American Legation,
Lisbon, June 18,
1904.
No. 85.]
[Inclosure.—Translation.]
[From the Liberal, of June 2, 1904.]
The Government of His Most Faithful Majesty and the Government of His
Catholic Majesty, subscribers to the agreement for the pacific
solution of international disputes, as arranged at The Hague on the
29th of July, 1899, considering:
Whereas by article 19 of that covenant, the high contracting parties
reserved to themselves the privilege of arbitrating in the beginning
all questions or matters of dispute of a character to admit of
arbitration; and
Whereas the cordiality of the sentiments and intentions that animate
the two Peninsular nations, more particularly in respect of
contributing effectively to straightening and strengthening of the
bonds of intimate friendship, and to confirming and extending the
good relations, political and economic, existing between them;
and
Whereas it is desirable to secure by mutual and sound concurrence
every available and judicious counsel in the common interest of the
coast regions in the settlement of local discords and conflicts
arising from immediate proximity of the contending parties;
Therefore it is hereby agreed by the undersigned as follows:
- Article 1. All questions of a
judicial character relative to the interpretation of
treaties or conventions existing, or hereafter to exist,
between Portugal and Spain, bordering and friendly nations,
and which questions can not be amicably solved by diplomacy,
shall be submitted to a commission, constituted expressly
for that purpose, by previous agreement; and in the event of
the parties failing to agree upon the constitution of such
commission within a term not to exceed one month from the
time such commission is proposed by one of the high
contracting [Page 702]
parties, then the submission shall be to the permanent
arbitration tribunal or court instituted at The Hague by
virtue of the convention there held on the 29th of June,
1899, provided that the questions so referred and submitted
shall not involve matters of vital effect upon the
independence or honor of the contracting nations or the
interests of other States.
- Article 2. If it is necessary to
appoint an umpire, owing to the failure of the members of
the commission provided for in the foregoing article to
agree, he shall be chosen by the Governments interested from
among the members of the permanent tribunal of The
Hague.
- Article 3. In any special case,
before resort to the commission named in the preceding
articles, or to the permanent tribunal of arbitration, the
high contracting parties can enter into a special compromise
clearly determining the points at issue, the extent of the
submission to arbitration and the conditions to be observed
relating to the constitution of the tribunal and the various
phases of the process of arbitration.
- Article 4. This present
agreement shall be valid for the term of five years, dating
from the day of its ratification, and shall not be declared
inoperative short of one year advance notice of such
termination, and it shall continue in force for five years
successively.
Done at Lisbon,
in duplicate, this
31st of May, A. D. 1904.
- Wenceslau de Souza Pereira
Lima.
- Luiz Polo de Bernabé.
