Section 1. Mr. Asser calls attention to the fact that the last words of this paragraph" or its nationals" give rise to an excessive interpretation because they apply even to suits between individuals. Mr. Martens replies that these words imply only a case where a Government takes up the cause for its nationals. His Excellency Mr. Staal proposes the addition of these words: "so far as they are not within the jurisdiction of the local authorities." The President proposes to postpone the examination and editing of this last sentence. Mr. Asser, while approving the text proposed by his Excellency Mr. STAAL, suggests the following: " in so far as the judicial power of the latter State is without authority to determine these disputes." His Excellency Sir Julian Pauncefote proposes to close the text with these words: "to pecuniary damages," and to strike out what follows. Paragraph 1 is adopted unanimously with this omission. Section II, paragraph 1. Mr. Holls requests the omission of the last sentence of paragraph 1: his Government could not agree to submit to obligatory arbitration "conventions relating to the navigation of international rivers and interoceanic canals." Mr. Asser lays stress upon the fact that it would be to their interest to retain this provision with regard to rivers. Mr. Holls does not dispute this, but however desirable it may be to submit these cases to arbitration, it is very important not to put anything into the decisions of the committee which might provoke formal resistance on the part of a State, and this would certainly be the case so far as the United States is concerned. Mr. Martens calls attention to the fact that the Government of the United States might be satisfied with invoking the reservation in the preliminary paragraph. Dr. Zorn supports the opinion of Mr. HOLLS, although the question of inter[12] national canals is not of as serious interest to Germany as it is to the United States. The committee decides that in view of the objection formulated and insisted upon by Mr. HOLLS, the last sentence of the paragraph shall be omitted subject to further consideration. Chevalier Descamps asks whether the words "commercial treaties and consular conventions " may not be added to the list. Mr. Martens is of the opinion that it is not desirable to extend the list in paragraph 1, especially in view of the fact that the first paragraph of Article II gives full power to do this in the future. Dr. Zorn shares Mr. MARTENS' views, as does also Mr. Lammasch. This question is therefore postponed. Baron d'Estournelles asks that this question as to commercial treaties be postponed; the French delegation is awaiting instructions on this subject. His Excellency Count Nigra declares that the Italian Government has fully decided to propose the insertion of a clause providing for arbitration in all of its commercial treaties. It is decided to adopt provisionally paragraph 1 of Section II in this form: “Treaties and conventions relating to the posts, telegraphs, and telephones (addi tion proposed by Mr. ASSER), railroads, and also those bearing upon the protection of submarine telegraph cables, regulations concerning methods to prevent collisions of vessels on the seas. (The word "high" omitted at the suggestion of his Excellency Count NIGRA.) Chevalier Descamps, his Excellency Count Nigra, Baron d'Estournelles, in connection with the words "conventions relating to sanitation and veterinary surgery and for the prevention of phylloxera " suggest several modifications, the principle of which is adopted, and the secretaries will take charge of drafting the text. Mr. Holls proposes the omission of the word "money": he cannot adopt the principle of obligatory arbitration as to this serious question. Mr. Martens remarks that it would be very regrettable to reduce too seriously the cases for obligatory arbitration by striking out too many items. Chevalier Descamps proposes to replace the words "conventions relating to measures" by the words "conventions relating to the system of weights and measures." Adopted. Returning to the proposition of Mr. HOLLS, the President asks the opinion of the committee. Since the opinion of the delegate of the United States seems to be unchangeable, it is concluded to strike out the word "money," subject to further revision. Mr. Asser, seconded by Mr. Odier, proposes the addition of a special paragraph regarding the Geneva Convention.- Referred to the committee. Paragraph 3 of Section II. Motion is made to replace the word "cartel" by “extradition.” Adopted. Messrs. Martens and Asser are asked if they will act together in modifying the form of this paragraph to agree with the principles of private international law. Upon the motion of Baron D'ESTOURNELLES, Mr. Renault is asked to act with them. Adopted. 66 His Excellency Count Nigra proposes the following addition to paragraph 3 of Section II: 'Conventions relative to the reciprocal free assistance to the indigent sick." Adopted. Paragraph 4 of Section II. 66 This will read "conventions for settling boundaries" instead of conventions for marking boundaries.” All of Article 10, except for the modifications and reservations formulated above, is provisionally adopted. It is also understood that it will be the subject of a further discussion when all of the members of the committee shall have received necessary instructions from their Governments. ARTICLE 11 The enumeration of the cases mentioned in the above article may be completed by subsequent agreements between the signatory Powers of the present Act. Besides, each of them may enter into a special agreement with another Power, with a view to making arbitration obligatory in the above cases before general ratification, as well as to extend the scope thereof to all cases which the State may deem it possible to submit to arbitration. Paragraph 1 is adopted without comment. Paragraph 2 is adopted with the reservation that changes in phraseology will be passed upon by the secretaries of the committee as decided before. In all other cases of international disputes, not mentioned in the above articles, arbitration, while certainly very desirable and recommended by the present Act, is only voluntary; that is to say, it cannot be resorted to except upon the suggestion of one of the parties in litigation, made of its own accord and with the express consent and full agreement of the other party or parties. Adopted with the following modification: Article 12 takes the place of Article 11, and Article 11 becomes Article 12. After a general exchange of views, the committee, at the suggestion of the PRESIDENT, decides that having examined cases of arbitration, it will study the question of a court - including the various plans hitherto presented concerning the question of a permanent tribunal - then that of procedure. Mr. Asser, alluding to a remark by his Excellency Sir JULIAN PAUNCEFOTE, presents the following proposal: The award is binding only on the parties. If there is a question as to the interpretation of the convention concluded by a larger number of States than those between which the dispute has arisen, the latter shall notify to the other signatory States the compromis they have signed and each of the signatory States shall be entitled to intervene in the arbitration suit. If one or more of these States avail themselves of this right, the interpretation of the Convention contained in the award shall be equally binding upon them. He intends to call the attention of the committee to this amendment from this time on. Order of business of the committee: Meeting, Wednesday, June 7, at 2 o'clock, in the Hall of the Truce: 1. Postponed draft of Article 10. 2. Discussion of the question of permanent tribunal of arbitration. The meeting is adjourned. FIFTH MEETING JUNE 7, 1899 1 Mr. Léon Bourgeois presiding. The minutes of the last meeting are read and approved. Examination upon First Reading of the Russian Draft Regarding Before beginning the discussion of the question of the permanent tribunal of arbitration, the PRESIDENT recognizes Mr. Asser who is ready to submit to the committee the draft of Article 10, prepared by him in company with several other members of the committee and Mr. RENAULT: Arbitration will be obligatory between the signatory Powers in the following cases, so far as they do not concern the vital interests or national honor of these Powers. I. In case of differences or disputes relating to pecuniary damages. [14] II. In case of differences or disputes touching the interpretation or application of the conventions mentioned below: 1. Conventions relating to posts, telegraphs, and telephones; 2. Conventions concerning the protection of submarine telegraph cables; 3. Conventions concerning transportation by railroad; 4. Conventions and regulations concerning methods intended to prevent collisions of vessels at sea; 5. Conventions concerning aid for the sick and wounded in time of war; 6. Conventions concerning the protection of literary and artistic works, and industrial property (patents, trade-marks and trade names); 7. Conventions concerning the system of weights and measures; 8. Conventions concerning reciprocal free assistance to the indigent sick; 9. Conventions relating to sanitation; conventions concerning epizooty and phylloxera; 10. Conventions concerning civil procedure; 11. Conventions of extradition; 12. Conventions for settling boundaries so far as they concern purely technical and nonpolitical questions. After this reading the President consults the committee as to the text of Article 10, paragraph by paragraph. Preliminary paragraph. A general discussion regarding the omission of the 1 Hall of the Truce. Present: His Excellency Mr. STAAL, president of the Conference; their Excellencies Count NIGRA, Sir JULIAN PAUNCEFOTE, honorary presidents of the Third Commission;_Chevalier DESCAMPS, president and reporter; Messrs. ASSER, Baron D'ESTOURNELLES DE CONSTANT, HOLLS, LAMMASCH, MARTENS, ODIER, Doctor ZORN, members of the committee of examination. 2 Annex 1. initial clause "upon the ratification of the present document by all the signatory Powers," and Messrs. LAMMASCH, NIGRA, DESCAMPS, etc., take part therein. This question is reserved until the text of the transitory article applicable to the entire act shall be agreed upon, as that article will necessarily be drafted by the Conference. Subject to this reservation the preliminary paragraph is adopted. Section I. Count Nigra remarks that the word "pecuniary" does not seem satisfactory to him. A general discussion takes place regarding the interpretation of the word "damages" which raises several entirely distinct questions. 1. A question of principle: that is whether a State which claims to have been injured has a right to damages. Will arbitration be obligatory both as to the principle of the claim itself and the responsibility of the Government concerned? 2. The principle of responsibility being admitted, is there any reason for inquiring whether arbitration should be obligatory as to the amount of the indemnity to be paid? 3. In the latter case should not arbitration cease to be obligatory if the claim is above a certain sum? Mr. Lammasch proposes to insert the following restriction: “If these damages are not the direct result of an act of the central authority." The question of adding this clause is put to vote. Messrs. ASSER, DESCAMPS, and LAMMASCH voted in favor of it; the other members voted against it. The President then consults the committee: (1) as to whether it shall be agreed that obligatory arbitration may apply to the question of responsibility. Messrs. ASSER, DESCAMPS, NIGRA, and ODIER voted aye. Messrs. BOURGEOIS, HOLLS, LAMMASCH, Sir JULIAN PAUNCEFOTE, STAAL, and ZORN voted no. (2) upon the application of obligatory arbitration to the determination of the amount of the indemnity-the principle being first admitted. The committee unanimously replies aye. (3) Finally, shall the amount of the indemnity be limited to a certain maximum sum? Messrs. ZORN, HOLLS, and Sir JULIAN PAUNCEFOTE replied aye. All other members replied no. Save for formal modifications the committee adopts the following text for Section I of Article 10: In case of differences or disputes regarding the determination of the amount of pecuniary indemnities, when the principle of indemnity is already recognized by the Parties: The President reads Section II. Paragraphs 1, 2, 3, 4 are adopted except for the omission of the word "telegraphic" in paragraph 2. Doctor Zorn proposes the omission of paragraph 5, " conventions concerning aid for the sick and wounded in time of war." He thinks this clause would lead to dangers and insurmountable difficulties, and would even subject the operations of war to obligatory arbitration. Messrs. Lammasch, Martens, Sir Julian Pauncefote endorse this view: [15] belligerents could not subject themselves to obligatory arbitration regarding the interpretation of the Geneva Convention, while a war was in progress. The President recognizes the seriousness of the difficulties pointed out, but |