Of Friendship, Justice, Arbitration Proceedings And The Court With Greece

Original Language Title: o přátelství, řízení smírčím, rozhodčím a soudním s Řeckem

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=5103&nr=157~2F1930~20Sb.&ft=txt

157/1930 Sb.



The Pact



of friendship, justice, arbitration proceedings and the Court between the Republic of

The Czechoslovak Republic and the Greek.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic



and



the Hellenic Republic



This Pact was agreed:



(Translation.)



The Pact



of friendship, justice, arbitration proceedings and the Court between the Republic of

The Czechoslovak Republic and the Greek.



The President of the Czechoslovak Republic and the President of the Hellenic Republic,



inspired by a happy friendly ties that connect their Nations;



sincerely desiring's end by peaceful means the settlement of disputes, which

may vzniknouti between their States;



Recognizing that the rights established by the neb, the investigation resulting from the

international law is binding on international courts;



Recognizing that the rights of any State cannot be changed, but with the

his consent;



considering that the sincere observance of peaceful driving under the auspices of the

The League of Nations allows you to solve any disputes docíliti

International;



high vážíce's recommendations that the Assembly of the League of Nations has made

all States in its screen resolution of 26 April. September 1928 to conclude the Convention

for the purpose of peaceful solutions to international disputes;



they decided to bring to pass their common intention and name their

agents:



The President of the Republic:



Mr. Dr. Edvard Beneš,



Minister of Foreign Affairs of the Republic of Czechoslovakia;



President of the Hellenic Republic:



J. e. Mr. Constantine Psaroudase,



Envoy Extraordinary and Minister Plenipotentiary,



who složivše his full power, which they found in good and due form,

They agreed on the following provisions:



Title I.



Article 1.



The High Contracting Parties solemnly declare on behalf of their peoples,

You should be careful to condemn the war for the purpose of settlement of international disputes and the

waiving it in their mutual relations as a means of national

policy.



Article 2.



The High Contracting Parties recognise that the resolution of all disputes and handling, and

the conflicts that might povstati between them, whether they are of any kind

whatever the origin, the NEB has never be found otherwise, but resources

peaceful.



Title II.



About the peaceful proceeding altogether.



Article 3.



Disputes of all kinds, which have arisen between the High Contracting Parties, and

that would not be a diplomatic way, vyříditi will be subject to a

the conditions laid down by this Convention, the Court or arbitration proceedings

which will be předcházeti after forced neb facultative management

Justice of the peace.



Article 4.



1. disputes, for which a solution would be to set out a specific procedure in advance

in other conventions in force between the High Contracting Parties,

dealt with under the provisions of these conventions.



2. this Convention shall not affect the agreements in force, if introduced for High

the Contracting Parties to the conciliation and arbitration the neb during court proceedings

impose obligations providing for dispute resolution. Yet, if these

the agreements foresee only conciliation, if this does not lead to the goal, will be

applied to the provisions of this Convention relating to judicial proceedings, and

the arbitration.



Article 5.



1. If this is the case your subject under national

the legislation of one of the High Contracting Parties falls within the jurisdiction of the

the courts or administrative authorities, that party may opříti to the dispute

This was subject to a different procedure prescribed by this Convention before

the competent court (the Office) has made a final decision within a reasonable time.



2. a party, which in this case will have a plan to dovolati the proceedings

laid down in this Convention, it will be obliged to oznámiti in writing of its intention to

The other hand, within a period of one year from the decision mentioned above.



Title III.



On the management of the Court.



Article 6.



All disputes in which the parties were a right,

It will be submitted to judge what the Standing Court of international justice,

unless the parties agree in the manner set out below, by contacting the

the Court of arbitration.



Is consensus, among the disputes referred to above, in particular those of the fall

which makes the article noteworthy. 36. the Statute of the Permanent Court of international

Justice.



Article 7.



If the parties agree, disputes that are marked in the preceding

Article has been submitted to arbitration, compromise, in which sepíší

determine the subject-matter of the dispute, the choice of arbitrators and the procedure, according to which has to be

followed. If the compromise postrádati accurate designation of the NEB.

the provisions will be used to the extent necessary the provisions of the Hague Convention of

October 18, 1907 on conciliatory dealing with international disputes. If

a compromise does not have provisions on the rules governing the arbitrators have

říditi, the říditi, the Court rules, calculated in the article. 38. The Statute of the

The Permanent Court of international justice.



8.



If the parties cannot shodnouti a compromise referred to in the preceding

Article, or if they are not determined by the arbitrators, and the prior three months

warning, the one or the other Party directly addressed letters rogatory dispute vznésti

the Permanent Court of international justice.



Article 9.



1. as regards the dispute identified in the article. 6. the parties may, before each

the procedure before the Permanent Court of international justice the neb prior to each

the arbitration proceedings by mutual agreement, uchýliti first to control

conciliation, as is provided for by this Convention.



2. In case a dispute settlement procedure, and when this failed, no of

The parties to the dispute to the standing vznésti Court of international justice the neb to insist

Assembly of the arbitral tribunal pursuant to article. 7. until the time of one

months from the completion of the work of the Conciliation Commission.



Title IV.



About conciliation.



Article 10.



Any dispute between the parties, with the exception of those that are shown in the

article. 6. binding will be subjected to, before he will be able to with stand

the subject of the arbitration, conciliation proceedings.



Article 11.



Disputes in the previous article shall be marked with raised on a permanent or

a special conciliation Commission established the High Contracting Parties.



Article 12.



To request one of the other High Contracting Parties will be

established within six months a permanent Conciliation Commission.



Article 13.



The Conciliation Commission will be built, but the parties were otherwise,

as follows:



1. The Commission shall be five members. Each party will appoint one

the Commissioner, who may be chosen from their own nationals.

The other three Commissioners will be chosen by mutual agreement of the members of the

third powers. These must be of different nationality, shall not

have their habitual residence in the territory of the parties, without being in their

services. One of them marks the High Contracting Party for the President of the

Of the Commission.



2. the Commissioner shall be appointed for a period of three years. Will be able to be

. The Commissioners appointed by common agreement will be able to be

There are nahraženi for the duration of the mandate for the consent of the parties. Each of the

The High Contracting Parties will be able to nahraditi the Commissioner, at any time, which

her name was. Apart from the fact that they were nahraženi, they remain Commissioners

in his office until the termination of their works, which are in the running.



3. If any Vacant place of death, or to resign, or for any

Another obstacle, it will be replaced at the time of the shortest, way

laid down for the appointment.



Article 14.



If at the time when the dispute arose, there was a permanent Conciliation Commission

appointed by the Parties, will be built by a Special Commission for the examination of the dispute,

within three months, counting from the request to one of the parties

The other side. Appointment of members will be made in accordance with the provisions of the

in the previous article, but the Parties decided otherwise, about it.



Article 15.



If the appointment of the Commissioners, who are to be appointed, it did not happen in

the period laid down in article 4(1). 12 and 14, will be entrusted to the care of the needed appointment

the third powers chosen by the parties by common agreement or, in the case

President-in-Office of the Council, the League of Nations by a simple

addressed letters rogatory of either party.



Article 16.



1. The Conciliation Commission may, dovolati requests, which shall report to the President of both

Parties acting in common agreement, or, if no such

the agreement, give one side or the other.



2. the application will be obsahovati in addition to a brief summary of the dispute challenge

controlled Commission to take any measures that could lead to the

settlement.



3. If the application is based on only from one party, that party must without

delay oznámiti the other.



Article 17.



1. Within 14 days of the date on which one of the parties raised the dispute to a permanent

the Commission of Justice of each of the parties may, for the analysis of this dispute nahraditi

its Commissioner, a person who has special competence in the matter, which

it comes.



2. a party that uses this law, it shall notify without delay to the Side

the second; This will be able to do the same thing in this case, within the time limit

a fortnight from the date of referral to the notification has occurred.



Article 18.



1. If the parties have not agreed otherwise, the Conciliation Commission shall meet at the headquarters of

The League of Nations at any point, another neb, marked its

Chairman.



2. The Commission may in any case požádati General Secretary

The League of Nations, to provide its assistance to its work.



Article 19.



The work of the Conciliation Commission will be public, but on the basis of the Commission's decision,

that happened for the consent of the parties.



Article 20.




1. If it is not opposite to the agreement of the parties, the Conciliation Commission's adjusted herself way

the procedure, which in any case must be questionable. The investigation will be

The Commission unanimously decides otherwise, the provisions of the říditi

Title III of the Hague Convention of 18. October 1907 on conciliatory handling

international disputes.



2. the Parties shall be represented before the Conciliation Board representatives which the task

the zprostředkovati between them and the Commission; In addition, the parties may přizvati

counsel and experts appointed for this purpose by them and to insist on a hearing each

the person whose testimony they seemed useful.



3. the Commission will have the possibility of his party's oral interpretations from vyžádati

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 21.



If it is not opposite to the agreement of the parties, the Conciliation Commission shall be decided by a majority vote of

and will be able to it as a stake only if all

its members are present.



Article 22.



The High Contracting Parties undertake to facilitate the work of the Conciliation Commission

and particularly that it will give in as far as possible all documents and

necessary reports as well as all of the resources applied to them after

hand, to allow on its territory and in its legislation

předvolati and hear witnesses and experts, and set out to do investigations on the spot

the very.



Article 23.



1. For the work of the Conciliation Commission, each of the Commissioners shall receive a refund the

the amount will be determined by mutual agreement between the parties, each of which

shall be borne by the same amount.



2. General expenditure caused by the activities of the Commission will be divided in the same

way.



Of article 24.



1. the task of the Conciliation Commission will be to clarify the issues, took a

to this end, all necessary reports of investigation or otherwise and to press

the reconciliation of the parties. The Commission, the prozkoumavši thing, can navrhnouti Parties

the text of the agreement, which she seemed appropriate, and should specify the period

to comment on.



2. At the end of its work, the Commission shall, as appropriate, identifying the writer

either that the parties have agreed, and, where necessary, the terms of the agreement, or that the

The parties could not be reconciled. This notation does not obsahovati the mention of

whether the Commission's decision was unanimous or majority vote.



3. the work of the Commission, unless the parties agree otherwise, shall be initiated

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



Article 25.



Write the Commission will promptly brought to the attention of the parties. Parties decide to

on its publication.



Title V.



On the management of the arbitration.



Article 26.



If within one month after the end of the work of the Conciliation Commission appointed in

previous articles the parties have not agreed, the question will be raised with the

the Arbitration Court assembled, if this is not contrary to the agreement of the parties, in a manner

as indicated below.



27.



The arbitral tribunal shall consist of five members. The parties will appoint after

one, who will be able to be selected from its own members to them.

The other two arbitrators and the Chief arbitrator shall be chosen by common agreement

from the nationals of third powers. These latter must be different

nationality, shall not have their habitual residence in the territory of

The parties may be without their services.



Article 28.



1. In the absence of the appointment of the members of the arbitral tribunal within three months from the date of

When one party was sent to the other hand, a request to the Court of arbitration

was established, appropriate care will be entrusted to a third appointment powers

chosen by mutual agreement of the parties.



2. If the parties fail to agree about it, mark each other power and

the appointment of powers agreement as follows becomes selected.



3. If the powers that be have not agreed within three months or

If the designation of the powers which this paragraph 2. This article, the

happened within this time limit, it will be necessary the appointment of the President of the

The Permanent Court of international justice, which can be dovolati

simple addressed letters rogatory, addressed to one of the parties. If this

busy neb is a member of one of the parties, the appointment of

made Vice President. If this busy, or if

a member of one of the parties, the appointment shall be made to the oldest

a member of the Court who is not a national of one of the parties.



Article 29.



In the shortest time, measures shall be taken to once again was occupied by space

uprázdněná death, the neb to resign for another obstacle in a way

laid down for the appointment.



Article 30.



By sepíší compromise, defining the subject matter of the dispute and the proceedings, according to which

It has to be followed.



Article 31.



If the compromise postrádati accurate designation of the neb, the provisions

relating to the points referred to in the preceding article, it will be used

to the extent necessary the provisions of the Hague Convention of 18. October 1907 concerning the settlement of the

dealing with international disputes.



32.



If not to the conclusion of the compromise, within three months from the establishment of the Court,

"the vehicle with one or the other party addressed letters rogatory.



Article 33.



If he does not compromise on how the provisions or, where there is not a compromise, it's

Court rules referred to in article 14(2). 38 of the Statute of the Permanent Court of international

Justice. If you do not like the rules, which could be to use the

on the dispute, the Tribunal shall judge ex aequo et bono.



Title VI.



General provisions.



Article 34.



1. in all cases in which the dispute is subject to arbitration

NEB of the Court, especially if the question at issue between the parties has its

the origin of the deeds that have already become, or have the right to be carried out, the Standing

Court of international justice directs pursuant to art. 41. its Statute, neb

the arbitral tribunal shall, in the shortest possible time the provisional measures

have to be made. Parties are obliged to take them přizpůsobiti.



2. If the dispute was responsible for the Conciliation Commission may doporučiti

The parties to the interim measures, which will call for appropriate.



3. The parties undertake to refrain from any measures that could have

a detrimental effect on the implementation of the Court of arbitration decision or the NEB.

the settlement proposed by the Conciliation Board, and nedopustiti any crime

of any kind, which could be a dispute zostřiti neb rozšířiti.



Article 35.



If the Court's verdict would be arbitration the neb declared that some

the decision made by the Court of the neb, neb measures every other Office one

of the parties in the dispute, is existing in violation of either completely neb partially with

international law and constitutional law, if the parties concerned did not

at all or did not completely odstraniti the consequences of this decision, the neb

This measures the parties agree that it will be by the NEB.

the referee's verdict damaged side want a decent achievement.



Article 36.



1. The present Convention is to use between the High Contracting Parties, even if the

a third power has an interest in the dispute.



2. With regard to the interpretation of the Convention that are parties to other States than the pension

in a dispute, it will notify the Office of the Permanent International Court of Justice is justice

the Court of arbitration the NEB immediately on it.



Each of them will have the right to "how and where use of this option,

the interpretation contained in the judgment of whether or not binding for it.



Article 37.



Disputes relating to the interpretation of the neb to use this Convention, including those related to

the qualification of disputes will be submitted to the standing International Court of Justice

Justice.



Article 38.



This Convention, in the consent with the Pact of the League of Nations, it will not

interpreted as if it was limited to its mission, do the measures at any time

appropriate to the effective conservation of world peace.



Article 39.



1. this Convention shall be ratified and the exchange of the ratification becomes in

Athens.



It will be written in the Secretariat of the League of Nations.



2. this Convention is concluded for a period of five years from the date of the exchange of

the ratification.



3. If it has not been terminated by at least six months before the expiry of this

time limits will remain in force for a new period of five years, and so on.



4. Apart from the testimony made by one of the Contracting Parties, in the proceedings

has already begun at the time of expiry of the Convention continued until

normal termination.



Which caused the above appointed plnomocníci have signed this Convention.



Done at Prague, on 8 June 1998. June 1929 in two identical copies.



L. S.



Dr. Edvard Beneš in r.



L. S.



C. Psaroudas in r.



Prozkoumavše this endorsement of the Pact and we confirm it.



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

The Czechoslovak přitisknouti dali.



Prague Castle on 26 April. December devítistého the twentieth one thousand years

the ninth.



The President of the 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 17. October

1930, which on the date of acquiring the international scope of the Pact.



Dr. Edvard Beneš in r.