Page images
PDF
EPUB

3. MODEL PROTOCOL OF SUBMISSION FOR CASES OF MINOR IMPORTANCE

The Government of............and the Government of......... having agreed by a Convention, dated............, to settle by arbitration difficulties of the nature of that which has arisen between them with reference to......... ; and having jointly decided upon the appointment, of..............., who has accepted the said appointment as Arbitrator therein, have concurred in the adoption of the following procedure; subject thereto, the provisions of the Hague Peace Convention of 1899 to be observed:

Art. I.--The decision of the Arbitrator shall be final, unless the indemnity exceed the sum of £. If it should exceed this sum, the award shall, nevertheless, be final, unless protested against within................ from delivery.

Art. II. The plaintiff H.C.P. shall, within a period of (say) one month from the signature of the present Protocol, communicate to the defendant H.C.P. a memorandum containing a statement of the facts, as far as possible in tabular form, and a, as far as possible, detailed assessment of the indemnity claimed, with copies of all documentary evidence to be adduced in support thereof. The defendant H.C.P. shall have a period of (say) one month from the date of receipt of the said memorandum, etc., in which to deliver a memorandum and copies of any documentary counterevidence in reply. The plaintiff H.C.P. shall have, from receipt of the latter, a period of (say) one month to present a counter-reply.

Art. III.-The cases and evidence, as provided for in Art. II., shall be printed by the plaintiff H.C.P. and laid before the Arbitrator within (say) one month after receipt of the counter-reply.

Art. IV.-If, after submission of the said cases and evidence, either H.C.P. shall apply for permission to present further materials for the Arbitrator's consideration, this shall be done by a further printed statement of facts, such further statement to be simultaneously presented to the Arbitrator and communicated to the other H.C.P. within fifteen days from the date at which, under Art. III., the cases and evidence were laid before the Arbitrator. The other H.C.P. shall have fifteen days to reply thereto. Thereafter no further communications on either side shall be made to the Arbitrator, except in accordance with Art. V.

Art. V.--The Arbitrator shall be entitled, at any time until delivery of his award, to ask for such explanations from either or both H.C.P. as he may deem fit.

Art. VI. The costs of the arbitration shall be fixed by the Arbitrator, and shall be borne share and share alike by the H.C. Parties.

Art. VII.—The Arbitrator shall deliver his decision within a period of (say) three months from the date of the receipt by him of the last communication made to him by either H.C. P. in accordance with the terms of the present Protocol.

Art. VIII.-A copy of the award shall be delivered to each H.C.P., the original to be kept in the archives of the Hague Court.

1

4. CLAUSE AS TO POSSIBLE INQUIRY AND ADVISORY POWERS TO BE GIVEN TO THE HAGUE COURT ITSELF

[blocks in formation]

5. DRAFT CONVENTION

for Establishing a League for the Preservation of the Status Quo and the "Open Door"

H.M. . . . etc. etc.

Having in view the universal interest attaching to all efforts to retard the growth of armaments, and to promote their ultimate reduction when circumstances shall permit thereof;

Having in view also that, though the Powers were not successful in arriving at any agreement as to the reduction of armaments at the Conference of 1899, they were nevertheless unanimous in the adoption of the following resolution: "The Conference is of opinion that the restriction of military budgets, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind";1

With the object of giving effect to the above resolution, in default of a direct undertaking among the Powers to restrict their military budgets, it appearing desirable to the Powers to endeavour to promote the same object by indirect means, and believing that by making provision, as far as possible, for the peaceable adjustment of conflicts involving vital interests or the national honour, and by restricting the growth of questions. dangerous for international peace, the need for increasing the burden of armaments may diminish, and their ultimate reduction be rendered possible;

1 The Conference also adopted the following vau :—

"That governments, taking into account the proposals made at the Conference, should examine the possibility of an understanding concerning the limitation of military and naval armaments, and of war budgets."

See p. 123 et seq.

And whereas by a separate agreement the Powers have dealt with the peaceable adjustment of international conflicts generally ;

« PreviousContinue »