CONVENTION FOR THE PEACEFUL SETTLEMENT OF INTERNATIONAL DIFFERENCES, 1899.

His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; His Majesty the Emperor of China; His Majesty the King of Denmark; His Majesty the King of Spain, and in his name Her Majesty the Queen-Regent of the Kingdom; the President of the United States of America; the President of the United States of Mexico; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and the Algarves; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden and Norway; The Swiss Federal Council; His Majesty the Emperor of the Ottomans; and His Royal Highness the Prince of Bulgaria.

Animated by a strong desire to concert for the maintenance of the general peace;

Resolved to second by their best efforts the friendly settlement of international disputes;

Recognizing the solidarity which unites the members of the society of civilized nations;

Desirous of extending the empire of law, and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result;

Having regard to the advantages attending the general and regular organization of arbitral procedure;

Sharing the opinion of the august Initiator of the International Peace Conference that it is expedient to solemnly establish, by an international Agreement, the principles of equity and right on which repose the security of States and the welfare of peoples;

Being desirous of concluding a Convention to this effect, have appointed as their Plenipotentiaries, to wit: —

(Names.)

Who, after communication of their full powers, found in good and due form, have agreed on the following provisions:

TITLE I.— On the Maintenance of General Peace.

ARTICLE I. 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 II. 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 III. Independently of this recourse, the Signatory Powers consider it useful that one or more Powers, strangers to the dispute, should, on their own initiative, and as far as circumstances will allow, offer their good offices or mediation to the States at variance.

The right to offer good offices or mediation belongs to Powers who are strangers to the dispute, even during the course of hostilities.

The exercise of this right shall never be regarded by one or the other of the parties to the contest as an unfriendly act,

ARTICLE IV. The part of the mediator consists in recon

ciling the opposing claims and in appeasing the feelings of resentment which may have arisen between the States at variance.

ARTICLE V. 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 mediating Power itself, that the methods of conciliation proposed by it are not accepted."

ARTICLE VI. Good offices and mediation, whether at the request of the parties at variance or upon the initiative of Powers who are strangers to the dispute, have exclusively the character of advice, and never have binding force.

ARTICLE VII. The acceptance of mediation cannot, 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 VIII. 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 shall each choose 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.

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

In case of a definite rupture of pacific relations, these Powers remain charged with the joint duty of taking advantage of every opportunity to restore peace.

TITLE III.— On International Commissions of Inquiry.

ARTICLE IX. In differences of an international nature involving neither honor nor vital interests, and arising from a difference of opinion on matter of fact, the Signatory Powers recommend that parties who have not been able to come to an

agreement by diplomatic methods should, as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of the differences by elucidating the facts, by means of an impartial and conscientious investigation.

ARTICLE X. International Commissions of Inquiry shall be constituted by a special agreement between the parties to the controversy. The agreement for the inquiry shall specify the facts to be examined and the extent of the powers of the commissioners. It shall fix the procedure. Upon the inquiry both sides shall be heard. The procedure to be observed, if not provided for in the Convention of Inquiry, shall be fixed by the Commission.

ARTICLE XI. The International Commissions of Inquiry shall be formed, unless otherwise stipulated, in the manner fixed by Article XXXII. of the present Convention.

ARTICLE XII. The Powers in dispute agree to supply the International Commission of Inquiry, as fully as they may consider it possible, with all means and facilities necessary to enable it to arrive at a complete acquaintance and correct understanding of the facts in question.

ARTICLE XIII. The International Commission of Inquiry shall present to the parties in dispute its report signed by all the members of the Commission.

ARTICLE XIV. The report of the International Commission of Inquiry shall be limited to a statement of the facts, and shall in no way have the character of an arbitral award. It leaves the Powers in controversy freedom as to the effect to be given to such statement.

TITLE IV. On International Arbitration.

CHAPTER I.— On Arbitral Justice.

ARTICLE XV. International arbitration has for its object the determination of controversies between States by judges of their own choice, upon the basis of respect for law.

ARTICLE XVI. In questions of a judicial character, and especially in questions regarding the interpretation or application of international treaties or conventions, arbitration is recognized by the Signatory Powers as the most efficacious and at the same time the most equitable method of deciding

controversies which have not been settled by diplomatic methods.

ARTICLE XVII. An agreement of arbitration may be made with reference to disputes already existing or those which may hereafter arise. It may relate to every kind of controversy or solely to controversies of a particular character.

ARTICLE XVIII. The agreement of arbitration implies the obligation to submit in good faith to the decision of the arbitral tribunal.

ARTICLE XIX. Independently of existing general or special treaties imposing the obligation to have recourse to arbitration on the part of any of the Signatory Powers, these Powers reserve to themselves the right to conclude, either before the ratification of the present Convention, or subsequent to that date, new agreements, general or special, with a view of extending the obligation to submit controversies to arbitration, to all cases which they consider suitable for such submission.

CHAPTER II.— On the Permanent Court of Arbitration.

ARTICLE XX. With the object of facilitating an immediate recourse to arbitration for international differences which could not be settled by diplomatic methods, the Signatory Powers undertake to organize a permanent Court of Arbitration accessible at all times, and acting, unless otherwise stipulated by the parties, in accordance with the rules of procedure included in the present Convention.

ARTICLE XXI.

The permanent Court shall have jurisdiction of all cases of arbitration, unless there shall be an agreement between the parties for the establishment of a special tribunal. ARTICLE XXII. An International Bureau shall be established at The Hague, and shall serve as the record office for the Court. This Bureau shall be the medium of all communications relating to the Court. It shall have the custody of the archives, and shall conduct all the administrative business. The Signatory Powers agree to furnish the Bureau at The Hague with a certified copy of every agreement of arbitration arrived at between them, and of any award therein rendered by a special tribunal. They also undertake to furnish the Bureau with the laws, rules, and documents, eventually declaring the execution of the judgments rendered by the Court.

ARTICLE XXIII. Within three months following the ratifica