilitate the permanent Conciliation Commission of her work and

in particular, she will give in as far as possible all documents and

the necessary reports, as well as using all the resources that are after them

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.



Each Government shall bear its own costs and an equal share of the common costs of

the Commission, the refund, which is 1. paragraph, in

the common costs.



Article 17.



If no conciliation by the Commission before the permanent settlement will be ku dispute either

the Arbitration Tribunal, either Standing Court of international justice by

the provisions of article 2. of this contract.



In this case, as well as in this case, if the matter was not in advance

raised on a permanent Conciliation Commission, the Parties shall agree together that

submit a dispute to the Permanent Court of international justice, or that designates an

the arbitration. The agreement will be precisely identified the subject of the dispute, the Special

competence, which could be transferred to the Permanent Court of international

Justice, or to arbitration, as well as all other terms and conditions

intended by the parties. The agreement shall be carried out by the exchange of notes between the two Governments.



The Permanent Court of international justice on the dispute or authorized rozhodnouti

the arbitral tribunal constituted for the same destination will be responsible for the interpretation of the content of the

the agreement.



In the absence of agreement within 3 months from the date when one of the parties is passed to the

the request was for the purpose of the settlement, each party will be able to,

oznámíc its intention to the moon first, vznésti requests the dispute directly to the Standing

the International Court of Justice.



On the management of říditi the rules contained in the Statute of the Permanent Court of

International Justice, or in the event that the matter is the issue of the

the Court of arbitration, the rules laid down in the Hague Convention of 18 March. October

1907 about the peaceful handling of international disputes.



Part II.



Article 18.



All of the questions, in which the Governments of both high contracting parties were

rozdvojeny is a simple way to rozřešiti friendly

diplomatic and whose execution would not be not finding how to

prescribed in article 2 of this agreement, and for which it would for some

the Treaty or Convention in force between the parties was not prescribed any

the method of execution, will be submitted to the permanent Conciliation Commission.



If there is no agreement between the parties on the request, which has to be raised on

the Commission, one or the other of them will be possible when the notify its intention

the month ahead, předložiti the application directly to the above-mentioned Commission.




If an application is only one side, it shall notify without delay

the opposing party.



The proceedings, which will be used, is dealt with in the article. 7. para. 2., and in the article.

8.-16. of this contract.



Article 19.



If the parties will not be able to smířiti, the dispute shall be submitted, at the request and

one party to a finding of the Tribunal, which, if it is not there other agreement

between the parties, will be composed of 5 members appointed specially for each

the case pursuant to the directives contained in the article. 5. and 6. This Treaty, concerning

the Conciliation Commission. This Court will in this case zastávati role

friendly provider and decide in a binding manner for both parties.



Article 20.



If the management of arbitration between the Contracting Parties, they shall undertake to

that uzavrou within three months from the date when one sends the second request for

arbitration, a special agreement on the subject of the dispute, as well as about how to

the proceedings.



If it is not possible within the time limit, the agreement will have to be dosáhnouti

nahraditi it according to the rules of procedure contained in title IV. The Hague

Convention of 18 December. October 1907 concerning the peaceful handling of international disputes,

kterýmiž will be říditi in this case, the request for arbitration.



General provisions



Article 21.



If the Permanent Court of international justice or the Court of arbitration found,

that some instances of judicial decisions, or any other

the Office belonging to one of the parties is either completely or from the

part in the violation of international law, and if the constitutional right of this

The parties did not either at all, or only imperfectly blot

administrative channels to the consequences of decisions for which it is established by

the Court or arbitration award method and extent of the compensation, which is to be

awarded to the injured party.



Article 22.



During the proceedings, the proceedings of the Court of Justice or arbitration the Contracting

The Parties shall refrain from any measures that could have an impact on the adoption of the

proposals of the Conciliation Commission or the execution of the decision of the standing International Court

Justice or the award of the arbitral tribunal. The objectives of the Conciliation Commission,

The Permanent Court of international justice and arbitration court orders after the event,

what the provisional measures have to be taken.



Article 23.



All the controversy, which arose about the interpretation or execution of this contract,

will be presented, in the absence of any other agreement, directly to the standing of Justice

international justice the way of simple request.



Article 24.



This Treaty shall be ratified. The instruments of ratification as soon as possible

exchanged in Madrid.



The Treaty will enter into force on the date of exchange of ratifications and shall remain in force

10 years from that date. If it is not denounced six months before the expiry of

This period will be considered obnovenu for a period of 10 years and continue to be so.



If at the time when the Contract expires, it will be just a conciliation, konati

judicial or arbitral proceedings, will be in control until the end;

in accordance with the provisions of this Treaty.



On the conscience of the above designated plnomocníci, have signed this Treaty and

pressed to her their seal.



Made in Prague, in duplicate, 16 December. November 1928.



L. s. Dr. Edvard Beneš in r.



L. s. Joaquin de Ezpeleta y Montenegro in r.



Prozkoumavše this agreement, we agree and we confirm it.



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

The Czechoslovak přitisknouti.



In the Topolčiankách, 14 July 2004. September devítistého one thousand years of the twentieth

the ninth.



The President of the Czechoslovak Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged on 30.

November 1929 in Madrid. When it was found in the original text of the

the Treaty these typographical errors:



1. In article. 5., para. 3. POS. line, it has to be "son remplacant" on the site

the incorrect "son remplacement."



In the article. 21. POS. line, it has to be "réparation à accorder..."

the erroneous "répartition accordée..."



According to the article. 24. the scope of the Treaty the date acquired the exchange of instruments of ratification

of the instruments.



Dr. Edvard Beneš in r.