Just before the adjournment of the Rigsdag this treaty was ratified, and
I venture to inclose herewith a translation.
The noticeable feature of the convention is found in article 1, by which
all differences which they are themselves not able to adjust shall be
submitted to the permanent court of arbitration at The Hague.
convention between denmark and
italy.
[Translation.]
His Majesty the King of Denmark and His Majesty the King of Italy,
being inspired by the principles underlying the convention for the
pacific regulation
[Page 529]
of
international disputes, concluded at The Hague on the 29th of July,
1899, and being especially desirous of consecrating the principle of
obligatory arbitration in their reciprocal relations by a general
arrangement of the nature specified by article 19 of the said
convention, have decided to conclude a convention to that effect,
and have named as their plenipotentiaries, to wit:
- His Majesty the King of Denmark: Count Charles Moltke,
Knight of the Order of the Dannebrog, his Chargé d’affaires
near the Royal Italian Government,
- His Majesty the King of Italy: H. E. M. Tommaso Tittoni,
etc., his minister secretary of state for foreign
affairs;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed as follows:
Article 1.
The high contracting parties agree to submit to the permanent court
of arbitration, established at The Hague by the convention of July
29, 1899, all differences of whatsoever nature which may arise
between them and which could not have been settled by diplomatic
channels, and even in the case those differences have their origin
on deeds previous to the conclusion of the present convention.
Article 2.
In each individual case the high contracting parties, before
appealing to the permanent court of arbitration, shall conclude a
special agreement defining clearly the matter in dispute, the scope
of the powers of the arbitrators, and the periods fixed for the
formation of the arbitral tribunal and the several stages of
procedure.
In the absence of special arrangement, the arbitrators will decide on
the base of the pretentions formulated by the two parties.
In the absence of contrary agreement, the arbitration procedure will
be regulated by the dispositions established by the convention
signed at The Hague on July 29, 1899, for the pacific regulation of
international disputes, with the addition of the supplementary rules
indicated in the following article.
Article 3.
No arbitrator may be a subject of the states signatories of this
convention, nor have a domicile in their territories, nor be
interested in the questions which shall be the object of the
arbitration.
The agreement foreseen by the previous article will fix a period
before the expiration of which the exchange between the two parties
of statements and documents having reference to the object of the
litigation must have taken place.
The decision of the arbitration will contain the indication of the
period within which it must be executed.
Article 4.
It is understood that unless the controversy refers to the
application of a convention between the two states or in case of a
denial of justice, article 1 will not be applicable to differences
which might arise between a subject of one of the parties and the
other signatory state in the case when the courts of justice would
have, after the laws of that state, the competence to decide the
litigation.
Article 5.
If one of the high contracting parties should denounce the present
convention, this denunciation could only take effect one year after
the notification, made in writing to the other contracting
party.
Article 6.
The present convention will be ratified with the least possible delay
and the ratifications will be exchanged at Rome.
In the hope of which, the plenipotentiaries have signed the present
convention and have affixed thereto their seals.
Rome, December 16,
1905.
C. Moltke
. [
l. s.]
Tittoni
. [
l.
s.]
