By the President of the United States of America.
A PROCLAMATION.
Whereas an Arbitration Convention between the United States of America and the Republic of Costa Rica was concluded and signed by their respective Plenipotentiaries at Washington on the thirteenth day of January, one thousand nine hundred and nine, the original of which Convention, being in the English and Spanish languages, is word for word as follows:
The Government of the United States of America, signatory of The Hague Convention for the Pacific Settlement of International Disputes, concluded at The Hague on July 29, 1899, and the Government of the Republic of Costa Rica, being desirous of referring to arbitration all questions which they shall consider possible to submit to such treatment;
Taking into consideration that by Article XXVI of the said Convention the jurisdiction of the Permanent Court of Arbitration established at The Hague by that Convention may, within the conditions laid down in the regulations, be extended to disputes between signatory powers and nonsignatory powers, if the Parties are agreed on recourse to that Tribunal;
Have authorized the undersigned to conclude the following Convention:
Article I.
Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, for the pacific settlement of international disputes, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.
[Page 235]Article II.
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 to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Costa Rica shall be subject to the procedure required by the Constitution and laws thereof.
Article III.
The present Convention is concluded for a period of five years, and shall remain in force thereafter until one year’s notice of termination shall be given by either party.
Article IV.
The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Costa Rica in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications.
Done in duplicate in the English and Spanish languages at Washington, this 13th day of January, in the year one thousand nine hundred and nine.
Elihu Root [seal]
J. B. Calvo [seal]
And whereas the said Convention has been duly ratified on both parts and the ratifications of the two governments were exchanged in the City of Washington, on the twentieth day of July, one thousand nine hundred and nine;
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
By the President:
Alvey A.
Adee,
Acting Secretary of
State.