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shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it.
In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.
Done in Washington on the 22d day of January, in the year of our Lord nineteen hundred and fourteen.
WILLIAM JENNINGS BRYAN. [SEAL.)
TREATY BETWEEN CHILE AND THE UNITED STATES FOR THE ADVANCE
1 MENT OF PEACE
Signed at Washington, July 24, 1914; ratifications exchanged,
January 19, 1916 The President of the United States of America and the President of the Republic of Chile being desirous to secure in the most effective way the amicable settlement of any future difficulties between both countries and the subsequent maintenance of peace and good amity between them, have resolved to enter into a special treaty for that purpose, and to that end have appointed their plenipotentiaries as follows:
The President of the United States of America, His Excellency William Jennings Bryan, Secretary of State of the United States; and
The President of the Republic of Chile, His Excellency Eduardo Suárez Mujica, Envoy Extraordinary and Minister Plenipotentiary of Chile to the United States of America;
Who, after having communicated to each other their respective full powers, found to be in proper and due form, have agreed upon and concluded the following articles:
ARTICLE I The high contracting parties agree that all disputes that may arise in the future between them, shall, when diplomatic methods of adjustment have failed, be submitted for investigation and report to an international commission to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation, nor before all resources stipulated in this treaty have proved unsuccessful.
1U. S. Treaty Series, No. 621.
The international commission shall be composed of five members, to be appointed as follows:- each government shall designate two members, only one of whom shall be of its own nationality. The fifth member shall be chosen by common agreement between the two governments, it being understood that he shall not belong to any of the nationalities already represented on the commission. The fifth member shall perform the duties of president.
Each of the high contracting parties shall have the right to remove, at any time before investigation begins, any commissioner selected by it and, conjointly, the nomination of the successor, or successors, must be enacted. Likewise, either government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be appointed within thirty days following the notification of the withdrawal, by common agreement between the two governments, and such agreement lacking, the appointment will be made by the President of the Swiss Confederation.
The vacancies that may occur through other causes than those already named, will be filled as mentioned in this article.
The international commission shall be constituted within the four months following the exchange of the ratifications of this treaty, and shall notify both governments of the date of its organization. The commission will establish its own regulations. The resolutions of the commission, as well as its final report, will be adopted by the majority of its members.
The expenses of the commission shall be paid by the two contracting governments in equal proportion.
The commission shall determine the country wherein it will sit, taking into consideration the greater facilities for the investigation.
In case that, as established in Article I, the high contracting parties shall have failed to adjust the difficulty by diplomatic methods, said difficulty will be immediately submitted to the international commission for its investigation and report. The convocation of said commission may be made by either contracting government.
The high contracting parties agree to furnish the permanent international commission with all the means and facilities required for its investigation and report.
The report of the international commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall extend the time by mutual agreement. The report shall be prepared in triplicate: one copy shall be presented to each government and the third retained by the commission for its files.
Once the report is in possession of both governments, six months' time will be available for renewed negotiation in order to bring about a settlement of the difficulty in view of the findings of said report; and if even during this new term both governments should be unable to reach a friendly arrangement, the dispute will then be submitted to the Permanent Court of Arbitration established at The Hague.
Notwithstanding, any question that may affect the independence, the honor or the vital interests of either or both of the countries, or the provisions of their respective constitutions, or the interests of a third nation, will not be submitted to such or any other arbitration.
A special and previously agreed convention will detail, if arbitration is resorted to, the matter of the controversy, the extent of the arbiters' powers, and the length of time to which the court of arbitration must subject its organization and procedure, including the presentation of memorials, proofs, and pleas.
The present treaty will be ratified by both governments after obtaining its approval by the Constitutional powers of both countries, and the ratifications shall be exchanged in Washington as soon as possible.
The special convention prescribed by the final paragraph of Article IV remains also subject to the constitutional requisites of both countries.
The present treaty shall take effect immediately after the exchange of the ratifications; and shall continue in force for a period of five years, and it shall thereafter remain in force, during successive periods of five years, until one of the high contracting parties have given notice to the other of an intention to terminate it.
In witness thereof the respective plenipotentiaries have signed the present treaty, and have affixed thereunto their seals.
Done in Washington, on the 24th day of July, in the year nineteen hundred and fourteen.
WILLIAM JENNINGS BRYAN. (SEAL.]
TREATY BETWEEN CHINA AND THE UNITED STATES FOR THE ADVANCE
1 MENT OF PEACE
Signed at Washington, September 15, 1914; ratifications exchanged,
October 22, 1915. The President of the United States of America and the President of the Republic of China, desiring to strengthen the friendly relations which unite their two countries and to serve the cause of general peace, have decided to conclude a treaty for these purposes and have consequently appointed the plenipotentiaries designated hereinafter, to wit:
The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State of the United States; and
The President of the Republic of China, Kai Fu Shah, Envoy Extraordinary and Minister Plenipotentiary of the Republic of China to the United States;
Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles:
ARTICLE I. Any disputes arising between the Government of the United States of America and the Government of the Republic of China, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the high contracting parties do not have recourse to arbitration, be submitted for investigation and report to a permanent international commission constituted in the manner prescribed in the following article.
The high contracting parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the commission and before its report is handed in.
ARTICLE II. The international commission shall be composed of five members appointed as follows: each government shall designate two members, only one of whom shall be of its own nationality; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the commission; he shall perform the duties of president.
1 U. S. Treaty Series, No. 619.
In case the two governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the provisions of Article 45 of the Hague Convention of 1907 shall be applied.
The commission shall be organized within six months from the exchange of ratifications of the present convention.2
The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed.
Any vacancies which may arise (from death, resignation, or cases of physical or moral incapacity) shall be filled within the shortest possible period in the manner followed for the original appointment.
The high contracting parties shall, before designating the commissioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the Commission.
In case a dispute should arise between the high contracting parties which is not settled by the ordinary methods, each party shall have a right to ask that the investigation thereof be intrusted to the international commission charged with making a report. Notice shall be given to the President of the international commission, who shall at once communicate with his colleagues.
In the same case the president may, after consulting his colleagues and upon receiving the consent of a majority of the members of the commission, offer the services of the latter to each of the contracting parties. Acceptance of that offer declared by one of the two governments shall be sufficient to give jurisdiction of the case to the commission in accordance with the foregoing paragraph.
The place of meeting shall be determined by the commission itself.
2 The time within which the organization of the commission may be completed was extended by an exchange of notes of May 11-19, 1916, from April 22, 1916, to August 1, 1916. (Treaty series, No. 619-A.)