[Executive F, Sixtieth Congress, first session--Confidential.] SETTLEMENT OF INTERNATIONAL DISPUTES. A CONVENTION SIGNED BY THE DELEGATES OF THE UNITED STATES TO THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. FEBRUARY 27, 1908.-Read; convention read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate. APRIL 2, 1908.-Ratified. 1 His Majesty the German Emperor, King of Prussia; the Presi2 dent of the United States of America; the President of the Argen3 tine Republic; His Majesty the Emperor of Austria, King of 4 Bohemia, &c., and Apostolic King of Hungary; His Majesty 5 the King of the Belgians; the President of the Republic of Bo6 livia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the 8 Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of 10 the Republic of Cuba; His Majesty the King of Denmark; the 11 President of the Dominican Republic; the President of the Repub12 lic of Ecuador; His Majesty the King of Spain; the President of 7 9 the French Republic; His Majesty the King of the United King14 dom of Great Britain and Ireland and of the British Dominions 15 beyond the Seas, Emperor of India; His Majesty the King of 16 the Hellenes; the President of the Republic of Guatemala; 17 the President of the Republic of Haïti; His Majesty the King of 18 of Italy; His Majesty the Emperor of Japan; His Royal Highness 19 the Grand Duke of Luxemburg, Duke of Nassau; the President of 20 the United States of Mexico; His Royal Highness the Prince of 21 Montenegro; the President of the Republic of Nicaragua; His 22 Majesty the King of Norway; the President of the Republic of 1 2 6 Panamá; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of 3 Peru; His Imperial Majesty the Shah of Persia; His Majesty the 4 King of Portugal and of the Algarves, &c.; His Majesty the 5 King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the 7 King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Animated by the sincere desire to work for the maintenance of 12 general peace; 8 9 10 11 13 14 15 16 17 Resolved to promote by all the efforts in their power the friendly settlement of international disputes; Recognizing the solidarity uniting the members of the society of civilized nations; Desirous of extending the empire of law and of strengthening 18 the appreciation of international justice; 19 Convinced that the permanent institution of a Tribunal of 20 Arbitration accessible to all, in the midst of independent Powers, will contribute effectively to this result; 21 22 Having regard to the advantages attending the general and 23 regular organization of the procedure of arbitration; 24 Sharing the opinion of the august initiator of the International 25 Peace Conference that it is expedient to record in an Interna26 tional Agreement the principles of equity and right on which are based the security of States and the welfare of peoples; 27 28 Being desirous, with this object, of insuring the better working 29 in practice of Commissions of Inquiry and Tribunals of Arbitration, and of facilitating recourse to arbitration in cases which 31 allow of a summary procedure; 30 32 Have deemed it necessary to revise in certain particulars and 33 to complete the work of the First Peace Conference for the pacific 34 settlement of international disputes; 35 The High Contracting Parties have resolved to conclude a new 36 Convention for this purpose, and have appointed the following 37 38 as their Plenipotentiaries: [For names of Plenipotentiaries, see Final Act, Supra.] 40172-S. Doc. 444, 60-1-5 1 2 3 4 5 6 7 8 9 10 11 12 Who, after having deposited their full powers, found in good and due form, have agreed upon the following: PART I.-The Maintenance of General Peace. With a view to obviating as far as possible recourse to force in the relations between States, the Contracting Powers agree to use their best efforts to ensure the pacific settlement of international differences. PART II.-Good Offices and Mediation. ARTICLE II. In case of serious disagreement or dispute, before an appeal to arms, the Contracting Powers agree to have recourse, as 13 far as circumstances allow, to the good offices or mediation of one or more friendly Powers. 14 15 16 17 ARTICLE III. Independently of this recourse, the Contracting Powers deem it expedient and desirable that one or more Powers, strangers to the dispute, should, on their own initiative and as far as 19 circumstances may allow, offer their good offices or mediation to the States at variance. 18 20 21 22 23 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 either of 24 the parties in dispute as an unfriendly act. 25 26 ARTICLE IV. The part of the mediator consists in reconciling the opposing 27 claims and appeasing the feelings of resentment which may have 28 arisen between the States at variance. The functions of the mediator are at an end when once it is 31 declared, either by one of the parties to the dispute or by the 32 mediator himself, that the means of reconciliation proposed by 33 him are not accepted. Good offices and mediation undertaken either at the request 36 of the parties in dispute or on the initiative of Powers strangers 37 to the dispute have exclusively the character of advice, and 1 2 23 ARTICLE VII. The acceptance of mediation cannot, unless there be an 3 agreement to the contrary, have the effect of interrupting, 4 delaying, or hindering mobilization or other measures of prep5 aration for war. 6 7 8 9 10 If it takes place after the commencement of hostilities, the military operations in progress are not interrupted in the absence of an agreement to the contrary. ARTICLE VIII. The Contracting Powers are agreed in recommending the 11 application, when circumstances allow, of special mediation in in the following form: 12 13 14 15 16 17 In case of a serious difference endangering peace, the States at variance choose respectively a Power, to which 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. 18 For the period of this mandate, the term of which, unless 19 otherwise stipulated, cannot exceed thirty days, the States in 20 dispute cease from all direct communication on the subject of 21 the dispute, which is regarded as referred exclusively to the 22 mediating Powers, which 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 25 opportunity to restore peace. 23 24 26 27 28 29 30 PART III. International Commissions of Inquiry. ARTICLE IX. In disputes of an international nature involving neither honour nor vital interests, and arising from a difference of opinion on points of fact, the Contracting Powers deem it expedient 31 and desirable that the parties who have not been able to come 32 to an agreement by means of diplomacy, should, as far as cir33 cumstances allow, institute an International Commission of 34 Inquiry, to facilitate a solution of these disputes by elucidating 35 the facts by means of an impartial and conscientious investi36 gation. International Commissions of Inquiry are constituted by spe 39 cial agreement between the parties in dispute. 14 1 The Inquiry Convention defines the facts to be examined; it 2 determines the mode and time in which the Commission is to 3 be formed and the extent of the powers of the Commissioners. It also determines, if there is need, where the Commission is 5 to sit, and whether it may remove to another place, the language 6 the Commission shall use and the languages the use of which 7 shall be authorized before it, as well as the date on which each 8 party must deposit its statement of facts, and, generally speak9 ing, all the conditions upon which the parties have agreed. 10 If the parties consider it necessary to appoint Assessors, the Convention of Inquiry shall determine the mode of their selec12 tion and the extent of their powers. 11 13 14 ARTICLE XI. If the Inquiry Convention has not determined where the 15 Commission is to sit, it will sit at The Hague. 16 The place of meeting, once fixed, cannot be altered by the 17 Commission except with the assent of the parties. 18 19 20 21 22 If the Inquiry Convention has not determined what languages are to be employed, the question shall be decided by the Commission. ARTICLE XII. Unless an undertaking is made to the contrary, Commissions 23 of Inquiry shall be formed in the manner determined by Arti24 cles XLV and LVII of the present Convention. 25 26 28 ARTICLE XIII. Should one of the Commissioners or one of the Assessors, 27 should there be any, either die, or resign, or be unable for any reason whatever to discharge his functions, the same procedure 29 is followed for filling the vacancy as was followed for appoint30 ing him. 31 32 33 ARTICLE XIV. The parties are entitled to appoint special agents to attend the Commission of Inquiry, whose duty it is to represent them 34 and to act as intermediaries between them and the Commission. 35 They are further authorized to engage counsel or advocates, 36 appointed by themselves, to state their case and uphold their 37 interests before the Commission. 38 39 ARTICLE XV. The International Bureau of the Permanent Court of Arbi40 tration acts as registry for the Commissions which sit at The |