3. If in the judgment of one or other of the High Contracting Parties a question may appear to involve a vital interest or the national honour, or to be of too momentous a character to be submitted to decision under Article XXXII. of the said Convention

(a) The Court shall be composed of Judges appointed by the High Contracting Parties without an Umpire, and in such number, not exceeding three each, as either Party may demand. The Judges may be nationals of the State appointing them.

(b) The award will not finally close the dispute unless the Judges, if two, are agreed, or, if four, one of two, or, if six, two of three of either side concur with those of the other side in their decision.

(c) Where a case is submitted to two Judges only, and they do not agree, or to four who are equally divided, or to six who are equally divided, or of whom only one concurs with the other side, or where the Judges take more than two views, or in any case whatsoever in which the majority provided for in subsection (b) is not obtained, the Judges, nevertheless, give their judgments separately and in writing, in accordance with Art. LII.1 of the said Convention. These judgments shall then be submitted to the mediation of a friendly Power to be chosen by the Parties 2; in case of difference in such choice, to the President of the Swiss Confederation. The mediator shall appoint a jurist to examine and report on the judgments, and this report shall be submitted to the Judges to enable them to reconsider their decisions. The jurist who shall have made the report shall be present at the sittings for such reconsideration, with power to deliberate but not to vote. The period for which the mandate conferred on the mediator shall be given shall be thirty days, as provided by Art. VIII.3 of the said Convention.*

(d) If no agreement shall be arrived at after submission and discussion of the mediator's report, the International Bureau at The Hague shall immediately on the close of the final sitting

2 Art. III.-Independently of this recourse, the Signatory Powers recommend that one or more Powers, strangers to the dispute, should, on their own initiative and so far as circumstances may allow, offer their good offices or mediation to the States at variance. Powers, strangers to the dispute, have the right to offer good offices or mediation even during the course of hostilities. The exercise of this right can never be regarded by one or the other of the parties in conflict as an unfriendly act.

3 Art. VIII.-The Signatory Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form:-In case of a serious difference endangering the peace, the States at variance choose respectively a Power, to whom they intrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations. For the period of this mandate, the term of which, unless otherwise stipulated, cannot exceed thirty days, the States in conflict cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers, who must use their best efforts to settle it. In case of a definite rupture of pacific relations, these Powers are charged with the joint task of taking advantage of any opportunity to restore peace.

4 Art. XXII.-An International Bureau established at The Hague, serves as record office for the Court. This Bureau is the channel for communication relative to the meetings of the Court. It has the custody of the archives, and conducts all the administrative business. The Signatory Powers undertake to communicate to the International Bureau at The Hague a duly certified copy of any conditions of arbitration arrived at between them, and of any award concerning them delivered by special Tribunals. They undertake also to communicate to the Bureau the laws, regulations, and documents eventually showing the execution of the awards given by the Court.

1

The H.C.P. agree to refer all difficulties which it has not been possible to settle by diplomatic methods, and affecting neither the independence nor territorial integrity nor the internal laws or institutions of any such H.C.P., nor matters involving prior arrangements of any H.C.P. with Third Parties, to arbitration by The Hague Court.?

1 See p. 14.

2 The Inter-Parliamentary Conference has drawn up the following Model Scheme of an Arbitration Treaty to be submitted to the second Hague Conference :

"Art. I.-The High Contracting Parties engage to submit to the permanent Arbitration Court established at The Hague by the Convention of July 29, 1899, all differences that may arise between them, so far as they do not affect either their independence or vital interests, or the sovereign authority of the respective countries, or the interests of third

Powers.

"Art. II.-Each Party shall decide for itself whether the difference concerns its independence, its sovereign authority, its vital interests, or those of third Powers, and is consequently among those which, according to the preceding Article, are excepted from obligatory Arbitration.

"Art. III.-The High Contracting Parties engage themselves not to make use of Art. II. in the following cases :

"(1) Contestations respecting the Interpretation and Application of Agreements concluded or to be conclude 1 and enumerated below:

(A) Commercial and Navigation Treaties;

(B) Agreements relating to International Protection of Workmen ;

(c) Postal, Telegraphic (including wireless telegraphy), and Telephonic

Agreements;

(1) Agreements relating to the Protection of Submarine Cables;

(E) Agreements relating to Railways;

(F) Agreements and Regulations relating to the means of preventing Collisions of Vessels at Sea;

(G) Agreements relating to Literary and Artistic Copyright;

(H) Agreements relating to the Protection of Industrial Property (Patents, Trade Marks, and Firms);

(1) Agreements relating to the Management of Commercial and Industrial Companies;

(K) Monetary and Metrical Agreements (weights and measures);

(L) Agreements relating to reciprocal gratuitous assistance to destitute sick people;

(M) Sanitary Agreements, Agreements relating to cattle plagues, phylloxera,

and similar contagious diseases;

(N) Agreements relating to matters of International Law;

(0) Agreements concerning Civil and Criminal Proceedings;
(P) Agreements of Extradition.

"(2) Regulations on the fixing of frontiers.

"(3) Questions relating to claims for damages when the principle of Indemnity is

acknowledged by the parties.

"Art. IV. The present Agreement will be applicable even if the questions which may occur should arise from facts preceding its conclusion.

"Art. V.-If it should be a case for Arbitration, the High Contracting Parties, in default of contrary compromising clauses, will comply respecting anything concerning the appointment of Arbitrators with the regulations established by The Hague Conference, dated July 29, 1899.

"Art. VI.-The Arbitration sentence indicates the dates on which it has to be executed. "Art. VII.-The compromise provided by Art. 31 of the Convention of July 29, 1899, fixes a term within which shall take place the exchange between the litigants of memoranda and documents referring to the object of litigation. This exchange will, in any case, be terminated before the beginning of the Meetings of the Arbitration Tribunal. These stipulations do not in any way prejudice what has been proposed by The Hague Convention with reference to the second phase of the Arbitration procedure (Art. 39), particularly the dispositions of Articles 43 to 49.

"Art. VIII.—The duration of the present Treaty is not limited, but each of the High Contracting Parties can withdraw at the end of 10 years by means of notice given a year in advance.'

See my observations on this scheme, p. 13.