Regulations relative to protection. August 19, 1863... Declaration between Great Britain and France. April 8, 1904. Agreement between France and Morocco. March 4, 1910... Regulations adopted by Powers relative to claims commission. April Act for enforcement of above convention. Convention between France and Germany. November 4, 1911.. RUSSIA-UNITED STATES. Treaty of commerce and navigation. December 18, OFFICIAL DOCUMENTS CONVENTION BETWEEN COSTA RICA AND PANAMA FOR THE SETTLEMENT OF THE BOUNDARY CONTROVERSY. Signed at Washington, March 17, 1910. The Republic of Costa Rica and the Republic of Panama, in view of the friendly mediation of the Government of the United States of America, and prompted by the desire to adjust in an adequate manner their differences on account of their boundary line, have appointed plenipotentiaries as follows: Costa Rica, His Excellency Señor Licenciado Don Luis Anderson, Envoy Extraordinary and Minister Plenipotentiary on Special Mission. Panama, His Excellency Señor Dr. Don Belisario Porras, Envoy Extraordinary and Minister Plenipotentiary on Special Mission,. Who, after having communicated their respective full powers, and found them to be in good and due form, have agreed upon the following convention : ARTICLE I. The Republic of Costa Rica and the Republic of Panama, although they consider that the boundary between their respective territories designated by the arbitral award of His Excellency the President of the French Republic the 11th of September 1900, is clear and indisputable in the region of the Pacific from Punta Burica to a point beyond Cerro Pando on the Central Cordillera near the ninth degree of north latitude, have not been able to reach an agreement in respect to the interpretation which ought to be given to the arbitral award as to the rest of the boundary line; and for the purpose of settling their said disagreements agree to submit to the decision of the honorable the Chief Justice of the United States, who will determine, in the capacity of arbitrator, the question: What is the boundary between Costa Rica and Panama under and most in accordance with the correct interpretation and true intention of the award of the President of the French Republic made the 11th of September, 1900? In order to decide this the arbitrator will take into account all the facts, circumstances, and considerations which may have a bearing upon the case, as well as the limitation of the Loubet Award expressed in the letter of His Excellency Monsieur Delcassé, Minister of Foreign Relations of France, to His Excellency Señor Peralta, Minister of Costa Rica in Paris, of November 23, 1900, that this boundary line must be drawn within the confines of the territory in dispute as determined by the Convention of Paris between the Republic of Costa Rica and the Republic of Colombia of January 20, 1886. ARTICLE II. If the case shall arise for making a survey of the territory, either because the arbitrator shall deem it advisable or because either of the high contracting parties shall ask for a survey (in either of which cases it shall be made), it shall be conducted in the manner which the arbitrator shall determine upon, and by a commission of four engineers, one of whom shall be named by the President of Costa Rica, a second by the President of Panama, and the two others by the arbitrator. The persons selected by the arbitrator shall be civil engineers in private practice, in every respect independent and impartial, and without personal interest of any kind as respects either Costa Rica or Panama, and not citizens or residents of either of said countries. Said commission shall make detailed reports, with maps of the territory covered by their survey or surveys, which reports and maps, with the data relating thereto, shall be returned to the arbitrator, and copies thereof shall be communicated to the high contracting parties. ARTICLE III. If, by virtue of the award of the arbitrator, any portion of the territory now administered by either of the high contracting parties shall pass to the jurisdiction and sovereignty of the other, the titles to lands or other real property rights in said region granted by the government of the former, prior to the date of this convention, shall be recognized and protected just as if they had issued from the other of them. ARTICLE IV. One month after the ratifications of this convention are exchanged, the representatives of the two governments, or of either of them, shall make request of the Chief Justice to accept the position of arbitrator. Within four months from the date when the Chief Justice shall communicate to the signatory governments, through their respective legations in Washington, his willingness to accept the position of arbitrator, each said government through its representative, shall present to the arbitrator a complete exposition of the question and of its pretensions, together with the documents, allegations and proofs upon which it rests them. If any survey shall be directed, as provided in Article II, said period of four months shall begin from the delivery to the arbitrator and to the high contracting parties of the reports, maps and data of the commission of survey herein before provided for. The arbitrator shall communicate to the representative of each government the case, with its exhibits, of the other party within two months after they shall be presented to him. Within the period of six months after the arbitrator shall so communicate the same, answers thereto shall be made, and such answers shall be limited to the subjects treated of in the allegations of the opposite party. The arbitrator may, in his discretion, extend any of the foregoing periods. The cases and the proofs sustaining the same shall be presented in duplicate and the arbitrator shall deliver a copy to the representative of each government. Either high contracting party may submit secondary evidence of documents and records when it is not practicable to produce the originals thereof. ARTICLE V. The Chief Justice shall make his decision within three months following the closing of the agruments. ARTICLE VI. The compensation and expenses of the arbitrator, including the expenses of any survey and delimitation which may be made, shall be equally borne by the high contracting parties. ARTICLE VII. The award, whatever it be, shall be held as a perfect and compulsory treaty between the high contracting parties. Both high contracting parties bind themselves to the faithful execution of the award and waive all claims against it. |