In the absence of an agreement as to which language shall be employed, each party may, in the pleadings, use the language which it prefers; the decision of the Court will be given in French and English. In this case the Court will at the same time determine which of the two texts shall be considered as authoritative.

The Court may, at the request of the parties, authorize a language other than French or English to be used.

ART. 40. Cases are brought before the Court, as the case may be, either by the notification of the special agreement or by a written application addressed to the Registrar. In either case the subject of the dispute and the contesting parties must be indicated.

The Registrar shall forthwith communicate the application to all concerned. He shall also notify the Members of the League of Nations through the SecretaryGeneral.

ART. 41. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to reserve the respective rights of either party.

Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and the Council.

ART. 42. The parties shall be represented by Agents.

They may have the assistance of Counsel or Advocates before the Court. ART. 43. The procedure shall consist of two parts: written and oral.

The written proceedings shall consist of the communication to the judges and to the parties of cases, counter-cases and, if necessary, replies; also all papers and documents in support.

These communications shall be made through the Registrar, in the order and within the time fixed by the Court.

A certified copy of every document produced by one party shall be communicated to the other party.

The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel and advocates.

ART. 44. For the service of all notices upon persons other than the agents, counsel and advocates, the Court shall apply direct to the Government of the State upon whose territory the notice has to be served.

The same provision shall apply whenever steps are to be taken to procure evidence on the spot.

ART. 45. The hearing shall be under the control of the President or, in his absence, of the Vice-President; if both are absent, the senior judge shall preside. ART. 46. The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted.

ART. 47. Minutes shall be made at each hearing, and signed by the Registrar and the President.

These minutes shall be the only authentic record.

ART. 48. The Court shall make orders for the conduct of the case, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

ART. 49. The Court may, even before the hearing begins, call upon the agents to produce any document or to supply any explanations. Formal note shall be taken of any refusal.

ART. 50. The Court may, at any time, intrust any individual, body, bureau, commission or other organization that it may select, with the task of carrying out an inquiry or giving an expert opinion.

ART. 51. During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30.

ART. 52. After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to accept any further oral or written evidence that one party may desire to present unless the other side consents.

ART. 53. Whenever one of the parties shall not appear before the Court, or shall fail to defend his case, the other party may call upon the Court to decide in favor of his claim.

The Court must, before doing so, satisfy itself, not only that it has jurisdiction in accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.

ART. 54. When, subject to the control of the Court, the agents, advocates and counsel have completed their presentation of the case, the President shall declare the hearing closed.

The Court shall withdraw to consider the judgment.

The deliberations of the Court shall take place in private and remain secret. ART. 55. All questions shall be decided by a majority of the judges present at the hearing.

In the event of an equality of votes, the President or his deputy shall have a casting vote.

ART. 56. The judgment shall state the reasons on which it is based.

It shall contain the names of the judges who have taken part in the decision. ART. 57. If the judgment does not represent in whole or in part the unanimous opinion of the judges, dissenting judges are entitled to deliver a separate opinion. ART. 58. The judgment shall be signed by the President and by the Registrar. It shall be read in open Court, due notice having been given to the agents.

ART. 59. The decision of the Court has no binding force except between the parties and in respect of that particular case.

ART. 60. The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.

ART. 61. An application for revision of a judgment can be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

The proceedings for revision will be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

The application for revision must be made at latest within six months of the discovery of the new fact.

No application for revision may be made after the lapse of ten years from the date of the sentence.

ART. 62. Should a State consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene as a third party.

It will be for the Court to decide upon this request.

ART. 63. Whenever the construction of a convention to which States other than those concerned in the case are parties is in question, the Registrar shall notify all such States forthwith.

Every State so notified has the right to intervene in the proceedings; but if it uses this right, the construction given by the judgment will be equally binding upon it.

ART. 64. Unless otherwise decided by the Court, each party shall bear its own costs.

APPENDIX III

THE SPECIAL COMMISSION OF JURISTS ON

THE INTERPRETATION OF THE COVENANT OF THE LEAGUE OF NATIONS

The Special Commission of Jurists appointed by the Council of the League of Nations to examine certain questions concerning the interpretation of the Covenant and other points of international law, submitted to the Council in September, 1923, on the occasion of the Italo-Greek dispute, met in Geneva on January 18, 1924. This Commission consisted of the following jurists nominated by nine States represented on the Council, and the Director of the Legal Section of the League Secretariat: M. Adatci (Japan), Chairman; Lord Buckmaster (British Empire); M. Buero (Uruguay); M. de Castello Branco Clark (Brazil); M. Fromageot (France); Mr. van Hamel (Director of the Legal Section); M. Rolandi Ricci (Italy); M. Unden (Sweden); M. de Villa Urrutia (Spain); and M. de Visscher (Belgium).

The Commission finished its work on January 24, after coming to an agreement on the replies to the five questions asked by the Council. The Council, at its meeting on March 13, unanimously adopted1 the replies which the Special Commission had agreed upon.

The text of the questions and the replies thereto are as follows:

Question 1. Is the Council, when seized at the instance of a Member of the League of Nations of a dispute submitted, in accordance with the terms of Art. 15 of the Covenant, by such a Member as "likely to lead to a rupture" bound, either at the request of the other party or on its own authority, and before entering into any point, to decide whether in fact such description is well founded? Reply. The Council when seized at the instance of a member of the League of a dispute submitted, in accordance with the terms of Art. 15 of the Covenant, by such a member as "likely to lead to a rupture," is not bound, either at the request of the other party, or on its own authority, and before inquiring into any point, to decide whether, in fact, such description is well founded. The Council may at all times estimate the gravity of the dispute and determine the course of its action accordingly.

Question 2. Is the Council, when seized of a dispute in accordance with Art. 15,

par. 1 of the Covenant, at the instance of a Member of the League of Nations bound, either at the request of a party, or on its own authority, to suspend its enquiry into the dispute, when, with the consent of the parties, the settlement of the dispute is being sought through some other channel? Reply. Where, contrary to the terms of Art. 15, par. 1, the dispute is submitted to the Council on the application of one of the parties, where such a dispute 'Signor Salandra declared that he was making no reservation, and that the Italian Government hoped that the approval, by Italy, of the report of the Commission of Jurists will be considered as "the proof of her loyal adhesion to the essential principles of the Covenant and her desire that the League of Nations may develop more and more its beneficent work in the maintenance of the best relations among civilized peoples and the assurance of the peace of the world."

already forms the subject of arbitration or of judicial proceedings, the Council must refuse to consider the application. If the matter in dispute, by an agreement between the parties, has already been submitted to other jurisdiction before which it is being regularly proceeded with, or is being dealt with in the said manner in another channel, it is in conformity with the general principles of law that it should be possible for a reference back to such jurisdiction to be asked for and ordered.

Question 3. Is an objection founded on Art. 15, par. 8 of the Covenant the only objection based on the merits of the dispute on which the competence of the Council to make an enquiry can be challenged?

Reply. Where a dispute likely to lead to a rupture is submitted to the Council, on the application of one of the parties, in accordance with the provisions of Art. 15, par. 1, the case contemplated in par. 8 of Art. 15 is the only case in which the Council is not to inquire into the dispute. In particular the reservation commonly inserted in most arbitration treaties cannot be pleaded as a part of the proceedings. The Commission considers it desirable to observe that, where the case arises, the Council should, in determining the course of its action, have regard to international engagements such as treaties, arbitration, or regional understanding, for securing maintenance of peace. Question 4. Are measures of coercion which are not meant to constitute acts of war consistent with the terms of Arts. 12 to 15 of the Covenant when they are taken by one Member of the League of Nations against another Member of the League without prior recourse to the procedure laid down in those articles?

Reply. Coercive measures which are not intended to constitute acts of war may or may not be consistent with the provisions of Arts. 12 to 15 of the Covenant, and it is for the Council, when the dispute has been submitted to it, to decide immediately, having due regard to all the circumstances of the case and to the nature of the measures adopted, whether it should recommend the maintenance or the withdrawal of such measures.

Question 5. In what circumstances and to what extent is the responsibility of a State involved by the commission of a political crime in its territory? Reply. The responsibility of a State is only involved by the commission in its territory of a political crime against the persons of foreigners if the State has neglected to take all reasonable measures for the prevention of the crime and the pursuit, arrest, and bringing to justice of the criminals. The recognized public character of the foreigner, and the circumstances in which he is present in its territory, entail upon the State a corresponding duty of special vigilance on his behalf.