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Article 27 The Court considers its decisions in private, and the proceedings remain secret.
All questions are decided by a majority of the Judges present. If the number of Judges is even and equally divided, the vote of the junior Judge, in the order of precedence laid down in Article 4, paragraph 1, is not counted.
Article 28 The judgment of the Court must state the reasons on which it is based. It recites the names of the Judges taking part in it, and is signed by the President and by the Registrar.
Article 29 Each party pays its own costs and an equal share of the costs of the trial.
Article 30 The provisions of Articles 21 to 29 are applicable so far as may be to the procedure before the delegation.
When the right of adding a member to the delegation has been exercised by one of the parties only, the vote of the additional member is not recorded if the votes are equally divided.
Article 31 The general expenses of the Court are borne by the Contracting Powers.
The Administrative Council applies to the Powers to obtain the funds requisite for the working of the Court.
Article 32 The Court itself draws up its own rules of procedure, which must be communicated to the Contracting Powers.
After the ratification of the present Convention the Court shall meet as early as possible in order to draw up these rules, to elect the President and Vice-President, and to appoint the members of the delegation.
Article 33 The Court may propose modifications in the provisions of the present Convention concerning procedure. These proposals are communicated through the Netherland Government to the Contracting Powers, which will confer together as to the measures to be taken.
PART III - FINAL PROVISIONS
Article 34 The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague.
A Protocol of the deposit of each ratification shall be drawn up, of which a duly certified copy shall be sent through the diplomatic channel to all the Signatory Powers.
Article 35 The Convention shall come into force six months after its ratification.
It shall remain in force for twelve years, and shall be tacitly renewed for periods of twelve years, unless denounced.
The denunciation must be notified, at least two years before the expiry of each period, to the Netherland Government, which will inform the other Powers.
The denunciation shall only operate in respect of the denouncing Power. The Convention shall continue in force as far as the other Powers are concerned.
NOTE. — This “Draft Convention” is confessedly incomplete. It contains no provisions for the constitution of the Court whose functions it describes. The Powers were unable to agree on this question; but they were unwilling to lose the benefit of the agreement they had reached on other points. They therefore placed first among the wishes they expressed in the Final Act of the Hague Conference of 1907 the following aspiration:
“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."
The trouble with regard to the constitution of the Court arose from the exaggerated notions of equality entertained by numbers of the lesser states. They claimed not merely equality before the law but equality of influence, condition, and opportunity-a position fatal to any possibility of realising the idea of a rudimentary federal constitution of the Society of Nations, which seems the only way to reconcile the free development of national life with the restraints on individual action in common affairs that are necessary in any form of society. The United States endeavoured to turn the difficulty by suggesting in 1909 that the International Prize Court should be entrusted with the functions ascribed in this Convention to the Judicial Arbitration Court. But up to the present time (June, 1914) the International Prize Court itself has not been constituted. In all probability the question will be left over for the next Hague Conference to deal with. A strong permanent Court is certainly needed to develop the jurisprudence of arbitration on legal lines. But for questions which transcend law and go down to the very roots of national life a tribunal is required which will give weight in its decisions to considerations of equity, humanity, and human progress. Its evolution will not be a short or easy process.
DOCUMENTS ILLUSTRATING QUESTIONS CONNECTED WITH THE LAW OF NEUTRALITY
1. The United States Foreign Enlistment Act, 1818 Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign Prince, State, Colony, district, or people, in war, by land or by sea, against any Prince, State, Colony, district, or people with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanour, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years.
Sect. 2. And be it further enacted, That if any person shall within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted in the service of any foreign Prince, State, Colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanour, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years: Provided, that this Act shall not be construed to extend to any subject or citizen of any foreign Prince, State, Colony, district or people, who shall transiently be within the United States, and shall on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States, was fitted and equipped as such, enter and enlist himself, or hire or retain another subject or citizen of the same
foreign Prince, State, Colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign Prince, State, Colony, district, or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign Prince, State, Colony, district, or people.
Sect. 3. And be it further enacted, That if any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming, of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign Prince, or State, or of any Colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign Prince or State, or of any Colony, district or people with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid, every person so offending shall be guilty of a high misdemeanour and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one-half to the use of the informer, and the other half to the use of the United States.
Sect. 4. And be it further enacted, That if any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming, any private ship or vessel of war, or privateer, with intent that such ship or vessel shall be employed to cruise, or commit hostilities, upon the citizens of the United States, or their property, or shall take the command of, or enter on board of any such ship or vessel, for the intent aforesaid, or shall purchase any interest in any such ship or vessel, with a view to share in the profits thereof,