lari ,5-T'»;;rv. ’V.,, ■ ' ' ' i ^ ■^“'^^^‘*“^^l^|;-Tj3SE"FlR8T;:AJJD';SECONa «i.>w-»p«'^'<^ ^ T'(3^3ETP' tl ER> ' AiBlTRivT^N' cdiJlR^ lilpSlar ' ; f 4^, '»/?> '*MHi \*^ciN;''CI^^,i 2 ) .OF l^^^OntSlNO ' " v. 'TiWc'.'GAgEs. ^ ■■^,. , .yi', , '•.';.;v, ;;'?'y\,>;'' ' ■' , ■■ \ /•■ '■’ Niv 9 Tai liAimE DBa^RATiok 3;^ o#i 18» comTcbenino : . ; ■iKo'i^4.at$. :; . ;■■ :: "'.-''h'ji' .■''>.■■ ■ ■' '.‘ 'v' ...It)’ THB.FiKAit, acts. OF 'arjiE Fi*ST'Attto:.$s^B'\iLsLfl FFJKENCES.:. 'TWa*Hftt yfvhs. ftt. PRAFT .COWyEStTWT ,.<»*;. A.. • JC»:C^AI.'1lijeBlXttATl6NX0(IR^ , 'y' /.'. ^ ^ ' • ' -' » •"' n‘ Ta« Hague CoNVBunoK (II) of IW OF tHE Employment of Force 'FOR the Rscovillfy ^of?^ ►. 12 ■ The Hague CoNVENTTiiN Xnt!) o* 1907, REtAfivi we pre‘ ' ,' or HosTitmEs. . ..y ■ '■, ' ■• ''jr' V >. 13 Tax Hague CourwiitoN (V) :<^/i907 mwj^i»C tbe Dunss. i»F;' fJEOTRAL Powers and PiSsi^t 4Ny^?E W on 'Land. ' ■ ..■,g ■ No.-‘i 4 ■ The Ha 6 ue ^ O'-' Enem' ‘ --y C ■\r'9 .... ^ IJi'i /'VTTX 'inr^- nux 'J^wfo^aEWT ' ■i . The Vkil^O^ 19 The Hague .:C oN^NTioN;(Xli) of 1907 TustATivE . ■v' ■' ■ •'■■■••', pF..'^'iNTia'»ATi 6 WAL;!PRi*E. 'C ourt, v, •■; ■.• . No .;20 ' Ta^;HAcvfe ^j^ENTioN'^( 3 Cm) .o^ 1907 ^Ntitoo - '.'..y. - ■ -AND';p’UTi»^'^OF«;^EU!rKAV.''P9Ws.iW :.. y;:; y" ’ y/ ; y yTheVpamj^ttslin^'this series sFiv jssaei-OTM^^ y^do^irt^ Ifltftrnatipsiat 'Peioe, aofJ Tn^‘ 1 j€) 6 btame^ .Iff' ■; die ;S«nXary,''; 2 >'.Ta^son .PlE«,tV^asWn^toH»' 'l^C* ' .., y; Tije , Hague; Ml ' llshPcI HI' bo^k for^ doth t b}n 4 iiie.*''Niilh Mi gCBtpaid,; ■• ' • '.‘'l.'-;' • -. ■ Carnegie Endowment for International Peace DIVISION OF INTERNATIONAL LAW Pamphlet No. 10 THE FINAL ACTS OF THE FIRST AND SECOND HAGUE PEACE CONFERENCES, TOGETHER WITH THE DRAFT CONVENTION ON A JUDICIAL ARBITRATION COURT PUBLISHED BY THE ENDOWMENT WASHINGTON, D. C. 1915 Digitized by the Internet Archive in 2017 with funding from Princeton Theological Seminary Library https://archive.org/details/pamphlets10carn Preface In view of the very great interest at the present time in the Conven- tions and signed Declarations of the First and Second Hague Confer- ences, and particularly because of the need of accurate information as to ratifications of and adhesions to the Conventions and Declarations relating to war, the Endowment has prepared a series of pamphlets in order that the public may learn from reliable sources the status of these international agreements and the extent to which the Powers now at war are bound by their provisions. ‘ The first pamphlet of this series (No. 3 of the pamphlet series of the Division of International Law) contains the respective Tables of Signatures, Ratifications, Adhesions and Reservations of the Conven- tions and Declarations of the two Conferences. The compilation has been made from official sources, and the tables have been certified as accurate by the Department of State of the United States. In all cases the reservations contained in the proces-verbaux, but only referred to in the official tables issued by the International Bureau of the Perma- nent Court of Arbitration, have been translated and printed in full, with the references to the official reports where their texts appear. Without the complete text of a reservation it is impossible to know to what extent a Power is bound by a Convention or Declaration. The Conventions and Declarations, as the case may be, of the two Conferences, are printed separately in the succeeding numbers of the pamphlets, accompanied by the respective lists of countries which have (a) ratified, or (b) adhered to, or (c) signed hut not ratified them, with the date of the particular action taken. Each Convention or Declaration is followed also by the texts of reservations, as indicated above respecting the pamphlet containing the Tables of Signatures, Ratifications, etc. (No. 3). The English translations of the original French texts of the several Conventions, Declarations and Final Acts of the Conferences reproduce the official translations of the Depart- ment of State, except that a few obvious misprints, and an occasional mistranslation, have been corrected. Marginal notes have been added to facilitate reference. IV Inasmuch as most of the Conventions and Declarations of the Con- ferences concerning war contain a clause to the effect that they only bind belligerents which have ratified them, and then only if all the belligerents are contracting Powers, there is appended a list of the countries now at war and the dates of the formal declarations or announcements of the existence of a state of war. It should be noted that the Conventions and Declarations are not binding prior to the deposit of ratifications at The Hague. The mere signature of these conventional agreements may be regarded as the indi- cation of an intention to ratify them, but creates no legal obligation. Adhesion has the effect of ratification. In this relation it is proper to remark that only the formal agreements of the Conferences — such as the Conventions and the signed Declarations — contemplate ratification. The informal agreements — such as the unsigned Declarations, Resolu- tions, Recommendations, and Vccux — are not signed separately. They are contained in the Final Act, which is an official summary of the proceedings of each Conference, and as such is signed. A word should be said about the additional protocol to the Con- vention for an International Prize Court. It was not agreed upon at the Second Hague Conference, but was subsequently negotiated in order to remove objections to the Prize Court Convention. The sig- natures to it are indicated in the last column of the table of signatures of the Second Conference. The Conventions and Declarations are numbered as in the Final Acts. The official published proceedings of the First Conference are re- ferred to in the footnotes as Proces-verhaux, those of the Second as Actes et documents. The full titles of the publications are respect- ively: (1) Conference internationale de la paix. La Haye, i8 mai~ eg juillet, i8gg. Ministere des affaires etrangcres. Nouvelle edition. La Haye. Martinus Nijhoff, igoy; (2) Deuxieme conference Inter- nationale de la paix. La Haye, 15 juin-i8 octobre, igop. Actes et documents. Ministere des affaires etrangcres. La Haye, imprimerie nationale, igoy. James Brown Scott, Director of the Division of International Lazv. Washington, D. C., December eg, igi4. THE FINAL ACTS OF THE FIRST AND SECOND HAGUE PEACE CONFERENCES, TOGETHER WITH THE DRAFT CONVENTION ON A JUDICIAL ARBITRATION COURT 1899 Final Act of the International Peace Conference. — Signed at The Hague, July 29, 1899. 1 The International Peace Con- ference, convoked in the best in- terests of humanity by His Majes- ty the Emperor of All the Russias, assembled, on the invitation of the Government of Her Majesty the Queen of the Netherlands, in the Royal House in the Wood at The Hague on the 18th May, 1899. The Powers enumerated in the following list took part in the Con- ference, to which they appointed the delegates named below : For Germany : His Excellency Count de Miin- ster, German Ambassador at Paris, delegate plenipoten- tiary ; The Baron de Stengel, profes- sor at the University of Mu- nich, second delegate ; 1907 Final Act of the Second Inter- national Peace Conference. — Signed at The Hague, October 18, 1907. The Second International Peace Conference, proposed in the first instance by the President of the United States of America, having been convoked, on the invitation of His Majesty the Emperor of All the Russias, by Her Majesty the Queen of the Netherlands, as- sembled on the 15th June, 1907, at The Hague, in the Hall of the Knights, for the purpose of giving a fresh development to the hu- manitarian principles which served as a basis for the work of the First Conference of 1899. The following Powers took part in the Conference, and appointed the delegates named below : Germany : His Excellency Baron Mar- schall de Bieberstein, Minis- ter of State, Imperial Ambas- .sador at Constantinople, first delegate plenipotentiary ; Mr. Kriege, Imperial Envoy on Extraordinary Mission at the Convocation. Delegates. Germany. 2 United States. 1899 Dr. Zorn, Judicial Privy Coun- cilor,- professor at the Uni- versity of Konigsberg, scien- tific delegate; Colonel de Gross de Schwarz- hoff. Commandant of the 5th Regiment of Infantry, No. 94, technical delegate; Captain Siegel, Naval Attache to the Imperial Embassy at Paris, technical delegate. 1907 present Conference, Privy Councilor of Legation and Legal Adviser to the Minis- try for Foreign Affairs, mem- ber of the Permanent Court of Arbitration, second dele- gate plenipotentiary; Rear-Admiral Siegel, Naval At- tache to the Imperial Embas- sy at Paris, naval delegate ; Major General de Giindell, Quartermaster General of the General Staff of the Royal Prussian Army, mili- tary delegate ; Mr. Zorn, professor to the Fac- ulty of Law at the University of Bonn, Judicial Privy Councilor, member of the Prussian Upper Chamber, and Crown Syndic, scientific delegate ; Mr. Goppert, Counselor of Le- gation and Counselor attached to the Department for For- eign Affairs, assistant dele- gate; Mr. Retzmann, Lieutenant Commander on the Naval General Staff, assistant naval delegate. The United States of America : His Excellency Mr. Joseph H. Choate, ex-Ambassadqr at London, Ambassador Ex- traordinary, delegate plenipo- tentiary ; ^The order of the countries in the original of the 1899 Final Act has been here departed from in a few instances (United States, Mexico and Bulgaria) for the purpose of presenting each country’s respective delegations to the 1899 and 1907 Conferences in juxtaposition. For the United States of America 4 His Excellency Mr. Andrew D. White, United States Ambas- sador at Berlin, delegate plen- ipotentiary ; 3 1899 The Honorable Seth Low, pres- ident of the Colombia Uni- versity at New York, delegate plenipotentiary ; Mr. Stanford Newel, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipoten- tiary ; Captain Alfred T. Mahan, Uni- ted States Navy, delegate plenipotentiary ; ]Mr. William Crozier, Captain of Artillery, delegate plenipo- tentiary ; jMr. Frederick W. Holls, a*dvo- cate at New York, delegate and secretary to the delega- tion. 1907 His Excellency Mr. Horace Porter, ex-Ambassador at Paris, Ambassador Extraor- dinary, delegate plenipoten- tiary ; His Excellency Mr. Uriah M. Rose, Ambassador Extraor- dinary, delegate plenipoten- tiary ; His Excellency Mr. David Jayne Hill, ex- Assistant Sec- retary of State, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, delegate plenipotentiary ; Rear-Admiral Charles S. Sper- ry, ex-president of the Naval War College, Minister Pleni- potentiary, delegate plenipo- tentiary ; Brigadier General George B. Davis, Judge Advocate Gen- eral of the United States Army, Minister Plenipoten- tiary, delegate plenipoten- tiary ; Mr. William I. Buchanan, ex- Minister at Buenos Aires, ex-Minister at Panama, Min- ister Plenipotentiary, delegate plenipotentiary ; Mr. James Brown Scott, Solici- tor for the Department of State, technical delegate; Mr. Charles Henry Butler, Re- porter of the Supreme Court, technical delegate. 1899 Argentine Republic. Austria- Hungary. For Austria-Hungary : His Excellency Count R. VVel- sersheimb, Ambassador Ex- traordinary and Plenipoten- tiary, first delegate, plenipo- tiary ; Mr. Alexandre Okolicsanyi d’Okolicsna, Envoy Extraor- dinary and Minister Plenipo- tentiary at Tbe Hague, sec^ 1907 The Argentine Republic ; His Excellency Mr. Roque Saenz Pena, ex-Minister for Eoreign Affairs, Envoy Ex- traordinary and Minister Plenipotentiary at Rome, member of the Permanent Court of Arbitration, delegate plenipotentiary ; His Excellency Mr. Luis M. Drago, ex-Minister for For- eign Affairs, deputy member of the Permanent Court of Arbitration, delegate plenipo- tentiary ; His Excellency Mr. Carlos Rodriguez Larreta, ex-Minis- ter for Eoreign Affairs, member of the Permanent Court of Arbitration, dele- gate plenipotentiary ; General Erancisco Reynolds, Military Attache at Berlin, technical delegate ; Captain Juan A. Martin, ex- Minister of Marine, Naval Attache at London, technical delegate. Austria-Hungary : His Excellency Mr. Gaetan Merey de Kapos-Mere, Privy Councilor of His Imperial and Royal Apostolic Majesty, Ambassador Extraordinary and Plenipotentiary, first del- egate plenipotentiary ; His Excellency Baron Charles de Macchio, Envoy Extraor- 5 1899 ond delegate, plenipotentiary ; Mr. Gaetan Merey de Kapos- Mere, Counselor of Embassy and Chief of. Cabinet of the Minister for Foreign Affairs, assistant delegate; Mr. Henri Lammasch, profes- sor at the University of Vi- enna, assistant delegate; Mr. Victor de Khuepach zu Ried, Zimmerlehen and Hasl- burg. Lieutenant Colonel on the General Staff, assistant delegate ; Count Stanislas Soltyk, Captain of Con'-ette, assistant dele- gate. For Belgium: His Excellency Mr. Auguste Beernaert, Minister of State, President of the Chamber of Representatives, delegate plenipotentiary ; 1907 dinary and Minister Pleni- potentiary at Athens, second delegate plenipotentiary ; Mr. Henri Lammasch, profes- sor at the University of Vi- enna, Aulic Councilor, mem- ber of the Austrian Upper Chamber of the Reichsrath, member of the Permanent Court of Arbitration, scien- tific delegate; Mr. Antoine Haus, Rear-Ad- miral, naval delegate; Baron Wladimir, Giesl de Gieslingen, Major General, Military Plenipotentiary at the Imperial and Royal Em- bassy at Constantinople and at the Imperial and Royal Legation at Athens, military delegate ; The Chevalier Othon de Weil, Aulic and Ministerial Coun- cilor at the Ministry of the Imperial and Royal House- hold and of Foreign Affairs, delegate ; Mr. Jules Szilassy de Szilas et Pilis, Counselor of Legation, delegate ; Mr. Emile Konek de Norwall, Naval Lieutenant of the First Class, delegate attached. Belgium : His Excellency Mr. A. Beer- naert, Minister of State, member of the Chamber of Representatives, member of the Institute of France and Belgium. 6 Bolivia Brazil 1899 The Count de Grelle Rogier, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipo- tentiary ; The Chevalier Descamps, Sena- tor, delegate plenipotentiary. 1907 of the Royal Academies of Belgium and Roumania, hon- orary member of the Insti- tute of International Law, member of the Permanent Court of Arbitration, dele- gate plenipotentiary ; His Excellency Mr. J. van den Heuvel, Minister of State, ex-Minister of Justice, dele- gate plenipotentiary ; His Excellency Baron Guil- laume, Envoy Extraordinary and Minister Plenipotentiary at The Hague, member of the 'Royal Academy of Rouma- nia, delegate plenipotentiary. Bolivia : His Excellency Mr. Claudio Pinilla, Minister for Foreign Affairs, member of the Per- manent Court of Arbitration, delegate plenipotentiary ; His Excellency Mr. Fernando E. Guachalla, Minister Pleni- potentiary at London, dele- gate plenipotentiary. Brazil : His Excellency Mr. Ruy Bar- bosa, Arnbassador Extraor- dinary and Plenipotentiary, Vice-President of the Senate, member of the Permanent Court of Arbitration, dele- gate plenipotentiary ; His Excellency Mr. Eduardo F. S. dos Santos Lisboa. Envoy Extraordinary and Minister 7 1899 For Bulgaria Dr. Dimitri 1. Stanciolf, Diplo- matic Agent at St. Peters- burg, first delegate, plenipo- tentiary ; Major Christo Hessaptchiefif, Military Attache at Belgrade, second delegate, plenipoten- tiary. 1907 Plenipotentiary at The Hague, delegate plenipotentiary ; Colonel Roberto Trompowsky Leitao de Almeida, Military Attache at The Hague, tech- nical delegate; Commander Tancredo Burla- maqui de Moura, technical delegate. Bulgaria : Major General on the Staff Vrban Vinaroff, General d la suite, first delegate plenipo- tentiary ; Mr. Ivan Karahdjouloff, Pro- cureur-General of the Court of Cassation, second delegate plenipotentiary ; Commander S. Dimitrieff, Chief of the Staff of the Bulgarian Flotilla, delegate. Chile : His Excellency Mr. Domingo Gana, Envoy Extraordinary and Minister Plenipotentiary at London, delegate plenipo- tentiary ; His Excellency Mr. Augusto Matte, Envoy Extraordinary and Minister Plenipotentiary at Berlin, delegate plenipo- tentiary ; His Excellency Mr. Carlos Concha, ex-Minister of War, ex-President of the Chamber of Deputies, ex-Envoy Ex- traordinary and Minister Plenipotentiary at Buenos Bulgaria. Chile. 'See footnote on p. 2. 8 China. Colombia. 1899 For China : Mr. Yang Yii, Envoy Extraor- dinary and Minister Plenipo- tentiary at St. Petersburg, first delegate, plenipotentiary ; Mr. Lou-Tseng-Tsiang, second delegate ; Mr. Hoo-Wei-Teh, second dele- gate ; Mr. Ho-Yen-Cheng, Counselor of Legation, assistant dele- gate. 1907 Aires, delegate plenipoten- tiary. China : His Excellency Mr. Lou-Tseng- Tsiang, Ambassador Extraor- dinary, delegate plenipoten- tiary ; His Excellency the Honorable John W. Foster, ex-Secretary of State at the United States Department for Foreign Af- fairs, delegate plenipoten- tiary ; His Excellency Mr. Tsien-Sun, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipo- tentiary ; Colonel W. S. Y. Tinge, Judge Advocate General at the War Office, military delegate ; Mr. Chang Ching Tong, Secre- tary of Legation, assistant delegate ; Mr. Chao-Hi-Chiu, ex-Secre- tary of the Imperial Chinese Mission and Legation at Paris and Rome, assistant delegate. Colombia : General Jorge Holguin, dele- gate plenipotentiary ; Mr. Santiago Perez Triana, delegate plenipotentiary ; His Excellency General M. Var- gas, Envoy Extraordinary and Minister Plenipotentiary at Paris, delegate plenipoten- tiary. 9 1899 For Denmark: Chamberlain Fr. E. de Bille, Envoy Extraordinary and Minister Plenipotentiary at London, first delegate, pleni- potentiary ; Mr. J. G. F. von Schnack, Col- onel of Artillery, ex-Minister for War, second delegate, plenipotentiary. 1907 The Republic of Cuba : Mr. Antonio Sanchez de Busta- mante, professor of interna- tional law at the University of Havana, Senator of the Republic, delegate plenipo- tentiary ; His Excellency Mr. Gonzalo de Quesada y Arostegui, Envoy Extraordinary and Minister Plenipotentiary at Washing- ton, delegate plenipotentiary; Mr. Manuel Sanguily, ex-direc- tor of the Institute of Sec- ondary Education at Havana, Senator of the Republic, del- egate plenipotentiary. Denmark : His Excellency Mr. C. Brun, Envoy Extraordinary and Minister Plenipotentiary at Washington, first delegate plenipotentiary ; Rear-Admiral C. F. Scheller, second delegate plenipoten- tiary; Mr. A. Vedel, Chamberlain, Head of Department at the Royal Ministry for Foreign Affairs, third delegate pleni- potentiary. The Dominican Republic: Mr. Francisco Henriquez i Car- vajal, ex-Minister for For- eign Affairs, member of the Permanent Court of Arbitra- tion, delegate plenipotentiary ; Mr. Apolinar Tejera, rector of the Professional Institute of Cuba. Denmark. Dominican Republic. 10 Ecuador. Spain. France. 1899 For Spain : His Excellency Duke de Te- tuan, ex-Minister for Foreign Affairs, first delegate, pleni- potentiary ; Mr. W. Ramirez de Villa Ur- rutia. Envoy Extraordinary and Minister Plenipotentiary at Brussels, delegate plenipo- tentiary ; Mr. Arthur de Baguer, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipotentiary ; The Count del Serrallo, Colo- nel, Military Attache to the Spanish Legation at Brus- sels, assistant delegate. For France: Mr. Leon Bourgeois, ex-Presi- dent of Council, ex-Minister 1907 Santo Domingo, member of the Permanent Court of Ar- bitration, delegate plenipo- tentiary. The Republic of Ecuador ; His Excellency Mr. Victor Rendon, Envoy Extraordi- nary and Minister Plenipo- tentiary at Paris and Madrid, delegate plenipotentiary ; Mr. Enrique Dom y de Alsua, Charge d’Affaires, delegate plenipotentiary. Spain : His Excellency Mr. W. R. de Villa-Urrutia, Senator, ex- Minister for Foreign Affairs, Ambassador Extraordinary and Plenipotentiary at Lon- don, first delegate plenipo- tentiary ; His Excellency Mr. Jose de la Rica y Calvo, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, delegate plenipotentiary ; Mr. Gabriel Maura y Gamazo, Count de la Mortera, Deputy to the Cortes, delegate pleni- potentiary ; Mr. J. Jofre Montojo, Colonel on the Staff, Aide-de-camp to the Minister of War, assist- ant military delegate ; Captain Francisco Chacon, as- sistant naval delegate. France : His Excellency Mr. Leon Bour- geois, Ambassador Extraor- 11 1899 for Foreign Affairs, mem- ber of the Chamber of Depu- ties, first delegate, plenipo- tentiary ; Mr. Georges Bihourd, Envoy Extraordinary and Minister Plenipotentiary at The Hague, second delegate, plenipoten- tiary ; The Baron d’Estournelles de Constant, Minister Plenipo- tentiary, member of the Chamber of Deputies, third delegate, plenipotentiary ; Mr. Mounier, General of Brigade, technical delegate. Mr. Pephau, Rear-Admiral, technical delegate; Mr. Louis Renault, professor at the Faculty of Law at Paris, Legal Adviser to the Minis- try for Foreign Affairs, tech- nical delegate. 1907 dinary. Senator, ex-President of the Council, ex-Minister for Foreign Affairs, member of the Permanent Court of Arbitration, delegate, first plenipotentiary ; Baron d’Estournelles de Con- stant, Senator, Minister Plen- ipotentiary of the First Qass, member of the Permanent Court of Arbitration, dele- gate, second plenipotentiary ; Mr. Louis Renault, professor at the Faculty of Law at Paris, Honorary Minister Plenipo- tentiary, Legal Adviser to the Ministry for Foreign Affairs, member of the Institute, member of the Permanent Court of Arbitration, dele- gate, third plenipotentiary ; His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate, fourth plenipotentiary ; General of Division Amourel, military delegate ; Rear-Admiral Arago, naval del- egate ; Mr. Fromageot, advocate at the Court of Appeal at Paris, technical delegate; Captain Lacaze, second naval- delegate ; Lieutenant Colonel Siben, Mili- tary Attache at Brussels and The Hague, second military delegate. 12 , Great Britain. 1899 For Great Britain and Ireland : His Excellency the Right Hon- orable Sir Julian Pauncefote, member of Her Majesty’s Privy Council, Ambassador Extraordinary and Plenipo- tentiary of the United King- dom at Washington, first del- egate, plenipotentiary ; Sir Henry Howard, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, second delegate, plen- ipotentiary ; Sir John A. Fisher, Vice-Ad- miral, technical delegate ; Sir J. C. Ardagh, Major Gen- eral, technical delegate ; Lieutenant Colonel C. a Court, Military Attache at Brussels and The Hague, assistant technical delegate. 1907 Great Britain : His Excellency the Right Hon- orable Sir Edward Fry, G.C.B., member of the Privy Council, Ambassador Ex- traordinary, member of the Permanent Court of Arbitra- tion, delegate plenipotentiary ; His Excellency the Right Hon- orable Sir Ernest Mason Sa- tow, G.C.M.G., member of the Privy Council, member of the Permanent Court of Arbitration, delegate plenipo- tentiary ; His Excellency the Right Hon- orable Lord Reay, G.C.S.I., G.C.I.E., member of the Privy Council, ex-president of the Institute of Interna- tional Law, delegate plenipo- tentiary ; His Excellency Sir Henry Howard, K.C.M.G., C.B., Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipo- tentiary ; Lieutenant General Sir Ed- mond R. Elies, G.C.I.E., K.C.B., military delegate; Captain C. L. Ottley, M.V.O., R.N., A.D.C., naval delegate ; Mr. Eyre Crowe, Counselor of Embassy, technical delegate, first secretary to the delega- tion ; Mr. Cecil Hurst, Counselor of Embassy, technical delegate. 13 1899 For Greece: Mr. N. Delyannis, ex-President of the Council, ex-Minister for Foreign Affairs, Envoy Extraordinary and Minister Plenipotentiary at Paris, del- egate plenipotentiary. 1907 legal adviser to the delega- tion ; Lieutenant Colonel the Honor- able Henry Yarde-Buller, D.S.O., Military Attache at The Hague, technical dele- gate; Commander J. R. Segrave, R. N., technical delegate; Major George K. Cockerill, General Staff, technical dele- gate. Greece : His Excellency Mr. Cleon Rizo Rangabe, Envoy Extraordi- nary and Minister Plenipo- tentiary at Berlin, first dele- gate plenipotentiary ; Mr. Georges Streit, professor of international law at the University of Athens, mem- ber of the Permanent Court of Arbitration, second dele- gate plenipotentiary ; Colonel of Artillery C. Sa- pountzakis. Chief of the Gen- eral Staff, technical delegate. Guatemala : Mr. Jose Tible Machado, Charge d’Affaires at The Hague and London, member of the Permanent Court of Arbitration, delegate plenipo- tentiary ; Mr. Enrique Gomez Carrillo, Charge d’Affaires at Berlin, delegate plenipotentiary. The Republic of Haiti ; His Excellency Mr. Jean Joseph Greece. Guatemala. Haiti. 1899 For Italy : His Excellency Count Nigra, Italian Ambassador at Vi- enna, Senator of the King- dom, first delegate, plenipo- tentiary ; Count A. Zannini, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, second delegate, plen- ipotentiary ; The Chevalier Guido Pompilj, Deputy in the Italian Parlia- ment, third delegate, plenipo- tentiary ; The Chevalier Louis Zuccari, Major General, technical del- egate ; The Chevalier Auguste Bianco, Captain, Naval Attache to the Royal Embassy at London, technical delegate. 1907 Dalbemar, Envoy Extraordi- nary and Minister Plenipo- tentiary at Paris, delegate plenipotentiary ; His Excellency Mr. J. N. Leger, Envoy Extraordinary and Minister Plenipotentiary at Washington, delegate pleni- potentiary ; Mr. Pierre Hudicourt, ex-pro- fessor of international public law, advocate at the bar of Port au Prince, delegate plen- ipotentiary. Italy : His Excellency Count Joseph Tornielli Brusati di Vergano, Senator of the Kingdom, Am- bassador of His Majesty the King at Paris, member of the Permanent Court of Arbitra- tion, president of the Italian delegation, delegate plenipo- tentiary ; His Excellency Mr. Guido Pompilj, Parliamentary Dep- uty, Under-Secretary of State at the Royal Ministry for Foreign Affairs, delegate plenipotentiary ; Mr. Guido Fusinato, Councilor of State, Parliamentary Dep- uty, ex-Minister of Educa- tion, delegate plenipotentiary ; Mr. Marius Nicolis de Robilant, General of Brigade, technical delegate ; Mr. Frangois Castiglia, Captain in the Navy, technical dele- gate. 15 1899 For Japan : i he Baron Hayashi, Envoy Ex- traordinary and Minister Plenipotentiary at St. Peters- burg, first delegate, plenipo- tentiary ; Mr. I. Motono, Envoy Extraor- dinary and Minister Pleni- potentiary at Brussels, second delegate, plenipotentiary ; Colonel Uyehara, technical del- egate ; Captain Sakamoto, Japanese Navy, technical delegate; Mr. Nagao Ariga, professor of international law at the Su- perior Military School and the Naval School of Tokio, technical delegate. For Luxemburg: His Excellency Mr. Eyschen, Minister of State, President of the Grand Ducal Govern- ment, delegate plenipoten- tiary ; The Count de Villers, Charge d’Affaires at Berlin, delegate plenipotentiary. For the United States of Mexico ■} Mr. de Mier, Envoy Extraor- dinary and Minister Plenipo- 1907 Japan: His Excellency Mr. Keiroku Tsudzuki, Ambassador Ex- traordinary and Plenipoten- tiary, first delegate plenipo- tentiary ; His Excellency Mr. Aimaro Sato, Envoy Extraordinary and Minister Plenipotentiary at The Hague, second dele- gate plenipotentiary ; Mr. Henry Willard Denison, Legal Adviser to the Imperial Ministry for Eoreign Af- fairs, member of the Perma- nent Court of Arbitration, technical delegate ; Major General Yoshifuru Aki- yama. Inspector of Cavalry, technical delegate ; Rear-Admiral Hayao Shima- mura, president of the Naval College at Etajima, technical delegate. Luxemburg : His Excellency Mr. Eyschen, Minister of State, President of the Grand Ducal Govern- ment, delegate plenipoten- tiary ; Count de Villers, Charge d’Afifaires at Berlin, delegate plenipotentiary. Mexico : IJis Excellency Mr. Gonzalo A. Esteva, Envoy Extraordinary Japan. Luxemburg. Mexico. ^See footnote on p. 2. 16 Montenegro. Nicaragua. 1899 tentiary at Paris, delegate plenipotentiary ; Mr. Zenil, Minister Resident at Brussels, delegate plenipoten- tiary. For Montenegro : His Excellency Mr. de Staal, Privy Councilor, Russian Am- bassador at London, delegate plenipotentiary. 1907 and Minister Plenipotentiary at Rome, first delegate pleni- potentiary ; His Excellency Mr. Sebastian B. de Micr, Envoy Extraor- dinary and Minister Plenipo- tentiary at Paris, second dele- gate plenipotentiary ; His Excellency Mr. Francisco L. de la Barra, Envoy Ex- traordinary and Minister Plenipotentiary at Brussels and at The Hague, third del- egate plenipotentiary. Montenegro : His Excellency Mr. Nelidow, Privy Councilor, Russian Am- bassador at Paris, delegate plenipotentiary ; His Excellency Mr. de Martens, Privy Councilor, permanent member of the Council of the Imperial Russian Ministry for Foreign Affairs, delegate plenipotentiary ; His Excellency Mr. Tcharykow, Councilor of State, Chamber- lain, Envoy Extraordinary and Minister Plenipotentiary of Russia at The Hague, del- egate plenipotentiary. Nicaragua : His Excellency Mr. Crisanto Medina, Envoy Extraordi- nary and Minister Plenipo- tentiary at Paris, delegate plenipotentiary. 17 1899 For the Netherlands : Jonkheer A. P. C. van Karne- beek, ex-Minister for Foreign Affairs, member of the Sec- ond Chamber of the States- General, delegate plenipoten- tiary ; General J. C. C. den Beer Poor- tugael, ex-Minister for War, member of the Council of 1907 Norway His Excellency Mr. Francis Hagerup, ex-President of the Council, ex-professor of law, member of the Permanent Court of Arbitration, Envoy Extraordinary and Minister Plenipotentiary at The Hague and Copenhagen, dele- gate plenipotentiary ; Mr. Joachim Grieg, ship-owner and Deputy, technical dele- gate; Mr. Christian Lous Lang, Sec- retary to the Nobel Commit- tee of the Norwegian Stor- thing, technical delegate. Panama : Mr. Belisario Porras, delegate plenipotentiary. Paraguay : His Excellency Mr. Eusebio Machain, Envoy Extraordi- nary and Minister Plenipo- tentiary at Paris, delegate plenipotentiary. The Netherlands; Mr. W. H. de Beaufort, ex- Minister for Foreign Affairs, member of the Second Chamber of the States-Gen- eral, delegate plenipotentiary. His Excellency Mr. T. M. C. Asser, Minister of State, member of the Council of State, member of the Perma- Norway. Panama. Paraguay. Netherlands. ^Sweden and Norway constituted a Union until 1905. For their delegation to the First Conference, see p. 23. 18 1899 State, delegate plenipoten- tiary ; Mr. T. M. C. Asser, member of the Council of State, dele- gate plenipotentiary ; Mr. E. N. Rahusen, member of the First Chamber of the States-General, delegate plen- ipotentiary ; Captain A. P. Tadema, Chief of the Staff of the Nether- lands Marine, technical dele- gate. 1907 nent Court of Arbitration, delegate plenipotentiary ; His Excellency Jonkheer J. C. ■ C. den Beer Poortugael, Lieutenant General on the re- tired list, ex-Minister of War, member of the Council or State, delegate plenipoten- tiary ; His Excellency Jonkheer J. A. Roell, Aide-de-camp to Her Majesty the Queen in Ex- traordinary Service, Vice- Admiral on the retired list, ex-Minister of Marine, dele- gate plenipotentiary ; Mr. J. A. Loeff, ex-Minister of Justice, member of the Sec- ond Chamber of the States- General, delegate plenipoten- tiary ; Mr. H. L. van Oordt, Lieuten- ant Colonel on the Staff, pro- fessor at the Higher Military College, technical delegate ; Jonkheer W. J. M. van Eysinga, Head of the Political Section at the Ministry for Foreign Affairs, assistant delegate;. Jonkheer H. A. van Karne- beek, Gentleman of the Chamber, Assistant Head of Department at the Colonial Office, assistant delegate ; Mr. H. G. Surie, Naval Lieu- tenant of the First Class, technical delegate. 19 1899 For Persia : Aide-de-Camp General Mirza Riza Khan (Arfa-ud-Dov- leh), Envoy Extraordinary and Minister Plenipotentiary at St. Petersburg and Stock- holm, first delegate, plenipo- tentiary ; Mr. Mirza Samad Khan (Mon- tazis-Saltaneh), Counselor of Legation at St. Petersburg, assistarlt delegate. Eor Portugal: The Count de Macedo, Peer of the Kingdom, ex-Minister of Marine and the Colonies, En- voy Extraordinary and Min- ister Plenipotentiary at Ma- drid, delegate plenipotentiary ; Mr. d’Ornellas Vasconcellos, Peer of the Kingdom, Envoy Extraordinary and Minister Plenipotentiary at St. Peters- 1907 Peru : His Excellency Mr. Carlos G. Candamo, Envoy Extraordi- nary and Minister Plenipo- tentiary at Paris and London, member of the Permanent Court of Arbitration, delegate plenipotentiary ; Mr. Gustavo de la Fuente, First Secretary of Legation at Paris, assistant delegate. Persia : His Excellency Samad Khan Momtas-es-Saltaneh, Envoy Extraordinary and Minister Plenipotentiary at Paris, member of the Permanent Court of Arbitration, dele- gate, first plenipotentiary ; His Excellency Mirza Ahmed Khan Sadig-ul-Mulkh, Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate plenipotentiary ; Mr. Hennebicq, Legal Adviser to the Minister for Foreign Affairs at Teheran, technical delegate. Portugal : His Excellency the Marquis de Soveral, Councilor of State, Peer of the Realm, ex-Min- ister for Foreign Affairs, En- voy Extraordinary and Min- ister Plenipotentiary at Lon- don, Ambassador Extraordi- nary and Plenipotentiary, del- egate plenipotentiary ; His Excellency Count de Selir, Peru. Persia. Portugal. 20 Rouinania. I\ussia. 1899 burg, delegate plenipoten- tiary ; The Count de Selir, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, delegate plenipoten- tiary ; Captain Augusto de Castilho, technical delegate ; Captain on the General Staff Ayres d’Ornellas, technical delegate. For Roumania: Mr. Alexandre Beldiman, En- voy Extraordinary and Min- ister Plenipotentiary at Ber- lin, first delegate, plenipoten- tiary ; Mr. Jean N. Papiniu, Envoy Extraordinary and Minister Plenipotentiary at The Hague, second delegate, plen- ipotentiary ; Aide-de-Canip Colonel Constan- tin Coanda, Director of Artil- lery at the Ministry for War, technical delegate. For Russia : His Excellency Mr. de Staal, Privy Councilor, Russian Ambassador at London, dele- gate plenipotentiary ; Mr. de Martens, permanent member of the Council of the Imperial Ministry for For- 1907 Envoy Extraordinary and Minister Plenipotentiary at The Hague, delegate pleni- potentiary ; His Excellency Mr. Alberto d’Oliveira, Envoy Extraordi- nary and Minister Plenipo- tentiary at Berne, delegate plenipotentiary ; Lieutenant Colonel Thomaz An- tonio Garcia Rosado, General Staff, technical delegate; Mr. Guilherme Ivens Ferraz, Lieutenant Commander in the Navy, technical delegate. Roumania ; His Excellency Mr. Alexandre Beldiman, Envoy Extraor- dinary and Minister Plenipo- tentiary at Berlin, first dele- gate plenipotentiary ; His Excellency Mr. Edgard Mavrocordato, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague, second delegate plenipoten- tiary ; Captain Alexander Sturdza, General Staff, technical dele- gate. Russia : His Excellency Mr. Nelidow, Privy Councilor, Russian Ambassador at Paris, dele- gate plenipotentiary ; His Excellency Mr. de Martens, Privy Councilor, permanent member of the Council of the 21 1899 eign Affairs, Privy Councilor, delegate plenipotentiary ; Mr. de Easily, Councilor of State, Chamberlain, Director of the First Department of the Imperial Ministry for Foreign Affairs, delegate plenipotentiary ; Mr. Raffalovich, Councilor of State, Agent in France of the Imperial Ministry for Fi- nance, technical delegate ; Mr. Gilinsky, Colonel on the General Staff, technical dele- gate; Count Barantzew, Colonel of Horse Artillery of the Guard, technical delegate ; Captain Scheine, Russian Naval Agent in France, technical delegate ; Mr. Ovtchinnikow, Naval Lieu- tenant, professor of juris- prudence, technical delegate. 1907 Imperial Ministry for For- eign Affairs, member of the Permanent Court of Arbitra- tion, delegate plenipotentiary ; His Excellency Mr. Tchary- kow. Councilor of State, Chamberlain, Envoy Extraor- dinary and Minister Plenipo- tentiary at The Hague, dele- gate plenipotentiary; Mr. Prozor, Councilor of State, Chamberlain, Russian Minis- ter at Rio de Janeiro, techni- cal delegate; Major General Yermolow, Mil- itary Attache at London, technical delegate. Colonel Michelson, Military Attache at Berlin, technical delegate ; Captain Behr, Naval Attache at London, technical delegate ; Colonel Ovtchinnikow, of the Admiralty, professor of in- ternational law at the Naval Academy, technical delegate. Salvador : Mr. Pedro J. Matheu, Charge d’Affaires at Paris, member of the Permanent Court of Arbitration, delegate plenipo- tentiary ; Mr. Santiago Perez Triana, Charge d’Affaires at London, member of the Permanent Court of Arbitration, delegate plenipotentiary. Salvador. 22 Servia. Siam. 1899 For Servia; Mr. Miyatovitch, Envoy Ex- traordinary and Minister Plenipotentiary at London and The Hague, delegate plenipotentiary ; Colonel Maschine, Envoy Ex- traordinary and Minister Plenipotentiary at Cettinje, delegate plenipotentiary ; Dr. Vo’islave Veljkovitch, pro- fessor in the Faculty of Law at Belgrade, assistant dele- gate. For Siam : His Excellency Phya Suriya Nuvatr, Envoy Extraordi- nary and Minister Plenipo- tentiary at St. Petersburg and Paris, first delegate, plenipo- tentiary ; His Excellency Phya Visuddha Suriya Sakdi, Envoy Ex- traordinary and Minister Plenipotentiary at The Hague and London, second delegate, plenipotentiary ; Mr. Ch. Corragioni d’Orelli, Counselor of Legation, third delegate ; Mr. Edouard Rolin, Siamese Consul General in Belgium, fourth delegate. 1907 Servia : His Excellency General Sava Grou'itch, President of the Council of State, delegate plenipotentiary ; His Excellency Mr. Milovan Milovanovitch, Envoy Ex- traordinary and Minister Plenipotentiary at Rome, member of the Permanent Court of Arbitration, delegate plenipotentiary ; His Excellency Mr. Michel Mi- litchevitch. Envoy Extraor- dinary and Minister Plenipo- tentiary at London and The Hague, delegate plenipoten- tiary. Siam : Major General Mom. Chatidej Udom, delegate plenipoten-- tiary ; Mr. Corragioni d’Orelli, Coun- selor of Legation at Paris, delegate plenipotentiary ; Captain Luang Bhuvanarth Nariibal, delegate plenipoten- tiary. 23 1899 For Sweden and Norway : 1 he Baron de Bildt, Envoy Ex- traordinary and Minister Plenipotentiary at the Royal Court of Italy, delegate pleni- potentiary. Sweden: Colonel P. H. E. Brandstrdn, Chief of First Regiment of Grenadiers of the Guard, technical delegate ; Captain C. A. M. de Hjulham- mar, Swedish Navy, techni- cal delegate. 'Norway: Mr. W. Konow, President of the Odelsting, technical dele- gate; Major General J. J. Thaulow, Surgeon General of the Army and Navy, technical delegate. For Switzerland : Dr. Arnold Roth, Envoy Ex- traordinary and Minister Plenipotentiary at Berlin, del- egate plenipotentiary ; Colonel Arnold Kiinzli, Na- tional Councilor, delegate ; Mr. Edouard Odier, . National Councilor, delegate plenipo- tentiary. 1907 Sweden : His Excellency Mr. Knut Hjal- mar Leonard de Hammar- skjold. Envoy Extraordinary and Minister Plenipotentiary at Copenhagen, ex-Minister of Justice, member of the Permanent Court of Arbitra- tion, first delegate plenipo- tentiary ; Mr. Johannes Hellner, ex-Min- ister without Portfolio, ex- member of the Supreme Court of Sweden, member of the Permanent Court of Ar- bitration, second delegate plenipotentiary. Colonel David Hedengren, Commanding a Regiment of Artillery, technical delegate ; Commander Gustaf de Klint, Head of a Section on the Staff of the Royal Navy, technical delegate. Switzerland : His Excellency Mr. Gaston Carlin, Envoy Extraordinary and Minister Plenipotentiary at London and The Hague, delegate plenipotentiary ; Mr. Eugene Borel, Colonel on the General Staff, professor at the University of Geneva, delegate plenipotentiary ; Mr. Max Huber, professor of law at the University of Zu- rich, delegate plenipotentiary. Sweden. Switzerland. 24 Turkey. Uruguay. Venezuela. ]899 For Turkey : His Excellency Turkhan Pasha, ex-Minister for Foreign Af- fairs, member of the Council of State, first delegate, pleni- potentiary ; Noury Bey, Secretary General to the Ministry for Foreign Affairs, delegate plenipoten- tiary ; Abdullah Pasha, General of Di- vision of the Staff, delegate plenipotentiary ; Mehemed Pasha, Rear-Admiral, delegate plenipotentiary. 1907 Turkey : His Excellency Turkhan Pasha,. Ambassador Extraordinary, Minister of the Evkaf, first delegate plenipotentiary ; His Excellency Rechid Bey,. Turkish Ambassador at Rome, delegate plenipoten- tiary ; His Excellency Vice-Admiral Mehemed Pasha, delegate plenipotentiary ; Raif Bey, Legal Adviser on the Civil List, assistant delegate;. Colonel on the Staff Mehemmed Said Bey, assistant delegate. Uruguay : Mr. Jose Batlle y Ordonez, ex- President of the Republic,, member of the Permanent Court of Arbitration, first delegate plenipotentiary ; His Excellency Mr. Juan P. Castro, ex-President of the Senate, Envoy Extraordinary and Minister Plenipotentiary' at Paris, member of the Per- manent Court of Arbitration, delegate plenipotentiary ; Colonel Sebastian Buquet, Commanding a Regiment of Field Artillery, technical del- egate. The United States of Venezuela: Mr. Jose Gil Fortoul, Charge d’Affaires at Berlin, delegate plenipotentiary. 25 1899 In a series of meetings, between the 18th May and the 29th July, 1899, in which the constant desire of the delegates above-mentioned has been to realize, in the fullest manner possible, the generous views of the august initiator of the Conference and the intentions of their Governments, the Confer- ence has agreed, for submission for signature by the plenipoten- tiaries, on the text of the Conven- tions and Declarations enumerated below and annexed to the present Act: I. Convention for the peaceful adjustment of international differences. II. Convention regarding the laws and customs of war on land. 1907 At a series of meetings, held from the 15th June to the 18th October, 1907, in which the above delegates were throughout ani- mated by the desire to realize, in the fullest possible measure, the generous views of the august initi- ator of the Conference and the in- tentions of their Governments, the Conference drew up, for submis- sion for signature by the plenipo- tentiaries, the text of the Conven- tions and of the Declaration enu- merated below and annexed to the present Act : I. Convention for the pacific settlement of international disputes. II. Convention respecting the limitation of the employment of force for the recovery of contract debts. III. Convention relative to the opening of hostilities. IV. Convention respecting the laws and customs of war on land. V. Convention respecting the rights and duties of neutral powers and persons in case of war on land. VI. Convention relative to the status of enemy merchant ships at the outbreak of hos- tilities. VII. Convention relative to the conversion of merchant ships into war-ships. Preamble. Conventions: Pacific settlements. Contract debts. Opening of hostilities. Land warfare. Neutrals in war on land. Enemy mer- chant ships. Conversion. 26 Submarine mines. Naval bombardment. Geneva Convention. Capture in naval war. Prize Court. Neutrals in naval war. Declarations: Projectiles from balloons. Asphyxiating gases. Expanding bullets. 1899 III. Convention for the adapta- tion to maritime warfare of the principles of the Geneva Convention of the 22d Au- gust, 1864. IV. Three Declarations : 1. To prohibit the launching of projectiles and explosives from balloons or by other similar new methods. 2. To prohibit the use of projec- tiles, the only object of which is the diffusion of asphyxia- ting or deleterious gases. 3. To prohibit the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope, of which the envelope does not entirely cover the core, or is pierced with incisions. 1907 VTII. Convention relative to. the laying of automatic sub- marine contact mines. IX. Convention respecting bom- bardment by naval forces in. time of war. X. Convention for the adapta- tion to naval war of the prin- ciples of the Geneva Conven- tion. XL Convention relative to cer- tain restrictions with regard to the exercise of the right of capture in naval war. XII. Convention relative to the creation of an International Prize Court. XIII. Convention concerning the rights and duties of neu- tral Powers in naval war. XIV. Declaration prohibiting the discharge of projectiles and explosives from balloons.. 27 1899 These Conventions and Decla- rations shall form so many sepa- rate Acts. These Acts shall be •dated this day, and may be signed tip to the 31st December, 1899, by the plenipotentiaries of the Pow- ers represented at the Interna- tional Peace Conference at The Hague. 1907 These Conventions and Decla- oflb’^e. ration shall form so many sepa- rate Acts. These Acts shall be dated this day, and may be signed up to the 30th June, 1908, at The Hague, by the plenipotentiaries of the Powers represented at the Second Peace Conference. The Conference, actuated by the spirit of mutual agreement and concession characterizing its de- liberations, has agreed upon the following Declaration, which, while reserving to each of the Powers represented full liberty of action as regards voting, enables them to affirm the principles which they regard as unanimous- ly admitted : It is unanimous — 1. In admitting the principle of compulsory arbitration. 2. In declaring that certain dis- putes, in particular those relating to the interpretation and applica- tion of the provisions of interna- tional agreements, may be sub- mitted to compulsory arbitration without any restriction. Finally, it is unanimous in pro- claiming that, although it has not yet been found feasible to con- clude a Convention in this sense, nevertheless the divergences of opinion which have come to light have not exceeded the bounds of judicial controversy, and that, by Declaration respecting obligatory arbitration. 28 Resolution respecting limitation of military expenditure. Vceux, 1. (1899) Revi- sion of Geneva Convention. (1907) Judicial Arbitration Court. 1899 Guided by the same sentiments, the Conference has adopted unan- imously the following Resolution : The Conference is of opinion that the restriction of mili- tary charges, which are at present a heavy burden on the world, is extremely desir- able for the increase of the material and moral welfare of mankind. It has besides, formulated the following Vceux: l.The Conference, taking into consideration the preliminary step taken by the Swiss Fed- eral Government for the re- vision of the Geneva Conven- tion, expresses the wish that steps may be shortly taken for the assembly of a special Conference having for its ob- ject the revision of that Con- vention. This wish was voted unani- mously. 1907 working together here during the past four months, the collected Powers not only have learnt to understand one another and to draw closer together, but have succeeded in the course of this long collaboration in evolving a very lofty conception of the com- mon welfare of humanity. The Conference has further unanimously adopted the follow- ing Resolution: The Second Peace Conference confirms the Resolution adopted by the Conference of 1899 in regard to the limita- tion of military expenditure ; and inasmuch as military ex- penditure has considerably increased in almost every country since that time, the Conference declares that it is eminently desirable that the Governments should resume the serious examination of this question. It has besides expressed the fol- lowing Vceux: 1. The Conference calls the at- tention of the signatory Pow- ers 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 agree- ment has been reached re- specting the selection of the judges and the constitution of the Court. ^Post, p. 31. 29 1899 2. The Conference expresses the wish that the questions of the rights and duties of neutrals may be inserted in the pro- gram of a Conference in the near future. 3. The Conference expresses the wish that the questions with regard to rifles and naval guns, as considered by it, may be studied by the Govern- ments with the object of com- ing to an agreement respect- ing the employment of new types and calibers. 4. The Conference expresses the wish that the Governments, taking into consideration the proposals made at the Con- ference, may examine the possibility of an agreement as to the limitation of armed forces by land and sea, and of war budgets. 5. The Conference expresses the wish that the proposal, which contemplates the declaration of the inviolability of private property in naval warfare. 1907 2. The Conference expresses the opinion that, in case of war, the responsible authorities, civil as well as military, should make it their special duty to ensure and safeguard the maintenance of pacific relations, more especially of the commercial and industrial relations between the inhabit- ants of the belligerent States and neutral countries. 3. The Conference expresses the opinion that the Powers should regulate, by special treaties, the position, as re- gards military charges, of foreigners residing within their territories. 4. The Conference expresses the opinion that the preparation of regulations relative to the laws and customs of naval war should figure in the pro- gram of the next Confer- ence, and that in any case the Powers may apply, as far as possible, to war by sea the principles of the Convention relative to the laws and cus- toms of war on land. Finally, the Conference recom- mends to the Powers the assembly of a Third Peace Conference, which might be held within a period corresponding to that 2. (1899) Rights and duties of neutrals, (1907) Mainte- nance of rela- tions between belligerents and neutrals. 3. (1899) Types and calibers of guns. (1907) Military charges on resident aliens. 4. 0899) Limi- tation of armed forces and budgets. (1907) Laws and customs of naval war. 5. (1899) Pri- vate property in naval war. 0907) Third Peace Con- ference. 30 6. (1899) Naval bombardment of ports, etc. 3 899 may be referred to a subse- quent Conference for consid- eration. 6. The Conference expresses the wish that the proposal to set- tle the question of the bom- bardment of ports, towns, and villages by a naval force may be referred to a subse- 1907 which has elapsed since the pre- ceding Conference, at a date to be fixed by common agreement between the Powers, and it calls their attention to the necessity of preparing the program of this Third Conference a sufficient time in advance to ensure its delibera- tions being conducted with the necessary authority and expedi- tion. In order to attain this object the Conference considers that it would be very desirable that, some two years before the probable date of the meeting, a preparatory committee should be charged by the Governments with the task of collecting the various proposals to be submitted to the Conference, of ascertaining what subj ects are ripe for embodiment in an interna- tional regulation, and of preparing a program which the Govern- ments should decide upon in suf- ficient time to enable it to be care- fully examined by the countries interested. This committee should further be intrusted with the task of proposing a system of organi- zation and procedure for the Con- ference itself. 31 1899 quent Conference for consid- eration. The last five wishes were voted unanimously, saving some absten- tions. In faith of which, the plenipo- tentiaries have signed the present Act, and have affixed their seals thereto. Done at The Hague, 29th July, 1899, in one copy only, which shall be deposited in the Ministry for Foreign Affairs, and of which copies, duly certified, shall be de- livered to all the Powers repre- sented at the Conference. [Here follow signatures.] 1907 In faith whereof the Plenipo- tentiaries have signed the present Act and have affixed their seals thereto. Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent to all the Powers represented at the Conference. [Here follow signatures.] ANNEX TO THE FIRST OPINION EXPRESSED BY THE SECOND PEACE CONFERENCE DRAFT CONVENTION RELATIVE TO THE CREATION OF A JUDICIAL ARBITRATION COURT Part I . — Constitution of the Judicial Arbitration Court Article 1 With a view to promoting the cause of arbitration, the contracting Powers agree to constitute, without altering the status of the Perma- nent Court of Arbitration, a Judicial Arbitration Court, of free and easy access, composed of judges representing the various juridical systems of the world, and capable of insuring continuity in jurispru- dence 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 Signing Deposit of original. Certified copies to Powers. Constitution of Court. Status of Permanent Court of Arbitration not altered. Qualifications of members of Court. 32 Term of service. Vacancies. Rank of members. Diplomatic privileges and immunities. Special delegation. fulfilling conditions qualifying them, in their respective countries, to occupy high legal posts, or be 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 the six months following the ratification of the present Convention. Article 3 The judges and deputy judges are appointed for a period of twelve years, counting 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 a judge or deputy judge die or retire, the vacancy is filled in the manner in which his appointment was made. 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 and rank according to the date on which their appointment was notified. The judge who is senior in point of age takes precedence when the date of notification is the same. The deputy judges are assimilated, in the exercise of their func- tions, with the judges. They rank, however, below the latter. Article 5 The judges enjoy diplomatic privileges and immunities in the exercise of their functions, outside their own country. Before taking their seat, the judges and deputy judges must swear, before the Administrative Council, or make a solemn affirmation to exercise their functions impartially and conscientiously. Article 6 The Court annually nominates three judges to form a special dele- gation and three more to replace them should the necessity arise. They may be reelected. They are balloted for. The persons who 33 secure the largest number of votes are considered elected. The dele- gation itself elects its president, who, in default of a majority, is appointed by lot. A member of the delegation can not exercise his duties when the Power which appointed him, or of which he is a national, is one of the. parties. The members of the delegation are to conclude all matters sub- mitted to them, even if the period for which they have been appointed judges has expired. Article 7 A judge may not exercise his judicial functions in any case in which he has, in any way whatever, taken part in the decision of a national tribunal, of a tribunal of arbitration, or of a commission of inquiry, or has figured in the suit as counsel or advocate for one of the parties. A judge can not act as agent or advocate before the Judicial Arbi- tration Court or the Permanent Court of Arbitration, before a special tribunal of arbitration or a commission of inquiry, nor act for one of the parties in any capacity whatsoever so long as his appointment lasts. Article 8 The Court elects its president and vice-president by an absolute majority of the votes cast. After two ballots, the election is made by a bare majority and, in case the votes are even, by lot. Article 9 The judges of the Judicial Arbitration Court receive an annual salary of 6,000 Netherland florins. This salary is paid at the end of each half-year, reckoned from the date on which the Court meets for the first time. In the exercise of their duties during the sessions or in the special cases covered by the present Convention, they receive the sum of 100 florins per diem. They are further entitled to receive a traveling allow- ance fixed in accordance with regulations existing in their own country. The provisions of the present paragraph are applicable also to a deputy judge when acting for a judge. These emoluments are included in the general expenses of the Court dealt with in Article 31, and are paid through the International Bureau Disqualification of a judge. Court elects its president and vice- president. Compensation of judges. 34 Seat of the Court. Functions of Administrative Council. Functions of International Bureau. Secretaries, etc., appointed hy Court. Sessions. created by the Convention for the pacific settlement of international disputes. Article 10 The judges may not accept from their own Government or from that of any other Power any remuneration for services connected with their duties in their capacity of members of the Court. Article 11 The seat of the Judicial Court of Arbitration is at The Hague, and can not be transferred, unless absolutely obliged by circumstances, elsewhere. The delegation may choose, with the assent of the parties concerned, another site for its meetings, if special circumstances render such a step necessary. Article 12 The Administrative Council fulfils with regard to the Judicial Court of Arbitration the same functions as to the Permanent Court of Arbitration. Article 13 The International Bureau acts as registry to the Judicial Court of Arbitration, and must place its offices and staff at the disposal of the Court. It has charge of the archives and carries out the administrative work. The secretary general of the Bureau discharges the functions of registrar. The necessary secretaries to assist the registrar, translators and shorthand writers are appointed and sworn in by the Court. Article 14 The Court meets in session once a year. The session opens the third Wednesday in June and lasts until all the business on the agenda has been transacted. The Court does not meet in session if the delegation considers that such meeting is unnecessary. However, when a Power is party in a case actually pending before the Court, the pleadings in which are closed, or about to be closed, it may insist that the session should be held. 35 When necessary, the delegation may summon the Court in extraor- dinary session. Article 15 A report of the doings of the Court shall be drawn up every year by the delegation. This report shall be forwarded to the contracting Powers through the International Bureau. It shall also be communi- cated to the judges and deputy judges of the Court. Article 16 The judges and deputy judges, members of the Judicial Arbitra- tion Court, can also exercise the functions of judge and deputy judge in the International Prize Court. Part II . — Competency and Procedure Article 17 The Judicial Court of Arbitration is competent to deal with all cases submitted to it, in virtue either of a general undertaking to have recourse to arbitration or of a special agreement. Article 18 The delegation is competent — 1. To decide the arbitrations referred to in the preceding article, if the parties concerned are agreed that the summary procedure, laid down in Part IV, Chapter IV, of the Convention for the pacific settle- ment of international disputes is to be applied ; 2. To hold an inquiry under and in accordance with Part III of the said Convention, in so far as the delegation is intrusted with such inquiry by the parties acting in common agreement. With the assent of the parties concerned, and as an exception to Article 7, paragraph 1, the members of the delegation who have taken part in the inquiry may sit as judges, if the case in dispute is submitted to the arbitration of the Court or of the delegation itself. Article 19 The delegation is also competent to settle the compromis referred to in Article 52 of the Convention for the pacific settlement of inter- national disputes if the parties are agreed to leave it to the Court. Report. Judges may exercise functions in International Prize Court. Competency and procedure. Competency of Court. Competency of delegation. Delegation may draw up coni- promis if parties agree; 36 or in case of a dispute governed by a general treaty; or of one originating from contract debts. Parties may nominate judges. Contracting Powers only to have access to Court. Rules of procedure. It is equally competent to do so, even when the request is only made by one of the parties concerned, if all attempts have failed to reach an understanding through the diplomatic channel, in the case of — 1. A dispute covered by a general treaty of arbitration concluded or renewed after the present Convention has come into force, pro- viding for a compromis in all disputes, and not either explicitly or im- plicitly excluding the settlement of the compromis from the compe- tence of the delegation. Recourse can not, however, be had to the Court if the other party declares that in its opinion the dispute does not belong to the category of questions to be submitted to compulsory arbitration, unless the treaty of arbitration confers upon the arbitration tribunal the power of deciding this preliminary question. 2. A dispute arising from contract debts claimed from one Power by another Power as due to its nationals, and for the settlement of which the offer of arbitration has been accepted. This arrangement is not applicable if acceptance is subject to the condition that the com- promis should be settled in some other way. Article 20 Each of the parties concerned may nominate a judge of the Court to take part, with power to vote, in the examination of the case sub- mitted to the delegation. If the delegation acts as a commission of inquiry, this task may be intrusted to persons other than the judges of the Court. The travel- ing expenses and remuneration to be given to the said persons are fixed and borne by the Powers appointing them. Article 21 The contracting Powers only may have access to the Judicial Arbi- tration Court set up by the present Convention. Article 22 The Judicial Court of Arbitration follows the rules of procedure laid down in the Convention for the pacific settlement of international disputes, except in so far as the procedure is laid down in the present Convention. I 37 Article 23 The Court determines what language it will itself use and what languages may be used before it. Article 24 The International Bureau serves as channel for all communications to be made to the judges during the interchange of pleadings provided for in Article 63, paragraph 2, of the Convention for the pacific settle- ment of international disputes. Article 25 For all notices to be served, in particular on the parties, witnesses, or experts, the Court may apply direct to the Government of the State on whose territory the service is to be carried out. The same rule applies in the case of steps being taken to procure evidence. The requests addressed for this purpose can only be rejected when the Power applied to considers them likely to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred. The Court is equally entitled to act through the Power on whose territory it sits. Notices to be given to parties in the place where the Court sits may be served through the International Bureau. Article 26 The discussions are under the control of the president or vice-presi- dent, or, in case they are absent or can not act, of the senior judge present. The judge appointed by one of the parties can not preside. Article 27 The Court considers its decisions in private, and the proceedings are secret. All decisions are arrived at 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. Languages. International Bureau channel for com- munication. Notices to be served. Control of discussions. Decisions and proceedings. Decisions by majority. 38 Requisites of judgment. Article 28 The judgment of the Court must give the reasons on which it is based. It contains the names of the judges taking part in it; it is signed by the president and registrar. Payment of costs. Article 29 Each party pays its own costs and an equal share of the costs of the trial. Article 30 Articles 21 and 29 applicable to procedure be- fore delegation. The provisions of Articles 21 to 29 are applicable by analogy to the procedure before the delegation. When the right of attaching a member to the delegation has been exercised by one of the parties only, the vote of the member attached is not recorded if the votes are evenly divided. Expenses of Court. 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. Rules of procedure. 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 elaborate these rules, elect the president and vice-president, and appoint the members of the delegation. Modifications in provisions respecting procedure. 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 consider together as to the measures to be taken. 39 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 procH-verbal 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 ratifi- cation. It shall remain in force for twelve years, and shall be tacitly re- newed for periods of twelve years, unless denounced. The denunciation must be notified, at least two years before the expiration of each period, to the Netherland Government, which will inform the other Powers. The denunciation shall only have effect in regard to the notifying Power. The Convention shall continue in force as far as the other Powers are concerned. SIGNATURES AND RESERVATION! The 1899 Final Act was signed by plenipotentiaries of all the Powers represented at the First Conference, to wit : Austria-Hungary Montenegro Belgium Netherlands Bulgaria Persia China Portugal Denmark Roumania France Russia Germany Servia Great Britain Siam Greece Spain Italy Sweden and Norway Japan Switzerland Luxemburg Turkey Mexico United States iThe Final Acts, being summaries of the proceedings of the Conferences, are not conventional agreements and accordingly are not ratified. Final provisions. Ratification. Deposit at The Hague. Duration of Convention. Denunciation. Notifying Power only affected. ‘ 40 The 1907 Final Act was signed by the above-mentioned Powers/ as well as by the following : Argentine Republic Guatemala Bolivia Haiti Brazil Nicaragua Chile Panama Colombia Peru Cuba Salvador Dominican Republic Uruguay Ecuador Venezuela Reservation:^ Switzerland Under reservation of Vani No. 1, which the Swiss Federal Council does not accept. iln 1907 Norway and Sweden signed as separate Powers. ^Reservation made at signature. S ) oV "I^H E ; C A H NB'Qt E^. Ej^^pOW jjil S : > ' V^R ''Bpok/^to« 191^ .‘i 'C ^\'. '. ;*■" , .'Book for 1912 ' - , .>■ ■' ' ' Year .BcxjK'f&R'- 1913- ' . t. M'v.'', ;,• .'i -., Division ofe : ; v i' ^ V'T;. -.•'’•’‘‘'/■a ,, ,'No,, l' SO'mW RoAnR;^ ToWJ^tis^vI/i^ete'jl. - A 'iM3^vi^ioK,S'/;MAC®-,V/,7;r : ^ '■ ■ ':; '■' ^ EI.IOt’, -■'Nif), 2 . German- ISTERNATfeN-AX,’ . i9l.l'^^'' B,Y.i''P«qy|:'s5o R^^> B; :;-■ ^ l' .'^ • 7 . WiL>ittM Pa^^kow^ -: 't'jR- fNo. 3 . EnotAxiioNAi;. ExcHAkoE wifH' ;Ev7.i?k'^?HA>fii.ioN.' 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