About The Peaceful Handling Of Any International Dispute With Norway

Original Language Title: o pokojném vyřizování veškerých mezinárodních sporů s Norskem

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101/1930 Sb.



about the peaceful handling of any international disputes between the

Czechoslovakia and Norway.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic



and



the Kingdom of Norway



This Convention was agreed:



(Translation.)



Convention



about the peaceful handling of any international disputes between the

Czechoslovakia and Norway.



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

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:



Dra Edvard Beneš,



Minister of Foreign Affairs of the Republic of Czechoslovakia,



His Majesty the King of Norway:



their Prime Minister and Minister of Foreign Affairs,



Mr. Louis Mowinckela,



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 this Convention proceedings the Court or arbitration to which

It will be předcházeti, depending on the nature of things, a compulsory or optional basis management

Justice of the peace.



Article 2.



1. disputes, for which a solution is, other applicable treaties between the parties

prescribed special procedure will be discussed 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 arbitration in the scope 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, in the manner indicated below, by contacting the judge

the Court.



Is 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 substantive law should judge říditi, it

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, or 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

the Court is established pursuant to article 5, until one month after the end of

the work of the Conciliation Commission.



Title III.



On the management of the justice.



8.



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

Article 4., will, before he will be able to projednávati the proceedings

arbitration, binding subject to a conciliation procedure.



Article 9.



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

the special conciliation Commission shall draw up, by the parties.



Article 10.



The request sent by one party to the other party shall be in

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

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 upon the 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 a time when a dispute arises, there is a permanent Conciliation Commission

appointed by the parties, shall establish a Special Commission to investigate the dispute, and

within three months of the request, which shall be sent by one party to the other.

Appointment of the members pursuant to the preceding article is made, but the parties

about decided 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 article 10. and the 12th, 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

from the date on which the notification 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

unanimously decides otherwise, the provisions of title III, říditi.

The Hague Convention of 18. October 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, can the parties 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 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 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 thing, can 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 things, 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.



Title IV.



On the management of the arbitration.



Of article 24.



If within one month after the end of the work of the Conciliation Commission, referred to in

the previous articles, the parties have agreed otherwise, the question will be raised with the

the Court of arbitration, which shall be drawn up, if the derogation is not agreement of the parties,

in the manner indicated below.



Article 25.



The Court of arbitration will be to put confidence of five members. The Parties shall designate one at a time,

who will be able to be selected from their own members. The other two

judge and the Chief Judge shall be determined jointly by the agreement of the members of the

third powers. These then must be nominated by the various State

jurisdiction, shall not have their habitual residence on the territory of the parties, or

must not be in their services.



Article 26.



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

When one party has sent a second request to the Court of arbitration was established,

entrust the care of the necessary appointment of a third power, chosen jointly by the

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 so designated otherwise within three months,

does the President of the Court of justice the necessary appointment of the standing international

Justice. If this busy or national of one of the

the parties will carry out the appointment of Deputy Chairman. If he is too busy, or

a member of one of the parties, is the oldest Member of the Court of Justice does, that

It is not a national of either party.



27.



In the shortest period of time shall take measures to ensure that the place of death, uprázdněná

his resignation was another obstacle to the neb for again, in the

specified for the appointment.



Article 28.



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

It is postupovati.



Article 29.



If they are not about matters just mentioned in compromise data postačitelné

or rather accurate, it shall apply, if appropriate, the provisions of the Hague

Convention of 18. October 1907 on conciliatory dealing with international disputes.



Article 30.



If there is no compromise, within three months from the establishment of the Court, invokes him

one side or the other of the applications.



Article 31.



If he does not compromise on that provision, or if there is not a compromise, it's

as to the substantive law, the Court rules referred to in article 38. The Statute of the

The Permanent Court of international justice. If there is no such rules,

which you could use it on the dispute, the Court will rozhodovati ex aequo et bono.



Title V.



General provisions.



32.



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,

which have already become, or have the right to be carried out, the Permanent Court of international

Justice referred to in article 41. its Statute, or the Arbitration Tribunal shall determine in

as soon as the provisional measures to be taken. The parties

they are required to podříditi.



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 the referee's opinion or the NEB.

the settlement proposed by the Conciliation Board, and all that do not take anything, no matter

would it be anything that could zostřiti or rozšířiti dispute.



Article 33.



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, it is completely

or in part, in violation of international law and the right to

the constitutional parties concerned at all or only the organism allows

the consequences of this decision are poorly odčiniti or measures, the parties

agrees that judicial or arbitral statement admitted the injured party

decent compensation.



Article 34.



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 the Court or arbitration can the third power, if it considers,

that 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.



Of Justice or the Court shall decide.



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

of Justice or the arbitral tribunal.



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 35.



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 36.



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

shall be construed as limiting the Mission of the League of Nations přikročiti

at any time of the measures, which are in a position effectively to world peace and long life.



Article 37.



1. this Convention shall be ratified and the ratifications exchanged at Oslo.



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 at Geneva, on 9 April. September 1929 in duplicate.



L. s. Dr. Edvard Beneš in r.



L. s. j. l. Mowinckel 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.



In the castle of Prague, on July 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 20 April. may

1930, which on the date of the Convention pursuant to article 37. acquired the international

the scope of the.



Dr. Edvard Beneš in r.

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