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Original text
(Status on 22 August 2006)
Any disputes of any kind between two or more Parties having acceded to this General Act which could not have been resolved by diplomatic means shall be, save as may be provided for in Art. 39, subject to the conciliation procedure under the conditions laid down in this Chapter.
Disputes referred to in the foregoing Article shall be brought before a permanent or special Conciliation Commission established by the parties concerned.
On the request to that effect by a Contracting Party to one of the other Parties, a Permanent Conciliation Commission shall be established within six months.
Unless otherwise agreed by the parties concerned, the Conciliation Commission shall be constituted as follows:
If, in the case of a dispute, there is no permanent conciliation commission appointed by the parties in dispute, a special commission shall be established for the examination of the dispute within three months of the request made By one party to the other. Appointments shall be made in accordance with the provisions of the foregoing Article, unless otherwise decided by the Parties.
1. If the appointment of the Commissioners to be appointed in common does not take place within the time limits laid down in Art. 3 and 5, the necessary appointments shall be entrusted to a third power chosen by common accord of the parties or, if they so request, to the President-in-Office of the Council of the League of Nations.
2. If the agreement does not establish itself with respect to any of these processes, each party shall designate a different Power and the appointments shall be made jointly by the Powers thus chosen.
If, within a period of three months, these two Powers have not been able to agree, each of them shall nominate candidates in equal numbers to that of the members to be appointed. The fate will determine which of the candidates will be admitted.
1. The Conciliation Commission shall be seised by way of a request to the President, by both parties acting by mutual agreement, or, failing that, by either party.
2. The request, after summarily set out the subject-matter of the dispute, shall contain the invitation to the Commission to proceed with any measures which may lead to conciliation.
3. If the request emanates from only one of the parties, it shall be notified by it, without delay, to the other party.
1. Within 15 days from the date on which one of the parties has brought a dispute before a permanent Conciliation Commission, each party may, for the purpose of examining the dispute, replace its Commissioner by one person Having a special competence in the matter.
2. The party who will use that right shall immediately notify the other party; in that case, the other party shall have the right to act within a period of 15 days from the date on which the notification has been received.
The Conciliation Commission shall meet, unless otherwise agreed by the parties, at the headquarters of the League of Nations or at any other place designated by its President.
2. The Commission may, under any circumstances, request the Secretary-General of the League of Nations to assist in its work.
The work of the Conciliation Commission shall be public only in accordance with a decision taken by the Commission with the consent of the parties.
Unless otherwise agreed by the parties, the Conciliation Commission will settle its own procedure which, in all cases, will have to be contradictory. In the field of inquiry, the Commission, if it decides otherwise unanimously, shall comply with the provisions of Title III of the Hague Convention of 18 October 1907. 1 For the peaceful settlement of international conflicts.
2. The parties shall be represented at the Conciliation Commission by agents who have the task of acting as intermediaries between them and the Commission; they may also be assisted by the advice and experts appointed by them to that end. And ask for the hearing of all persons whose testimony would be useful to them.
The Commission will, on the other hand, have the right to request oral explanations from the agents, councils and experts of both parties, as well as to any person whom it deems useful to have the consent of their government appear.
Unless otherwise agreed by the parties, the decisions of the Conciliation Commission shall be taken by a majority of the votes and the Commission shall not rule on the merits of the dispute unless all its members are present.
The parties undertake to facilitate the work of the Conciliation Commission and, in particular, to provide it, to the fullest extent possible, with all relevant documents and information, as well as to use the means at their disposal for it Make it possible to proceed on their territory and according to their legislation to the summons and the hearing of witnesses or experts and to transport on the premises.
1. During the course of their work, each of the Commissioners shall receive compensation, the amount of which shall be determined by mutual agreement of the parties, each of which shall bear an equal share.
2. The general expenses incurred by the operation of the Commission shall be allocated in the same way.
The task of the Conciliation Commission will be to elucidate the issues in dispute, to gather all relevant information, by way of inquiry or otherwise, and to try to reconcile the parties. It may, after consideration of the matter, expose the parties to the terms of the arrangement which it considers appropriate and will allow them time to decide.
2. At the end of its work, the Commission shall draw up a record of the proceedings, as the case may be, either that the parties have arranged and, where appropriate, the conditions of the arrangement, or that the parties have not been able to be reconciled. The Minutes will not mention whether the decisions of the Commission were taken unanimously or by a majority.
3. The work of the Commission shall, unless the parties agree otherwise, be completed within six months of the date on which the Commission has been seized of the dispute.
The minutes of the Commission shall be brought to the attention of the parties without delay. It will be up to the parties to decide the publication.
Any disputes over which the parties would dispute each other a right shall be, save as may be provided for in s. 39, submitted for judgment to the Permanent Court of International Justice 1 , unless the parties agree, in the following terms, to have recourse to a arbitral tribunal. It is understood that the above mentioned disputes include those referred to in s. 36 of the Statute of the Permanent Court of International Justice 2 .
If the parties agree to submit the disputes referred to in the foregoing Article to a arbitral tribunal, they shall prepare a compromise in which they will determine the subject matter of the dispute, the choice of arbitrators and the procedure to be followed. In the absence of sufficient information or clarification in the compromise, the provisions of the Hague Convention of 18 October 1907 shall be applied to the extent necessary 1 For the peaceful settlement of international conflicts.
In the silence of the compromise on the substantive rules to be applied by the arbitrators, the Tribunal will apply the substantive rules set out in s. 38 of the Statute of the Permanent Court of International Justice 2 .
In the absence of agreement between the parties on the compromise referred to in the foregoing Article or in the absence of the appointment of arbitrators and after three months' notice, either of them shall have the right to direct, by way of request, the Dispute before the Permanent Court of International Justice 1 .
1. Notwithstanding s. 1, disputes under s. 17, which would arise between parties having acceded to the undertakings contained in this Chapter, shall be subject to the conciliation procedure only by mutual agreement.
2. The compulsory conciliation procedure shall remain applicable to disputes which, through the set of reservations referred to in Art. 39, would be excluded from the only judicial settlement.
3. In the event of resort to conciliation and failure of this procedure, neither party will be able to bring the dispute before the Permanent Court of International Justice 1 Or request the constitution of the arbitral tribunal referred to in s. 18 before the expiry of the period of one month from the close of the work of the Conciliation Commission.
Any disputes other than those referred to in s. 17, concerning which, in the month following the closure of the work of the Conciliation Commission referred to in chap. I, the parties would not have agreed, shall be worn, except for any reservations provided for in Art. 39, before a constituted arbitral tribunal, unless otherwise agreed by the parties, in the manner set out below.
The arbitral tribunal shall consist of five members. The parties will each appoint one to be chosen from among their respective nationals. The two other arbitrators and the over-arbitrator shall be chosen by mutual agreement among third-party nationals. The latter must be of different nationalities, do not have their habitual residence in the territory of the parties concerned or find themselves in their service.
(1) If the appointment of the members of the arbitral tribunal does not take place within a period of three months, from the request made by one of the parties to the establishment of a arbitral tribunal, the necessary appointments shall be Entrusted to a third power chosen by mutual agreement of the parties.
2. If the agreement does not establish itself, each party will designate a different Power and the appointments will be made jointly by the Powers, so chosen.
3. If, within a period of three months, the designated Powers have not been able to agree, the necessary appointments shall be made by the President of the Permanent Court of International Justice 1 If the latter is prevented or if he is a national of one of the parties, the appointments will be made by the Vice-President. If the latter is prevented or is a national of one of the parties, the appointments shall be made by the oldest member of the Court who is not a national of any of the parties.
It shall be provided, as soon as possible, for the holidays which would arise as a result of death or resignation, or of any other impediment, by following the manner prescribed for the appointments.
The parties will prepare a compromise determining the subject-matter of the dispute and the procedure to be followed.
In the absence of sufficient indications or clarifications in the compromise, in relation to the points indicated in the preceding Article, the provisions of the Hague Convention of 18 October 1907 shall be applied to the extent necessary 1 For the peaceful settlement of international conflicts.
If a compromise is not reached within a period of three months from the date of the establishment of the court, it will be seized by request of either party.
In the silence of compromise or in the absence of compromise, the court will apply the substantive rules set out in Art. 38 of the Statute of the Permanent Court of International Justice 1 . As there are no such rules applicable to the dispute, the court will judge ex aequo and bono.
Disputes for the solution of which a special procedure would be provided for by other conventions in force between the parties in dispute shall be settled in accordance with the provisions of those Conventions.
(2) This General Act shall not affect existing agreements establishing for the Parties a conciliation procedure or, in the matter of arbitration and judicial settlement, undertakings providing for the resolution of the dispute. However, if such agreements provide only for a conciliation procedure, after this procedure has failed, the provisions of this General Act relating to the judicial or arbitral proceedings shall be applied in so far as the parties to the He would have adhered to it.
If the Conciliation Commission is seized by one of the parties to a dispute that the other party, based on the conventions in force between the parties, has been brought before the Permanent Court of International Justice 1 Or a arbitral tribunal, the Commission shall suspend the examination of the dispute until the Court or the Court has ruled on the conflict of jurisdiction. The same shall apply if the Court or the Court has been seized by one of the parties in the course of conciliation.
1 See 1 Re Note in art. 17.
1. In the case of a dispute the subject of which, according to the domestic law of one of the parties, falls within the jurisdiction of the judicial or administrative authorities, that party may oppose the submission of the dispute to the various Procedures provided for in this General Act, before a final decision has been made, within a reasonable time, by the competent authority.
The party which in this case may wish to resort to the procedures provided for in this Convention shall notify the other party of its intention, within a period of one year, from the aforementioned decision.
If the judicial or arbitral award declared that a decision taken or an action ordered by a judicial authority or any other authority of one of the parties in dispute is wholly or partly in opposition to the law If the constitutional right of the said party did not or would not permit the removal of the consequences of that decision or measure, the parties agree that it should be granted by the award Judicial or arbitral, to the aggrieved party, an equitable satisfaction.
1. In all cases where the dispute is the subject of an arbitral or judicial procedure, in particular if the question concerning which the parties are divided, is the result of acts already carried out or on the point of being so, the Permanent Court of Justice International, acting in accordance with Art. 41 of its Statute 1 , or the arbitral tribunal, shall indicate, as soon as possible, what interim measures should be taken. The parties will be required to comply with them.
2. If the dispute is before a Conciliation Commission, it may recommend to the parties the interim measures it deems appropriate.
(3) The parties undertake to refrain from any action which may have an adverse effect on the enforcement of the judicial or arbitral award or the arrangements proposed by the Conciliation Commission, and, in general, to Any act of any kind likely to aggravate or extend the dispute.
In the event of a dispute between more than two parties having acceded to this General Act, the following procedures shall be observed for the application of the procedures described in the preceding provisions:
(1) This General Act shall be applicable between Parties having acceded to it, although a third power, whether or not a Party to the Act, has an interest in the dispute.
2. In the conciliation procedure, the parties may, by mutual agreement, invite a third power.
1. In the judicial or arbitral proceedings, if a third power considers that, in a dispute, a legal interest is in question, it may address the Permanent Court of International Justice 1 Or to the arbitral tribunal a request for the tin of intervention.
2. The Court or the Court shall decide.
1 See 1 Re Note in art. 17.
In the case of the interpretation of a convention to which other States have participated than the parties concerned, the Registry of the Permanent Court of International Justice 1 Or the arbitral tribunal shall notify them without delay.
(2) Each of them shall have the right to intervene and, if exercising that power, the interpretation contained in the award shall be binding on them.
1 See note to art. 23 hp. 3.
Accessions to this General Act may apply to:
Contracting Parties may avail themselves of the accessions of other Parties only to the extent that they have subscribed to the same commitments.
Independently of the right referred to in the foregoing Article, a Party may, by acceding to this General Act, make its acceptance subject to the reservations exhaustively listed in the following paragraph. These reservations must be indicated at the time of accession.
(2) Such reservations may be formulated in such a way as to exclude from the procedures described in this Act:
3. If one of the parties to the dispute has made a reservation, the other parties may rely on it on the same reserve.
(4) For the Parties having acceded to the provisions of this Act relating to the judicial settlement or the arbitration rules, the reservations which they would have made shall be, unless expressly stated, understood as not extending to the procedure of Conciliation.
Any Party whose accession has been only partial or subject to reservations may, at any time, by means of a simple declaration, either extend the scope of its accession or renounce all or part of its reservations.
Disputes concerning the interpretation or application of this General Act, including those relating to the characterization of disputes and the scope of any reservations, shall be submitted to the Permanent Court of International Justice 1 .
1 See 1 Re Note in art. 17.
This General Act, of which the French and English texts will also be authentic, shall bear the date of 26 September 1928.
(1) This General Act shall be open for accession by any Head of State or other competent authority of the Members of the League of Nations, as well as non-member States to whom the Council of the League of Nations shall have, for that purpose, communicated A copy.
2. The instruments of accession, as well as the additional declarations provided for in Art. 40, shall be transmitted to the Secretary-General of the League of Nations, who shall notify the Secretary-General of the receipt to all Members of the Society and to the non-member States referred to in the preceding paragraph.
3. In the care of the Secretary-General, three lists shall be drawn up by the whet. A, B, C, and corresponding to the three terms of accession referred to in s. 38 of this Act, where the accessions and additional declarations of the Contracting Parties will be included. These lists, which are kept up to date, will be published in the annual report to the Assembly by the Secretary-General.
(1) This General Act shall enter into force on the ninetieth day after the receipt by the Secretary-General of the League of Nations of the accession of at least two Contracting Parties.
(2) Each accession which occurs after the entry into force of this Act, in accordance with the preceding paragraph, shall be effective from the ninetieth day after the date of its receipt by the Secretary-General of the League of Nations. The same shall apply to the additional declarations of the Parties referred to in Art. 40.
(1) This General Act shall have a term of five years from its implementation.
2. It shall remain in force for a further period of five years, and so on, vis-vis Contracting Parties which have not denounced it at least six months before the expiry of the term.
The denunciation shall be by written notification addressed to the Secretary-General of the League of Nations, who shall inform all Members of the Society and the non-member States referred to in Art. 43.
The denunciation may be only partial or consist in the notification of new reservations.
(5) Notwithstanding the denunciation by one of the Contracting Parties involved in a dispute, all proceedings commenced at the time of the expiry of the term of the General Act shall continue until their normal completion.
A copy of this General Act, bearing the signature of the President of the Assembly and of the Secretary-General of the League of Nations, shall be deposited in the archives of the Secretariat; a certified copy of the text shall be communicated to all Members of the League of Nations, as well as non-members designated by the Council of the League of Nations.
This General Act shall be registered by the Secretary-General of the League of Nations on the date of its entry into force.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
Australia * |
21 May |
1931 |
19 August |
1931 |
Belgium * |
18 May |
1929 A |
August 16 |
1929 |
Canada * |
1 Er July |
1931 |
29 September |
1931 |
Denmark |
April 14 |
1930 A |
July 13 |
1930 |
Estonia * |
3 September |
1931 |
2 December |
1931 |
Ethiopia |
15 March |
1935 |
13 June |
1935 |
Finland |
September 6 |
1930 |
5 December |
1930 |
Greece |
September 14 |
1931 |
13 December |
1931 |
Ireland |
26 September |
1931 |
25 December |
1931 |
Italy * |
7 September |
1931 |
6 December |
1931 |
Latvia |
September 17 |
1935 |
16 December |
1935 |
Luxembourg |
September 15 |
1930 |
14 December |
1930 |
Norway * * |
11 June |
1930 A |
9 September |
1930 |
New Zealand * |
21 May |
1931 |
19 August |
1931 |
Pakistan |
July 12 |
1974 S |
August 14 |
1947 |
Country-Bas*** |
8 August |
1930 |
6 November |
1930 |
Curaçao |
8 August |
1930 |
6 November |
1930 |
Dutch Indes |
8 August |
1930 |
6 November |
1930 |
Suriname |
8 August |
1930 |
6 November |
1930 |
Peru * |
21 November |
1931 |
19 February |
1932 |
Sweden * ** |
13 May |
1929 A |
August 16 |
1929 |
Switzerland |
7 December |
1934 |
7 March |
1935 |
* |
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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** |
Norway had acceded on 11 June 1929 only to the provisions on conciliation and the judicial settlement (chap. I and II) and the general provisions concerning those procedures (chap. IV), but it extended its accession to the whole Act on 11 June 1930. |
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*** |
The Netherlands and Sweden have only acceded to the provisions on conciliation and judicial settlement (chap. I and II) and the general provisions concerning those procedures (chap. IV). |
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1 The General Act was adopted at the ninth ordinary session of the Assembly of the League of Nations and signed by the President of the Assembly and the Secretary-General of the League of Nations.
2 RO 51 1
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).