été salué par l'Aube d'une salve de 21 coups de canon aux applaudissements enthousiastes de la population.

Fait à Rurutu, les jour, mois et an que dessus.

GALLET.

DE FAUQUE DE JONQUIÈRES.
DE POUS.

CHARLIER.

MONIER.
LABRUYÈRE.

PIA.
SUE.

PROCLAMATION by the High Commissioner for the Western Pacific, declaring a British Protectorate over Choiseul, Ysabel, Shortland Island, Fauro, Tasman Group, Lord Howe's Group, and Gower Island.-Suva, October 6, 1900.

By his Excellency Sir George Thomas Michael O'Brien, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Her Britannic Majesty's High Commissioner for the Western Pacific.

(L.S.) G. T. M. O'BRIEN.

Ir is hereby notified that the jurisdiction of Her Britannic Majesty's High Commissioner's Court for the Western Pacific, and the provisions of Her Britannic Majesty's Order in Council, 1893, and of such of the Queen's Regulations made in accordance therewith as apply to the Protectorate of the British Solomon Islands, are extended to all persons residing or being within the limits of the islands to the east and south-east of the Island of Bougainville, and formerly included in the Protectorate of the German Solomon Islands, which were transferred to Great Britain by the Convention between Great Britain and Germany, signed at London on the 14th November, 1899,* that is to say :

Choiseul, and the small islands depending thereon;

Ysabel, and the small islands depending thereon, including Ramos and St. George;

Shortland Island, and the small islands adjacent and depending thereon, viz., Morgusaia, Alu, Porporang, Faise, Onua, and Ballale;

Fauro Island, and the small islands adjacent and depending thereou, viz., Oema Island and Atoll, Ovau, Asie, Illina, Nusave,

* Vol. XCI, ▾

Niellei, Nusakoa, Benana, Nufahana, Munia, Piedu, Masamasa, and Cyprian Bridge;

The Tasman group, or Niumano Atoll, comprising the Islands of Niumano, Loto, and thirty-seven others;

The Leueneuwa Islands, otherwise known as Ontong Java or Lord Howe's group, and comprising the Islands of Palav, Oikuo, Uailoko, Ouku, Leueueuwa, Engaulii, Lehuanu, Nee, Akoo, Ekolo, Makamea, Toukoua, Kalau, and all other islands situated upon or within the aforesaid reef, and also the reef known as El Roncador or Candelaria Reef; and

Gower, otherwise known as Inattendue Island;

And that benceforth these islands will form part of the Protectorate of the British Solomon Islands.

Whereof let all men take notice, and govern themselves accordingly.

By command,

M. KING, Secretary.

Office of the High Commissioner for the Western Pacific, Suva, Fiji, October 6, 1900.

TREATY of Arbitration between the Argentine Republic and the Republic of Paraguay.—Signed at Asuncion, November 6, 1899.*

[Ratifications exchanged at Asuncion, June 5, 1902.]

(Translation.)

THE Governments of the Argentine Republic and of the Republic of Paraguay, being animated by the common desire to arrange by

The following Protocol amending Article III of this Treaty was signed at Asuncion on the 25th January, 1902 :

"Their Excellencies Dr. Manuel Dominguez, Minister for Foreign Affairs, and Don Lauro Cabral, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic, having met in the Department for Foreign Affairs of the Republic of Paraguay, and having agreed to the proposal to modify the General Treaty of Arbitration concluded between the two Governments on the 6th November, 1899, in the part dealing with the formation of the Tribunal of Arbitration, and with a view to securing its constitution without the inconveniencies inherent in a permanent Tribunal, have agreed upon the following: "Article III of the Treaty referred to stands modified as follows:"Art. III. In every case which occurs the Arbitration Tribunal shall be constituted which is to decide the controversy raised.

"If there should be disagreement respecting the constitution of the Tribunal, the latter shall be composed of three Judges. Each State shall name an

amicable means any question which may arise between the two countries, have resolved to draw up a General Treaty of Arbitration, for which purpose they nominate as their Plenipotentiaries, namely:

His Excellency the President of the Argentine Republic, his Envoy Extraordinary and Minister Plenipotentiary to the Republic of Paraguay, Don Lauro Cabral; and

His Excellency the President of the Republic of Paraguay, his Minister for the Department of Foreign Affairs, Don José S. Decoud;

Who, having communicated their full powers, which were found to be in good and due form, have agreed upon the following Articles :

ART. I. The High Contracting Parties undertake to submit to decision by arbitration all controversies of whatever nature which for any cause whatsoever may arise between them, in so far as they do not affect the principles of the Constitution of either country, and provided always that they cannot be settled by means of direct negotiations.

II. Questions which may have been the object of definite agreements between the Contracting Parties cannot be reopened by virtue of this Treaty. In such cases arbitration shall be limited exclusively to the questions which may arise respecting the validity, interpretation, and fulfilment of such agreements.

III. In every case which occurs the Arbitration Tribunal shall be constituted which is to decide the controversy raised.

If there should be a disagreement respecting the constitution of the Tribunal, the latter shall be composed of three Judges. Each State shall name an Arbiter, and these shall desiguate the third. If they should be unable to agree upon that designation, it shall be made by a Chief of a third State who shall be indicated by the

Arbiter, and these shall designate the third. If they should be unable to agree upon that designation, it shall be made by the Chief of a third State who shall be indicated by the Arbiters named by the Parties. Should they be unable to agree as to this latter nomination, each Party shall designate a different Power and the selection of the third Arbiter shall be made by the two Powers thus designated. The Arbiter thus selected shall be of right President of the Tribunal. A person cannot be named as third Arbiter who has already given a decision in that capacity in a case of arbitration in accordance with this Treaty.' "The present Protocol shall be ratified and the ratifications shall be exchanged simultaneously with the Treaty of Arbitration, of which it shall form an integral part.

"In virtue of which it is signed in duplicate, in the city of Asuncion, on the 25th day of January, in the year 1902.

* See Protocol, page 485 (foot-note).

(L.S.) "LAURO CABRAL.
(L.S.) "MANUEL DOMINGUEZ."

Arbiters named by the Parties. Should they be unable to agree as to this latter nomination, the President of the Swiss Confederation shall be invited to designate him. The Arbiter thus selected shall be of right President of the Tribunal.

A person cannot be named as third Arbiter who has already given a decision in that capacity in a case of arbitration in accordance with this Treaty.

IV. No one of the Arbiters shall be a citizen of the Contracting States or domiciled in their territory. Neither shall he have an interest in the questions submitted to arbitration.

V. In case of one or more of the Arbiters declining, withdrawing, or being otherwise prevented from acting, substitutes shall be found in the same manner as that adopted for their nomination.

VI. The points at issue shall be indicated by the Contracting States, who shall also be able to determine the scope of the Arbiters' powers, and any other circumstance relating to the procedure.

VII. In default of special stipulations between the Parties, it shall be incumbent on the Tribunal to fix the time and place of its sessions outside the territory of the Contracting States, to select the language to be employed, to determine the methods of proof, the formalities and terms to be prescribed to the Parties, the procedure to be followed, and in general to take all measures necessary for the exercise of its functions, and to settle all the difficulties of procedure which might arise in the course of the debate.

The litigants undertake to furnish the Arbiters with all the means of information at their disposal.

VIII. Each of the Parties shall be able to appoint one or more mandatories to represent it before the Arbitration Tribunal.

IX. The Tribunal is competent to decide upon the regularity of its own constitution, and upon the validity and interpretation of the agreement. It is equally competent to decide disputes which may arise between the litigants as to whether questions determined by it were or were not points submitted to jurisdiction by arbitration in the written agreement.

X. The Tribunal shall decide in accordance with the principles of international law, unless the agreement calls for the application of special rules, or authorizes the Arbiters to decide in the character of friendly advisers.

XI. A Tribunal shall not be able to be formed without the concurrence of the three Arbiters. In case the minority, when duly cited, should not be willing to attend the deliberations or other proceedings, the Tribunal shall be formed by the majority of the Arbiters only, who shall record the voluntary and unjustified absence of the minority.

The decision of the majority of the Arbiters shall be accepted

as the award; but if the third Arbiter does not accept the opinion of either of the Arbiters named by the Parties, his decision shall be final.

XII. The award shall decide definitely each point in litigation, and shall set forth the grounds on which it is based.

It shall be drawn up in duplicate and signed by all the Arbiters. If any one of them should refuse to sign it the others shall mention that circumstance in a special Protocol, and the award shall take effect whenever it is signed by the majority of the Arbiters. The dissenting Arbiter shall confine himself to recording his dissent when the award is signed, without stating his reasons.

XIII. The award shall be notified to each of the Parties through the medium of its representative on the Tribunal.

XIV. The award legally pronounced decides within the limits of its scope the controversy between the Parties.

XV. The Tribunal shall determine in its award the period within which it shall be executed, being also competent to decide the questions which may arise with reference to its execution.

XVI. There is no appeal against the award, and its fulfilment is confided to the honour of the nations who have signed this compact.

Nevertheless, an appeal will be allowed for revision before the same Tribunal which pronounced it, provided it is lodged before the lapse of the period assigned for the execution, in the following

cases:

1. If the award has been pronounced in consequence of a document having been falsified or tampered with;

2. If the award has been in whole or in part the consequence of an error of fact resulting from the arguments or documents of the

case.

XVII. Each of the Parties shall pay its own expenses and half the general expenses of the Tribunal of Arbitration.

XVIII. The present Treaty shall remain in force ten years, dating from the exchange of ratifications. If it should not be denounced six months before the lapse of that period, it shall be considered to be renewed for another space of ten years, and so on.

The present Treaty shall be ratified, and the ratifications shall be exchanged in Asuncion within six months of the date of the same.

In virtue of which the Plenipotentiaries of the Argentine Republic and of the Republic of Paraguay have signed the present Treaty in duplicate, and sealed it with their respective seals, in the city of Asuncion, on the 6th day of November, in the year 1899.

(L.S.) LAURO CABRAL. (L.S.) JOSÉ S. DECOUD.