Art. XII. The Administrative Council fulfills with regard to the Court of Arbitral Justice the same functions as to the Permanent Court of Arbitration.

Art. XIII. The International Bureau acts as registry to the Court of Arbitral Justice, and must place its offices and staff at the disposal of the Court. It has charge of the archives and carries out the administrative work.

The Secretary-General of the Bureau discharges the functions of Registrar.

The necessary secretaries to assist the Registrar, translators and shorthand writers are appointed and sworn in by the Court.

Art. XIV. The Court meets in session once a year. The session opens the third Wednesday in June and lasts until all the business on the agenda has been transacted.

The Court does not meet in session if the Delegation considers that such meeting is unnecessary. However, when a Power is party in a case actually pending before the Court, the pleadings in which are closed, or about to be closed, it may insist that the session should be held.

When necessary, the Delegation may summon the Court in extraordinary session.

Art. XV. A Report of the doings of the Court shall be drawn up every year by the Delegation. This Report shall be forwarded to the Contracting Powers through the International Bureau. It shall also be communicated to the Judges and Deputy Judges of the Court. Art. XVI. The Judges and Deputy Judges, members of the Court of Arbitral Justice can also exercise the functions of Judge and Deputy Judge in the International Prize Court.

TITLE II.-COMPETENCY AND PROCEDURE.

Art. XVII. The Court of Arbitral Justice is competent to deal with all cases submitted to it, in virtue either of a general undertaking to have recourse to arbitration or of a special agreement. Art. XVIII. The Delegation is competent

1. To decide the arbitrations referred to in the preceding Article, if the parties concerned are agreed that the summary procedure, laid down in Part IV, Chapter IV, of the Convention for the Pacific Settlement of International Disputes is to be applied;

2. To hold an inquiry under and in accordance with Part III of the said Convention, in so far as the Delegation is intrusted with such inquiry by the parties acting in common agreement. With the assent of the parties concerned, and as an exception to Article VII, paragraph 1, the members of the Delegation who have taken part in the inquiry may sit as Judges, if the case in dispute is submitted to the arbitration of the Court or of the Delegation itself.

Art. XIX. The Delegation is also competent to settle the Compromis referred to in Article LII of the Convention for the Pacific Settlement of International Disputes if the parties are agreed to leave it to the Court.

It is equally competent to do so, even when the request is only made by one of the parties concerned, if all attempts have failed to reach an understanding through the diplomatic channel, in the case of

1. A dispute covered by a general Treaty of Arbitration concluded or renewed after the present Convention has come into force, providing for a Compromis in all disputes, and not either explicitly or implicitly excluding the settlement of the Compromis from the competence of the Delegation. Recourse cannot, however, be had to the Court if the other party declares that in its opinion the dispute does not belong to the category of questions to be submitted to obligatory arbitration, unless the Treaty of Arbitration confers upon the Arbitration Tribunal the power of deciding this preliminary question.

2. A dispute arising from contract debts claimed from one Power by another Power as due to its nationals, and for the settlement of which the offer of arbitration has been accepted. This arrangement is not applicable if acceptance is subject to the condition that the Compromis should be settled in some other way.

Art. XX. Each of the parties concerned may nominate a Judge of the Court to take part, with power to vote, in the examination of the case submitted to the Delegation.

If the Delegation acts as a Commission of Enquiry, this task may be intrusted to persons other than the Judges of the Court. The travelling expenses and remuneration to be given to the said persons are fixed and borne by the Powers appointing them.

Art. XXI. The Contracting Powers only may have access to the Court of Arbitral Justice set up by the present Convention.

Art. XXII. The Court of Arbitral Justice follows the rules of procedure laid down in the Convention for the Pacific Settlement of International Disputes, except in so far as the procedure is laid down in the present Convention.

Art. XXIII. The Court determines what language it will itself use and what languages may be used before it.

Art. XXIV. The International Bureau serves as channel for all communications to be made to the Judges during the interchange of pleadings provided for in Article LXIII, paragraph 2, of the Convention for the Pacific Settlement of International Disputes.

Art. XXV. For all notices to be served, in particular on the parties, witnesses, or experts, the Court may apply direct to the Government of the State on whose territory the service is to be carried out. The same rule applies in the case of steps being taken to procure evidence.

The requests addressed for this purpose can only be rejected when the Power applied to considers them likely to impair its sovereign rights or its safety. If the request is complied with, the fees charged must only comprise the expenses actually incurred.

The Court is equally entitled to act through the Power on whose territory it sits.

Notices to be given to parties in the place where the Court sits may be served through the International Bureau.

Art. XXVI. The discussions are under the control of the President or Vice-President, or, in case they are absent or cannot act, of the senior Judge present.

The Judge appointed by one of the parties cannot preside.

Art. XXVII. The Court considers its decisions in private, and the proceedings remain secret.

All decisions are arrived at by a majority of the Judges present. If the number of Judges is even and equally divided, the vote of the junior Judge, in the order of precedence laid down in Article IV, paragraph 1, is not counted.

Art. XXVIII. The judgments of the Court must give the reasons on which they are based. They contain the names of the Judges taking part in them; they are signed by the President and by the Registrar.

Art. XXIX. Each party pays its own costs and an equal share of the costs of the trial.

Art. XXX. The provisions of Articles XXI to XXIX are applicable by analogy to the procedure before the Delegation.

When the right of attaching a member to the delegation has been exercised by one of the parties only, the vote of the member attached is not recorded if the votes are evenly divided.

Art. XXXI. The general expenses of the Court are borne by the Contracting Powers.

The Administrative Council applies to the Powers to obtain the funds requisite for the working of the Court.

Art. XXXII. The Court itself draws up its own rules of procedure, which must be communicated to the Contracting Powers.

After the ratification of the present Convention the Court shall meet as early as possible in order to elaborate these rules, elect the President and Vice-President, and appoint the members of the Delegation.

Art. XXXIII. The Court may propose modifications in the provisions of the present Convention concerning procedure. These proposals are communicated through the Netherland Government to the Contracting Powers, which will consider together as to the measures to be taken.

TITLE III.-FINAL PROVISIONS.

Art. XXXIV. The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

A procès-verbal of the deposit of each ratification shall be drawn up, of which a duly certified copy shall be sent through the diplomatic channel to all the Signatory Powers.

Art. XXXV. The Convention shall come into force six months after its ratification.

It shall remain in force for twelve years, and shall be tacitly renewed for periods of twelve years, unless denounced.

The denunciation must be notified, at least two years before the expiration of each period, to the Netherland Government, which will inform the other Powers.

The denunciation shall only have effect in regard to the notifying Power. The Convention shall continue in force as far as the other Powers are concerned.

APPENDIX V

DECLARATION OF LONDON, FEBRUARY 26, 1909

[Translation.] 2

DECLARATION CONCERNING THE LAWS OF NAVAL WAR.

His Majesty the German Emperor, King of Prussia; the President of the United States of America; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominion beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Majesty the Emperor of All the Russias;

Considering the invitation which the British Government has given to various Powers to meet in conference in order to determine together as to what are the generally recognized rules of international law within the meaning of Article 7 of the Convention of 18th October, 1907, relative to the establishment of an International Prize Court;

Recognizing all the advantages which, in the unfortunate event of a naval war an agreement as to said rules would present, both as regards peaceful commerce, and as regards the belligerents and their diplomatic relations with neutral Governments;

Considering that the general principles of international law are often in their practical application the subject of divergent procedure; Animated by the desire to insure henceforward a greater measure of uniformity in this respect;

Hoping that a work so important to the common welfare will meet with general approval;

Have appointed as their Plenipotentiaries, that is to say:

[Names of Plenipotentiaries.]

Who, after having communicated their full powers found in good and due form, have agreed to make the present Declaration:

2The official text of this Declaration is in the French language.