International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 5. The contracting Powers of the Hague Convention for the peaceful
settlement of international differences deem it expedient and desirable
that, if the ordinary diplomatic negotiation has failed to settle such
differences as do not involve either honour or vital interests, the
parties should, so far as circumstances allow, institute an
International Commission of Inquiry[7] for the purpose of elucidating
the facts underlying the difference by an impartial and conscientious
investigation. The Convention of 1899 had only six articles (9-14) on
the subject. The Second Conference of 1907, profiting by the experience
gained by the Commission of Inquiry in the Dogger Bank[8] case, the
first and as yet only occasion on which a Commission of Inquiry was
instituted, remodelled the institution, and Convention I. treats of the
subject in twenty-eight articles (9-36). The more important stipulations
are the following:--
(1) The Commissions are to be constituted by a special treaty of the
parties, which is to determine the facts to be examined, the manner and
period within which the Commission is to be formed, the extent of the
powers of the Commissioners, the place where the Commission is to meet
and whether it may remove to another place, the languages to be used by
the Commission and parties, and the like (articles 9-10). If the treaty
does not determine the place where the Commission is to sit, it shall
sit at the Hague; if the treaty does not specify the languages to be
used, the question shall be decided by the Commission; and if the treaty
does not stipulate the manner in which the Commission is to be formed,
it shall be formed in the manner determined by articles 45 and 57 of
Convention I. (articles 11-12). The parties may appoint Assessors,
Agents, and Counsel (articles 10, 13, 14).
(2) The International Bureau of the Permanent Court of Arbitration acts
as Registry for the Commissions which sit at the Hague; but if they sit
elsewhere, a Secretary-General is to be appointed whose office serves as
Registry (articles 15-16).
(3) The parties may agree upon the rules of procedure to be followed by
the Commission, but if they do not provide such rules themselves, the
rules of procedure, comprised in articles 19-32 are applicable (article
17), and, in any case, the Commission is to settle such details of the
procedure as are either not covered by the treaty of the parties or by
articles 19-32, and is to arrange all the formalities required for
dealing with the evidence (article 18).
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