177/1926 Sb.



CONCILIATION AND ARBITRATION AGREEMENT



between the Republic of Czechoslovakia and the Republic of Austria



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, greetings.



On behalf of the Czechoslovak Republic



and



the Republic of Austria, the



This agreement has been negotiated:



CONCILIATION AND ARBITRATION AGREEMENT



between the Republic of Czechoslovakia and the Republic of Austria



The President of the Czechoslovak Republic and Federal president of the Republic

Inspired by a desire to Austria rozvíjeti friendly ties, which both

the country, determined to a wide degree of thought in their relations

the policy, which the spirit spreads the League of Nations, in compliance ensure

implementation of the commitments already adopted or to be adopted and apply

of peaceful dispute resolution, conciliation and arbitration uzavříti

Agreement, and for this purpose its name plnomocníky, namely:



The President of the Republic:



Mr. Edvard Beneš, dra



Minister of Foreign Affairs of the Republic of Czechoslovakia;



The Federal president of the Republic of Austria:



Mr. Rudolf Ramka, dra



the Federal Chancellery,



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

the form, have agreed on the following provisions:



PART I.



Article 1



All disputes between Czechoslovakia and Austria, whether any

nature, in which the parties were in dispute about some legal

the claim and which could not be amicably with ordinary rozřešeny way

diplomatic will be submitted to the International Court of Justice finding either the Standing

of Justice or to an arbitral tribunal, as stipulated below.



Disputes, for which the resolution prescribed a specific procedure in other

conventions in force between the High Contracting Parties, will be handled

According to the provisions of these conventions.



Article 2



The procedure before the Permanent Court of international justice or

any arbitration proceedings, the dispute may, by mutual agreement of both parties

to be submitted for settlement of the Permanent International Commission, called "the Permanent

Justice of the peace ', set up by the Commission in accordance with this agreement.



Article 3



In the case of dispute, the subject of the internal legal order by one

of the parties belong to the jurisdiction of the domestic courts, including administrative and

the authorities held the judiciary will not be subjected to a prescribed management dispute

This agreement, until the authority of the appropriate domestic court in matters decided

within a reasonable time definitively.



Article 4



A permanent Conciliation Commission referred to in article 2. It will be to put confidence of three members,

who will be determined as follows: the Government of Czechoslovakia, and the Government of Austria will be

appoint each for itself after one member of their members, and to determine

the Commission President by common accord of the nationals of third powers:



Members are appointed for three years; their mandate is renewable.

Remain in Office until they are replaced and, in any case, to end their

work has already started at a time when their mandate expired.



Places that would uprázdnila the death, to resign, or from any other

the reasons will be filled in the shortest period of time according to the rules prescribed

for appointment.



Article 5



A permanent Conciliation Commission will be set up within six months after what are dangerously high in the

the validity of the contract. 88



If the President of the Commission has not been designated in the said period or, in the case of

repopulation, in the time of three months from the day when, instead of uprázdnilo, you will

President of the Federal Council of the Swiss, if it wasn't for other agreements,

asked to perform the necessary appointment.



Article 6



A permanent Conciliation Commission can be dovolati applications, which shall report to the President

both parties acting in common agreement, or, if no such

the agreement, give one side or the other.



The request will be obsahovati, outside of a brief interpretation of the subject matter, the challenge

controlled Commission to take any measures that could lead to the

settlement.



If the application only from one side, it must be this page oznámiti

without delay.



Article 7



Within fourteen days of the date when the Government or the Government of Austria, Czechoslovakia

raised a dispute on a permanent Conciliation Commission, each of the parties may, for the analysis of

This dispute, member seconded from their respective members of the nahraditi person

that has special competence in the matter, which it is.



The party would use this law, it shall notify without delay the side

the second; This may in this case to do the same thing within fourteen days from the

the date of the notification has occurred.



Article 8



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 that

It has sought a settlement of the parties. The Commission, the prozkoumavši thing, can navrhnouti

Parties that she seemed appropriate, and should specify the period

to comment on.



At the end of its work, the Commission shall make a notation to the effect, according to the case,

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

the parties could not be straightened.



The work of the Commission must, unless the parties agree otherwise, be initiated to

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



Article 9



Unless special provisions in the opposite of the content it modifies the Permanent

the Conciliation Commission alone control mode, which in any case must be

questionable. During the investigation, the Commission will, if unanimously decides otherwise,

říditi the provisions of title III. (International Commission of inquiry)

The Hague Convention of 18. the peaceful settlement of October 1907 international

disputes.



Article 10



A permanent Conciliation Commission shall meet, unless a different agreement between the parties, the

place to be determined by its President.



Article 11



The work of a permanent Conciliation Commission are public only when the Commission

in the consent of the parties, shall decide.



Article 12



The parties will have a Permanent Conciliation Commission at its representative, who will

serve as intermediaries between them and the Commission; Moreover, can the parties

přibrati Advisor and experts appointed for this purpose by them and to insist on a

the hearing of any person whose testimony they seem 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, when

that would be considered useful it předvolati with the consent of its Government.



Article 13



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. Each Member has the right to one vote. In the case of

tie, the vote of the Chairman decides.



The Commission may make a decision on the merits of the dispute only when all

Members were duly convened are present when the Chairman and not less than

one member.



Article 14



The Government of Czechoslovakia and Austria will undertake to facilitate a permanent justice of the

the Commission's work and, in particular, that it will give the greatest of all

documents and reports, as well as the need to use all the resources that

they are on hand to allow on its territory and in accordance with their national legal

order předvolávati and hear witnesses and experts, and set out to do an investigation on

spot.



Article 15



For the work of the Permanent Conciliation Commission shall receive compensation for each of the members whose

the amount will be determined by mutual agreement between the Governments of Czechoslovakia and

The Austrian.



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

of the Commission.



Article 16



In the absence of prior to a permanent Conciliation Board to a settlement, the dispute shall be in agreement

submitted to the Permanent Court of international justice, under the conditions and according to the

the rules of procedure laid down by its Statute.



If there is no agreement between the parties, the other party will be one neb when

one month before it was pointed out, have the freedom to vznésti

requests the dispute directly to the Permanent Court of international justice.



The provisions of this article shall not restrict in any way the freedom party předložiti

the dispute in the agreement to arbitration under the conditions and according to the rules of procedure

laid down in the Hague Convention of 18. the peaceful settlement of October 1907

international disputes.



PART II.



Article 17



All of the issues on which the Government, the Government of Czechoslovakia and Austria were

rozdvojeny without them amicably with ordinary rozřešiti way

diplomatic, and the finding could not be, how

prescribed in article 1. This agreement, and for that already in other

conventions in force between the parties was not prescribed any way,

It will be submitted to a permanent Conciliation Commission, which will be responsible for navrhnouti

a solution acceptable to the parties and in any case not administer message.



The proceedings provided for by articles 6. up to 15. This agreement also applies here.



Article 18



If within one month from the day when Permanent Conciliation Commission ended its

work, both parties agree, the Parties shall make every effort to reach a

the agreement that raise a question on the Permanent Court of international justice to

decision within the meaning of 2. paragraph of article 38. Of the Statute of the Court of the said

the Court of Justice.



General provisions



The Government of Czechoslovakia and Austria are committed to each other, that is,

If it takes the proceedings commenced under the provisions of this agreement, all

the measures, which could have a negative effect either on the implementation

the decision of the Permanent Court of international justice or adjustment

the proposed Permanent Conciliation Commission, and do not take anything at all that might

It was, which could přiostřiti or rozšířiti dispute.




In all cases, and especially when the question of which are the parties to the dispute,

is the result of actions which have already been carried out, or have the right to be

executed, the Permanent Court of International Justice decides, pursuant to article

41. your status, shall, in the shortest possible time, which the interim

measures have to be taken. The High Contracting Parties undertake to

subjected to the provisional measures indicated as follows.



Article 20



The cause of all disputes in the interpretation of this Agreement shall be submitted to the Standing

the International Court of Justice.



Article 21



This agreement shall be ratified and the instruments of ratification shall be exchanged in

Prague, wherever possible.



The contract is concluded for a period of ten years, reckoned from the date of the exchange of

instruments of ratification. If it is not denounced by at least one year before the

the expiry of this period, it shall remain in force for a further period of ten years and

so on.



On conscience plnomocníci this contract signed.



Given in Vienna, Austria, on July 5. March 1926.



Dr. Edvard Beneš-v.r.



Dr. v.r. Ramek



Shlédnuvše and prozkoumavše this agreement, declare that it schválenu,

přijatu, assurance and utvrzenu and by the power of this sheet signed by our

the hands of own it any endorsement, we accept, we confirm and utvrzujeme,

in a Word, promising on behalf of the Czechoslovak Republic, it firmly and

should be kept sacred, and we won't let anything happen to her was from the branch

any cause and any imaginary way.



The conscience we preach this vyhotoviti sheet and seal

the Czechoslovak Republic přitisknouti.



Which is given at the castle of Prague, on 26 April. may one thousand years

devítistého twenty-sixth.



The President of the Republic:



T.g. Masaryk v.r.



L.S.



Minister of Foreign Affairs:



Dr. Edvard Beneš-v.r.



Is that the instruments of ratification were exchanged in Prague on

May 31, 1926, which came into force on the date of the contract.



Dr. Benes v.r.