Imágenes de páginas
PDF
EPUB

21. Either party may make use in its pleadings of any of the "American State Papers," "Foreign Relations of the United States," British "State Papers," British "Blue Books," and British Colonial "Parliamentary Papers," and of any treaties, conventions, statutes, and reports of judicial decisions, which have been published officially either in the United States or in the British Empire, without filing copies thereof, provided that the party making use of the same shall, if required to do so by the Agent of the other party, supply one copy of such publication or document for the use of the Tribunal and one copy for each Agent. Where either party desires to make use in its pleadings of any voluminous reports or documents, not contained in any of the publications above named, such reports or documents need not be printed as part of the pleadings, but seven copies thereof shall accompany and be delivered with the pleadings. Of these seven copies, two shall be filed in the Office of the Tribunal, one shall be sent by the Secretaries to each member of the Tribunal, and two to the Agent of the other party. This rule shall not be held to preclude the party from printing in or with his written pleading extracts from such report or document.

CHAPTER III. FILING OF PLEADINGS

22. Pleadings and further evidence, if any, shall be printed by the parties on paper of the size of 93 inches by 53 inches, when folded. 23. Twenty-eight copies of all pleadings, and of further evidence under Rule 19, if any, shall be delivered at the Office of the Tribunal.

24. Of these copies, two shall be filed in the Office of the Tribunal and twenty shall be forwarded forthwith to the Agent of the other party, with a note specifying the date on which the document was filed, and two shall be at the disposal of each member of the Tribunal.

CHAPTER IV. - EVIDENCE

25. The originals of all documents and other proofs brought forward in support of or in answer to a claim shall, so far as possible, be filed in the Office of the Tribunal, in order that they may be open to the inspection of the members of the Tribunal and of the other party.

26. Where the originals are not in existence, or can not be traced, copies authenticated in the best available manner shall be filed instead of the originals.

27. Where the original of any such document or other proof is filed at any Government office on either side and can not conveniently be withdrawn, it shall be open to the inspection of the Agent of either party, respectively, or of any person designated by him for the purpose.

28. It shall not be necessary to file copies of any legislative act or judicial decision which has been published officially and of which copies can be obtained by the public.

29. Notice to inspect the original of any document referred to in Rule 27 shall be given to the Agent of the other party and a copy thereof filed in the Office of the Tribunal.

30. The right to inspect shall extend to the whole of any document of which part only is brought forward in support of or in answer to a claim, but shall not extend to any enclosures therein, or annexes thereto, or minutes, or endorsements thereon, if such enclosures, annexes, minutes, or endorsements are not adduced as evidence or referred to in the pleadings.

CHAPTER V. - INTERLOCUTORY APPLICATIONS

31. An application to the Tribunal for an order under Rules 20 and 36, or upon any other matter of procedure within its jurisdiction, shall be made in writing.

32. Notice of the application shall be given by the Secretaries of the Tribunal to the Agent of the other party, and the day upon which the application will be heard shall be notified to the Agents of both parties, and one Counsel shall be heard by the Tribunal thereon on either side. 33. Orders of the Tribunal, if any, made in such applications shall be entered in the Minute Book and copies thereof shall be communicated to the Agents.

[merged small][ocr errors]

34. The order in which claims shall come on for hearing before the Tribunal shall be arranged between the Agents.

35. At the hearing of a claim, Counsel shall be heard on either side. Counsel for the claimant Government shall open the case and shall have the right to reply.

36. There shall be no oral evidence at the hearing of a claim, except by agreement between the Agents or by order of the Tribunal. If oral

evidence be given at the hearing on behalf of one party, Counsel for the other party shall have a right to cross-examine the witness.

37. Where, under the terms of submission or by agreement between the Agents, any question is to be dealt with at the hearing and decided as a preliminary question, the arguments of Counsel at the hearing shall be addressed to that question; but they shall be entitled to enter into the facts of the case as far as they may deem necessary.

38. If the decision of the Tribunal upon such preliminary question do not dispose of the claim, a second hearing shall take place for its further argument.

[blocks in formation]

39. The award of the Tribunal in respect of each claim shall be delivered at a public session of the Tribunal as soon after the hearing of such claim has been concluded as may be possible.

40. The award shall set out fully the grounds on which it is based and shall be signed by the President of the Tribunal.

41. Any member of the Tribunal who dissents from the award shall make and sign a dissenting report setting out the grounds upon which he dissents and the award which in his opinion should have been made.

42. Two signed copies of the award and of a dissenting report, if any, shall be filed in the Office of the Tribunal, and twenty printed copies shall be given to each of the Agents.

CHAPTER VIII. SESSIONS OF THE TRIBUNAL

43. The sessions of the Tribunal for the purpose of hearing the arguments of Counsel or for the delivery of awards shall be open to the public.

(Signed) S. MALLET-PREVOST,

Agent of the United States.

(Signed) C. J. B. HURST,

Agent of Great Britain.

July 11, 1912.

CONVENTION BETWEEN URUGUAY AND THE ARGENTINE REPUBLIC CON1 CERNING COASTWISE TRADE

Signed at Montevideo, July 29, 1912

His Excellency the President of the Oriental Republic of Uruguay and His Excellency the President of the Argentine Nation, being equally animated by the desire to facilitate the coastwise trade to the vessels. under their respective flags, have determined and resolved to conclude a convention, and for that purpose have appointed as their plenipotentiaries, that is to say;

His Excellency the President of the Oriental Republic of the Uruguay: Señor Doctor Don José Romeu, Minister Secretary of State in the Department of Foreign Affairs;

His Excellency the President of the Argentine Nation: Señor Don Enrique B. Moreno, Envoy Extraordinary and Minister Plenipotentiary to the Government of the Oriental Republic of Uruguay;

Who, after having communicated to each other their respective full powers which were found in good and due form, have agreed upon the following:

ARTICLE 1

The high contracting parties grant to the vessels engaged in the coastwise trade along the Rio de la Plata and its affluents, subject to the particular laws and regulations that may govern that commerce in both nations, the same facilities and privileges of customs, ports, lighthouses, wharves and imposts which may by such laws be granted to vessels under their respective flags.

ARTICLE 2

In order to enjoy the facilities and privileges provided for in the preceding article, the vessels of each of the contracting nations shall be subject, while in the ports, waterways, and customs districts of the other, to the same laws, regulations, requisites, and formalities to which the vessels of the other may be subject.

1 Translated from Diario Oficial (Uruguay), September 14, 1912, p. 620.

ARTICLE 3

The formalities which shall be necessary for the recognition of the vessels which are to enjoy the reciprocity, and the rules for the uniformity of documents and customs procedure in the coastwise trade between both countries, shall be agreed upon by such authorities as the governments of the two nations shall designate immediately after the exchange of the ratifications of this convention shall take place.

ARTICLE 4

This convention shall remain in force for six months after one of the contracting parties shall communicate to the other its desire to have it rescinded or reformed.

In faith whereof the respective plenipotentiaries have signed this agreement in duplicate and have hereunto affixed their seals.

Done at Montevideo, on the 29th day of July, one thousand nine hundred and twelve.

JOSÉ ROMEU
(Seal)
ENRIQUE B. MORENO (Seal)

ARBITRATION CONVENTION BETWEEN THE REPUBLIC OF CUBA AND THE

UNITED STATES OF BRAZIL

1

Signed at Washington, June 10, 1909; ratifications exchanged August 2, 1911

The President of the Republic of Cuba and the President of the United States of Brazil, desirous to conclude an arbitral convention in accordance with the principles enunciated in Articles XV to XIX and in Article XXI of the Convention for the Peaceful Settlement of International Disputes, signed at The Hague on the 29th day of July, 1899, and in Articles XXXVII to XL and in Article XLII of the convention signed in the same city of The Hague on the 18th day of October, 1907, have for this purpose appointed their plenipotentiaries, to wit:

1 Gaceta Oficial (Cuba), 1911, No. 38.

« AnteriorContinuar »