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ART. 8. The office of Mediator consists in reconciling the opposing claims, and appeasing the resentments which may have arisen between the Nations in conflict.

ART. 9. The functions of the Mediator cease from the moment when it is announced, either by one of the Contending Parties, or by the Mediator himself, that the means of conciliation proposed by the latter are not accepted.

ART. 10. Good Offices and Mediation, whether at the request of the Parties in conflict or on the initiative of Powers who have no part in it, are only in the nature of advice, and never of obligatory force.

ART. 11. The acceptance of mediation cannot have the effect, in the absence of an agreement to the contrary, of interrupting, retarding, or hindering mobilisation or other measures preparatory to war. If mediation should take place after the opening of hostilities, it shall not, in the absence of an agreement to the contrary, interrupt the course of the military operations.

ART. 12. In the case of grave differences which threaten to disturb the Peace, and whenever the interested Powers are unable to agree as to the election or acceptance of one of the friendly Powers as mediator, the disputing States are recommended to select a Power, which shall be specially entrusted with the mission of entering into direct relations with a Power chosen by the other interested nation, with the object of preventing the rupture of pacific relations.

During the continuance of this mandate, the duration of which, unless the contrary is stipulated, cannot exceed thirty days, the contending States shall cease all direct negotiation with reference to the dispute, which is to be considered as referred, exclusively, to the mediating Powers.

Should these friendly Powers be unable to come to an agreement as to the proposal of a solution acceptable to those who are in conflict, they shall designate a third, to which the mediation shall be entrusted.

In case of actual rupture of pacific relations, this third Power shall remain charged with the mission of profiting by every opportunity to reestablish Peace.

ART. 13. In disputes of an international character, arising from a difference in their estimate of matters of fact, the Signatory Republics consider it useful that the parties which have not been able to agree by diplomatic means should institute, as far as circumstances will permit, an International Commission of Inquiry, entrusted with the duty of facilitating the settlement of these disputes, by clearing up the questions of fact, by means of an impartial and conscientious investigation.

ART. 14. International Commissions of Inquiry are constituted by Special Convention between the parties in litigation. The Agreement shall specify the facts that are to be the subject matter of examination, as well as the extent of the powers of the Commissioners, and shall regulate the procedure to which they must adhere. The inquiry shall proceed by hearing both parties in turn, and the procedure and time allowed for the investigation, if not fixed by the agreement, shall be determined by the Commission itself.

ART. 15. International Commissions of Inquiry shall be constituted, unless it is stipulated to the contrary, in the same manner as the Arbitration Tribunal.

ART. 16. It is obligatory on the part of the Powers in litigation to furnish the International Commission of Inquiry, to the fullest extent they may consider possible, all the means and facilities necessary for the complete knowledge and exact appreciation of the facts in question.

ART. 17. The above mentioned Commissions shall be limited to the determination of matters of fact, and to the expression of opinion on those that are merely technical.

ART. 18. The International Commission of Inquiry shall present its report to the Powers that appointed it, signed by all the members of the Commission. This report, being limited to the investigation of matters of fact, shall by no means have the character of an arbitral award, and shall leave the contending Powers in entire freedom as to the value they shall attach to it.

ART. 19. The constitution of Commissions of Inquiry may be included in the Agreements (compromis) of Arbitration, as a preliminary procedure, in order to determine the facts that are to form the subject of adjudication.

ART. 20. The present Treaty does not annul any previous ones existing between two or more of the Contracting Parties, in so far as they give greater extension to obligatory arbitration. Nor does it alter the stipulations on Arbitration relating to specific questions that have already arisen, nor the course of the Arbitration procedure that is being followed with respect to them.

ART. 21. This Treaty shall become operative, without the necessity of the exchange of ratifications, as soon as three at least of the Signatory States shall notify their approval to the Government of the United States of Mexico, which will communicate it to the other Governments.

ART. 22. Non-signatory Powers may, at any time, give their adhesion to the present treaty. If any one of the Signatory Powers shall desire

to regain its liberty it must denounce the Treaty, but such denunciation can take effect solely in the case of the Power making it, and then only after the expiration of one year from the completion of the denunciation. Should the denouncing Power have any questions of arbitration pending at the expiration of the year, the denunciation shall not take effect in regard to the case still to be decided.

GENERAL DISPOSITIONS.

I. The present Treaty shall be ratified as soon as possible.

II. The ratifications shall be forwarded to the Ministry for Foreign Affairs of Mexico, where they shall be deposited.

III. The Mexican Government shall send a certified copy of each ratification to the other Contracting Governments.

In witness hereof, they (the Delegates) have signed the present Treaty, and have respectively affixed their seals thereto.

Done at the City of Mexico, the 29th of January, 1902, in a single original, which shall remain deposited at the Ministry for Foreign Affairs of the United States of Mexico, certified copies of which shall be sent through diplomatic channels to the contracting Governments.

[Signed by the Delegates for the Argentine, Bolivian, Dominican, Guatemalan, Salvadorian, Mexican, Paraguayan, Peruvian, and Uruguayan Republics.]

Treaty for the Arbitration of Pecuniary Claims between United States of America, Argentine Republic, Bolivia, Colombia, Costa Rica, Chile, the Dominican Republic, Ecuador, El Salvador, Guatemala, Hayti, Honduras, Mexico, Nicaragua, Paraguay, Peru, and Uruguay.1 Signed January 30, 1902.

Their Excellencies the Presidents of the Argentine Republic, Bolivia, Colombia, Costa Rica, Chile, Dominican Republic, Ecuador, El Salvador, the United States of America, Guatemala, Hayti, Honduras, the United Mexican States, Nicaragua, Paraguay, Peru and Uruguay,

Desiring that their respective countries should be represented at the Second International American Conference, sent thereto duly authorized to approve the recommendations, resolutions, conventions and treaties.

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1 Foreign Relations of the United States, 1905, page 650.

that they might deem convenient for the interests of America, the following Delegates:

For the Argentine Republic. - Their Excellencies Antonio Bermejo, Martín García Mérou, Lorenzo Anadon.

For Bolivia. His Excellency Fernando E. Guachalla.

For Colombia. Their Excellencies Carlos Martinez Silva, General Rafael Reyes.

For Costa Rica. - His Excellency Joaquin Bernado Calvo.

For Chile.

Their Excellencies Alberto Blest Gana, Emilio Bello

Codecido, Joaquin Walker Martinez, Augusto Matte.

For the Dominican Republic. - Their Excellensies Federico Henriquez y Carvajal, Luis Felipe Carbo, Quintin Gutierrez.

For Ecuador. His Excellency Louis Felipe Carbo.

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For El Salvador. Their Excellencies Francisco A. Reyes, Baltasar Estupinián.

For the United States of America. Their Excellencies Henry G. Davis, William I. Buchanan, Charles M. Pepper, Volney W. Foster, John Barrett.

For Guatemala. - Their Excellencies Antonio Lazo Arriaga, Colonel Francisco Orla.

For Hayti. His Excellency J. N. Léger.

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For Honduras. - Their Excellencies José Leonard, Fausto Dávila. For Mexico. Their Excellencies Genaro Raigosa, Joaquín D. Casasús, José López Portillo y Rojas, Emilio Pardo, jr., Pablo Macedo, Alfredo Chavero, Francisco L. de la Barra, Manuel Sánchez Mármol, Rosendo Pineda.

For Nicaragua. - His Excellency Luis F. Corea, His Excellency Fausto Davila.

For Paraguay.

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His Excellency Cecilio Baez.

For Peru. Their Excellencies Isaac Alzamora, Alberto Elmore, Manuel Alvarez Calderón.

For Uruguay. His Excellency Juan Cuestas;

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Who, after having communicated to each other their respective full powers and found them to be in due and proper form, excepting those presented by the representatives of Their Excellencies the Presidents of the United States of America, Nicaragua and Paraguay, who act "ad referendum," have agreed, to celebrate a Treaty to submit to the decision of arbitrators Pecuniary Claims for damages that have not been settled by diplomatic channel, in the following terms:

ARTICLE 1. The High Contracting Parties agree to submit to arbitra

tion all claims for pecuniary loss or damage which may be presented by their respective citizens, and which cannot be amicably adjusted through diplomatic channels and when said claims are of sufficient importance to warrant the expenses of arbitration.

ART. 2. By virtue of the faculty recognized by Article 26 of the Convention of The Hague for the pacific settlement of international disputes, the High Contracting Parties agree to submit to the decision of the permanent Court of Arbitration established by said Convention, all controversies which are the subject matter of the present Treaty, unless both Parties should prefer that a special jurisdiction be organized, according to Article 21 of the Convention referred to.

If a case is submitted to the Permanent Court of The Hague, the High Contracting Parties accept the provisions of the said Convention, in so far as they relate to the organization of the Arbitral Tribunal, and with regard to the procedure to be followed, and to the obligation to comply with the sentence.

ART. 3. The present Treaty shall not be obligatory except upon those States which have subscribed to the Convention for the pacific settlement of international disputes, signed at The Hague, July 29, 1899, and upon those which ratify the Protocol unanimously adopted by the Republics represented in the Second International Conference of American States, for their adherence to the Conventions signed at The Hague, July 29, 1899.

ART. 4. If, for any cause whatever, the Permanent Court of The Hague should not be opened to one or more of the High Contracting Parties, they obligate themselves to stipulate, in a special Treaty, the rules under which the Tribunal shall be established, as well as its form of procedure, which shall take cognizance of the questions referred to in article 1 of the present Treaty.

ART. 5. This Treaty shall be binding on the States ratifying it, from the date on which five signatory governments have ratified the same, and shall be in force for five years. The ratification of this Treaty by the signatory States shall be transmitted to the Government of the United States of Mexico, which shall notify the other Governments of the ratifications it may receive.

In testimony whereof the Plenipotentiaries and Delegates also sign the present Treaty, and affix the seal of the Second International American. Conference.

Made in the City of Mexico the thirtieth day of January nineteen hundred and two, in three copies, written in Spanish, English and

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