United States Treaty Series/Volume 1/Hague II (1907)
LIMITATION OF EMPLOYMENT OF FORCE FOR RECOVERY OF CONTRACT DEBTS (HAGUE, II)
- Convention signed at The Hague October 18, 1907
- Senate advice and consent to ratification, with an understanding, April 17, 1908[1]
- Ratified by the President of the United States, with an understanding, February 23, 1909[1]
- Procès-verbal of first deposit of ratifications (including that of the United States) at The Hague dated November 27, 1909
- Entered into force January 26, 1910
- Proclaimed by the President of the United States February 28, 1910
[TRANSLATION]
II
Convention Respecting the Limitation of the Employment of Force for the Recovery of Contract Debts
His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; the President of the Republic of Bolivia; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions Beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay;
Being desirous of avoiding between nations armed conflicts of a pecuniary origin arising from contract debts which are claimed from the Government of one country by the Government of another country as due to its nationals, have resolved to conclude a Convention to this effect, and have appointed the following as their Plenipotentiaries:
His Excellency Baron Marschall von Bieberstein, His Minister of State, His Ambassador Extraordinary and Plenipotentiary at Constantinople;
Dr. Johannes Kriege, His Envoy on extraordinary mission to the present Conference, His Privy Counselor of Legation and Jurisconsult to the Imperial Ministry of Foreign Affairs, Member of the Permanent Court of Arbitration.
His Excellency Mr. Joseph H. Choate, Ambassador Extraordinary;
His Excellency Mr. Horace Porter, Ambassador Extraordinary;
His Excellency Mr. Uriah M. Rose, Ambassador Extraordinary;
His Excellency Mr. David Jayne Hill, Envoy Extraordinary and Minister Plenipotentiary at The Hague;
Rear Admiral Charles S. Sperry, Minister Plenipotentiary;
Brigadier General George B. Davis, Judge Advocate General of the United States Army, Minister Plenipotentiary;
Mr. William I. Buchanan, Minister Plenipotentiary.
His Excellency Mr. Roque Saenz Peña, former Minister of Foreign Affairs, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome, Member of the Permanent Court of Arbitration;
His Excellency Mr. Luis M. Drago, former Minister of Foreign Affairs and Worship of the Republic, National Deputy, Member of the Permanent Court of Arbitration;
His Excellency Mr. Carlos Rodriguez Larreta, former Minister of Foreign Affairs and Worship of the Republic, Member of the Permanent Court of Arbitration.
His Excellency Mr. Gaëtan Mérey de Kapos-Mére, His Privy Counselor, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Baron Charles de Macchio, His Envoy Extraordinary and Minister Plenipotentiary at Athens.
His Excellency Mr. Claudio Pinilla, Minister of Foreign Affairs of the Republic, Member of the Permanent Court of Arbitration;
His Excellency Mr. Fernando E. Guachalla, Minister Plenipotentiary at London.
Mr. Vrban Vinaroff, Major General of the General Staff, attached to His suite;
Mr. Ivan Karandjouloff, Director of Public Prosecution of the Court of Cassation.
His Excellency Mr. Domingo Gana, Envoy Extraordinary and Minister Plenipotentiary of the Republic at London;
His Excellency Mr. Augusto Matte, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Berlin;
His Excellency Mr. Carlos Concha, former Minister of War, former President of the Chamber of Deputies, former Envoy Extraordinary and Minister Plenipotentiary at Buenos Aires.
General Jorge Holguin;
Mr. Santiago Pérez Triana;
His Excellency General Marceliano Vargas, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris.
Mr. Antonio Sanchez de Bustamante, Professor of International Law in the University of Habana, Senator of the Republic;
His Excellency Mr. Gonzalo de Quesada y Arvstegui, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington;
Mr. Manuel Sanguily, former Director of the Institute of Secondary Instruction of Habana, Senator of the Republic.
His Excellency Mr. Constantin Brun, His Chamberlain, His Envoy Extraordinary and Minister Plenipotentiary at Washington;
Rear Admiral Christian Frederik Scheller;
Mr. Axel Vedel, His Chamberlain, Chief of Division in the Royal Ministry of Foreign Affairs.
Mr. Francisco Henriquez y Carvajal, former Secretary of State in the Ministry of Foreign Affairs of the Republic, Member of the Permanent Court of Arbitration;
Mr. Apolinar Tejera, Rector of the Professional Institute of the Republic, Member of the Permanent Court of Arbitration.
His Excellency Mr. Victor Rendón, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at Madrid;
Mr. Enrique Dorn y de Alsúa, Chargé d'Affaires.
His Excellency Mr. W. R. de Villa-Urrutia, Senator, former Minister of Foreign Affairs, His Ambassador Extraordinary and Plenipotentiary at London;
His Excellency Mr. José de la Rica y Calvo, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;
Mr. Gabriel Maura y Gamazo, Count de Mortera, Deputy to the Cortes.
His Excellency Mr. Léon Bourgeois, Ambassador Extraordinary of the Republic, Senator, former President of the Council of Ministers, former Minister of Foreign Affairs, Member of the Permanent Court of Arbitration;
Baron d'Estournelles de Constant, Senator, Minister Plenipotentiary of class I, Member of the Permanent Court of Arbitration;
Mr. Louis Renault, Professor of the Faculty of Law of the University of Paris, Honorary Minister Plenipotentiary, Jurisconsult of the Ministry of Foreign Affairs, Member of the Institute of France, Member of the Permanent Court of Arbitration;
His Excellency Mr. Marcellin Pellet, Envoy Extraordinary and Minister Plenipotentiary of the French Republic at The Hague.
His Excellency the Right Honorable Sir Edward Fry, G.C.B., Member of the Privy Council, His Ambassador Extraordinary, Member of the Permanent Court of Arbitration;
His Excellency the Right Honorable Sir Ernest Mason Satow, G.C.M.G., Member of the Privy Council, Member of the Permanent Court of Arbitration;
His Excellency the Right Honorable Donald James Mackay Baron Reay, G.C.S.I., G.C.I.E., Member of the Privy Council, former President of the Institute of International Law;
His Excellency Sir Henry Howard, K.C.M.G., C.B., His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency Mr. Cléon Rizo Rangabé, His Envoy Extraordinary and Minister Plenipotentiary at Berlin;
Mr. Georges Streit, Professor of International Law in the University of Athens, Member of the Permanent Court of Arbitration.
Mr. José Tible Machado, Chargé d'Affaires of the Republic at The Hague and at London, Member of the Permanent Court of Arbitration;
Mr. Enrique Gómez Carillo, Chargé d'Affaires of the Republic at Berlin.
His Excellency Mr. Jean Joseph Dalbémar, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
His Excellency Mr. J. N. Léger, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Washington;
Mr. Pierre Hudicourt, former Professor of Public International Law, Attorney at Law at Port au Prince.
His Excellency Count Joseph Tornielli Brusati di Vergano, Senator of the Kingdom, Ambassador of His Majesty the King at Paris, Member of the Permanent Court of Arbitration, President of the Italian Delegation;
His Excellency Commendatore Guido Pompilj, Deputy to the Parliament, Under Secretary of State in the Royal Ministry of Foreign Affairs;
Commendatore Guido Fusinato, Counselor of State, Deputy to the Parliament, former Minister of Education.
His Excellency Mr. Keiroku Tsudzuki, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Mr. Aimaro Sato, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency Mr. Gonzalo A. Esteva, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Rome;
His Excellency Mr. Sebastian B. de Mier, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
His Excellency Mr. Francisco L. de la Barra, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Brussels and at The Hague.
His Excellency Mr. Nelidow, now Imperial Privy Counselor, Ambassador of His Majesty the Emperor of All the Russias at Paris;
His Excellency Mr. de Martens, Imperial Privy Counselor, Permanent Member of the Council of the Imperial Ministry of Foreign Affairs of Russia;
His Excellency Mr. Tcharykow, now Imperial Counselor of State, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of All the Russias at The Hague.
His Excellency Mr. Francis Hagerup, former President of the Council, former Professor of Law, His Envoy Extraordinary and Minister Plenipotentiary at The Hague and at Copenhagen, Member of the Permanent Court of Arbitration.
Mr. Belisario Porras.
His Excellency Mr. Eusebio Machaīn, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris;
Count G. du Monceau de Bergendal, Consul of the Republic at Brussels.
Mr. W. H. de Beaufort, Her former Minister of Foreign Affairs, Member of the Second Chamber of the States-General;
His Excellency Mr. T. M. C. Asser, Her Minister of State, Member of the Council of State, Member of the Permanent Court of Arbitration;
His Excellency Jonkheer J. C. C. den Beer Poortugael, Lieutenant General Retired, former Minister of War, Member of the Council of State;
His Excellency Jonkheer J. A. Röell, Her Aide-de-Camp on Special Service, Vice Admiral Retired, former Minister of the Navy;
Mr. J. A. Loeff, Her former Minister of Justice, Member of the Second Chamber of the States-General.
His Excellency Mr. Carlos G. Candamo, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris and at London, Member of the Permanent Court of Arbitration.
His Excellency Samad Khan Momtazos Saltaneh, His Envoy Extraordinary and Minister Plenipotentiary at Paris, Member of the Permanent Court of Arbitration;
His Excellency Mirza Ahmed Khan Sadigh Ul Mulk, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
His Excellency the Marquis de Soveral, His Counselor of State, Peer of the Kingdom, former Minister of Foreign Affairs, His Envoy Extraordinary and Minister Plenipotentiary at London, His Ambassador Extraordinary and Plenipotentiary;
His Excellency Count de Selir, His Envoy Extraordinary and Minister Plenipotentiary at The Hague;
His Excellency Mr. Alberto d'Oliveira, His Envoy Extraordinary and Minister Plenipotentiary at Berne.
His Excellency Mr. Nelidow, His present Privy Counselor, His Ambassador at Paris;
His Excellency Mr. de Martens, His Privy Counselor, Permanent Member of the Council of the Imperial Ministry of Foreign Affairs, Member of the Permanent Court of Arbitration;
His Excellency Mr. Tcharykow, His present Counselor of State, His Chamberlain, His Envoy Extraordinary and Minister Plenipotentiary at The Hague.
Mr. Pedro I. Matheu, Chargé d'Affaires of the Republic at Paris, Member of the Permanent Court of Arbitration;
Mr. Santiago Perez Triana, Chargé d'Affaires of the Republic at London.
His Excellency General Sava Grouïtch, President of the Council of State;
His Excellency Mr. Milovan Milovanovitch, His Envoy Extraordinary and Minister Plenipotentiary at Rome, Member of the Permanent Court of Arbitration;
His Excellency Mr. Michel Militchevitch, His Envoy Extraordinary and Minister Plenipotentiary at London and at The Hague.
His Excellency Turkhan Pasha, His Ambassador Extraordinary, Minister of the Evkaf;
His Excellency Rechid Bey, His Ambassador at Rome;
His Excellency Mehemmed Pasha, Vice Admiral.
His Excellency Mr. José Batlle y Ordoñez, former President of the Republic, Member of the Permanent Court of Arbitration;
His Excellency Mr. Juan P. Castro, former President of the Senate, Envoy Extraordinary and Minister Plenipotentiary of the Republic at Paris, Member of the Permanent Court of Arbitration.
Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:
Article 1
The Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the Government of one country by the Government of another country as being due to its nationals.
This undertaking is, however, not applicable when the debtor State refuses or neglects to reply to an offer of arbitration, or, after accepting the offer, prevents any compromis from being agreed on, or, after the arbitration, fails to submit to the award.
Article 2[2]
It is further agreed that the arbitration mentioned in paragraph 2 of the foregoing Article shall be subject to the procedure laid down in Part IV, Chapter III, of The Hague Convention for the Pacific Settlement of International Disputes.[3] The award shall determine, except where otherwise agreed between the parties, the validity of the claim, the amount of the debt, and the time and mode of payment.
Article 3
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a procès-verbal signed by the Representatives of the Powers taking part therein and by the Netherland Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be sent immediately by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.
Article 4
Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.
The said Government shall forward immediately to all the other Powers invited to the Second Peace Conference a duly certified copy of the notification, as well as of the act of adhesion, mentioning the date on which it received the notification.
Article 5
The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government.
Article 6
In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherland Government.
Article 7
A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 3, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 4, paragraph 2) or of denunciation (Article 6, paragraph 1) were received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent to the Contracting Powers through the diplomatic channel.
- 1. For Germany:
- Marschall
- Kriege
- 2. For the United States of America:
- Joseph H. Choate
- Horace Porter
- U. M. Rose
- David Jayne Hill
- C. S. Sperry
- William I. Buchanan
- 3. For Argentina: The Argentine Republic makes the following reservations:
1. With regard to debts arising from ordinary contracts between the citizen or subject of a nation and a foreign Government, recourse shall not be had to arbitration except in the specific case of denial of justice by the courts of the country which made the contract, the remedies before which courts must first have been exhausted.
2. Public loans, secured by bond issues and constituting the national debt, shall in no case give rise to military aggression or the material occupation of the soil of American nations.- Luis M. Drago
- Roque Saenz Peña
- C. Rúez Larreta
- 4. For Austria-Hungary:
- Mérey
- Bon Macchio
- 5. For Belgium:
- 6. For Bolivia: Under the reservation stated to the First Commission.[4]
- Claudio Pinilla
- 7. For Brazil:
- 8. For Bulgaria:
- Général-Major Vinaroff
- Iv. Karandjouloff
- 9. For Chile:
- Domingo Gana
- Augusto Matte
- Carlos Concha
- 10. For China:
- 11. For Colombia: Colombia makes the following reservations:
It does not agree to the employment of force in any case for the recovery of debts, whatever be their nature. It accepts arbitration only after a final decision has been rendered by the courts of the debtor nations.- Jorge Holguin
- S. Perez Triana
- M. Vargas
- 12. For the Republic of Cuba:
- Antonio S. de Bustamante
- Gonzalo de Quesada
- Manuel Sanguily
- 13. For Denmark:
- C. Brun
- 14. For the Dominican Republic: With the reservation made at the plenary session of October 16, 1907.[5]
- Dr. Henriquez y Carvajal
- Apolinar Tejera
- 15. For Ecuador: With the reservations made at the plenary session of October 16, 1907.[6]
- Victor M. Rendón
- E. Dorn y de Alsúa
- 16. For Spain:
- W. R. de Villa Urrutia
- José de la Rica y Calvo
- Gabriel Maura
- 17. For France:
- Léon Bourgeois
- d'Estournelles de Constant
- L. Renault
- Marcellin Pellet
- 18. For Great Britain:
- Edw. Fry
- Ernest Satow
- Reay
- Henry Howard
- 19. For Greece: With the reservation made at the plenary session of October 16.[7]
- Cléon Rizo Rangabé
- Georges Streit
- 20. For Guatemala: 1. With regard to debts arising from ordinary contracts between the citizens or subjects of a nation and a foreign Government, recourse shall be had to arbitration only in case of denial of justice by the courts of the country which made the contract, the remedies before which courts must first have been exhausted.
2. Public loans secured by bond issues and constituting national debts shall in no case give rise to military aggression or the material occupation of the soil of American nations.- José Tible Machado
- 21. For Haiti:
- Dalbémar Jn Joseph
- J. N. Léger
- Pierre Hudicourt
- 22. For Italy:
- Pompilj
- G. Fusinato
- 23. For Japan:
- Aimaro Sato
- 24. For Luxemburg:
- 25. For Mexico:
- G. A. Esteva
- S. B. de Mier
- F. L. de la Barra
- 26. For Montenegro:
- Nelidow
- Martens
- N. Tcharykow
- 27. For Nicaragua:
- 28. For Norway:
- F. Hagerup
- 29. For Panama:
- B. Porras
- 30. For Paraguay:
- G. du Monceau
- 31. For the Netherlands:
- W. H. de Beaufort
- T. M. C. Asser
- den Beer Poortugael
- J. A. Röell
- J. A. Loeff
- 32. For Peru: Under the reservation that the principles laid down in this Convention shall not be applicable to claims or differences arising from contracts concluded by a country with foreign subjects when it has been expressly stipulated in these contracts that the claims or differences must be submitted to the judges or courts of the country.
- C. G. Candamo
- 33. For Persia:
- Momtazos-Saltaneh M. Samad Khan
- Sadigh ul Mulk M. Ahmed Khan
- 34. For Portugal:
- Marquis de Soveral
- Conde de Selir
- Alberto d'Oliveira
- 35. For Roumania:
- 36. For Russia:
- Nelidow
- Martens
- N. Tcharykow
- 37. For Salvador: We make the same reservations as the Argentine Republic above.
- P. J. Matheu
- S. Perez Triana
- 38. For Servia:
- S. Grouïtch
- M. G. Milovanovitch
- M. G. Militchevitch
- 39. For Siam:
- 40. For Sweden:
- 41. For Switzerland:
- 42. For Turkey:
- Turkhan
- 43. For Uruguay: Under reservation of the second paragraph of Article 1, because the delegation considers that arbitration may always be refused as a matter of right if the fundamental law of the debtor nation, prior to the contract which has given rise to the doubts or disputes, or this contract itself, has stipulated that such doubts or disputes shall be settled by the courts of the said nation.
- José Batlle y Ordoñez
- 44. For Venezuela:
- ↑ 1.0 1.1 The U.S. understanding reads as follows: ". . . the United States approves this convention with the understanding that recourse to the permanent court for the settlement of the differences referred to in said convention can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute."
- ↑ For text of U.S. understanding regarding recourse to the permanent court, see footnote 1, p. 607.
- ↑ Convention dated Oct. 18, 1907 (TS 536), ante, p. 577.
- ↑ The Bolivian reservation reads, in translation, as follows:
"It seems to me [Mr. Pinilla], therefore, that the acceptance of the proposition before us will but mean the legitimation by the Peace Conference of a certain class of wars, or at least interventions based on disputes which relate neither to the honor nor vital interests of the creditor States.
"In consequence of these forceful reasons, the delegation of Bolivia regrets not to give its entire assent to the proposition under discussion."
- ↑ The Dominican reservation reads, in translation, as follows:
"The delegation of the Dominican Republic confirms its favorable vote on the proposal of the delegation of the United States relative to the limitation of the employment of force for the recovery of contract debts; but it renews its reservation as to the condition contained in this part of the clause: 'or after accepting the offer, prevents any compromis from being agreed on,' as its interpretation might lead to excessive consequences which would be the more regrettable as they are provided for and avoided in the plan of Article 53 of the new Convention for the pacific settlement of international disputes" (TS 536, ante, p. 577).
- ↑ At the plenary session of Oct. 16 the Ecuadorean delegation voted affirmatively while maintaining the following reservations made in the First Commission on July 2:
"1. Arbitration can only be demanded in case there is a presumption of denial of justice and after having exhausted all the legal remedies of the country.
"2. Armed intervention cannot take place after the arbitral award has been made unless the bad faith of the debtor is clearly proved" [translation].
- ↑ The Greek reservation reads, in translation, as follows:
"In the eighth meeting of the First Commission the Greek delegation, being without definite instructions, was obliged to reserve its vote on the subject of the proposition of the United States of America on the treatment of contract debts. We are to-day in a position to declare that the Royal Government accepts the said proposition, which has for its aim the doing away, by peaceful means, of differences between nations and the exclusion, conformably to the principles of international law, of the employment of armed force outside of armed conflicts. We consider, at the same time, that the provisions contained in paragraphs 2 and 3 of the text voted can not affect existing stipulations nor laws in force in the realm."
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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