Convention (I) for the Pacific Settlement of International Disputes

Convention (I) for the Pacific Settlement of International Disputes

 

TITLE I. ON THE MAINTENANCE OF THE GENERAL PEACE

Article 1

With a view to obviating, as far as possible, recourse to force in the
relations between States, the Signatory Powers agree to use their best
efforts to insure the pacific settlement of international differences.

TITLE II. ON GOOD OFFICES AND MEDIATION

Article 2

In case of serious disagreement or conflict, before an appeal to arms,
the Signatory Powers agree to have recourse, as far as circumstances
allow, to the good offices or mediation of one or more friendly Powers.

Article 3

Independently of this recourse, the Signatory Powers recommend that one
or more Powers, strangers to the dispute, should, on their own
initiative, and as far as circumstances may allow, offer their good
offices or mediation to the States at variance.

Powers, strangers to the dispute, have the right to offer good offices or
mediation, even during the course of hostilities.

The exercise of this right can never be regarded by one or the other of
the parties in conflict as an unfriendly act.

Article 4

The part of the mediator consists in reconciling the opposing claims and
appeasing the feelings of resentment which may have arisen between the
States at variance.

Article 5

The functions of the mediator are at an end when once it is declared,
either by one of the parties to the dispute, or by the mediator himself,
that the means of reconciliation proposed by him are not accepted.

Article 6

Good offices and mediation, either at the request of the parties at
variance, or on the initiative of Powers strangers to the dispute, have
exclusively the character of advice and never have binding force.

Article 7

The acceptance of mediation can not, unless there be an agreement to the
contrary, have the effect of interrupting, delaying, or hindering
mobilization or other measures of preparation for war.

If mediation, occurs after the commencement of hostilities it causes no
interruption to the military operations in progress, unless there be an
agreement to the contrary.

Article 8

The Signatory Powers are agreed in recommending the application, when
circumstances allow, of special mediation in the following form:

In case of a serious difference endangering the peace, the States at
variance choose respectively a Power, to whom they intrust the mission of
entering into direct communication with the Power chosen on the other
side, with the object of preventing the rupture of pacific relations.

For the period of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in conflict cease from
all direct communication on the subject of the dispute, which is regarded
as referred exclusively to the mediating Powers, who must use their best
efforts to settle it.

In case of a definite rupture of pacific relations, these Powers are
charged with the joint task of taking advantage of any opportunity to
restore peace.

TITLE III. ON INTERNATIONAL COMMISSIONS OF INQUIRY

Article 9

In differences of an international nature involving neither honor nor
vital interests, and arising from a difference of opinion on points of
fact, the Signatory Powers recommend that the parties, who have not been
able to come to an agreement by means of Diplomacy , should as far as
circumstances allow, institute an International Commission of Inquiry, to
facilitate a solution of these differences by elucidating the facts by
means of an impartial and conscientious investigation.

Article 10

The International Commissions of Inquiry are constituted by special
agreement between the parties in conflict.

The Convention for an inquiry defines the facts to be examined and the
extent of the Commissioners’ powers.

It settles the procedure.

On the inquiry both sides must be heard.

The form and the periods to be observed, if not stated in the inquiry
Convention, are decided by the Commission itself.

Article 11

The International Commissions of Inquiry are formed, unless otherwise
stipulated, in the manner fixed by Article 32 of the present convention.

Article 12

The powers in dispute engage to supply the International Commission of
Inquiry, as fully as they may think possible, with all means and
facilities necessary to enable it to be completely acquainted with and to
accurately understand the facts in question.

Article 13

The International Commission of Inquiry communicates its Report to the
conflicting Powers, signed by all the members of the Commission.

Article 14

The report of the International Commission of Inquiry is limited to a
statement of facts, and has in no way the character of an Arbitral Award.
It leaves the conflicting Powers entire freedom as to the effect to be
given to this statement.

TITLE IV. ON INTERNATIONAL ARBITRATION

CHAPTER I. On the System of Arbitration

Article 15

International arbitration has for its object the settlement of
differences between States by judges of their own choice, and on the
basis of respect for law.

Article 16

In questions of a legal nature, and especially in the interpretation or
application of International Conventions, arbitration is recognized by
the Signatory Powers as the most effective, and at the same time the most
equitable, means of settling disputes which Diplomacy has failed to
settle.

Article 17

The Arbitration Convention is concluded for questions already existing or
for questions which may arise eventually.

It may embrace any dispute or only disputes of a certain category.

Article 18

The Arbitration Convention implies the engagement to submit loyally to
the Award.

Article 19

Independently of general or private Treaties expressly stipulating
recourse to arbitration as obligatory on the Signatory Powers, these
Powers reserve to themselves the right of concluding, either before the
ratification of the present Act or later, new Agreements, general or
private, with a view to extending obligatory arbitration to all cases
which they may consider it possible to submit to it.

CHAPTER II. On the Permanent Court of Arbitration

Article 20

With the object of facilitating an immediate recourse to arbitration for
international differences, which it has not been possible to settle by
diplomacy, the Signatory Powers undertake to organize a permanent Court
of Arbitration, accessible at all times and operating, unless otherwise
stipulated by the parties, in accordance with the Rules of Procedure
inserted in the present Convention.

Article 21

The Permanent Court shall be competent for all arbitration cases, unless
the parties agree to institute a special Tribunal.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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