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Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two contracting parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the convention of the 29th July, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two contracting states, and do not concern the interests of third parties.
In each individual case the high contracting parties, before appealing to the Permanent Court of Arbitration, shall conclude a special agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the president of the United States, by and with the advice and consent of the senate thereof, and on the part of Salvador shall be subject to the procedure required by the constitution and laws thereof.
The present convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either party.
The present convention shall be ratified by the president of the United States of America, by and with the advice and consent of the senate thereof; and by the president of Salvador in accordance with the constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications.
Done in duplicate in the English and Spanish languages at Washington, this 21st day of December, one thousand nine hundred and eight.
NATURALIZATION CONVENTION BETWEEN THE UNITED STATES AND URUGUAY.1
Signed at Montevideo, August 10, 1908; Ratified by the President, December 26, 1908; Proclaimed, June 19, 1909.
The President of the United States of America and the President of the Oriental Republic of Uruguay, desiring to regulate the citizenship of those persons who emigrate from the United States to Uruguay, or from Uruguay to the United States, have resolved to conclude a convention on this subject and for that purpose have appointed their plenipotentiaries, to wit:
The President of the United States: Edward C. O'Brien, Envoy Extraordinary and Minister Plenipotentiary of the United States in Uruguay;
The President of Uruguay: Antonio Bachini, Minister for Foreign Affairs of Uruguay;
Who, after the mutual communication of their respective full powers, found in good and due form, have agreed upon the following articles:
Citizens of the United States who may be or shall have been naturalized in the republic of Uruguay upon their own application or by their own consent, will be considered by the United States as citizens of the republic of Uruguay. Reciprocally, Uruguayans who may be or shall have been naturalized in the United States, upon their own application or by their own consent, will be considered by the republic of Uruguay as citizens of the United States.
If a Uruguayan, naturalized in the United States, renews his residence in Uruguay, without intent to return to the United States, he may be held to have renounced his naturalization in the United States.
Reciprocally, if an American, naturalized in Uruguay, renews his residence in the United States, without intent to return to Uruguay, he may be held to have renounced his naturalization in Uruguay.
1 U. S. Treaty Series, No. 527. This treaty varies slightly and immaterially in terminology from two others, one with Salvador, signed March 14, 1908 (SUPPLEMENT to this JOURNAL, 2:342); and one with Honduras, signed June 23, 1908. These latter treaties are practically identical.
The intent not to return may be held to exist when the person naturalized in one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary.
It is mutually agreed that the definition of the word citizen as used in this convention, shall be held to mean a person to whom nationality of the United States or Uruguay attaches.
A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired.
The present convention shall remain in force for ten years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given by either of the contracting governments of a purpose to terminate it.
The present treaty shall be submitted to the approval and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Montevideo as soon as possible. In witness whereof, the respective plenipotentiaries have signed the foregoing articles, and have affixed their seals.
Done in duplicate at the city of Montevideo, in the English and Spanish languages this tenth day of August, one thousand nine hundred. and eight.
EDWARD C. O'BRIEN.
PROTOCOL BETWEEN AUSTRIA-HUNGARY AND TURKEY.
Signed February 26, 1909.
The imperial Ottoman government and the imperial and royal dual government of Austria-Hungary, desiring to solve by a common agreement, certain questions pending between them, the undersigned Hussein Hilmi Pacha, grand vizier, Gabriel Effendi Noradounghian, imperial Ottoman minister of foreign affairs, ad interim, and Jean, Marquis Pallavicini, ambassador extraordinary and plenipotentiary of Austria-Hungary, duly authorized by their respective governments, have agreed upon. the following provisions:
Austria-Hungary declares that it expressly renounces all the rights conferred upon it by the Treaty of Berlin and the convention of Constantinople, of April 21, 1879, regarding the former sandjak of NoviBazar.
The convention of April 21, 1879, as well as the protest of the Sublime Porte against the decision of the dual government of Austria-Hungary, concerning Bosnia and Herzegovina and all the other provisions or stipulations existing between the high contracting parties and contrary to that decision are abrogated and replaced by the present protocol which states that every disagreement on the subject of these two provinces is cleared up between them, and that the Ottoman government expressly recognizes the new state of affairs in Bosnia-Herzegovina created by the said decision.
Natives of Bosnia and of Herzegovina who are actually in Turkey (with the exception of the persons indicated in the notes to be exchanged by the contracting parties after the ratification of the present protocol) as well as Ottoman subjects, natives of different parts of the Ottoman empire, travelling in, or residing permanently in Bosnia-Herzegovina. will continue to preserve their Ottoman nationality as in the past.
The inhabitants of Bosnia and Herzegovina domiciled in these provinces shall be free to emigrate into the Ottoman empire conforming, as in the past, to the laws of Bosnia and Herzegovina, and they will be admitted into Turkey as Ottomans. The latter, the same as the natives of
Bosnia and Herzegovina, who are actually in Turkey, shall always have the right to dispose freely of their real estate situated in Bosnia and Herzegovina, to lease it or to administer it directly themselves or through third parties.
It is understood that the natives of Bosnia and Herzegovina, who, without intent to emigrate, may in the future go into Turkey, shall be treated there on the same footing as Austrian or Hungarian subjects.
The freedom and outward observance of the Mussulman religion will be assured, as in the past, to persons inhabiting or sojourning in Bosnia and Herzegovina.
Mussulmans will continue to enjoy the same civil and political rights as all the inhabitants of Bosnia and Herzegovina belonging to other religions.
The name of his imperial majesty the Sultan as Caliph, will continue to be pronounced in the public prayers of Mussulmans.
The rights of religious establishments (vacoufs) shall be respected, as in the past, and no obstacle shall be placed in the relations of Mussulmans with their spiritual leaders, who shall be subject, as always, to the Chéik-ul-Islamat at Constantinople, which latter will give investiture to the Reïs-ul-Uléma.
An arbitral decision having further decided that, according to the Ottoman land code, the Ottoman state possessed real estate of various kinds in Bosnia and Herzegovina, the dual government of Austria-Hungary agrees to pay at Constantinople within fifteen days, following the ratification of the present protocol, to the Ottoman government, a sum of two and a half millions of pounds Turkish, in gold, as the value of this real estate.
Austria-Hungary agrees to conclude with Turkey within two years, counting from the date of the ratification of the present protocol on the basis of European public law, a treaty of commerce, which shall go into effect so far as the other treaties of commerce of the Sublime Porte shall be concluded and put into force on the same basis.