allegations, documents and evidence which each of the two Governments may present to him, shall decide (1.) Whether the demand of His Britannic Majesty's Government is well founded. (2.) Or whether, on the contrary, the Government of Costa Rica is justified in not recognising the said claims by maintaining the Declaration of Nullity contained in Law 41. The Arbitrator shall have the necessary jurisdiction to establish procedure and to dictate without any restriction whatsoever other resolutions which may arise as a consequence of the question formulated, and which, in conformity with his judgment, may be necessary or expedient to fulfil in a just and honourable manner the purposes of this Convention; and he shall determine what one party may owe the other for the expenses of the claim. The Arbitrator shall also decide with regard to the payment of the expenses of the arbitration. 2. Both Governments solemnly undertake to conform to the decision of the Arbitrator, whatever it may be; and to comply with it without delay, as final and beyond appeal, pledging to this effect the national honour; and they shall take such measures as may be requisite to carry out the arbitral award. The Government of Costa Rica undertake to obtain the adhesion of the International Bank of Costa Rica in so far as it may be necessary for the execution of the award, and undertake to faithfully comply with the resolutions of the Arbitrator in as far as they may affect the official credit institution in question. 3. The High Contracting Parties agree in nominating as Arbitrator the Chief Justice of the United States of America, and in the event of the said Chief Justice declining to accept the office, another Jurist of international repute, whose award shall be a guarantee to both parties of a true conception of justice and right, shall be chosen; and to this end it will be sufficient for the two Governments to sign a supplementary document, or to agree on the nomination by means of a simple exchange of notes. 4. Immediately after the exchange of the ratifications of this Convention, both Governments, jointly or separately, shall solicit the acceptance of the Arbitrator. The Governments will consider that they have been formally notified of such acceptance by a communication to this effect from the Arbitrator to His Britannic Majesty's Embassy and the Costa Rican Legation in Washington. Within ninety calendar days following such notification, each of the parties will present their respective allegations and evidence. On the expiry of the above-mentioned ninety days for the presentation of allegations and evidence, a further period of sixty days shall commence, within which the parties may, if if they so desire, present counter-arguments or rectifications. On the expiry of this second period, a further period of ninety days shall commence, within which the Arbitrator shall pronounce his award. Similar rules of procedure shall obtain in the event of having to proceed, as above-mentioned, to the appointment of an Arbitrator who is not the one chosen by mutual accord under this Agreement in so far as such rules of procedure may be applicable. 5. The Costa Rican Government undertake to give without delay or any cost whatever the certifications of documents, laws or acts existing in the Public Offices, which may be requested through the Ministry for Foreign Affairs by the Government of His Britannic Majesty, by the Royal Bank of Canada or by the Central Costa Rica Petroleum Company; and such certifications shall be held as authentic in the arbitration. Those documents which may appear published in the "Gaceta," the official journal of the Costa Rican Government, shall be held without question as authentic and admissible. 6. To be valid the present Convention must receive the approval of the Constitutional Congress of Costa Rica and of the Government of His Britannic Majesty; and as soon as this approval shall have been obtained, the Convention shall be ratified and the ratifications exchanged in this capital or in Washington. In witness whereof, we, the above-named plenipotentiaries, have signed and sealed the present Convention in duplicate, both in the Spanish and English language. Done in the City of San José de Costa Rica, the 12th day of January, 1922. (L.S.) A. PERCY BENNETT. ALEJANDRO ALVARADO QUIROS. Protocol of Ratification.* The undersigned, duly authorised by their respective Governments, have met together for the purpose of exchanging the ratifications of the Convention between His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and his Excellency the President of the Republic of Costa Rica, signed at San José on the 12th day of January, 1922, for the submission to arbitration of certain Signed also in the Spanish language. claims made by the Central Costa Rica Petroleum Company and the Royal Bank of Canada against the Government of Costa Rica. The respective ratifications have been carefully compared and have been found to be conformable to each other, except that the ratification of his Excellency the President of Costa Rica contains the following reservation : 66 por cuanto el Congreso Constitucional, por Decreto No. 6 del 23 de mayo de este año, aprobó el preinserto Tratado con la siguiente adición: Artículo 2°.-La aprobación dada al Tratado en el artículo anterior se hace en la inteligencia de que nada en el Tratado se opone a que Costa Rica haga valer todos los medios de defensa enumerados en el acuerdo del Congreso del 13 de diciembre de 1921, a que se hace referencia en el preámbulo del Tratado, y a que el Arbitro pueda fundamentar su fallo en todos o algunos de dichos medios de defensa,' cuya traducción al inglés dice así: 666 Article 2nd. The approval given in the preceding article to the Treaty is done with the understanding that nothing in the Treaty would prevent that Costa Rica shall bring into play all means of defence enumerated in the Congressional Resolution on the 13th December, 1921, to which reference is made in the preamble of the Treaty, and that the Arbitrator shall base his Award in all or any of the said means of defence,' artículo que ha sido expresamente aceptado por el Gobierno de Su Majestad Británica, según nota No. 86/13/22 de la respectiva Legación, fechada en Panamá el 15 de setiembre próximo pasado." As the above English translation furnished by the Costa Rican Government is liable to misinterpretation, and in order that the matter may be placed upon due record, it is understood that the English equivalent of this reservation is as follows: 66 The approval of the Convention contained in the preceding article has been given on the understanding that nothing in the Convention prevents Costa Rica from developing all the defences enumerated in the Resolution of Congress of the 13th December, 1921, and referred to in the preamble of the Convention; nor the Arbitrator from basing his decision upon all or any of the said defences." It is further understood that the Spanish text of the above reservation, which was expressly accepted by His Britannic Majesty's Government in a note addressed to the Minister for Foreign Affairs of Costa Rica by His Majesty's Chargé d'Affaires at Panamá on the 15th September, 1922 (No. 86/13/22), is alone authoritative for the purposes of the present arbitration. The said exchange of ratifications has accordingly taken place this day in the usual form. In witness whereof the undersigned have signed the present certificate and have affixed thereto their seals. Done at Washington, this 7th day of March, 1923. (L.S.) A. C. GEDDES. (L.S.) J. RAFAEL OREAMUNO. EXCHANGE OF NOTES between Great Britain and Czechoslovakia relative to the Importation from Great Britain into Czechoslovakia of Opium and similar Drugs. -Prague, March 21 and August 4, 1921. (No. 1.) The British Minister at Prague to the Czechoslovak Minister for Foreign Affairs. M. le Ministre, Prague, March 21, 1921. WITH reference to the note from the Ministry for Foreign Affairs, dated the 12th November last, relative to the contemplated agreement between Czechoslovakia and the United Kingdom concerning traffic in morphia and allied drugs, I have the honour to inform your Excellency that the exportation from the United Kingdom to all destinations of the drugs specified below has been prohibited, except under licence. Applications for the grant of licences for exportation to Czechoslovakia should be accompanied by certificates previously issued under the authority of the Czechoslovak Government to the effect that they are satisfied that the consignment is required exclusively for legitimate medicinal or scientific purposes, and will not be re-exported. The drugs for which certificates will be required are raw opium, morphine, cocaine, ecgonine and diamorphine (commonly known as heroin), and their respective salts, and medicinal opium, and any preparation, admixture, extract or other substance containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine, ecgonine or diamorphine. His Majesty's Government may, however, find it necessary to extend this list to include any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind which may, in their opinion, be productive, if improperly used, of ill-effects substantially of the same character or nature as, or analogous to, those produced by morphine or cocaine. Should the Czechoslovak Government assent to the arrangement proposed, it would undoubtedly be of advantage if your Excellency could transmit to me, together with the note of agreement, a copy of the form of certificate to be issued, for the information of my Government, unless its inclusion in the agreement would cause undue delay. In the event of any legislation of a stricter nature being introduced at a later date by the Czechoslovak Government in regard to their imports from the United Kingdom, His Majesty's Government will be prepared to consider modification of the arrangement. With regard to the question of reciprocity, I have the honour to transmit to your Excellency a copy of the Dangerous Drugs Act of 1920, and to observe that my Government would be quite willing to take whatever steps may be necessary to inform the Czechoslovak Government of the persons to whom they had at any time issued licences for import into the United Kingdom. I further have the honour to observe that in accordance with Article 18 of the Covenant of the League of Nations, any arrangements, which may be concluded between the Czechoslovak Government and His Majesty's Government concerning the import of narcotics between the two countries, will be communicated to the Secretariat of the League with a view to their registration in due form. I avail, &c. GEORGE R. CLERK. (No. 2.) The Czechoslovak Minister for Foreign Affairs to the British Minister at Prague. Ministère des Affaires étrangères, Prague, le 4 août 1921. FAISANT suite à sa note verbale du 3 mai 1921, le Ministère des Affaires étrangères a l'honneur de porter à la connaissance de l'honorable Légation britannique à Prague que les autorités compétentes de la République tchécoslovaque ne font pas d'objections aux propositions que l'honorable Légation a bien voulu transmettre par sa note du 21 mars 1921. Le Ministère a l'honneur de transmettre ci-joint une copie d'un certificat stipulant que l'importation de l'envoi en question est approuvée par le Gouvernement et qu'elle est requise pour des besoins légitimes. En attendant les propositions suivantes de la Légation, le Ministère saisit, &c. |