71/1930 Coll. and n.
Convention
on the management of judicial, arbitration and conciliation between Czechoslovakia and Estonia
On behalf of the Czechoslovak Republic
On behalf of the Czechoslovak Republic
and
the Republic of Estonia
This Convention was agreed:
(Translation)
Convention
on the management of judicial, arbitration and conciliation between Czechoslovakia and Estonia
The President of the Czechoslovak Republic and the President of the Republic of Estonia
sincerely desiring prohloubiti's mutual trust, the peace between the upevniti
Nations, and to that end, the East by peaceful means the settlement of disputes,
that would probably do between their States,
Recognizing that the rights established by neb šetřiti arising from the
international law is binding on international courts
Recognizing that the rights of any State cannot be modified, but with its
the agreement,
considering that the sincere observance of peaceful driving under the auspices of the
The League of Nations allows all international disputes, rozřešiti
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 solution of international disputes,
they decided to vtěliti in their common intention to Convention and name their
agents:
The President of the Republic:
Mr. Vladimir black woman,
legačního Council of the Czechoslovak chargé d'affaires a. i. in Estonia,
The President of the Republic of Estonia:
Mr. Jan Lattika,
Minister of Foreign Affairs,
who, složivše his full power, which they found in good and due form,
They agreed on the following provisions:
Title I.
About the peaceful settling of disputes at all
Article 1
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 imposed by the Convention proceedings, arbitration or court
conciliation.
Article 2
1. disputes, for which a solution is in other applicable conventions between the opposing
special procedure prescribed by the parties, will be dealt with according to the provisions of
These conventions.
2. this Convention shall be without prejudice to the applicable agreements governing the High Contracting
between the Parties establishing conciliation, or in the scope of the arbitration and
what commitments legal proceedings to settle the dispute. If the tourism
However, in those agreements only to control the justice shall, after the negative
the result of the provisions of this Convention that relate to the management of
the Court or judge.
Article 3
1. In the case of dispute, the subject according to the internal legal order of one of the
Party belongs to the jurisdiction of the courts or administrative authorities, this page will be
be able to dispute for it was subjected to any proceedings under this
The Convention, until recalled to court (the Office) has not made within a reasonable time
the final decision.
2. a party, which in this case will have a plan to uchýliti to
procedure laid down in this Convention, shall, in writing, their intention to oznámiti
the other side, within one year of the decision mentioned above.
Title II.
On the management of the Court
Article 4
All disputes in which the parties were right, they will be
presented to judge what the Standing Court of international justice, but
should the parties agree on manner as indicated below, by contacting the judge
the Court.
Is the consensus among the disputes referred to above, in particular those of the fall
which makes mention of article 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 selection of the arbitrators and the procedure, according to which it is
postupovati. If they are not in compromise data or rather postačitelné
accurate shall be used, if appropriate, the provisions of the Hague Convention of 18.
October 1907 on conciliatory dealing with international disputes. It does not identify the
the compromise, which the substantive law to the arbitrators, the říditi
the Court of arbitration rules referred to in article 38. Of the Statute of the Permanent Court of
international justice.
Article 6
If the parties cannot shodnouti a compromise referred to in the preceding
Article, unless the provisions of the Arbitration Board, the one or the other
party after the previous three months ' warning vznésti requests the dispute directly
the Permanent Court of international justice.
Article 7
1. as regards the dispute identified in article 4, the parties may, before any
management at the Permanent Court of international justice or before any
the arbitration proceedings by mutual agreement, uchýliti first to control
conciliation, as is provided for by this Convention.
2. If the conciliation procedure and not to have failed, none of the parties
vznésti dispute to the Permanent Court of international justice or to insist that the
constitute the arbitral tribunal referred to in article 5, if the Outbox for one month from the
termination of the work of the Conciliation Commission.
Title III.
On the management of the Justice of the
Article 8
Any dispute between the parties, with the exception of those that are indicated in the
Article 4 shall be binding subject to the conciliation procedure.
Article 9
Disputes in the previous article shall be marked with raised on a permanent or on a
the special conciliation Commission shall draw up, by the parties.
Article 10
The request, sent by one party to the other party, shall establish the
six months of Permanent Conciliation Commission.
Article 11
The Conciliation Commission shall be drawn up, but the parties have been otherwise appointed as follows:
1. The Commission shall be five members. Each Party designates one Commissioner,
that can be chosen from their own nationals. The other three
the Commissioner shall be determined jointly by agreement of the nationals of third powers. These
must be of different nationality, may not have the usual their
residence in the territories of the parties, or be in their services. Of them one
designates the President of the Commission, the parties.
2. the Commissioner shall be appointed for a period of three years. Will be able to be again
to be elected. Agreement between the parties will be jointly designated by the Commissioner may be nahraditi
in other, even until their mandate is not expired. Each of the parties will, at any time
off nahraditi Commissioner, which itself was named. Even though they were
nahraženi other, will remain in Office until the Commissioner terminates its work
already initiated.
3. If any Vacant place of death, resignation, or for any
another hurdle, will occupy at the time again as quickly as possible, in the
specified for the appointment.
Article 12
If at the time when the dispute arose, as there is not a permanent Conciliation Commission appointed
the Parties shall establish a Special Commission to investigate the dispute, within
three months from the request, sent by one party to the other. Appointment of the members
shall be carried out pursuant to the preceding article, but the parties have decided about it
otherwise.
Article 13
1. If the appointment of the Commissioners, who have to be identified, together with the
did not happen within the time limit prescribed in articles 10 and 12, entrust the care of
the necessary appointment of third powers, which will be chosen by the parties jointly
by agreement, or, if that is the desire of the parties, President-in-Office of the Council
The League of Nations.
2. If there is no agreement about any of these ways, each Party shall designate a
different power and the appointment becomes an agreement between the great powers as follows
selected.
3. If these two powers will not be able to dohodnouti within the time limit
the three-month, will propose to each of them, so many candidates to appoint
members. Who from among the candidates proposed as follows will be admitted, decides
Los.
Article 14
1. The Conciliation Commission may, dovolati requests, which shall report to the President of both
the parties, by agreement, or, if there is no such agreement, he shall submit one or
the other party.
2. the application will be obsahovati in addition to a brief summary of the dispute challenge
suggesting the Commission to take all 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 15
1. Within 14 days of the date on which one of the parties raised the dispute to a permanent
Conciliation Commission, each of them to explore this dispute nahraditi
its Commissioner, a person especially eligible in case of it.
2. a party that uses this law, it shall notify without delay to the side
the second; This will then be able to do the same thing, and this within a two-week
the date on which the notification it has occurred.
Article 16
1. If the parties have not agreed otherwise, the Conciliation Commission shall meet at the headquarters of
The League of Nations neb in any other place, which marks its
the President of the.
2. the Commission may at any time Company Secretary-požádati
Nations to support it in its work.
Article 17
The work of the Conciliation Commission will be public, but if agreed on how the Commission
consent of the parties.
Article 18
1. If it is not opposite to the agreement of the parties, the Conciliation Commission's adjusted itself to the proceedings,
that must always be disputed. During the investigation, the Commission will, if unanimous
decides otherwise, the provisions of title III, říditi. The 1980 Hague Convention
October 18, 1907 on conciliatory dealing with international disputes.
2. the parties are to send representatives to a Conciliation Commission, which task will be
zprostředkovati between them and the Commission; Moreover, those parties to the přizvati
consultant and expert, which for this purpose shall designate, and to insist on a hearing
any person whose testimony they seemed useful.
3. the Commission, for its part, 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 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 parties undertake to facilitate the work of the Conciliation Commission and, in particular, that her
to the fullest extent shall provide all the necessary documents and explanations
as well as using all the resources that they are on hand to her
permit on their territory and under their předvolávati and legislation
vyslýchati witnesses and experts, and set out to do a local investigation.
Article 21
1. For the work of the Conciliation Commission, each of the Commissioners shall receive compensation; her
above will be established jointly by agreement of the parties, each of which pays
the same amount.
2. General expenditure, which emerge from the work of the Commission, with the same
way.
Article 22
1. the task of the Conciliation Commission will be to clarify the issues, took a
the purpose of the investigation or otherwise all the necessary explanations and to
sought by smířiti. The Commission prozkoumavši the case may navrhnouti
terms of the settlement, which she seemed appropriate, and may
should the time limit to submit their comments.
2. At the end of their work takes a Commission check by writing stuff either,
that the parties have agreed, and, where necessary, of the conditions, or that the
the parties could not be reconciled. This notation does not obsahovati the mention of
whether the decision of the Commission became a 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, without delay, be notified to the parties. The parties will decide to
with the uveřejniti.
Article 24
Unless otherwise agreed by the parties within a month after the end of the work of the Conciliation Commission, the
the dispute continues to podléhati article 15. The Pact of the League of Nations. This
provision does not apply for the State of affairs of the vylíčeného to in article 7.
Title IV.
General provisions
Article 25
1. at any time the dispute dealt with in any arbitral or judicial proceedings, and
especially if the question at issue between the parties has its origin in deeds,
that have already become, or have the right to be carried out, the Permanent Court
International Justice in accordance with article 41. its Statute, or the arbitration
the Court shall, in the shortest period of time, what interim measures will have to do.
Parties are obliged to submit to them.
2. If a dispute has been brought to the Justice Commission of the doporučiti parties
provisional measures, that will call for appropriate.
3. the parties undertake to refrain from any measures that could
have a detrimental effect on the performance of legal or arbitration statement or on the
the settlement proposed by the Conciliation Board, and all that do not take anything, no matter
would it be anything that could zostřiti neb rozšířiti dispute.
Article 26
He said if the neb judge that the decisions or measures
made by a court or any authority of one of the parties to the dispute is completely
NEB partly contrary to international, and if the constitutional
the law allows the parties concerned or recognised only imperfectly
odčiniti the consequences of this decision or measure, the parties agree to
the Court of arbitration the neb statement admitted the injured party reasonable
satisfaction.
Article 27
1. The present Convention is to use between the High Contracting Parties, even if the
If a third power in the dispute of interest.
2. the conciliation proceedings, the parties may jointly by agreement přizvati the third
power.
3. in the proceedings by the arbitration of a third power, the neb may, if it considers that the
the dispute is without prejudice to any of its legal interest in, administer the application to the Standing
the International Court of Justice or to an arbitral tribunal, as
a third party, be accepted for intervention.
The Court of Justice of the neb.
4. With regard to the interpretation of the Convention which are associated States other than questionable
the parties will notify them immediately to Office of the standing International Court of Justice
Justice Court of arbitration the neb.
Each of them will have the right of intervention in the dispute; the use of this
the options will be the interpretation contained in the judgment of whether or not binding for it.
Article 28
Disputes concerning the interpretation or application of this Convention, including (i) the nature of the disputes
controversy, will be raised on the Permanent Court of international justice.
Article 29
This Convention, being in accordance with the Pact of the League of Nations, it will not
interpreted as if limiting the Mission of Nations, přikročiti
at any time, to those that are with it, effectively world peace and long life.
Article 30
1. this Convention shall be ratified and the ratifications exchanged in Tallinn.
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. Unless terminated by at least six months before the expiry of that period,
shall remain in force for a new period of five years and continue to be so.
4. The Convention has been cancelled would Be one of the Contracting Parties,
the proceedings at the date of expiration of the Convention was already in the stream,
Let us proceed to the regular end of the.
Which caused the above appointed plnomocníci have signed this Convention.
Done in Tallinn, on 9 April. July 1929 in duplicate.
On Roulette in the r..
J. Lattik in r.
Prozkoumavše endorsement of this Convention, and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
Prague Castle on 29. April devítistého thirty-one thousand years.
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 27. may
the 1930s and the Convention acquired by no. 30 on the date of the exchange of the ratification of the scope.
Dr. Edvard Beneš in r.
