Page:United States Statutes at Large Volume 39 Part 2.djvu/450

 TREATY—CHINA—PEACE. Snmnmnnn 15, 1914. 1643 In case the two Governments shouldi be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the propiiilons of article 45 of The Hague Convention of 1907 shall be v°"3°·P‘2223· aPP I - · The Commission shall be organized within six months from the ex- °*¤¤¤*=¤ti<>¤· change of ratifications of the present convention. The members shall be appointed for one year and their appoint- -*PP°*¤*¤¤°¤*- ment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed. ., _ Any vacancies which may arise (from death, resignation, or cases l°°°°°'°S‘ of physical or moral incapacity) shall be filled within the shortest ` possible period in the manner followed for the original appointment. The High Contracting Parties shall, before designating the com- E‘p°“·‘°S· missioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the Commission. ARTICLE III. In case a dispute should arise between the High Contracting Parties Si,]?Qm°’ °‘ °°‘““°°` which is not settled by the ordinary methods, each Party shall have a right to ask that the investigation thereof be intrusted to the International Commission charged with making a report. Notice shall be given to the President of the International Commission, who shall at once communicate with his colleagues. In the same case the President may, after consulting his colleagues and upon receiving the consent of a majority of the members of the Commission, offer the services of the latter to each of the Contracting Parties. Acceptance of that offer declared by one of the two Governments shall be sufficient to give jurisdiction of the case to the Commission in accordance with the foregoing paragraph. The place of meeting shall be determined by the Commission itself. Anrrcu: IV. The two High Contracting Parties shall have a right, each on its ,,,§{‘L,"§‘§§,§§T§,‘,jf,i“*’l"°" own part, to state to the President of the Commission what is the subject matter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the Commission. In case the cause of the dispute should consist of certain acts P'°“"’°“‘“°°"°“· already committed or about to be committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report. Airrrcnic V. As regards the procedure which it is to follow, the Commission P¤><>¤d¤=¢· shall as far as ossible be guided by the provisions contained in 22;} 3*% va 2214- urticles 9 to 36 ofp Convention 1_of The Hague of 1907. _ _ _ _ The High Contracting Parties agree to afiord the Commission all g,{’}‘§,‘§}‘t‘°“*°"“V°S°* means and all necessary facilities for its investigation and report. The work of the Commission shall be completed within one year C°mPl°*i°¤ <>f‘“¤k- from the date on which it has taken jurisdiction of the case, unless the High Contracting Parties should agree to set a different period. · The conclusion of the Commission and the terms of its report shall p0'ft¤*¤5¤*l**¤l 0* fs be adopted by a majority. The report, signed only by the President `