4. Compulsory jurisdiction of the Permanent Court of
International Justice

5. Strengthening of pacific methods of procedure..
6. Rôle of the Assembly under the system set up by the
Protocol

PAGE

424

426

432

9. Disputes between states signatory and states non-
signatory of the protocol

439

2. Work of the Third Committee, report by M. Bénes
Security and Reduction of Armaments

PREFACE

For the convenience of readers, the material relating to the Protocol is presented in two pamphlets: Part I, No. 7; Part II, No. 8 of Vol. VII.

Part I contains the official text of the Protocol, the reports submitted to the Assembly by M. Politis, chairman of the First Committee, and M. Bénes, chairman of the Third Committee; the Resolutions adopted by the Assembly; and a brief introductory analysis by Professor Hudson.

Part II is a documentary appendix containing the Hague Convention for Pacific Settlement of International Disputes, 1907; the draft Treaty of Mutual Assistance; the proposals presented unofficially by the American Committee; and the draft protocol submitted by M. Bénes, chairman of the Mixed Committee.

CONVENTION FOR THE PACIFIC SETTLEMENT OF

INTERNATIONAL DISPUTES

Signed at the Hague, October 18, 1907.

His Majesty the German Emperor, King of Prussia, etc.:

Animated by the sincere desire to work for the maintenance of general

peace;

Resolved to promote by all the efforts in their power the friendly settlement of international disputes;

Recognizing the solidarity uniting the members of the society of civilized nations;

Desirous of extending the empire of law and of strengthening the appreciation of international justice;

Convinced that the permanent institution of a Tribunal of Arbitration accessible to all, in the midst of independent powers, will contribute effectively to this result;

Having regard to the advantages attending the general and regular organization of the procedure of arbitration;

Sharing the opinion of the august initiator of the International Peace Conference that it is expedient to record in an international agreement the principles of equity and right on which are based the security of states and the welfare of peoples;

Being desirous, with this object, of ensuring the better working in practice of commissions of inquiry and tribunals of arbitration, and of facilitating recourse to arbitration in cases which allow of a summary procedure;

Have deemed it necessary to revise in certain particulars and to complete the work of the First Peace Conference for the pacific settlement of international disputes;

The high contracting parties have resolved to conclude a new convention for this purpose, and have appointed the following as their plenipotentiaries:

[Names of plenipotentiaries]

Who, after having deposited their full powers, found in good and due form, have agreed upon the following:

PART I. THE MAINTENANCE OF GENERAL PEACE

ARTICLE 1

With a view to obviating as far as possible recourse to force in the relations between states, the contracting powers agree to use their best efforts to ensure the pacific settlement of international differences.

PART II.-GOOD OFFICES AND MEDIATION

ARTICLE 2

In case of serious disagreement or dispute, before an appeal to arms, the contracting powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers.

ARTICLE 3

Independently of this recourse, the contracting powers deem it expedient and desirable that one or more powers, strangers to the dispute, should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the states at variance.

Powers strangers to the dispute, have the right to offer good offices or mediation even during the course of hostilities.

The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly act.

ARTICLE 4

The part of the mediator consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the states at variance.

ARTICLE 5

The functions of the mediator are at an end when once it is declared, either by one of the parties to the dispute or by the mediator himself, that the means of reconciliation proposed by him are not accepted.

ARTICLE 6

Good offices and mediation undertaken either at the request of the parties in dispute or on the initiative of powers strangers to the dispute have exclusively the character of advice, and never have binding force.