174/1929 Sb.
The General Act
on the management of conciliation, arbitration and judicial agreements between Small States.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
TOMAS G. MASARYK,
THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC,
To ALL,
WHO THIS SHEET WILL BE READ OR HEAR THE OFT,
"GOOD MORNING".
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC,
KINGDOM OF ROMANIA
And
THE KINGDOM OF SERBS, CROATS AND SLOVENES
THIS ACT WAS AGREED:
(Translation.)
The General Act
on the management of conciliation, arbitration and judicial agreements between Small States.
The President of the Czechoslovak Republic, his Majesty the King of Romania, and
His Majesty the King of Serbs, Croats and Slovenes inspired by happy
the friendly ties that connect their Nations and imbued with the spirit of
cordial trust characterized by mutual ties to them;
Sincerely desiring's, the East by peaceful means the settlement of disputes,
that might vzniknouti between their States;
Recognizing that IP rights established by, or resulting from
international law is binding on international courts;
Recognizing that the rights of each State cannot be modified, but with its
the consent;
Considering that the sincere observance of peaceful driving under the auspices of the
The League of Nations resolving disputes docíliti allows 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 to name a few in the Convention and its
agents:
The President of the Republic:
J. e. Mr. Eduard Beneš, Dra
the Minister of Foreign Affairs of the Republic of Czechoslovakia,
His Majesty the King of Romania:
J. e. Mr Georgeasa Mironescu,
the Minister of Foreign Affairs of the Kingdom of Romania,
His Majesty the King of Serbs, Croats and Slovenes:
J. e. Kumanudiho, Mr. Bone
the doctor's rights, the Minister of Foreign Affairs p. i. Kingdom of Serbs,
Croats and Slovenes,
who složivše his full power, which they found in good and due form,
They agreed on the following provisions.
Title I.
-About the peaceful proceeding altogether.
Article 1.
Disputes of all kinds, which have arisen between the High Contracting Parties, or
between the two of them and that it would not be possible to vyříditi the path of diplomatic,
will be subject to under the terms of this Convention proceedings before the
or arbitration, which will be předcházeti after forced neb
Optional conciliation proceedings.
This provision does not apply to disputes arising out of the circumstances that preceded the
the Convention, and that they belong to the past, as well as disputes concerning the
the questions which under international law are exclusively vyhraženy
the jurisdiction of the States.
Article 2.
(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 does not affect the applicable agreements, 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 the management of the Court and
the arbitration.
Article 3.
(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 judicial instances, that party may opříti to dispute this was
subject to a different procedure prescribed by this Convention.
(2) in the case of a dispute, which falls under the jurisdiction of the administrative offices, the
can be subject to a different procedure prescribed by this Convention until the
reasonable period of time will not be issued a final decision by the competent authority.
The party, which in this case will have a plan to uchýliti to management
laid down by 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 II.
-On the management of the Court.
Article 4.
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 of the Statute of the Permanent Court of international
Justice.
Article 5.
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.
Article 6.
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 7.
(1) as regards the disputes marked in the article. 4. 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 of 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. 5. until the time of one
months from the completion of the work of the Conciliation Commission.
Title III.
-conciliation.
Article 8.
Any dispute between the parties, with the exception of those that are shown in the
article. 4. the binding will be subjected to, before they will be able to stand
the subject of the arbitration, conciliation proceedings.
Article 9.
Disputes in the previous article shall be marked with raised on a permanent or
a special conciliation Commission established the High Contracting Parties.
Article 10.
To request one of the other High Contracting Parties will be
established within six months a permanent Conciliation Commission.
Article 11.
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 concerned, without being in the
their services. One of them marks the High Contracting Parties for
President 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 the death of neb the neb to resign for some other
an obstacle, it will be replaced in the shortest time and in the manner
laid down for the appointment.
Article 12.
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 13.
(1) if the appointment of the Commissioners, who are to be appointed together,
It did not happen within the time limit set in article 3(1). 10. and 12., care will be needed
the appointment of the powers vested in the third chosen by the parties, by mutual agreement,
NEB if these demand it, the Council of the League of Nations.
(2) if there has been no agreement on any of the following ways, each party
Specifies the different power and the appointment becomes in the agreement between the great powers as follows
selected.
(3) If, within three months, these two powers are not
dohodnouti, each of them shall propose candidates, which equals the number of
Members, who are to be appointed. Which of the following candidates contend
will be allowed, the decision of los.
Article 14.
(1) the Conciliation Commission is dovolati applications, 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 request will be obsahovati out a brief interpretation of the subject matter 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 shall
oznámiti without delay.
Article 15.
(1) within 14 days of the date on which one of the parties raised the dispute to a permanent
a Conciliation Commission may, for the analysis of each of the parties to this dispute nahraditi
its Commissioner, a person who has special competence in the matter, which
it comes.
(2) a party which 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 16.
If the parties have not agreed otherwise, the Conciliation Commission shall meet at the place indicated by the
Chairman.
Article 17.
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 18.
(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. 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 19.
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 20.
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 21.
(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 of the parties, each of which shall be borne by
the same amount.
(2) the general expenses caused by the activities of the Commission will be divided in the same
way.
Article 22.
(1) the task of the Conciliation Commission will be to clarify the issues, took a
to this end, all the necessary reports, investigation or otherwise, to
sought a reconciliation of the parties. The Commission prozkoumavši thing, can navrhnouti
Text of the agreement to the parties, which she seemed appropriate, and should
the deadline to submit their comments.
(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 conditions 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 23.
Write the Commission will promptly brought to the attention of the parties. Parties decide to
on its publication.
Title IV.
-Management arbitration.
Article 24.
If within one month after the end of the work of the Conciliation Commission appointed in
the previous articles, the parties have agreed otherwise, 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
identified below.
However, if both parties agree on it, the question is if the character
the policy, to be presented to the League of Nations, which shall decide
According to the article. 15. The Pact.
Article 25.
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 permanent residence in the territory of the
stakeholders may be without their services.
In article 26.
(1) in the absence of the appointment of the members of the arbitral tribunal within three months from
the date on which it was sent to the other side of one of the parties to the arbitration request
the Court 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 the different power and
the appointment of powers agreement becomes as follows the selected:
(3) if the powers that be have not agreed within three months, will be
necessary appointment of President of the Standing Court of international
Justice. If this busy neb if a national of one of the
The parties, the appointment will be made Vice President. If this
busy or if a national of one of the parties, the appointment of
the oldest Member of the Court of Justice carried out, which is not a national of any of the
Party.
In article 27.
In the shortest time, measures shall be taken to once again was occupied by space
uprázdněná death, the neb to resign for another obstacle, and that way,
laid down for the appointment.
Article 28.
By sepíší compromise, defining the subject matter of the dispute and the proceedings, according to which
It has to be followed.
Article 29.
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.
Article 30.
If not to the conclusion of the compromise, within three months from the provisions
of the Court, invokes him one or the other party addressed letters rogatory.
Article 31.
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, that could be use on
the dispute, the Tribunal shall judge ex aequo et bono.
Title V.
-Disputes between the three parties.
Article 32.
In the event that a dispute among all the High Contracting Parties,
you will need to dodržovati when using the procedure described in the preceding
the provisions of this policy:
To control the justice will always be a Special Commission established. Its composition
It will be různiti, depending on whether all parties will have different interests,
or whether the two of them go together.
In the first case, each party will appoint one Commissioner and together
the Commissioner shall determine who are nationals of third powers, of which the number of
It will be one greater than the number of Commissioners appointed by each party to the
in particular.
In the second case, the Parties shall agree, together with the sequence on the common
the appointment of its own Commissioner and in accordance with the other side about
the identification of other Commissioners.
In one of the second Party shall apply, provided if you disagree
something different, article 12. and following this Convention to the extent compatible with the
the provisions of this article.
As regards the management of the Court, the Statute of the Permanent Court will be used
international justice.
As regards the management of the arbitration, the parties could not agree on the composition of the Court and
in the case of disputes that are marked in the article. 4., each of them will be able to vznésti
directly addressed letters rogatory dispute at the Permanent Court of international justice; in the case of
disputes marked in the article. 8. the article will be used. 25. and following, but
each of the parties having special interests will appoint an arbitrator and
the number of arbitrators appointed by the parties separately, will always be the one
smaller than other arbitrators.
Title VI.
-General provisions.
Article 33.
(1) in all cases in which the dispute is subject to arbitration
NEB of the Court, especially when 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, ordered according to the article. 41. your status,
NEB Arbitration Tribunal shall determine as soon as possible interim measures,
that 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 the neb the neb decision on
the settlement proposed by the Conciliation Board, and will not allow any act,
of any kind, which could be a dispute zostřiti neb rozšířiti.
Article 34.
If the Court's verdict would be arbitration the neb declared that some
the decision or order made by a court or any other authority of the one
of the parties existing in the dispute is inconsistent with either the neb
international law, constitutional law, and if the party concerned did not
neb at all did not completely odstraniti the consequences of this decision, the neb
This measures the parties agree that the Court will have to be
the referee's verdict damaged side want a decent achievement.
Article 35.
(1) this Convention is to use between the High Contracting Parties, even if the
a third power has an interest in the dispute.
(2) in conciliation proceedings, the parties may by common agreement a third pozvati
power.
(3) in any proceedings by the neb arbitration, a third power, if it considers,
in a dispute that is, if she is concerned, without prejudice to her interest in nature
request to administer a legal, Permanent Court of international justice or the
the Court of arbitration, to how.
Of Justice or the Court shall decide.
(4) in the case of 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 36.
Disputes relating to the interpretation of the neb application of this Convention including those relating to the
qualification of disputes will be submitted to the standing International Court of Justice
Justice.
Article 37.
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 38.
(1) this Convention shall be ratified and the instruments of ratification will become the replacement in
Bucharest. 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 not 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) Notwithstanding 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 Belgrade, on 21 February 2006. of may, one thousand nine hundred twenty-nine and three
identical copy.
L. s. Dr. EDVARD BENEŠ in r.
L. s. g. g. MIRONESCU v. r.
L. s. Dr. k. KUMANUDI in r.
SHLÉDNUVŠE AND PROZKOUMAVŠE THIS ACT, DECLARE IT AS APPROVED,
ACCEPTED, CONFIRMED AND STABILIZED AND THE POWER OF THIS SHEET SIGNED BY OUR
THE HANDS OF THEIR OWN TO ANY ENDORSEMENT, WE ACCEPT, WE CONFIRM AND UTVRZUJEME,
IN A WORD, PROMISING ON BEHALF OF THE CZECHOSLOVAK REPUBLIC, THAT IT FIRMLY AND
SHOULD BE KEPT SACRED, AND WE WON'T LET ANYTHING HAPPEN TO THE BRANCH WAS AGAINST HIM FROM THE
ANY CAUSE AND ANY IMAGINARY WAY.
THE CONSCIENCE WE PREACH THIS VYHOTOVITITI SHEET AND SEAL
THE CZECHOSLOVAK REPUBLIC PŘITISKNOUTI.
Which is GIVEN in the RADAVA 23 December 2003. AUGUST, SUMMER, ONE THOUSAND DEVÍTISTÉHO
THE TWENTY-NINTH.
The President of the Republic:
T. g. MASARYK in r.
Minister of Foreign Affairs:
Dr. EDVARD BENEŠ in r.
Is that the instruments of ratification were exchanged on 16.
November 1929, and that the General Act acquired pursuant to article. 38 scope of day
the exchange of ratifications.
Dr. Edvard Beneš in r.
