tection of industrial property (trade-marks, patents), conventions concerning the use of weights and measures, conventions concerning sanitation, veterinary surgery, and measures to be taken to prevent phylloxera.

Besides treaties of a world-wide character, arbitration could also be ap[13] plied to the solution of differences arising from the interpretation and application of treaties concerning particular fields of private international law, civil and criminal.

It must be noted, however, that the most important questions of international law are actually decided by the particular legislation of each State.

Because of the difficulties of this situation, resulting in a great lack of definition of the mutual rights and duties of individuals in international intercourse, the question of a code of private international law has been considered. So long as this question is not definitely decided, either by the conclusion of separate treaties between States, or by the conclusion of a treaty of a world-wide character, it would be more prudent not to attempt obligatory arbitration except in questions relating to the right of succession of property, which is already, to a certain degree, sufficiently regulated by international treaties.

So far as questions of international criminal law which arise with regard to the interpretation of treaties concerning cooperation between States for the administration of justice are concerned, it would seem that these questions, being exclusively of a legal character, might be decided by obligatory arbitration, this appearing to be equally possible and desirable for all States.

Finally, with a view to preventing those disputes and misunderstandings which are so frequent among States with regard to the delimitation of boundaries, it would also seem most opportune to confide to obligatory arbitration the interpretation of so-called treaties of delimitation, so far as these are of a technical and non-political character.

Such are the limits within which it would be possible and desirable to determine the sphere of action of obligatory arbitration.

We may permit ourselves to believe that in time it will become possible to extend obligatory arbitration to cases not actually provided for in advance; but even within the limits above indicated, this means of action will be a great aid to the success of the great principles of law and justice in the international field. The Peace Conference, by recognizing as far as possible the use of arbitration as obligatory, will by that fact approach the goal which was set up before the Governments of the Great Powers at Aix-la-Chapelle in 1818. It will set an example of justice, concord, and moderation; it will sanction the efforts of all the Governments for the protection of peaceful arts, for the development of the eternal prosperity of States and for the reestablishment of the high ideals of religion and morality.

Annex 2, A

[14]

DECLARATION OF SIR JULIAN PAUNCEFOTE

(Meeting of May 26)

Mr. PRESIDENT: Permit me to ask, before going further in the matter, whether it would not be useful and opportune to sound the Commission upon the subject of the most important question - as I believe - which you mentioned in your address, the establishment of an international Permanent Court of Arbitration.

Many codes of arbitration and rules of procedure have been made, but procedure has been regulated up to the present by the arbitrators and by special or general treaties.

Now, it seems to me that new codes and rules of arbitration, whatever may be their merit, do not advance very much the great cause which brings us here. If we desire to take a step in advance, I believe that it is absolutely necessary to organize a permanent international tribunal which can assemble instantly at the request of contesting nations. This idea established, I believe that we shall not have very much difficulty in coming to an understanding upon the details. The necessity for such a tribunal and the advantage which it would offer, as well as the encouragement and even impetus which it would give to the cause of arbitration, have been set forth with vigor and clearness and equal eloquence by our distinguished colleague, Mr. DESCAMPS, in his interesting “Essay upon arbitration," an extract from which appears among the acts and documents so graciously furnished the Conference by the Netherland Government. There is nothing left for me to say upon this subject, therefore, and I would be grateful, Mr. PRESIDENT, if, before proceeding further, you would consent to gather the ideas and sentiments of the Commission upon the proposition which I have the honor to submit to you concerning the establishment of an international Permanent Court of Arbitration.

Annex 2, B

[15]

PERMANENT COURT OF ARBITRATION

PROPOSITION OF SIR JULIAN PAUNCEFOTE

1

With a view to facilitate immediate recourse to arbitration by States which may fail to adjust by diplomatic negotiations differences arising between them, the signatory Powers agree to organize in manner hereinafter mentioned, a permanent "tribunal of international arbitration" which shall be accessible at

all times and which shall be governed by the code of arbitration provided by this Convention, so far as the same may be applicable and consistent with any special stipulations agreed to between the contesting parties.

2

For that purpose a permanent central office shall be established at . where the records of the tribunal shall be preserved and its official business shall be transacted.

A permanent secretary, an archivist and a suitable staff shall be appointed who shall reside on the spot. This office shall be the medium of communication for the assembling of the tribunal at the request of the contesting parties.

3

Each of the signatory Powers shall transmit to the others the names of two persons of its nationality who shall be recognized in their own country as jurists or publicists of high character for learning and integrity and who shall be willing and qualified in all respects to act as arbitrators. The persons so nominated shall be members of the tribunal and a list of their names shall be recorded in the central office. In the event of any vacancy occurring in the said list from death, retirement or any other cause whatever, such vacancy shall be filled up in the manner hereinbefore provided, with respect to the original appointment.

4

Any of the signatory Powers desiring to have recourse to the tribunal for [16] the peaceful settlement of differences which may arise between them, shall

notify such desire to the secretary of the central office, who shall thereupon furnish such Powers with a list of the members of the tribunal from which they shall select such number of arbitrators as may be stipulated for in the arbitration agreement. They may besides, if they think fit, adjoin to them any other person, although his name shall not appear on the list. The persons so selected shall constitute the tribunal for the purposes of such arbitration and shall assemble at such date as may be fixed by the litigants.

The tribunal shall ordinarily hold its sessions at . . ., but it shall have power to fix its place of session elsewhere and to change the same from time to time as circumstances and its own convenience or that of the litigants may suggest.

5

Any Power, although not a signatory Power, may have recourse to the tribunal on such terms as shall be prescribed by the regulations.

6

The Government of . . . is charged by the signatory Powers to establish on their behalf as soon as possible after the conclusion of this Convention a Permanent Council of Administration at ... to be composed of five members and a secretary.

The Council shall organize and establish the central office, which shall be under its control and direction. It shall make such rules and regulations from time to time as may be necessary for the proper discharge of the functions of the office. It shall dispose of all questions which may arise in relation to the working of the tribunal or which may be referred to it by the central office. It shall have absolute power as regards the appointment, suspension or dismissal

of all employees and shall fix their salaries and control the general expenditure. The Council shall elect its president who shall have a casting vote. Three members shall form a quorum. The decisions of the Council shall be governed by a majority of votes.

The remuneration of the members shall be fixed from time to time by accord between the signatory Powers.

7

The signatory Powers agree to share among them the expenses attending the institution and maintenance of the central office and of the Council of Administration.

The expenses of and incident to every arbitration, including the remuneration of the arbiters, shall be equally borne by the contesting Powers.

Annex 3, A

[17]

RUSSIAN PROPOSAL

(a) ARTICLES WHICH MIGHT REPLACE ARTICLE 13

Project for an arbitral tribunal

ARTICLE 1

With a view to unifying international arbitral practice as much as possible, the contracting Powers have agreed to establish for a period of . . . years, an arbitral tribunal, to which the cases of obligatory arbitration enumerated in Article 10 will be submitted, unless the interested Powers agree upon the establishment of a special arbitral tribunal for the settlement of the dispute which has arisen between them.

Litigant Powers may also resort to the above-indicated tribunal in all cases of voluntary arbitration if a special agreement concerning the same is made between them.

It is of course understood that all Powers, not excepting those who are not contracting Powers nor those who have made reservations, can submit their differences to this tribunal by addressing the Permanent Bureau provided for in Article . . . of Appendix A.

ARTICLE 2

The organization of the arbitral tribunal is given in Appendix A of the present article.

The organization of arbitral tribunals established by special agreements between litigant Powers, as well as the rules of procedure to be followed during the investigation of the dispute and the rendering of the arbitral award, are set forth in Appendix B (Arbitral code).

The provisions contained in this latter Appendix may be modified by a special agreement between the States which resort to arbitration.

Annex 3, B

[18]

APPENDIX A, MENTIONED IN THE ADDITIONAL ARTICLE 2 OF THE RUSSIAN PROPOSAL

CONSTITUTION OF AN ARBITRAL TRIBUNAL

In the absence of a special compromis the arbitral tribunal provided for in Article 13 shall be formed as follows:

1. The contracting parties establish a permanent tribunal for the solution of the international disputes which are referred to it by the Powers by virtue of Article 13 of the present Convention.

2. The Conference shall designate for the period which will elapse before the meeting of another Conference, five Powers, each one of which, in case of a request for arbitration, shall name a judge, either from its own nationals or from others.

The judges thus named form the arbitral tribunal with power to consider the case which has arisen.

3. If one or more Powers among those in litigation are not represented upon the arbitral tribunal, by virtue of the preceding article, each of the two parties in litigation shall have the right to be represented thereon by a person of its own choice acting as judge and having the same rights as the other members of the tribunal.

4. The tribunal shall choose its president from among its members and he, in case of equal division of votes, shall have the deciding vote.

5. A Permanent Bureau of arbitration shall be established by the five Powers who are designated by virtue of the present act to create the arbitral tribunal. They shall draft the rules governing this Bureau, appoint employees thereof, provide for their successors in case of necessity, and shall fix their salaries. This Bureau, the office of which shall be at The Hague, shall consist of a secretary general, an assistant secretary, a secretary to act as archivist, as well as the rest of the personnel who shall be appointed by the secretary general.

6. The expenses of maintaining this Bureau shall be divided among the States in the proportions established for the International Postal Bureau.

7. The Bureau shall make an annual report of its business to the five Powers which appoint it, and the latter shall transmit this report to the other Powers.

8. The Powers between which a dispute has arisen shall address the Bureau and furnish it with the necessary documents. The Bureau shall advise the five Powers above mentioned and they shall immediately create the tribunal. The tribunal shall meet ordinarily at The Hague; it may also meet in another city, if an agreement to this effect is reached by the interested States.

9. During the work of the tribunal the Bureau shall furnish the secretarial staff. It shall follow the tribunal in case of change of meeting-place. The archives of the international tribunal shall be deposited with the Bureau.

10. Procedure before the tribunal above mentioned shall be governed by the provisions of the arbitral code.