Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1905
The Belgian Chargé to Acting Secretary of State Loomis.
Washington, June 7, 1905.
My Dear Mr. Secretary: The Belgian legation has just received the text of the exposition of the motives accompanying the proposed law submitted to the Belgian chambers for the approval of the obligatory treaties of arbitration concluded between Belgium and other governments.
I hasten to place one copy of the same at your disposal.
Please accept, etc.,
[Inclosure.—Translation.]
His Majesty the King of the Belgians and his Majesty the Emperor of all the Russias, desiring to settle as far as possible by pacific means the differences which may arise between their countries, have decided to conclude for this purpose a convention of obligatory arbitration, and have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- Count Degrelle Rogier, his envoy extraordinary and minister plenipotentiary at the Imperial court of Russia, and
- His Majesty the Emperor of all the Russias—
- Count Lamsdorf, his secretary of state, actual privy councilor and minister of foreign affairs;
Who, after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, the differences which may arise between them in the cases enumerated in article 3, in so far as they affect neither the independence, [Page 79] the honor, the vital interests, nor the exercise of sovereignty of the contracting countries, and provided it has been impossible to obtain an amicable solution by means of direct diplomatic negotiations or by any other method of conciliation.
Article 2.
It shall be the privilege of each of the high contracting parties to decide whether the difference which has arisen involves its vital interests, its honor, its independence, or the exercise of its sovereignty, and is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the foregoing article.
Article 3.
Arbitration shall be obligatory between the high contracting parties in the following cases:
- 1.
- In case of disputes concerning the application or
interpretation of any convention concluded or to be
concluded between the high contracting parties and relating—
- (a)
- To matters of international private law;
- (b)
- To the management of companies;
- (c)
- To matters of procedure, either civil or criminal, and to extradition.
- 2.
- In case of disputes concerning pecuniary claims based on damages, when the principle of indemnity has been recognized by the parties.
Differences which may arise with regard to the interpretation or application of a convention concluded or to be concluded between the high contracting parties and in which third powers have participated or to which they have adhered shall be excluded from settlement by arbitration.
Article 4.
The present convention shall be applicable even if the disputes which arise shall have originated in acts prior to its conclusion.
Article 5.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform in all that concerns the appointment of the arbitrators and the arbitral procedure to the rules established by the convention signed at The Hague July 29, 1899, for the pacific settlement of international controversies, except as regards the points indicated hereinbelow.
Article 6.
Neither of the arbitrators shall be a subject of either of the nations signing the present convention, nor be domiciled in their territories, nor be interested in the questions forming the subject of arbitration.
Article 7.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a period within which the exchange between the two parties of the memoranda and documents relating to the subject of the litigation shall take place. This exchange shall be completed at all events before the opening of the sessions of the court of arbitration.
Article 8.
The agreement mentioned in the foregoing article shall likewise fix the sum which the high contracting parties are to place at the disposal of the Permanent Bureau of the Court of Arbitration in order to cover the expenses of arbitration in accordance with Article 57 of the convention of July 29, 1899.
Article 9.
The arbitral sentence shall specify the periods within which it is to be executed.
Article 10.
The present convention is concluded for the period of ten years. It shall take effect one month after the exchange of ratifications. In case neither of the high contracting parties has made known, six months before the end of said period, its intention to bring it to an end, the convention shall remain binding until the expiration of one year from the day on which one or the other of the high contracting parties shall have denounced it.
[Page 80]Article 11.
The present convention shall be ratified within the shortest possible period, and the ratifications shall be exchanged at St. Petersburg.
In witness whereof the plenipotentiaries have signed the present convention and affixed thereto the seal of their arms.
- Count Degrelle Rogier.
- Count Lamsdorff.
declaration.
At the moment of proceeding to sign the arbitration convention, which has been agreed upon between Belgium and Russia, the undersigned plenipotentiaries, being duly authorized for this purpose, have agreed on the following:
It is understood that the said convention, in accordance with the previous declarations of the plenipotentiary of His Majesty the King of the Belgians, made at the Peace Conference at The Hague, does not in any way modify, as far as the high contracting parties are concerned, the rights and obligations accruing to them from the treaty of April 19, 1839, which guarantees the independence and neutrality of Belgium, and the stipulations of which can not be affected by the said convention of arbitration.
The present declaration shall have the same value and the same duration as if it had been embodied in the aforementioned convention. It shall be ratified at the same time.
- Count Degrelle Rogier.
- Count Lamsdorff.
[Untitled]
His Majesty the King of the Belgians and the Federal Council of the Swiss Confederation, desiring to settle as far as possible by means of arbitration the differences which may arise between their countries, have decided to conclude for this purpose a convention and have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- His excellency Count de Lichtervelde, officer of the Order of Leopold, etc., his envoy extraordinary and minister plenipotentiary to the Swiss Confederation, and
- The Federal Council of the Swiss Confederation—
- Mr. Robert Comtesse, president of the Swiss Confederation and chief of the political department;
Who, after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, the differences which may arise between them in the cases enumerated in Article 3 in so far as they effect neither the honor, the independence, nor the sovereignty of the contracting countries, and provided it has been imposssible to secure an amicable settlement by direct diplomatic negotiations or by any other method of conciliation.
Article 2.
It shall be the privilege of each of the high contracting parties to decide whether the difference which has arisen involves its honor, its independence, or its sovereignty, and is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the foregoing article.
Article 3.
With the reservations indicated in Article 1 arbitration shall be obligatory between the high contracting parties in the following cases:
- 1.
- In case of disputes concerning the application or interpretation of any convention concluded or to be concluded between them with the exception of those in which third powers have participated or to which they have adhered.
- 2.
- In case of disputes regarding pecuniary claims based on damages, when the principle of indemnity is recognized by the parties.
Article 4.
The present convention shall be applicable even if the disputes which arise have had their origin in acts prior to its conclusion.
Article 5.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform in everything that concerns the appointment of the arbitrators and the arbitral procedure to the rules established by the convention signed at The Hague on July 29, 1899, for the pacific settlement of international controversies, except as far as the points indicated herein below are concerned.
Article 6.
None of the arbitrators shall be a subject of either of the nations signing this convention, nor domiciled in their territories, nor interested in the questions which form the subject of arbitration.
Article 7.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a period during which the exchange between the two parties of the memoranda and documents relating to the subject of litigation shall take place. This exchange shall be completed at all events before the opening of the sessions of the court of arbitration.
Article 8.
The agreement shall fix the sum which the high contracting parties are to place immediately at the disposal of the Permanent Bureau of the Court of Arbitration in order to cover the expenses of procedure, in conformity with Article 57 of the convention of July 29, 1899.
Article 9.
The arbitral sentence shall specify the periods within which it is to be executed.
Article 10.
The present convention is concluded for the period of ten years. It shall take effect one month after the exchange of ratifications. In case neither of the high contracting parties has given notice, six months before the end of said period, of its intention to terminate it, the convention shall remain binding until the expiration of a year from the day on which either of the high contracting parties shall have denounced it.
Article 11.
The present convention shall be ratified within the shortest possible period, and the ratifications shall be exchanged at Bern.
In witness whereof the plenipotentiaries have signed the present convention and affixed thereto their seals.
- Lichtervelde.
- R. Comtesse.
[Untitled]
His Majesty the King of the Belgians and His Majesty the King of Sweden and Norway, being signatories of the convention for the pacific settlement of international controversies concluded at The Hague on July 29, 1899, and desiring in order to apply the principles set forth in Articles 15 to 19 of the said convention to enter into negotiations for the conclusion of a convention of obligatory arbitration, have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- Baron de Favereau, Knight of the Order of Leopold, etc., a senator, his minister of foreign affairs; and
- His Majesty the King of Sweden and Norway—
- Count Wrangel, commander of the first class of the Order of the Polar Star, commander of the second class of the Order of Wasa, etc., his envoy extraordinary and minister plenipotentiary to His Majesty the King of the Belgians;
Who after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
[Page 82]Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration, established at The Hague by the convention of July 29, 1899, the differences which may arise between them in the cases enumerated in article 3, in so far as they affect neither the independence, the sovereignty, nor the vital interests of the respective countries, and provided it as been impossible to secure an amicable settlement by means of direct diplomatic negotiations.
Article 2.
It shall be the privilege of each of the high contracting parties to decide whether the difference which has arisen involves its vital interests, its independence, or its sovereignty, and whether it is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the foregoing article.
Article 3.
Arbitration shall be obligatory between the high contracting parties in the following cases:
- 1.
- With the reservations contained in Article 1 in case of disputes concerning the application or interpretation of all conventions concluded or to be concluded between them, with the exception of those in which third powers have participated or to which they have adhered.
- 2.
- In case of disputes regarding pecuniary claims based on damages, when the principle of indemnity is recognized by the signatory nations.
The high contracting parties waive the right of availing themselves in this latter case of the above-mentioned reservations.
Article 4.
The present convention shall be applicable even if the disputes which arise have originated in acts prior to its conclusion.
Article 5.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform, in all that regards the appointment of the arbitrators and the arbitral procedure, to the rules established by the convention of July 29, 1899, except as regards the points indicated herein below.
Article 6.
None of the arbitrators shall be a subject of the signatory nations, nor be domiciled within their territories, nor be concerned in the questions forming the subject of arbitration.
Article 7.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a term within which the exchange between the two parties of the memoranda and documents relating to the subject of litigation shall take place. This exchange shall at all events be completed before the opening of the sessions of the court of arbitration.
Article 8.
The arbitral sentence shall specify the periods within which it is to be executed, if there is occasion for it.
Article 9.
The present convention is concluded for a period of ten years. It shall take effect one month after the exchange of ratifications. In case neither of the high contracting parties has given notice, six months before the end of said period, of its intention to terminate it, the convention shall remain binding until the expiration of one year from the day on which one or the other of the high contracting parties shall have denounced it.
Article 10.
The present convention shall be ratified within the shortest possible time, and the ratifications shall be exchanged at Brussels.
In witness thereof, the plenipotentiaries have signed the present convention and have affixed thereto their seals.
- Favereau.
- Wrangel.
signature protocol.
At the moment of proceeding to sign the convention on arbitration, concluded to-day, the the undersigned plenipotentiaries make the following declaration:
It is understood that the convention does not abrogate the provisions of Article 20 of the treaty regulating the relations of commerce and navigation between Belgium and Sweden, concluded at Brussels June 11, 1895, nor the provisions of Article 20 of the treaty regulating the relations of commerce and navigation between Belgium and Norway, concluded at Brussels the same day; it is likewise understood that the stipulations of Article 7 of the convention in no wise affect the stipulations of the convention concluded at The Hague July 29, 1899, concerning the second phase of the arbitral procedure provided for in Article 39, and especially the stipulations of Article 43 to 49.
In witness whereof the respective plenipotentiaries have drawn up the present signature protocol, which shall have the same force and value as if the provisions which it contains had been embodied in the convention itself.
- Favereau.
- Wrangel.
[Untitled]
His Majesty the King of the Belgians and His Majesty the King of Spain, desiring to settle as far as possible by means of arbitration the differences which may arise between their countries, have decided to conclude a convention for this purpose and have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- His Excellency Baron Joostens, officer of the Order of Leopold, commander of the Royal Order of Isabel the Catholic, knight of the Royal and Distinguished Order of Charles III of Spain, his envoy extraordinary and minister plenipotentiary to his Catholic Majesty; and
- His Majesty the King of Spain—
- His Excellency Ventura Garcia Sancho é Harrondo, Marquis de Aguilar de Campoo et de Torre Blanca, his minister of state, senator for life, chamberlain of His Majesty the King of Spain as a grandee of Spain, Grand Cross of the Royal and Distinguished Order of Charles III and of Isabel the Catholic, of the Legion of Honor, of the Iron Crown of Austria, of Christ of Portugal, Knight of St. John of Jerusalem, etc.,
Who, after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, the differences which may arise between them, in the cases enumerated in Article 3, in so far as they affect neither the honor, the independence, nor the sovereignty of the contracting countries, and provided it has been impossible to reach an amicable settlement by means of direct diplomatic negotiations or by any other method of conciliation.
Article 2.
It shall be the privilege of each of the high contracting parties to decide whether the difference which shall have arisen involves its honor, its independence, or its sovereignty, and whether it is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the preceding article.
Article 3.
Under the reservations indicated in Article 1, arbitration shall be obligatory between the high contracting parties:
- (1)
- In case of disputes concerning the application or interpretation of any conventions concluded or to be concluded between them, with the exception of those in which third powers have participated or to which they have adhered.
- (2)
- In case of disputes concerning pecuniary claims based on damages, when the principle of indemnity is recognized by the parties.
Article 4.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform, in all that concerns the appointment of arbitrators and the arbitral procedure, to the rules established by the convention signed at The Hague of July 29, 1899, for the pacific settlement of international controversies, except as regards the points indicated hereinbelow.
[Page 84]Article 5.
Neither of the arbitrators shall be a citizen of either of the nations signing the present convention, nor be domiciled within their territories, nor be concerned in the questions forming the subject of arbitration.
Article 6.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a period during which the exchange between the parties of the memoranda and documents relating to the subject of litigation shall take place. This exchange shall be terminated in all cases before the beginning of the sessions of the arbitral tribunal.
Article 7.
The agreement shall fix the sum which the high contracting parties shall place at once at the disposal of the Permanent Bureau of the Court of Arbitration in order to cover the expenses of procedure, in accordance with Article 57 of the convention of July 29, 1899.
Article 8.
The arbitral sentence shall specify the periods within which it is to be executed if there is occasion for it.
Article 9.
The present convention is concluded for a period of ten years. It shall take effect one month after the exchange of ratifications. In case neither of the high contracting parties shall have made known six months before the end of the said period its intention of terminating it the convention shall remain obligatory until the expiration of one year from the day on which either of the high contracting parties shall have denounced it.
Article 10.
The present convention shall be ratified within the shortest possible time and the ratifications shall be exchanged at Madrid.
In witness whereof the plenipotentiaries have signed the present convention and have affixed thereto their seals.
- Joostans.
- The Marquis de Aguilar de Campoo.
[Untitled]
His Majesty the King of the Belgians and His Majesty the King of Denmark, desiring to settle as far as possible by means of arbitration the differences which may arise between their countries, have decided to conclude for this purpose a convention and have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- Baron de Favereau, knight of the Order of Leopold, etc., senator, his minister of foreign affairs, and
- His Majesty the King of Denmark—
- Mr. Johan-Wilhelm de Grevenkop-Castenkiold, his chamberlain and chargé d’affaires at Brussels, knight of the Order of Danebrog,
Who, after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, the differences which may arise between them in the cases enumerated in article 3 in so far as they affect neither the vital interests nor the independence of the contracting countries, and provided it has been impossible to reach an amicable settlement by means of direct diplomatic negotiations or by any Other method of conciliation.
[Page 85]Article 2.
It shall be the privilege of the high contracting parties to decide whether the difference which shall have arisen involving its vital interests or its independence and whether it is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the preceding article.
Article 3.
Arbitration shall be obligatory between the high contracting parties—
- 1.
- Under the reservations indicated in Article 1 in case of dispute concerning the application or interpretation of any conventions concluded or to be concluded between them, with the exception of those in which third powers have participated or to which they have adhered.
- 2.
- In case of disputes regarding pecuniary claims when the obligation to pay is recognized in principle by the high contracting parties and when the dispute is solely concerning the amount to be paid. In these cases the signatory powers renounce the right to avail themselves of the reservations mentioned above.
Article 4.
The present convention shall be applicable even if the disputes which arise have had their origin in events prior to its conclusion.
Article 5.
It is understood that the foregoing article shall not be applicable to differences which may arise between a citizen of one of the parties and the other contracting nation when the courts are competent to decide the controversy according to the laws of that nation.
Article 6.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform in all that regards the appointment of the arbitrators and the arbitral procedure to the rules established by the convention signed at The Hague on July 29, 1899, for the pacific settlement of international controversies, except as regards the points indicated hereinbelow.
Article 7.
None of the arbitrators shall be a subject of either of the nations signing the present convention nor be domiciled within their territories nor be concerned in the questions which form the subject of arbitration.
Article 8.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a period within which the exchange shall take place between the two parties of the memoranda and documents relating to the subject of the litigation. This exchange shall be completed at all events before the commencement of the sessions of the arbitral court.
Article 9.
The agreement shall specify the sum which the high contracting parties are to place immediately at the disposal of the permanent bureau of the court of arbitration in order to cover the expenses of procedure in accordance with article 57 of the convention of July 29, 1899.
Article 10.
The arbitral sentence shall specify the periods within which it is to be executed.
Article 11.
The present convention is concluded for a period of ten years. It shall take effect one month after the exchange of ratifications. In case neither of the high contracting parties should have given notice six months before the end of said period of its intention to terminate it the convention shall remain obligatory until the expiration of a year from the date on which one of the high contracting parties shall have denounced it.
[Page 86]Article 12.
The present convention shall be ratified within the shortest possible period and the ratifications shall be exchanged at Brussels.
In witness whereof the plenipotentiaries have signed the present convention and have affixed thereto their seals.
- Favereau.
- J. W. de Grevenkop-Castenkiold.
[Untitled]
His Majesty the King of the Belgians and His Majesty the King of the Hellenes, desiring to settle as far as possible by means of arbitration the differences which may arise between their countries, have decided to conclude for this purpose a convention and have appointed as their plenipotentiaries, to wit:
- His Majesty the King of the Belgians—
- Baron de Groote, knight of the Order of Leopold, etc., his envoy extraordinary and minister plenipotentiary to His Majesty the King of the Hellenes; and
- His Majesty the King of the Hellenes—
- Mr. A. G. Skousès, commander of the Royal Order of the Saviour, etc., his minister of foreign affairs,
Who, after having communicated to each other their full powers, which were found in good and due form, have agreed on the following articles:
Article 1.
The high contracting parties agree to submit to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, the differences which may arise between them in the cases enumerated in Article 5 in so far as they affect neither the vital interests, the honor, nor the independence or sovereignty of the contracting countries, and provided it has been impossible to reach an amicable settlement by means of direct diplomatic negotiations or by any other method of conciliation.
Article 2.
It shall be the privilege of the high contracting parties to decide whether the difference which has arisen involves its vital interests, its independence, or its sovereignty, and whether it is consequently of such a nature as to be comprised among those which are excepted from obligatory arbitration according to the preceding article.
Article 3.
Under the reservations indicated in Article 1 arbitration shall be obligatory between the high contracting parties—
- 1.
- In case of disputes concerning the application or interpretation of any conventions concluded between them, with the exception of those in which third powers may have participated or to which they have adhered.
- 2.
- In case of disputes relating to pecuniary claims between the two contracting parties based on damages when the principle of indemnity is recognized by the parties.
Article 4.
The obligatory arbitration which is accepted on the matters mentioned in Article 3 shall not be claimed for acts prior to the present convention.
Article 5.
When there shall be an occasion for arbitration between them, the high contracting parties shall, in the absence of compromising clauses to the contrary, conform in all that concerns the appointment of the arbitrators and the arbitral procedure to the rules established by the convention signed at The Hague on July 29, 1899, for the pacific settlement of international controversies, except as regards the points indicated herein below.
Article 6.
None of the arbitrators shall be a citizen of either of the nations signing the present convention nor be domiciled within their territories, nor be interested in the questions which form the subject of arbitration.
[Page 87]Article 7.
The agreement provided for by Article 31 of the convention of July 29, 1899, shall fix a term during which the exchange shall take place between the two parties of the memoranda and documents relative to the subject of litigation. This exchange shall be completed at all events before the beginning of the sessions of the arbitral court.
Article 8.
The arbitral sentence shall specify the period within which it is to be executed.
Article 9.
The present convention is concluded for a period of five years. It will take effect one month after the exchange of ratifications. In case neither of the high contracting parties should have given notice six months before the end of said period of its intention to terminate it, the convention shall remain obligatory until the expiration of a year from the day on which one or the other of the high contracting parties shall have denounced it.
Article 10.
The present convention shall be ratified in the shortest possible times and the ratification, shall be exchanged at Athens.
In witness whereof the plenipotentiaries have signed the present convention and have affixed thereto their seals.
- P. de Groote.
- A. Skousès.