At a series of meetings, held from the 15th June to the 18th October, 1907, in which the above delegates were throughout animated by the desire to realize, in the fullest possible measure, the generous views of the august initiator of the conference and the intentions of their governments, the conference drew up for submission for signature by the plenipotentiaries, the text of the conventions and of the declaration enumerated below and annexed to the present act:

I. Convention for the pacific settlement of international disputes.

II. Convention respecting the limitation of the employment of force for the recovery of contract debts.

III. Convention relative to the opening of hostilities.

IV. Convention respecting the laws and customs of war on land.

V. Convention respecting the rights and duties of neutral powers and persons in case of war on land.

VI. Convention relative to the status of enemy merchant ships at the outbreak of hostilities.

VII. Convention relative to the conversion of merchant ships into warships. VIII. Convention relative to the laying of automatic submarine contact mines. IX. Convention respecting bombardment by naval forces in time of war. X. Convention for the adaptation to naval war of the principles of the Geneva convention.

XI. Convention relative to certain restrictions with regard to the exercise of the right of capture in naval war.

XII. Convention relative to the creation of an international prize court.

XIII. Convention concerning the rights and duties of neutral powers in naval

war.

XIV. Declaration prohibiting the discharge of projectiles and explosives from balloons.

These conventions and declaration shall form so many separate acts. These acts shall be dated this day, and may be signed up to the 30th June, 1908, at The Hague, by the plenipotentiaries of the Powers represented at the second peace conference.

The conference, actuated by the spirit of mutual agreement and concession characterizing its deliberations, has agreed upon the following declaration, which, while reserving to each of the Powers represented full liberty of action as regards voting, enables them to affirm the principles which they regard as unanimously admitted. It is unanimous :

I. In admitting the principle of compulsory arbitration;

2. In declaring that certain disputes, in particular those relating to the interpretation and application of the provisions of international agreements, may be submitted to compulsory arbitration without any restriction.

Finally, it is unanimous in proclaiming that althoug... has not yet been found feasible to conclude a convention in this sense, nevertheless the divergencies of opinion which have come to light have not exceeded the bounds of judicial controversy, and that by working together here during the past four months the collected Powers not only have learned to understand one another and to draw closer

together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the common welfare of humanity.

The conference has further unanimously adopted the following resolution:

The second peace conference confirms the resolution adopted by the conference of 1899 in regard to the limitation of military expenditure; and inasmuch as military expenditure has considerably increased in almost every country since that time, the conference declares that it is eminently desirable that the governments should resume the serious examination of this question.

It has besides expressed the following opinions:

1. The conference calls the attention of the signatory Powers to the advisability of adopting the annexed draft convention for the creation of a judicial arbitration court, and of bringing it into force as soon as an agreement has been reached respecting the selection of the judges and the constitution of the court.

2. The conference expresses the opinion that in case of war the responsible authorities, civil as well as military, should make it their special duty to insure and safeguard the maintenance of pacific relations, more especially of the commercial and industrial relations between the inhabitants of the belligerent states and neutral countries.

3. The conference expresses the opinion that the Powers should regulate, by special treaties, the position, as regards military charges, of foreigners residing within their territories.

4. The conference expresses the opinion that the preparation of regulations relative to the laws and customs of naval war should figure in the program of the next conference, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the convention relative to the laws and customs of war on land. Finally, the conference recommends to the Powers the assembly of a third peace conference, which might be held within a period corresponding to that which has elapsed since the preceding conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the program of this third conference a sufficient time in advance to insure its deliberations being conducted with the necessary authority and expedition.

In order to attain this object the conference considers that it would be very desirable that, some two years before the probable date of the meeting, a preparatory committee should be charged by the governments with the task of collecting the various proposals to be submitted to the conference, of ascertaining what subjects are ripe for embodiment in an international regulation, and of preparing a program which the governments should decide upon in sufficient time to enable it to be carefully examined by the countries interested. This committee should further be intrusted with the task of proposing a system of organization and procedure for the conference itself.

In faith whereof the plenipotentiaries have signed the present act and have affixed their seals thereto.

Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland government, and duly certified copies of which shall be sent to all the Powers represented at the conference.

ANNEX TO THE FIRST OPINION EXPRESSED BY THE SECOND

PEACE CONFERENCE

DRAFT CONVENTION RELATIVE TO THE CREATION OF A JUDICIAL ARBITRATION COURT

PART I. CONSTITUTION OF THE JUDICIAL ARBITRATION COURT

ART. 1. With a view to promoting the cause of arbitration, the contracting Powers agree to constitute, without altering the status of the Permanent Court of Arbitration, a judicial arbitration court, of free and easy access, composed of judges representing the various juridical systems of the world, and capable of insuring continuity in jurisprudence of arbitration.

ART. 2. The judicial arbitration court is composed of judges and deputy judges chosen from persons of the highest moral reputation, and all fulfilling conditions qualifying them, in their respective countries, to occupy high legal posts or be jurists of recognized competence in matters of international law.

The judges and deputy judges of the court are appointed, as far as possible, from the members of the Permanent Court of Arbitration. The appointment shall be made within the six months following the ratification of the present convention. ART. 3. The judges and deputy judges are appointed for a period of twelve years, counting from the date on which the appointment is notified to the administrative council created by the convention for the pacific settlement of international disputes. Their appointments can be renewed.

Should a judge or deputy judge die or retire, the vacancy is filled in the manner in which his appointment was made. In this case the appointment is made for a fresh period of twelve years.

ART. 4. The judges of the judicial arbitration court are equal and rank according to the date on which their appointment was notified. The judge who is senior in point of age takes precedence when the date of notification is the same. The deputy judges are assimilated, in the exercise of their functions, with the judges. They rank, however, below the latter.

ART. 5. The judges enjoy diplomatic privileges and immunities in the exercise of their functions, outside their own country.

Before taking their seats the judges and deputy judges must swear, before the administrative council, or make a solemn affirmation, to exercise their functions impartially and conscientiously.

ART. 6. The court annually nominates three judges to form a special delegation and three more to replace them should the necessity arise. They may be reelected. They are balloted for. The persons who secure the largest number of votes are considered elected. The delegation itself elects its president, who, in default of a majority, is appointed by lot.

A member of the delegation cannot exercise his duties when the Power which appointed him, or of which he is a national, is one of the parties.

The members of the delegation are to conclude all matters submitted to them, even if the period for which they have been appointed judges has expired.

ART. 7. A judge may not exercise his judicial functions in any case in which he has, in any way whatever, taken part in the decision of a national tribunal, of a tribunal of arbitration, or of a commission of inquiry, or has figured in the suit as counsel or advocate for one of the parties.

A judge cannot act as agent or advocate before the judicial arbitration court or the Permanent Court of Arbitration, before a special tribunal of arbitration or a commission of inquiry, nor act for one of the parties in any capacity whatsoever so long as his appointment lasts.

ART. 8. The court elects its president and vice president by an absolute majority of the votes cast. After two ballots the election is made by a bare majority and, in case the votes are even, by lot.

ART. 9. The judges of the judicial arbitration court receive an annual salary of 6000 Netherland florins. This salary is paid at the end of each half year, reckoned from the date on which the court meets for the first time.

In the exercise of their duties during the sessions or in the special cases covered by the present convention, they receive the sum of 100 florins per diem. They are further entitled to receive a traveling allowance fixed in accordance with regulations existing in their own country. The provisions of the present paragraph are applicable also to a deputy judge when acting for a judge.

These emoluments are included in the general expenses of the court dealt with in Article 31, and are paid through the international bureau created by the convention for the pacific settlement of international disputes.

ART. 10. The judges may not accept from their own government or from that of any other Power any remuneration for services connected with their duties in their capacity of members of the court.

ART. 11. The seat of the judicial court of arbitration is at The Hague, and cannot be transferred, unless absolutely obliged by circumstances, elsewhere.

The delegation may choose, with the assent of the parties concerned, another site for its meetings, if special circumstances render such a step necessary.

ART. 12. The administrative council fulfills with regard to the judicial court of arbitration the same functions as to the Permanent Court of Arbitration.

ART. 13. The international bureau acts as registry to the judicial court of arbitration, and must place its offices and staff at the disposal of the court. It has charge of the archives and carries out the administrative work.

The secretary general of the bureau discharges the functions of registrar. The necessary secretaries to assist the registrar, translators, and shorthand writers are appointed and sworn in by the court.

ART. 14. The court meets in session once a year. The session opens the third Wednesday in June and lasts until all the business on the agenda has been transacted.

The court does not meet in session if the delegation considers that such meeting is unnecessary. However, when a Power is party in a case actually pending before the court, the pleadings in which are closed or about to be closed, it may insist that the session should be held.

When necessary, the delegation may summon the court in extraordinary session.

ART. 15. A report of the doings of the court shall be drawn up every year by the delegation. This report shall be forwarded to the contracting Powers through the international bureau. It shall also be communicated to the judges and deputy judges of the court.

ART. 16. The judges and deputy judges, members of the judicial arbitration court, can also exercise the functions of judge and deputy judge in the international prize court.

PART II. COMPETENCY AND PROCEDURE

ART. 17. The judicial court of arbitration is competent to deal with all cases submitted to it, in virtue either of a general undertaking to have recourse to arbitration or of a special agreement.

ART. 18. The delegation is competent :

I. To decide the arbitrations referred to in the preceding article, if the parties concerned are agreed that the summary procedure laid down in Part IV, chapter 4, of the convention for the pacific settlement of international disputes is to be applied;

2. To hold an inquiry under and in accordance with Part III of the said convention, in so far as the delegation is intrusted with such inquiry by the parties acting in common agreement. With the assent of the parties concerned, and as an exception to Article 7, paragraph 1, the members of the delegation who have taken part in the inquiry may sit as judges, if the case in dispute is submitted to the arbitration of the court or of the delegation itself.

ART. 19. The delegation is also competent to settle the compromis referred to in Article 52 of the convention for the pacific settlement of international disputes if the parties are agreed to leave it to the court.

It is equally competent to do so, even when the request is only made by one of the parties concerned, if all attempts have failed to reach an understanding through the diplomatic channel, in the case of:

1. A dispute covered by a general treaty of arbitration concluded or renewed after the present convention has come into force, providing for a compromis in all disputes, and not either explicitly or implicitly excluding the settlement of the compromis from the competence of the delegation. Recourse cannot, however, be had to the court if the other party declares that in its opinion the dispute does not belong to the category of questions to be submitted to compulsory arbitration, unless the treaty of arbitration confers upon the arbitration tribunal the power of deciding this preliminary question.

2. A dispute arising from contract debts claimed from one Power by another Power as due to its nationals, and for the settlement of which the offer of arbitration has been accepted. This arrangement is not applicable if acceptance is subject to the condition that the compromis should be settled in some other way.

ART. 20. Each of the parties concerned may nominate a judge of the court to take part, with power to vote, in the examination of the case submitted to the delegation.