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.
[Page 118]
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.
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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.