25/1931 Sb.
Convention
on the management of conciliation, arbitration and the Court between the Republic of Czechoslovakia and
Kingdom of the Belgian
On behalf of the Czechoslovak Republic and the Kingdom of Belgium has been negotiated
This Convention:
(Translation)
Convention
on the management of conciliation, arbitration and the Court between the Republic of Czechoslovakia and
Kingdom of the Belgian
The President of the Republic on the one hand, and his Majesty
King of the Belgians on the other side inspired by a happy friendly contacts,
that connect their peoples,
honestly you desiring to ensure the settlement of disputes by peaceful means, that
I do between their States,
Recognizing that the rights established by šetřiti, or resulting from
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 resolution of 26 October. 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 Czechoslovak Republic
Mr. Edvard Beneš, Dra
Minister of Foreign Affairs, and
His Majesty the King of the Belgians
Mr. de Raymond,
velkokřižníka of the order of the White Lion, the Commander of the order of the Crown,
officer of the order of Leopold, the extraordinary Envoy
and splnomocněného of the Minister,
who složivše his full power, which they found in good and due form,
They agreed on the following provisions:
Title I Of The
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
Disputes, for which a solution is in other applicable conventions between the high
special procedure prescribed by the parties, will be dealt with according to the
the provisions of these conventions.
Article 3
1. In the case of dispute, the subject according to the internal legal order of one of the
the High Contracting Parties belong to the jurisdiction of the courts or administrative
the authorities, the party will be able to dispute for it was subjected
any proceedings under this Convention until called upon the Court (Office)
has not made a definitive decision within a reasonable time.
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 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, 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 regulated by the 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 of the
Article 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 on a
the special conciliation Commission shall draw up, by the parties.
Article 10
To request one of the High Contracting Parties to the other party, shall establish
within six months a permanent Conciliation Commission.
Article 11
The Conciliation Commission shall be drawn up, but the High Contracting Parties would otherwise be
on this issue, as follows:
1. The Commission shall be five members. Each of the High Contracting Parties marks after
one Commissioner, which can be selected from our own State
members. The other three Commissioners shall be determined jointly by agreement of
nationals of third powers. These must be of different nationality,
they may not have their habitual residence in the territory of the parties, or be 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 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 High Contracting
the parties will ever leave nahraditi Commissioner, which itself was named.
Although they were nahraženi by other Commissioners remain in Office until the
ends 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 short as possible and that the procedure
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 it
within a period of three months from the request, 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, or 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
sprostředkovati 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 may propose to the prozkoumavši thing
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. Enrollment will not be obsahovati the mention of whether
Commission decision happened unanimously or by 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
the uveřejniti
Title IV
On the management of the arbitration
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.
Article 27
In the shortest period of time shall take measures to ensure that the place of death, uprázdněná
resignation or for any other obstacle was again occupied by the procedure
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 Of The
General provisions
Article 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 in accordance with articles 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 the Court of any one of the neb Office parties, 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, high
the Contracting Parties agree that the Court or the judge admitted the statement
the injured party a decent achievement.
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
interpreted as if 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 Brussels.
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 High Contracting Parties,
will be in control 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 agents have signed this Convention.
Done at Prague on 23. April 1929 in duplicate.
L. s. Dr. Edvard Beneš in r.
L. s. a. de Raymond v. 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.
The Radava 19 December October devítistého the twentieth one thousand years
the 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 4 October.
November 1930, which on the date of the Convention pursuant to article. 37 international acquired
the scope of the.
Dr. Edvard Beneš in r.
