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deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be immediately sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have acceded to the Convention. The said Government shall in the cases contemplated in the preceding paragraph inform them at the same time of the date on which it received the notification.
Non-Signatory Powers which have been invited to the Second Peace Conference may accede to the present Convention.
A Power which desires to accede notifies its intention in writing to the Netherland Government, forwarding to it the act of accession, which shall be deposited in the archives of the said Government.
The said Government shall immediately forward to all the other Powers invited to the Second Peace Conference a duly certified copy of the notification as well as of the act of accession, mentioning the date on which it received the notification.
Article 94 The conditions on which the Powers not invited to the Second Peace Conference may accede to the present Convention shall form the subject of a subsequent agreement between the Contracting Powers.
Article 95 The present Convention shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently or which shall accede, sixty days after the notification of their ratification or of their accession has been received by the Netherland Government.
In the event of one of the Contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers informing them of the date on which it was received.
The denunciation shall only operate in respect of the denouncing Power, and only on the expiry of one year after the notification has reached the Netherland Government.
A register kept by the Netherland Ministry for Foreign Affairs shall record the date of the deposit of ratifications effected in virtue of Article 92, paragraphs 3 and 4, as well as the date on which the notifications of accession (Article 93, paragraph 2) or of denunciation (Article 96, paragraph 1) have been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single original, which shall remain deposited in the archives of the Netherland Government, and of which duly certified copies shall be sent, through the diplomatic channel, to the Contracting Powers.
NOTE. — There is little to append to the text of this Convention unless a treatise on it were added, which for obvious reasons is impossible here. It is, however, desirable to say that, if there is a general acceptance by the powers of the proposals now before them in the name of the United States of America (June, 1914), a new and, it is to be hoped, potent means for the peaceful settlement of international disputes will be added to those already in existence.
The suggestion was made by Mr. William J. Bryan, the United States Secretary of State, soon after his accession to office in 1913. He proposed that two or more Powers should agree among themselves to refer all disputes they could not settle by diplomatic means to an International Commission for investigation and report, and should bind themselves not to go to war until the Report of the Commission had been received. It was further suggested that a year should be granted to the Commissioners for the exercise of their functions, and that during this period the parties to the dispute should not make any increase in their warlike forces, unless danger from a third power was threatened. These proposals were embodied in a treaty, signed on August 7, 1913, between the United States and the Republic of Salvador; and this treaty was but the first of a series which had reached to nearly a dozen by the end of the year. Each International Commission was to consist of five members, two chosen by each of the disputing Governments, one of them from its own citizens and the other from a third country, and the fifth selected by common agreement between the two Governments. Negotiations are still going on. Most of the Powers are favourably disposed; though there is a disposition in some quarters to drop the mutual promise of the parties not to increase their naval or military forces pending the preparation of the Report of the Commission. This is not an essential part of the plan. The great things are to obtain an impartial Report, and to secure a delay for passions to cool. These things being gained, few states would go to war in cold blood at the end of a year, with a document staring them in the face, signed by their own Commissioners and recommending a peaceful way out of the dispute.
18. The Hague Convention of 1907 respecting the Limitation of
the Employment of Force for the Recovery of Contract Debts
The Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the Government of one country by the Government of another country as being due to its subjects or citizens.
This undertaking is, however, not applicable when the debtor State refuses or neglects to reply to an offer of arbitration, or, after accepting the offer renders the settlement of the Compromis impossible, or, after the arbitration, fails to comply with the award.
Article 2 It is further agreed that the arbitration mentioned in the second paragraph of the preceding Article shall be subject to the procedure laid down in Part IV, Chapter 3, of the Convention of The Hague for the Pacific Settlement of International Disputes. The award shall determine, except where otherwise agreed between the parties, the validity of the claim, the amount of the debt, and the time and mode of payment.
NOTE. — The remaining Articles give the usual provisions about ratification, denunciation, etc., all of which may be found in Part III, No. 2. The Convention has an importance out of all proportion to its length. It establishes something closely resembling obligatory arbitration by making the freedom of the debtor state from armed attack on the part of the creditor state depend upon its willingness not only to accept arbitration, but also to put no obstacle in its way when accepted and to carry out the award when given. But on the other hand it leaves the creditor state free to make or not to make an offer of arbitration, as it pleases. It is probably but a beginning, which may end in some system of compulsory procedure before an International Court in many kinds of international disputes.
19. Draft of Hague Convention of 1907 concerning the Creation
of a Judicial Arbitration Court
PART I - CONSTITUTION OF THE JUDICIAL
Article 1 With the view of promoting the cause of arbitration, the Contracting Powers agree to constitute, without derogation to the Permanent Court of Arbitration, a Judicial Arbitration Court, of free and unrestricted access, composed of Judges representing the various juridical systems of the world, and capable of insuring continuity in the jurisprudence of arbitration.
Article 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 as 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 six months after the ratification of the present Convention.
Article 3 The Judges and Deputy Judges are appointed for a period of twelve years, reckoned 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 one of the Judges, or Deputy Judges die or resign, the same procedure is followed in filling the vacancy as was followed in appointing him. In this case, the appointment is made for a fresh period of twelve years.
Article 4 The Judges of the Judicial Arbitration Court are equal amongst themselves, and have precedence according to the date of the notification of their appointment. The Judge who is senior in point of age takes precedence when the date of notification is the same.
The Deputy Judges when acting are in the same position as the Judges. They rank, however, after the latter.
Article 5 The Judges enjoy diplomatic privileges and immunities in the performance of their duties, and when outside their own country.
Before taking their seat, the Judges and Deputy Judges shall take an oath, before the Administrative Council, or make a solemn affirmation to discharge their duties impartially and conscientiously.
Article 6 The Court annually nominates three Judges to form a special delegation and three more to replace them if the former are unable to act. They are eligible for re-election. The election is by ballot. The persons who secure the largest number of