No. 51
Convention on Relations Between the Three Powers and the Federal Republic of Germany1

The United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic, of the one part, and the Federal Republic of Germany, of the other part:

Whereas a peaceful and prosperous European Community of nations firmly bound to the other free nations of the world through dedication to the principles of the Charter of the United Nations can be attained only through united support and defence of the common freedom and the common heritage;

Whereas it is the common aim of the Signatory States to integrate the Federal Republic on a basis of equality within the European Community itself included in a developing Atlantic Community;

Whereas the achievement of a fully free and unified Germany through peaceful means and of a freely negotiated peace settlement, though prevented for the present by measures beyond their control, remains a fundamental and common goal of the Signatory States;

[Page 113]

Whereas the retention of the Occupation Statute2 with its powers of intervention in the domestic affairs of the Federal Republic is inconsistent with the purpose of integrating the Federal Republic within the European Community;

Whereas the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic (hereinafter referred to as “the Three Powers”) are therefore determined to retain only those special rights of which the retention is necessary, in the common interest of the Signatory States, having regard to the special international situation in Germany;

Whereas the Federal Republic has developed free and responsible political institutions and is determined to maintain the liberal-democratic federal constitution which guarantees human rights and is enshrined in its Basic Law;

Whereas the Three Powers and the Federal Republic recognize that both the new relationship to be established between them by the present Convention and its related Conventions and the Treaties for the creation of an integrated European Community, in particular the Treaty on the Establishment of the European Community for Coal and Steel and the Treaty on the Establishment of the European Defence Community, are essential steps to the achievement of their common aim for a unified Germany integrated within the European Community;

Have entered into the following Convention setting forth the basis for their new relationship:

Article 1

1.
The Federal Republic shall have full authority over its internal and external affairs, except as provided in the present Convention.
2.
The Three Powers will revoke the Occupation Statute and abolish the Allied High Commission and the Offices of the Land Commissioners upon the entry into force of the present Convention and the Conventions listed in Article 8 (hereinafter referred to as “the related Conventions”).
3.
The Three Powers will thenceforth conduct their relations with the Federal Republic through Ambassadors who will act jointly in matters the Three Powers consider of common concern under the present Convention and the related Conventions.
[Page 114]

Article 2

1.
The Three Powers retain, in view of the international situation, the rights, heretofore exercised or held by them, relating to (a) the stationing of armed forces in Germany and the protection of their security, (b) Berlin, and (c) Germany as a whole, including the unification of Germany and a peace settlement.
2.
The Federal Republic, on its part, will refrain from any action prejudicial to these rights and will cooperate with the Three Powers to facilitate their exercise.

Article 3

1.
The Federal Republic agrees to conduct its policy in accordance with the principles set forth in the Charter of the United Nations and with the aims defined in the Statute of the Council of Europe.
2.
The Federal Republic affirms its intention to associate itself fully with the community of free nations through membership in international organizations contributing to the common aims of the free world. The Three Powers will support applications for such membership by the Federal Republic at appropriate times.
3.
In their negotiations with States with which the Federal Republic maintains no relations, the Three Powers will consult with the Federal Republic in respect of matters directly involving its political interests.
4.
At the request of the Federal Government, the Three Powers will arrange to represent the interests of the Federal Republic in relations with other States and in certain international organizations or conferences, whenever the Federal Republic is not in a position to do so itself.

Article 4

1.
The mission of the armed forces stationed by the Three Powers in the Federal territory will be the defence of the free world, of which the Federal Republic and Berlin form part.
2.
The Three Powers will consult with the Federal Republic, insofar as the military situation permits, regarding the stationing of such armed forces in the Federal territory. The Federal Republic will cooperate fully, in accordance with the present Convention and the related Conventions, in facilitating the tasks of such armed forces.
3.
The Three Powers will obtain the consent of the Federal Republic before bringing into the Federal territory, as part of their forces, contingents of the armed forces of any nation not now providing such contingents. Such contingents may nevertheless be [Page 115]brought into the Federal territory without the consent of the Federal Republic in the event of external attack or imminent threat of such attack but, after the elimination of the danger, may only remain there with its consent.
4.
The Federal Republic will participate in the European Defence Community in order to contribute to the common defence of the free world.

Article 5

1. In the exercise of their right to protect the security of the armed forces stationed in the Federal territory, the Three Powers will conform to the provisions of the following paragraphs of this Article.

2. In case the Federal Republic and the European Defence Community are unable to deal with a situation which is created by

an attack on the Federal Republic or Berlin,

subversion of the liberal democratic basic order,

a serious disturbance of public order or

a grave threat of any of these events,

and which in the opinion of the Three Powers endangers the security of their forces, the Three Powers may, after consultation to the fullest extent possible with the Federal Government, proclaim a state of emergency in the whole or any part of the Federal Republic.

3. Upon the proclamation of a state of emergency, the Three Powers may take such measures as are necessary to maintain or restore order and to ensure the security of the Forces.

4. The proclamation will specify the area to which it applies. The state of emergency will not be maintained any longer than necessary to deal with the emergency.

5. The Three Powers shall consult the Federal Government to the fullest extent possible while the state of emergency continues. They will utilize to the greatest possible extent the assistance of the Federal Government and the competent German authorities.

6. If the Three Powers do not terminate a state of emergency within thirty days after a request by the Federal Government to do so, the Federal Government may submit a request to the Council of the North Atlantic Treaty Organization to examine the situation and consider whether the state of emergency should be terminated. If the Council concludes that continuance of the state of emergency is no longer justified, the Three Powers will restore the normal situation as promptly as possible.

7. Independently of a state of emergency, any military commander may, if his forces are imminently menaced, take such immediate [Page 116]action appropriate for their protection (including the use of armed force) as is requisite to remove the danger.

8. In all other respects, the protection of the security of these forces is governed by the provisions of the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany referred to in Article 8 of the present Convention.

Article 6

1.
The Three Powers will consult with the Federal Republic in regard to the exercise of their rights relating to Berlin.
2.
The Federal Republic, on its part, will cooperate with the Three Powers in order to facilitate the discharge of their responsibilities with regard to Berlin. The Federal Republic will continue its aid to the political, cultural, economic and financial reconstruction of Berlin and, in particular, will grant it such aid as is set out in the annexed Declaration of the Federal Republic (Annex A to the present Convention).

Article 7

1.
The Three Powers and the Federal Republic are agreed that an essential aim of their common policy is a peace settlement of the whole of Germany, freely negotiated between Germany and her former enemies, which should lay the foundation for a lasting peace. They further agree that the final termination of the boundaries of Germany must await such a settlement.
2.
Pending the peace settlement, the Three Powers and the Federal Republic will cooperate to achieve, by peaceful means, their common aim of a unified Germany enjoying a liberal-democratic constitution, like that of the Federal Republic, and integrated within the European Community.
3.
In the event of the unification of Germany the Three Powers will, subject to such adjustments as may be agreed, extend to a unified Germany the rights which the Federal Republic has under the present Convention and the related Conventions and will for their part agree that the rights under the Treaties for the formation of an integrated European community should be similarly extended, upon the assumption by such a unified Germany of the obligations of the Federal Republic toward the Three Powers or to any of them under those Conventions and Treaties. Except by common consent of all the Signatory States the Federal Republic will not conclude any agreement or enter into any arrangement which would impair the rights of the Three Powers under those Conventions and Treaties or lessen the obligations of the Federal Republic thereunder.
4.
The Three Powers will consult with the Federal Republic on all other matters involving the exercise of their rights relating to Germany as a whole.

Article 8

1.
The Three Powers and the Federal Republic have concluded the following related Conventions which will enter into force simultaneously with the present Convention:

Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany;3

Finance Convention;4

Convention on the Settlement of Matters Arising out of the War and the Occupation.5

2.
During the transitional period provided for in paragraph 4 of Article 6 of Chapter One of the Convention on the Settlement of Matters Arising out of the War and the Occupation, the rights of the Three Powers referred to in that paragraph shall be deemed to be included within the exception set forth in paragraph 1 of Article 1 of the present Convention.

Article 9

1.
There is hereby established an Arbitration Tribunal which shall function in accordance with the provisions of the annexed Charter (Annex B to the present Convention).
2.
The Arbitration Tribunal shall have exclusive jurisdiction over all disputes arising between the Three Powers and the Federal Republic under the provisions of the present Convention or the annexed Charter or any of the related Conventions which the parties are not able to settle by negotiation, except as otherwise provided by paragraph 3 of this Article or in the annexed Charter or in the related Conventions.
3.
Any dispute involving the rights of the Three Powers referred to in Article 2, or action taken thereunder, or involving the provisions of paragraphs 1 to 7 inclusive of Article 5, shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court.
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Article 10

The Three Powers and the Federal Republic will review the terms of the present Convention and the related Conventions

(a)
upon the request of any one of them, in the event of the unification of Germany or the creation of a European federation; or
(b)
upon the occurrence of any other event which all of the Signatory States recognize to be of a similarly fundamental character.

Thereupon, they will, by mutual agreement, modify the present Convention and related Conventions to the extent made necessary or advisable by the fundamental change in the situation.

Article 11

1.
The present Convention and the related Conventions shall be ratified or approved by the Signatory States in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited by the Signatory States with the Government of the Federal Republic of Germany.
2.
The present Convention shall enter into force immediately upon
(a)
the deposit by all the Signatory States of instruments of ratification of the present Convention and of all the Conventions listed in Article 8; and
(b)
the entry into force of the Treaty on the Establishment of the European Defence Community.
3.
The present Convention and the related Conventions shall be deposited in the Archives of the Government of the Federal Republic of Germany, which will furnish each Signatory State with certified copies thereof and notify each such State of the date of the entry into force of present Convention and the related Conventions.

In faith whereof the undersigned representatives duly authorized thereto by their respective Governments have signed the present Convention.

Done at Bonn this twenty-sixth day of May 1952 in three texts, in the English, French and German languages, all being equally authentic.

For the United States of America:
Dean Acheson

For the French Republic:
Robert Schuman

For the United Kingdom of Great Britain and Northern Ireland:
Anthony Eden

For the Federal Republic of Germany:
Adenauer
[Page 119]

Annex A

Declaration of the Federal Republic on Aid to Berlin

(Agreed Translation)

In view of the special role which Berlin has played and is destined to play in the future for the self-preservation of the free world, aware of the ties connecting the Federal Republic with Berlin, and motivated by the desire to strengthen and to reinforce the position of Berlin in all fields, and in particular to bring about insofar as possible an improvement in the economy and the financial situation in Berlin including its productive capacity and level of employment, the Federal Republic undertakes

(a)
to take all necessary measures on its part in order to ensure the maintenance of a balanced budget in Berlin through appropriate assistance;
(b)
to take adequate measures for the equitable treatment of Berlin in the control and allocation of materials in short supply;
(c)
to take adequate measures for the inclusion of Berlin in assistance received by the Federal Republic from outside sources in reasonable proportion to the unutilized industrial resources existing in Berlin;
(d)
to promote the development of Berlin’s external trade, to accord Berlin such favoured treatment in all matters of trade policy as circumstances warrant and to provide Berlin within the limit of possibility and in consideration of the participation of Berlin in the foreign currency control by the Federal Republic, with the necessary foreign currency;
(e)
to take all necessary measures on its part to ensure that the city remain in the currency area of the Deutsche Mark West, and that an adequate money supply is maintained in the city;
(f)
to assist in the maintaining in Berlin of adequate stockpiles of supplies for emergencies;
(g)
to use its best efforts for the maintenance and improvement of trade and of communications and transportation facilities between Berlin and the Federal territory, and to cooperate in accordance with the means at its disposal in their protection or their re-establishment;
(h)
to facilitate the inclusion of Berlin in the international agreements concluded by the Federal Republic, provided that this is not precluded by the nature of the agreements concerned.

[Page 120]

Annex B

Charter of the Arbitration Tribunal

Part I—Composition, Organisation and Seat of the Tribunal

Article 1

1.
The Tribunal shall be composed of nine members who shall have the qualifications required in their respective countries for appointment to the highest judicial offices or shall be lawyers of recognized competence in international law.
2.
The nine members of the Tribunal shall be appointed as follows:
(a)
Three members, appointed by the Governments of the Three Powers, one by each Government;
(b)
Three members appointed by the Federal Government;
(c)
Three members (hereinafter referred to as “the neutral members”) appointed by agreement between the Governments of the Three Powers and the Federal Government, none of whom shall be a national of any one of the Three Powers or a German national.
3.
The Governments of the Three Powers and the Federal Government shall make known their first appointments not later than sixty days after the entry into force of the present Charter. Within the same period the Governments of the Three Powers and the Federal Government shall agree upon the three neutral members. If, after the expiry of such period, one or more of the neutral members shall not have been appointed, either the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to appoint such neutral member or members.
4.
Appointments to fill vacancies shall be made in the same manner as the appointment of the member to be replaced. However, if a vacancy to be filled by the Government of one of the Three Powers or the Federal Government is not so filled within one month of its occurring, either the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to make an interim appointment to the vacancy of a person who shall not be a national of any one of the Three Powers or a German national and who shall serve for a period of six months or until the vacancy is filled in the normal manner, whichever is longer. If the member to be replaced is a neutral member, the Governments of the Three Powers or the Federal Government may request the President of the International Court of Justice to make such appointment, if the agreement envisaged by sub-paragraph (c) of paragraph 2 of this Article has not been reached within one month of the vacancy occurring.
5.
The Tribunal may, by majority vote, declare a vacancy if, in its opinion, a member has, without reasonable excuse, failed or refused to participate in the hearing or decision of a case to which he has been assigned.

Article 2

1.
The members of the Tribunal shall be appointed for four years. They may be reappointed after the expiration of their terms of office.
2.
A member whose term of office has expired shall nevertheless continue to discharge his duties until his successor is appointed. After such appointment he shall, unless the President of the Tribunal directs otherwise, continue to discharge his duties respecting pending cases in which he has participated until such cases have been finally decided.
3.
Members of the Tribunal shall not engage in any activity incompatible with the proper exercise of their duties, nor shall they participate in the adjudication of any case with which they have previously been concerned in another capacity or in which they have a direct interest. Differences of opinion regarding the applicability of this paragraph shall be resolved by the Tribunal.
4.
(a) During and after their term of office, the members of the Tribunal shall enjoy immunity from suit in respect of acts performed in the exercise of their official duties.
(b) The members of the Tribunal who are not of German nationality shall, moreover, enjoy in the Federal territory the same privileges and immunities as are accorded chiefs of diplomatic missions. If sittings or official acts take place in the territory of one of the Three Powers, the members of the Tribunal who are not of the nationality of the country in which the sitting or act takes place shall enjoy diplomatic privileges and immunities in such country.
5.
Every member of the Tribunal shall, before taking office, make a declaration at a public session that he will exercise his duties impartially and conscientiously.
6.
Subject to the provisions of paragraph 5 of Article 1 of the present Charter, no member may be dismissed before the expiry of his term of office, or before the termination of his duties in accordance with paragraph 2 of this Article, except by agreement between the Governments of the Three Powers and the Federal Government; or, in the case of a member appointed by the President of the International Court of Justice, by agreement between the Governments of the Three Powers and the Federal Government, with the consent of the President of the International Court of Justice.
[Page 122]

Article 3

The Tribunal shall elect from the neutral members a President and two Vice-Presidents to serve as such for two years.

Article 4

1.
The Tribunal, presided over by the President or one of the Vice-Presidents, shall sit either in plenary session or in Chambers of three members.
2.
A plenary session shall, in principle, include all the members of the Tribunal. A quorum of five members shall suffice to constitute a plenary session; it shall be composed of an uneven number of members and in any case shall consist of an equal number of the members appointed by the Governments of the Three Powers and of those appointed by the Federal Government, and at least one neutral member.
3.
Chambers shall be composed of one of the members appointed by the Governments of the Three Powers, one of the members appointed by the Federal Government and one neutral member.
4.
The Tribunal in plenary session shall nominate the members of such Chambers, define the categories of cases with which a Chamber will be concerned or assign a particular case to a Chamber.
5.
Any decision of a Chamber, on a case assigned to it, shall be deemed to be a decision of the Tribunal.
6.
The final decision on a case assigned to a Chamber must be taken by the Tribunal in plenary session, if one of the parties so requests before the Chamber itself has pronounced a final decision.

Article 5

The Tribunal shall sit in public unless it decides otherwise. The deliberations of the Tribunal shall be and shall remain secret as shall all facts brought to its attention in closed session.

Article 6

1.
A Registrar shall be responsible for the administration of the Tribunal; he shall have the necessary staff at his disposal. The Registrar shall handle the transmission of documents, keep a record of petitions submitted to the Tribunal and be responsible for the archives and accounts of the Tribunal.
2.
The first Registrar shall be appointed by agreement between the Three Powers and the Federal Republic. The Registrar shall be a permanent official subject to dismissal and replacement only by the Tribunal.
[Page 123]

Article 7

The seat of the Tribunal shall be located within the Federal territory at such place as shall be determined by a subsidiary administrative agreement between the Governments of the Three Powers and the Federal Government. The Tribunal may, however, sit and exercise its functions elsewhere, when it deems it desirable to do so.

Article 8

Questions pertaining to the operating costs of the Tribunal, including the official emoluments of members, as well as arrangements for securing the inviolability of the premises of the Tribunal, shall be regulated by the subsidiary administrative agreement referred to in Article 7 of the present Charter.

part ii—competence and powers of the tribunal

Article 9

1. The Tribunal shall have jurisdiction over all disputes arising between the Three Powers and the Federal Republic under the provisions of the Convention on Relations between the Three Powers and the Federal Republic of Germany (hereinafter referred to as “the Convention”) or the present Charter or any of the related Conventions listed in Article 8 of the Convention, which the parties are not able to settle by negotiation, except disputes expressly excluded from its jurisdiction by the provisions of the Convention or the present Charter or any of the related Conventions.

2. (a) The Tribunal shall, moreover, have jurisdiction in respect of any question as to the extent of the competence of the following authorities:

The Board of Review referred to in Chapter Two of the Convention on the Settlement of Matters Arising out of the War and the Occupation;

The Supreme Restitution Court referred to in Chapter Three of that Convention;

The Arbitral Commission on Property, Rights and Interests in Germany referred to in Chapters Five and Ten of that Convention.

(b) A question as to the extent of the competence of these authorities may be raised at any time after the institution of proceedings before them and also after a final decision.

(c) The decisions of the Tribunal on these questions shall be binding on the authorities whose competence has been questioned.

3. The decisions of the authorities specified in subparagraph (a) of paragraph 2 of this Article shall be subject to the jurisdiction of the Tribunal and to the provisions of subparagraph (a) of paragraph [Page 124]5 of Article 11 of the present Charter only to the extent contemplated in subparagraph (a) of paragraph 2 of this Article, unless the contrary is expressly provided in one of the related Conventions.

4. Decisions of the authorities provided for or referred to in the related Conventions, other than those specified in subparagraph (a) of paragraph 2 of this Article, shall be subject to review by the Tribunal, whether on questions as to extent of competence or on the merits, only to the extent contemplated by paragraph 1 of this Article, unless the contrary is expressly provided in one of the related Conventions.

5. Only the Governments of one or more of the Three Powers, on the one hand, and the Federal Government, on the other, may be parties before the Tribunal. If the Federal Government brings a complaint against one or two of the Governments of the Three Powers, or if one or two of the Governments of the Three Powers brings a complaint against the Federal Government, the other Government or Governments of the Three Powers may apply to the Tribunal to be joined as parties.

Article 10

The Tribunal shall render its decisions in the form of judgments or directives which shall be binding on the parties.

Article 11

1.
Signatory States undertake to comply with the decisions of the Tribunal and to take the action required of them by such decisions.
2.
The Tribunal may set a period of time for the execution of its decisions.
3.
If a judgment of the Tribunal establishes that the provisions of a law or ordinance, applicable in the Federal territory, are in conflict with the provisions of the Convention or the present Charter or the related Conventions, it may order the party which has enacted such provisions to deprive them of effect, in whole or in part, in the Federal territory. Should this party fail to comply with the judgment of the Tribunal, the Tribunal may, at the request of the successful party, declare the provisions null, in whole or in part, in the Federal territory, with binding effect.
4.
If a judgment of the Tribunal establishes that an administrative measure applicable in the Federal territory, is in conflict with the provisions of the Convention or the present Charter or the related Conventions, it may order the party which has taken such measure to annul it, in whole or in part, in the Federal territory. Should this party fail to comply with the judgment of the Tribunal, the Tribunal may, at the request of the successful party, declare [Page 125]the measure null, in whole or in part, in the Federal territory, with binding effect.
5.
(a) If a judgment of the Tribunal establishes that a judicial decision, enforceable in the Federal territory, is in conflict with the basic principles of the Convention or the present Charter or the related Conventions it may annul such decision, in whole or in part, in the Federal territory. In such case the judicial proceedings shall be restored to the position in which they were before the judicial decision was given; in further proceedings the Tribunal’s findings of fact and law shall be binding in the Federal territory.
(b) The provisions of sub-paragraph (a) of this paragraph shall not apply to decisions of Service Tribunals.
6.
If a judgment of the Tribunal establishes that a party has failed to take action which it is obliged to take by the Convention or the present Charter or the related Conventions, the Tribunal may, in its judgment or, on the application of a party, in a second judgment, specify special measures which must be taken by the unsuccessful party in order to remedy the situation in compliance with the judgment. Should this party fail to take such special measures within the time specified by the Tribunal, the Tribunal may, on the application of the other party, authorize the latter to take appropriate measures to remedy the situation in compliance with the judgment. If, however, the measures which the unsuccessful party fails to take consist in the issue of legal provisions, the Tribunal may embody in its judgment provisions, not inconsistent with the Basic Law of the Federal Republic, creating rights and obligations for all persons and authorities in the Federal territory.

Article 12

1.
The Tribunal or, in case of urgency, the President shall have the power, by the issue of directives, to take such measures as may be necessary to conserve the respective rights of the parties pending the judgment of the Tribunal. Any directive issued by the President under this Article may be confirmed, amended or annulled by the Tribunal within seventy-two hours after the notification thereof to the parties.
2.
The parties shall be afforded an opportunity to be heard prior to the issue of any directive by the Tribunal or by the President under this Article.
3.
In the absence of the President, his powers under this Article shall be exercised by one of the Vice-Presidents to be designated by the President for this purpose.
[Page 126]

part iii—proceedings

Article 13

The official languages of the Tribunal shall be French, English and German.

Article 14

Proceedings before the Tribunal shall be instituted by a written petition filed with the Tribunal which shall contain a statement of the facts giving rise to the dispute, reference to the provisions of the Convention or the present Charter or the related Conventions which are invoked, legal argument, and conclusion.

Article 15

1.
The parties shall be represented by agents. They may be assisted by counsel.
2.
Such agents and counsel shall enjoy immunity from suit in respect of acts performed in the exercise of their duties.

Article 16

1.
The presiding member may summon the agents in order to be informed of their wishes concerning the time limits and conduct of the proceedings.
2.
The presiding member shall set the time limits for the submission of pleadings and shall prescribe all the measures necessary for the conduct of the proceedings.
3.
Certified copies of all documents submitted by either party shall be immediately forwarded to the other party through the Registrar.

Article 17

The proceedings shall consist of two parts: written and oral. Oral proceedings may be dispensed with if both parties so request.

Article 18

1.
Written proceedings shall consist of a statement of the complainant’s case, the defendant’s answer and, unless the Tribunal directs otherwise, a reply and a rejoinder.
2.
Counterclaims shall be permissible.

Article 19

1.
Oral proceedings shall consist of the complainant’s argument, the defendant’s argument and, unless the Tribunal directs otherwise, a reply and a rejoinder, as well as hearings of witnesses and experts.
2.
The Tribunal shall have power to demand the production of evidence, documentary or other, to require the attendance of witnesses [Page 127]to testify, to request expert opinion, and to direct inquiries to be made.
3.
In the event that a party does not produce evidence which in the opinion of the Tribunal is relevant to the issues before it and which such party possesses or is in a position to procure, the Tribunal shall proceed to give its decision notwithstanding the absence of such evidence.
4.
The presiding member or any other member of the Tribunal may put questions to the parties, witnesses and experts.
5.
A written record of the oral proceedings shall be kept and shall be signed by the presiding member and the Registrar.

Article 20

All decisions of the Tribunal shall be based on the Convention, the present Charter and the related Conventions. The Tribunal shall, in the interpretation of such Conventions, apply the generally accepted rules of international law governing the interpretation of treaties.

Article 21

1.
The Tribunal shall decide by majority vote.
2.
Judgments shall state the reasons on which they are based.
3.
Judgments shall be signed by the presiding member and by the Registrar.
4.
Judgments shall be final and not subject to appeal.
5.
In the case of a difference of opinion as to the meaning or scope of a judgment, the Tribunal may construe it by an interpretative judgment, on the application of either party and after having heard both parties.

Article 22

The revision of a judgment may not be requested of the Tribunal except upon the grounds of the discovery of a fact which is of such a nature as to exercise a decisive influence, and of which the Tribunal and the party requesting revision had been unaware before the pronouncement of the judgment always provided that such ignorance was not due to negligence on the part of the party requesting the revision.

Article 23

1.
Unless the Tribunal directs otherwise, each party to proceedings before the Tribunal shall pay its own costs.
2.
The Tribunal shall bear the costs in respect of witnesses whose attendance it has required and expert opinions and inquiries which it has ordered.
[Page 128]

Article 24

The Tribunal shall determine its own rules of procedure consistent with the present Charter.

part iv—advisory opinions

Article 25

1.
The Tribunal may, at the joint request of the Governments of the Three Powers and of the Federal Government give an advisory opinion on any matter arising out of the Convention or the present Charter or the related Conventions, with the exception of those questions with which it would not have been competent to deal if they had been referred to it in the form of a dispute.
2.
The Tribunal may, at the request of an authority referred to in paragraph 2 of Article 9 of the present Charter or at the request of the presiding member of such an authority, give an advisory opinion on the competence of such authority.
3.
Advisory opinions shall not be binding.
  1. Source: Reprinted from Senate Q and R, pp. 9–22.
  2. Foreign Relations, 1949, vol. iii, pp. 179181. Regarding the revision of the Occupation Statute, see ibid., 1951, vol. iii, Part 2, pp. 1410 ff.
  3. For text of this convention, see Senate Q and R, pp. 89–130, or Cmd. 8571, pp. 17–58; an extract from the convention is printed as Document 53.
  4. Document 55.
  5. For text of this convention, see Senate Q and R, pp. 25–88, or Cmd. 8571, pp. 75–135.