TEXTS OF TREATIES AND AGREEMENTS

TREATY OF FRIENDSHIP, NONAGGRESSION, ARBITRATION, AND CONCILIATION BETWEEN TURKEY AND RUMANIA

The President of the Turkish Republic and His Majesty the King of Rumania,

equally devoted to the maintenance of general peace;

convinced that it is the duty of Turkey and Rumania to cooperate to this end in a spirit of mutual confidence by preparing for the pacific settlement of disputes liable to arise between them;

keeping in mind that both Governments are signatories of the Pact of Paris of August 27, 1928 relative to the renunciation of war, and of the Conventions of July 3 and 4, 1933 determining aggression;

desirous of strengthening in the common interest of the two countries the existing bonds of friendship, which constitute for them a guaranty for the future;

have decided to conclude between themselves the present Treaty of Friendship, Non-Aggression, Arbitration and Conciliation, and have appointed to this end their plenipotentiaries:

THE PRESIDENT OF THE TURKISH REPUBLIC:

His Excellency TEVFIK RÜŞTÜ BEY, Minister for Foreign Affairs of Turkey, Deputy of Izmir;

HIS MAJESTY THE KING OF RUMANIA:

His Excellency M. TITULESCO, Minister for Foreign Affairs of Rumania;

who, following the exchange of their full powers found to be in good and due form, have agreed upon the following provisions:

Article 1.-There is and shall be inviolable peace and sincere and perpetual friendship between the Turkish Republic and the Kingdom of Rumania and their peoples.

Article 2.-True to their already assumed engagements not to resort to war against each other as a means of national policy, nor to aggression as determined by the Conventions of July 3 and 4, 1933, and, consequently, not to participate in an aggressive action committed by a third Party, both High Contracting Parties assume in addition the obligation of condemning any aggression or any participation in an aggression of any kind attempted by third parties, as well as any agreement of an aggressive nature directed against one or the other of the two countries.

Article 3.-The High Contracting Parties pledge themselves to resolve, in the manner indicated hereinafter, by means of conciliation or judicial or arbitral settlement, any dispute resulting from conditions and events arising subsequently to the entering into effect of the present treaty concerning which the Parties may reciprocally contest each other's right and which could not be settled within a reasonable time limit through the customary diplomatic procedure. The two High Contracting Parties maintain as regards the application of the present agreement the reservations made by them at the time of their adherence to the optional clause of Art. 36 of the statute of the Permanent Court of International Justice, it being understood on the other hand that the engagement mentioned above does not refer:

a) to disputes relative to claims which private individuals may have against one of the High Contracting Parties and which are to be finally settled by the competent national jurisdiction of either High Contracting Party;

b) to disputes dealing with questions left by International Law to the exclusive competence of Governments, such as domestic law or involving their sovereignty;

c) to disputes concerning the territorial statute [status?] of the Parties.

Article 4.-Disputes for the settlement of which a special procedure has been provided by other conventions in effect between the High Contracting Parties will be settled in accordance with the provisions of these conventions.

Article 5.-Should the Parties agree to submit the dispute to a Tribunal of Arbitration, they will draw up a compromis. In case they do not agree to resort, purely and simply, to the Hague Convention de Martens, New General Collection of Treaties, 3rd series, Volume III, page 360-of October 18, 1907, for the pacific settlement of international conflicts, they shall determine in the said compromis, apart from the choice of arbiters and the object of the dispute, the methods of the procedure and the basic rules to be applied by the arbiters.

Article 6. Should the Parties agree to submit the dispute to a Tribunal of Arbitration and should no agreement be reached between the Parties regarding the compromis dealt with in the preceding article or the arbiters fail to be appointed, and following the expiration of a three months' notice, either Party shall have the faculty of bringing the dispute by way of petition directly before the Permanent Court of International Justice.

Article 7.-The decision of the Permanent Court of International Justice or the sentence of the Tribunal of Arbitration shall be carried out by the Parties in good faith.

Difficulties liable to arise from the interpretation or execution of the decisions of the Permanent Court of International Justice or the arbitral sentences, rendered conformably to the conditions stipulated in the foregoing, shall be settled by the Permanent Court of International Justice at the request of one or the other Party.

Article 8.-Prior to any procedure of arbitration or any procedure before the Permanent Court of International Justice according to the conditions stipulated above, the dispute may, by common agreement of the Parties, be submitted to the procedure of conciliation provided for by the present Pact.

Failing the attempt of conciliation and following the expiration of the delay provided for in Art. 21, the dispute, according to the case, may be brought either before the Permanent Court of International Justice or the Tribunal of Arbitration under the conditions provided for in the preceding articles.

Article 9.-Upon the request to this end addressed by one of the Contracting Parties to the other, a permanent Committee of Conciliation must be formed within three months.

Article 10.-The permanent Committee of Conciliation shall be formed of three members. Each High Contracting Party shall designate a commissioner from among its respective nationals.

They shall designate by common agreement the president who must not be a national of the High Contracting Parties nor have his habitual residence within their territories, nor be in their employ. Failing the designation of the president within the time limit provided for in the preceding article or, in case of replacement, within three months effective from the vacancy of the office, he shall, in the absence of an agreement between the Parties and at the request of one of them, be appointed by the Chief of State, provided the latter agrees, of a Power to be chosen by the Parties by common agreement.

The commissioners will be appointed for three years. They are subject to reelection. They shall remain in office until they are replaced and in any case until the expiration of their commissions.

As long as proceedings are not opened, each High Contracting Party has the right to recall its appointed commissioner and to designate a successor. They will likewise have the right to withdraw their consent as regards the nomination of the president.

Vacancies occurring as a result of the expiration of commissions,. recall, death, resignation or some other hindrance, shall be filled with the shortest possible delay according to the methods provided for nominations.

Article 11.-The Committee of Conciliation shall be resorted to by means of a request to be addressed to the President by the two Parties acting in common agreement, or, failing the latter, by one or the other of the Parties. The request, after having set forth the

object of the dispute, shall invite the Committee to take all the necessary measures to bring about a conciliation.

Should the request come from one Party only, the latter shall give notice thereof simultaneously to the other Party.

Article 12.-Each Party may, within a time limit of fifteen days following the date of submittal of the dispute to the Committee of Conciliation, replace its commissioner for the examination of the dispute with a person having competence in the matter.

The Party availing itself of this right shall immediately notify the other Party which in such a case will have the faculty of taking like action within a time limit of fifteen days effective from the date it received such notice.

Article 13.-The Committee of Conciliation shall convene, unless the Parties should have agreed otherwise, in the place indicated by its President.

Article 14.-The Committee of Conciliation shall have the task of elucidating the question under dispute, of collecting to this end all the necessary information and of endeavoring to conciliate the parties.

Following the examination of the case it shall, in a report, set forth the proposals for the settlement of the dispute.

Article 15.-The proceedings of the Committee of Conciliation will consist in the hearing of both parties.

Except in case of a unanimous decision to the contrary, the Committee of Conciliation shall itself determine the procedure taking into account the provisions contained in Chapter III of the Hague Convention of October 18, 1907, for the pacific settlement of international conflicts.

Article 16.-The deliberations of the Committee of Conciliation shall take place in private unless by common agreement with the Parties the Committee should decide otherwise.

Article 17.-The Parties shall have the right to appoint to the Committee agents, advisors and experts, who shall at the same time act as intermediaries between them and the Committee, and likewise to request the hearing of any person whose evidence they should consider profitable.

The Committee for its part shall have the right to request oral explanations from the agents, advisors and experts of the two Parties, as well as from anyone it should deem appropriate to summon, with the consent of the respective Governments.

Article 18.—The Parties agree to facilitate the work of the Committee of Conciliation, and in particular to supply it in the largest possible manner with all the documents at their disposal according to their legislation, in order to enable it to proceed with the summoning and hearing of witnesses and experts.

Article 19.-The Committee of Conciliation will hand in its report within four months effective from the date of submittal to it of the dispute, unless the Parties should agree to extend the above period.

A copy of the report shall be delivered to each of the Parties. The report shall not, in the setting forth and as regards judicial considerations, have the character of an arbitral decision.

Article 20.-The Committee of Conciliation will fix the period in which the Parties shall give their opinion on the proposed settlement as set forth in the report. This period shall not exceed three months.

Article 21.-For the duration of his work each commissioner will receive a remuneration the amount of which will be fixed by common agreement of the Parties and which will be borne by them equally. The general expenditures connected with the functioning of the Committee will be divided in a like manner.

Article 22.-The present Pact will be ratified and the instruments of its ratification will be exchanged within the shortest possible time. The Pact will enter into effect following the exchange of the ratifications. It is concluded for a period of ten years effective from its entering into effect.

Failing its denunciation six months prior to the expiration of this term, it will be considered as renewed for another period of five years and so forth.

In case at the time of expiration of the present Pact there should be pending conciliatory, arbitral or judicial proceedings, they will follow their course in accordance with the provisions of the present Pact, unless the Parties should decide otherwise.

Done at Ankara, in duplicate, on October 17, 1933.