TREATY of general obligatory Arbitration between the Argentine Republic and Colombia.-Washington, January 20, 1912. [Ratifications exchanged at Buenos Aires, August 12, 1921.] (Translation.) THE Governments of the Argentine Republic and the Republic of Colombia, who adhered to the Convention of the 29th July, 1899,* and signed that of the 18th October, 1907, + celebrated at The Hague for the peaceful settlement of international conflicts, desiring, in conformity with their traditional policy, to sustain the principle of obligatory arbitration in their reciprocal relations, have authorised for this purpose their Envoys Extraordinary and Ministers Plenipotentiary to the Government of the United States of America, Dr. Don Rómulo S. Naón and General Don Pedro Nel Ospina, respectively, to conclude an ad referendum Treaty, who in virtue of the said authorisation have agreed upon the following Articles : ART. I. The High Contracting Parties oblige themselves to submit to arbitration all controversies which from any cause may arise between them, always providing that they do not affect the precepts of the Constitution of either State, and that they cannot have been settled by direct negotiations. II. In every case the High Contracting Parties shall sign a special Agreement determining the object of the litigation, and if necessary the locality of the Tribunal, the amount of money which each of the Parties must previously deposit for costs, the form which the Tribunal must take, the periods which must be fixed for its constitution, for the exchange of evidence ("alegatos ") and documents and, in general, all the conditions which have been agreed upon. In default of an Agreement the Arbitrators, appointed in accordance with the rules contained in Articles III and IV of the present Treaty, shall give judgment on the claims as submitted to them. Moreover, in the absence of a special Agreement the rules contained in the Convention for the pacific settlement of international disputes signed at The Hague on the 29th July, 1899, shall be applied without prejudice to the additions and amendments contained in the following Articles. III. In the absence of a stipulation to the contrary, the Tribunal shall be composed of three members. Each of the Parties * Vol. XCI, page 970. + Vol. C, page 298. shall appoint an Arbitrator who shall be taken for preference from among the members of the Permanent Court established by the said Hague Convention, and these Arbitrators shall agree as to the election of a third. If they do not arrive at such an agreement, the Parties shall apply to a third Power to appoint a third Arbitrator and if they cannot agree as to this, the Sovereign of the Netherlands shall, at the request of the Parties, appoint this Arbitrator. He shall be taken from the list of (the members) of the afore-mentioned Permanent Court and he shall not be a citizen of either of the two Contracting Nations, nor be domiciled or resident in their territories. The same person shall not act as third Arbitrator in two successive cases. IV. In the event of the Parties not reaching an agreement as to the constitution of the Tribunal, the arbitral powers shall be conferred on a single Arbitrator, who, excepting a stipulation to the contrary, shall be appointed according to the rules contained in the preceding Article for the appointment of a third Arbitrator. V. The arbitral award shall be made by the majority of votes, without mention being made in it of the possible dissent of any of the Arbitrators, and it shall be signed by the President and the Secretary ("actuario ") or by the sole Arbitrator. VI. The arbitral award shall decide the controversy definitely and without appeal. Nevertheless the Tribunal or Arbitrator who has given the award can, before it has been carried into effect, hear an appeal for revision in the following cases : (1.) If it has been based on false or erroneous documents. (2.) If the award is entirely or partly vitiated by an error of fact arising from the acts or the documents in the case. VII. Every disagreement which may arise between the Parties as to the execution or interpretation of the award shall be submitted for the decision of the Tribunal or Arbitrator who has made it. VIII. The present Treaty shall remain in force during ten years, counting from the date of the exchange of its ratifications. In the event of neither of the High Contracting Parties having declared twelve months previously to the termination of that period their intention of abrogating it, it shall remain in force until one year after either the one or the other of the Parties has denounced it. IX. This Treaty shall be submitted by the Signatories for the approval of their respective Governments, and if it is further ratified by the laws of each country, the ratifica tions shall be exchanged as soon as possible. In witness whereof the Plenipotentiaries have signed and sealed it at Washington, D.C., on the 20th day of January, 1912. (L.S.) R. S. NAON. PEDRO NEL OSPINA. CONVENTION between the Argentine Republic and Italy respecting Workmen's Compensation for Accidents.-Buenos Aires, March 26, 1920.* [Ratifications exchanged at Buenos Aires, August 31, 1921.] (Translation.) THE Government of His Majesty the King of Italy and the Government of the Argentine Republic, animated with the desire of regulating in accord the conditions of workmen of the two countries who have suffered accident in the course of their work in the countries' respective territories, by ensuring to them the benefits of reciprocity with those who are correspondingly indemnified in the other country, have nominated us their Plenipotentiaries: His Majesty the King of Italy: the Commendatore Vittore Cobianchi, his Envoy Extraordinary and Minister Plenipotentiary in the Argentine Republic; and His Excellency the President of the Argentine Nation; his Excellency Dr. Onorio Pueyrredon, his Secretary of State for Foreign Affairs and Public Worship; Who having communicated their respective full Powers, found in good and due form, have agreed upon the following Articles: : ART. I. Citizens of each Contracting State, when victims of labour accidents in the territory of the other State, as also their heirs, shall be entitled to such indemnities and exceptions as the law concedes to natives. II. The right to indemnity referred to in the preceding Article shall remain if the injured workman or employee or his heirs shall have left the State where the accident occurred and is residing in another country, any local law to the contrary notwithstanding. III. When an Italian workman in Argentina, or an Argentine workman in Italy, dies as the result of a labour accident, the heirs shall be entitled to receive the corre Signed in the Italian and Spanish languages. sponding legal indemnity, whatever may be the country of their residence. IV. Whenever, in either of the contracting countries, a workman dies in consequence of a labour accident, his heirs residing in the other contracting country shall be entitled to the corresponding legal indemnity, whatever may have been his nationality. V. The National Pensions Office, or the Office which performs its duties in the matter of workmen's accidents in the Argentine Republic, and the analogous Office in Italy, shall advise the Consuls of the High Contracting Parties in each case, in order that the fact may be communicated to the heirs for the legal effects. VI. The present Agreement shall apply to cases pending of indemnities, of which the payment to the injured parties or their heirs, through the National Pensions Office in Argentina, or the corresponding Office in Italy, has not been made. VII. The present Agreement shall be ratified, and the ratifications exchanged in Buenos Aires as soon as possible. The Treaty shall come into force within thirty days of the date of such ratification. It shall be in force for five years, and thereafter be considered as renewed annually, unless denounced with one year's notice. In faith whereof the respective Plenipotentiaries have signed in two copies, in Italian and Spanish, and have affixed their seals. Done in Buenos Aires, federal capital of the Argentine Republic, the 26th day of March, 1920. (L.S.) H. PUEYRREDON. V. COBIANCHI. AUSTRIAN DECREE relative to the acquisition of Austrian Nationality by Option.-August 20, 1920. (Translation.) IN execution of the IIIrd Part, VIth Section,* of the Treaty of Saint-Germain-en-Laye of the 10th September, 1919, it is decreed as follows, subject to any modifications which may be made by reason of treaties which may be concluded with the States concerned: $1. Option by Reason of Domicile.-Citizens of the kingdoms and lands which were formerly represented in the * Vol. CXII, page 355. Reichsrat, who by reason of the Treaty of Saint-Germainen-Laye lose their previous nationality, and in virtue of their domicile acquire to the exclusion of their Austrian nationality the nationality of a State to which territories of the former Austria belong, can, within the period of one year from the coming into force of the Peace Treaty, i.e., up to the 15th July, 1921, inclusive, opt for Austrian nationality, provided that they were domiciled in a parish of the territory belonging to the Austrian Republic according to the State Treaty before they acquired domicile in the territory of the other State (Article 78 of the Peace Treaty). 2. Option by Reason of Race and Speech.-Persons who were domiciled in territory belonging to the former AustroHungarian Monarchy and are at variance with the majority of the population in race and speech can, within the period of six months after the coming into force of the Treaty of Saint-Germain-en-Laye, i.e., until the 15th January, 1921, opt for Austrian nationality if they belong according to race and speech to the German majority of the population of Austria (Article 80 of the Treaty). 3. Carrying out of the Right of Option.-(1.) The right of option belongs fundamentally to all persons, without distinction of sex, who had arrived at the age of 18 years before the 16th July, 1920. (2.) The option of the husband affects the wife if the marriage has not been legally dissolved or severed, the option of the father affects the legitimate children of the marriage up to the age of 18 years unless the right of guardianship has been taken away from the father. For wards, who are not under paternal control, the right of option will be exercised by their legal representatives, in so far as those who are under the age of 18 years or are under control come into the question. 4. Duty of Transferring the Place of Residence.-(1.) Persons, who have made use of the right of option, if their residence is abroad, must within twelve months of the acknowledgment on the part of the authorities that the option is in order, transfer their residence to Austria. They are allowed to take the whole of their movable property with them. No import duties will be required of them. (2.) Should the person opting, however, on account of important reasons be unable to carry out this duty or to keep within the afore-mentioned period of grace, at his request the obligation to transfer his place of residence can be dispensed with or the period of grace extended for another year. (3.) Should the person opting allow the period of grace to lapse, the claim to opt will become worthless. |