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Done in duplicate at the city of Washington, this twenty-fourth day of June, one thousand nine hundred and ten. [Here follow signatures.]
ARGENTINA — BRAZIL CHILE COLOMBIA COSTA
RICA CUBA-DOMINICAN REPUBLIC ECUADOR-
Convention for the arbitration of pecuniary claims.-Signed at Buenos
Aires, August 11, 1910 1
Their Excellencies the Presidents of the United States of America, Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela;
Being desirous that their respective countries may be represented at the Fourth International American Conference have sent thereto the following delegates, duly authorized to approve the recommendations, resolutions, conventions and treaties which may be advantageous to the interests of America: United States of America: Henry White, Enoch H. Crowder, Lewis
Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero,
Paul Samuel Reinsch, David Kinley. Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A.
Montes de Oca, Epifanio Portela, Carlos Rodríguez Larreta, Carlos
Salas, José A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquim Murtinho, Domicio da Gama, José L.
Almeida Nogueira, Olavo Bilac, Gastâo da Cunha, Herculano de Freitas. · English, Portuguese, Spanish, and French: United States Statutes at Large, vol. 38, p. 1799.
Replacing the treaty signed January 30, 1902, No. 164, ante, p. 313, which had been extended by that signed August 13, 1906, No. 188, ante, p. 362.
Ratifications were not to be exchanged but were to be transmitted to the Government of the Argentine Republic which was to communicate them to the other contracting powers. The records of the Department of State of the United States show that ratifications were deposited as follows: United States, May 1, 1911; Guatemala, April 27, 1912; Dominican Republic, May 18, 1912; Nicaragua, October 15, 1912; Honduras, January 30, 1913; Panama, March 13, 1913; Ecuador, April 11, 1914; Bolivia, May 15, 1914; Brazil, May 5, 1915; Costa Rica, July 12, 1916; Paraguay, June 20, 1917; Uruguay, December 18, 1919. Bolivia's action was an adhesion since that country had not been represented in the negotiation.
Republic of Chile: Miguel Cruchaga Tocornal, Emilio Bello Codecido,
Aníbal Cruz Díaz, Beltrán Mathieu. Republic of Colombia: Roberto Ancízar. Republic of Costa Rica: Alfredo Volio. Republic of Cuba: Carlos Garcia Vélez, Rafael Montoro y Valdés,
Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M.
Carbonell. Dominican Republic: Américo Lugo. Republic of Ecuador: Alejandro Cárdenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo,
Mario Estrada. Republic of Haiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Pérez
Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Pérez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio González, José P. Montero. Republic of Peru: Eugenio Larrabure y Unanue, Carlos Alvarez
Calderón, José Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejía, Francisco Martínez Suárez. Republic of Uruguay: Gonzalo Ramírez, Carlos M. de Pena, Antonio
M. Rodríguez, Juan José de Amézaga. United States of Venezuela: Manuel Díaz Rodríguez, César Zumeta.
Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following convention on pecuniary claims.
First. The high contracting parties agree to submit to arbitration all claims for pecuniary loss or damage which may be presented by their respective citizens and which can not be amicably adjusted through diplomatic channels, when said claims are of sufficient importance to warrant the expense of arbitration.
The decision shall be rendered in accordance with the principles of international law.
Second. The high contracting parties agree to submit to the decision of the Permanent Court of Arbitration of The Hague all controversies which are the subject-matter of the present treaty, unless both parties agree to constitute a special jurisdiction.
If a case is submitted to the Permanent Court of The Hague, the high contracting parties accept the provisions of the treaty relating to
the organization of that arbitral tribunal, to the procedure to be followed and to the obligation to comply with the sentence.
Third. If it shall be agreed to constitute a special jurisdiction, there shall be prescribed in the convention by which this is determined the rules according to which the tribunal shall proceed, which shall have cognizance of the questions involved in the claims referred to in Article first of the present treaty.
Fourth. The present treaty shall come into force immediately after the thirty-first of December 1912, when the treaty on pecuniary claims, signed at Mexico, on January 31, 1902, and extended by the treaty signed at Rio de Janeiro on August 13, 1906, expires.
It shall remain in force indefinitely, as well for the nations which shall then have ratified it as those which shall ratify it subsequently.
The ratifications shall be transmitted to the Government of the Argentine Republic, which shall communicate them to the other contracting parties.
Fifth. Any of the nations ratifying the present treaty may denounce it, on its own part, by giving two years' notice in writing, in advance, of its intention so to do.
This notice shall be transmitted to the Government of the Argentine Republic and through its intermediation, to the other contracting parties.
Sixth. The treaty of Mexico shall continue in force after December 31, 1912, as to any claims which may, prior to that date, have been submitted to arbitration under its provisions.
In witness whereof, the plenipotentiaries and delegates sign this convention and affix to it the Seal of the Fourth International American Conference.
Made and signed in the city of Buenos Aires, on the eleventh day of August in the year one thousand nine hundred and ten, in the Spanish, English, Portuguese and French languages, and filed in the Ministry of Foreign Affairs of the Argentine Republic, in order that certified copies may be taken to be forwarded through the appropriate diplomatic channels to each one of the signatory nations. (Here follow signatures.)
Supplementary protocol to the convention for the arbitration of the
Chamizal case.-Signed at Washington, December 5, 1910! The plenipotentiaries who negotiated and signed the convention of June 24, 1910, for the arbitration of the Chamizal case, being thereunto duly empowered by their respective governments, have agreed upon the following supplementary protocol:
Whereas it has become necessary, owing to the lapse of time, that the dates fixed by Article V of the before-mentioned convention be changed, it is hereby agreed as follows:
The date for the presentation of the respective cases and documentary evidence is fixed for February 15, 1911;
The date for the presentation of the respective counter-cases and documentary evidence is fixed for April 15, 1911;
The date for the first session of the Commission is fixed for May 15, 1911.
All other provisions of the convention of June 24, 1910, remain unchanged.
This supplementary protocol shall be ratified in accordance with the constitutional forms of the contracting parties and shall take effect from the date of the exchange of its ratifications.
The ratifications of the convention and the supplementary protocol shall be exchanged at Washington as soon as possible.
In witness whereof, the respective plenipotentiaries have signed the above supplementary protocol, both in the English and Spanish languages, and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this fifth day of December, one thousand nine hundred and ten. (Here follow signatures.]
1 English and Spanish: United States Statutes at Large, vol. 36, p. 2487. Ratifications exchanged at Washington, January 24, 1911.