When once the Manouba was captured and taken to Cagliari, the Italian naval authorities were, in general and in the special circumstances under which the act was committed, within their rights in proceeding, as they did, to the arrest of the twenty-nine Ottoman passengers who were on board. In so far as concerns the second question propounded by the compromis, The Royal Italian Government shall be obliged, within three months from the present award, to pay to the Government of the French Republic the sum of four thousand francs, which, after deducting the amount due the Italian Government for guarding the Manouba is the amount of the losses and damages sustained, by reason of the capture of the Manouba and its convoy to Cagliari, by the private individuals interested in the vessel and its voyage. There is no occasion to comply with the other claims contained in the demands of the two parties. Done at The Hague, in the building of the Permanent Court of Arbitration, May 6, 1913. President: HJ. L. HAMMARSKJÖLD Secretary General: MICHIELS Van Verduynen RÖELL AGREEMENT FOR ARBITRATION Compromis of arbitration relative to the questions raised by the capture and temporary detention of the French mail steamer "Manouba."Signed at Paris, March 6, 1912.1 The Government of the French Republic and the Royal Italian Government, having agreed, on January 26, 1912,2 in application of the Franco-Italian arbitration convention of December 25, 1903, which was renewed December 24, 1908, to entrust an arbitral tribunal with the examination of the capture and temporary detention of the French mail steamer Manouba by the Italian naval authorities, particularly in the special circumstances under which that act was committed, and of the arrest of the twenty-nine Ottoman passengers who were on board, as well as with the duty of deciding the consequences which should follow, 1Translation. For the original French text, see Appendix, p. 571. 2See ante, p. 339. The undersigned, duly authorized for that purpose, have agreed upon the following compromis: ARTICLE 1 An arbitral tribunal, composed as hereinafter stipulated, is charged with the settling of the following questions: 1. Were the Italian naval authorities, in general and in the special circumstances under which the act was committed, within their rights in proceeding, as they did, to the capture and temporary detention of the French mail steamer Manouba, as well as to the arrest of the twenty-nine Ottoman passengers who were on board? 2. What should be the pecuniary or other consequences, following the decision of the preceding question? ARTICLE 2 The tribunal shall be composed of five arbitrators which the two Governments shall choose from among the members of the Permanent Court of Arbitration at The Hague, one of whom shall perform the duties of umpire.1 ARTICLE 3 On June 15, 1912, each party shall deposit with the Bureau of the Permanent Court of Arbitration fifteen copies of its memorial, with certified copies of all documents and papers which it intends to present in the case. The Bureau shall guarantee their transmission without delay to the arbitrators and parties, to wit: two copies for each arbitrator, three copies for each opposing party; two copies shall remain in the archives of the Bureau. On August 15, 1912, each party shall deposit in the same manner as above, its counter-memorial with the papers appertaining thereto, and its final conclusions. ARTICLE 4 Each of the parties shall deposit with the Bureau of the Permanent Court of Arbitration at The Hague at the same time that it deposits its memorial, a sum for the purpose of expenses, which shall be fixed by mutual agreement. 1See the supplementary agreement of April 4, 1912, ante, p. 340. ARTICLE 5 The tribunal shall meet at The Hague, upon the convocation of its president, in the second fortnight of the month of September, 1912. ARTICLE 6 Each party shall be represented by an agent whose duty it shall be to serve as intermediary between it and the tribunal. The tribunal may demand that either agent furnish it, if necessary, with oral or written explanations, to which the agent of the opposing party shall have the right to reply. ARTICLE 7 The French language shall be used by the tribunal. Each party may use its own language. ARTICLE 8 The award of the tribunal shall be rendered with the least possible delay and in any case within thirty days following the closing of the debates. However, this period may be extended upon the demand of the tribunal and the consent of the parties. ARTICLE 9 The tribunal is competent to regulate the conditions for the execution of its award. ARTICLE 10 On all points not covered by the present compromis, the stipulations of the Hague Convention for the pacific settlement of international disputes, of October 18, 1907, shall be applicable to the present arbitration. Done, in duplicate, at Paris, March 6, 1912. (Signed) L. RENAULT (Signed) G. FUSINATO THE ISLAND OF TIMOR CASE between THE NETHERLANDS and PORTUGAL Decided June 25, 1914 Syllabus This arbitration grew out of a dispute between the Netherlands and Portugal over the boundaries of their respective possessions in the Island of Timor, which was partitioned between them by a treaty of April 20, 1859.1 In order to avoid the division of native tribes this treaty had left certain Dutch territory within the boundaries assigned to Portugal and vice versa, but as it later appeared desirable to abolish these so-called "enclaves," a convention was signed on June 10, 1893,2 for that purpose and for the establishing of the boundary in the clearest manner. A commission acting under this convention reached an agreement upon most of the boundary in 1898-1899, and the disputed points were referred to a conference at The Hague, which on July 3, 1902, agreed upon a solution which was transformed into a diplomatic convention on October 1, 1904. This convention settled the remainder of the boundary with the exception of a part of the Portuguese enclave formerly within Dutch territory. As to this a theoretical line was drawn and a mixed commission appointed to survey and mark it. The commissioners after starting upon their work were unable to agree upon some of the geographical points which had been laid down for their guidance, and their labors were suspended. After a lengthy diplomatic correspondence between the foreign offices of the respective Governments an agreement was signed at The Hague on April 3, 1913, referring the disputed boundary to the decision of an arbitrator, according to the data to be furnished by the parties and on the basis of the general principles of international law. Mr. Charles Édouard Lardy, the Swiss Minister to France, was selected as arbitrator. He rendered an award on June 25, 1914, fixing the boundary in accordance with the contentions of the Netherlands. 1Post, p. 390. Post, p. 396. 4 Post, p. 387. 2Post, p. 393. AWARD OF THE TRIBUNAL Arbitral award rendered in execution of the compromis signed at The Hague, April 3, 1913, between the Netherlands and Portugal concerning the boundary of a part of their possessions in the Island of Timor.-Paris, June 25, 1914.1 A dispute having arisen between the Royal Government of the Netherlands and that of the Portuguese Republic concerning the subject of the boundary of a part of their respective possessions in the Island of Timor, the two Governments, by a convention signed at The Hague, April 3, 1913, of which ratifications were exchanged in the same city on July 31st following, decided as a last resort to refer its solution to an arbitrator, and accordingly by common accord designated the undersigned. To understand the sense and scope of the compromis of April 3, 1913, there is need succinctly to explain the negotiations that preceded that compromis. I. HISTORICAL The Island of Timor, the farthest east of the continuous series of the Sonde Islands and the nearest to Australia, was discovered by the Portuguese in the sixteenth century; the island measures about 500 kilometers in length from west to east by a maximum width of 100 kilometers. A lofty chain of mountains, certain summits of which reach an altitude of nearly 3,000 meters, divides this island lengthwise into two slopes. The eastern part of the island, with an approximate area of 19,000 square kilometers, and a population of about 300,000 inhabitants, is Portuguese. The western part, with a population estimated in 1907 of 131,000 inhabitants and an area of about 20,000 square kilometers, is under the sovereignty of the Netherlands, with the exception of the "Kingdom of Okussi and Ambeno," situate on the northwest coast and surrounded on all sides by Dutch territory except on the shore. The name of "kings" given by the Portuguese to the chieftains of tribes is explained by the fact that in the native tongue they are called leorey; the final syllable of this word has been translated into 1American Journal of International Law, vol 9, p. 240. For the original French text, see Appendix, p. 574. 2 Post, p. 387. |