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PUBLICATION No. 233

PROMOTION OF PEACE

ARBITRATION, CONCILIATION, AND JUDICIAL
SETTLEMENT

Canada

GENERAL ACT OF SEPTEMBER 26, 1928 1

By a circular letter dated July 29, 1931, the Acting Legal Adviser of the League of Nations informed the Secretary of State that the Canadian advisory officer to the League of Nations had deposited on July 1. 1931, the instrument of accession by His Britannic Majesty in respect of Canada to all the provisions (chapters I, II, III, and IV) of the general act for the pacific settlement of international disputes, signed at Geneva September 26, 1928.

This accession was made subject to the following conditions: (1) That the following disputes are excluded from the procedure described in the general act, including the procedure of conciliation:

(i) Disputes arising prior to the accession in respect of Canada to the said general act, or relating to situations or facts prior to the said accession;

(ii) Disputes in regard to which the parties to the dispute have agreed or shall agree to have recourse to some other method of peaceful settlement;

(iii) Disputes between His Majesty's Government in Canada and the Government of any other member of the League which is a member of the British Commonwealth of Nations, all of which disputes shall be settled in such a manner as the parties have agreed or shall agree;

(iv) Disputes concerning questions which by international law are solely within the domestic jurisdiction of states; and

(v) Disputes with any party to the general act who is not a member of the League of Nations.

(2) That His Majesty in respect of Canada reserves the right in relation to the disputes mentioned in article 17 of the general act to require that the procedure prescribed in chapter II of the said act shall be suspended in respect of any dispute which has been submitted to and is under consideration by the Council of the League of Nations, provided that notice to suspend is given after the dispute has been submitted to the Council and is given within ten days of the notification of the initiation of the procedure, and provided also that

'See Bulletin No. 21, June, 1931, p. 1.

such suspension shall be limited to a period of twelve months or such longer period as may be agreed by the parties to the dispute or determined by a decision of all the members of the Council other than the parties to the dispute.

(3) (i) That, in the case of a dispute, not being a dispute mentioned in article 17 of the general act, which is brought before the Council of the League of Nations in accordance with the provisions of the Covenant, the procedure prescribed in chapter I of the general act, shall not be applied, and, if already commenced, shall be suspended, unless the Council determines that the said procedure shall be adopted.

(ii) That in the case of such a dispute, the procedure described in chapter III of the general act shall not be applied unless the Council has failed to effect a settlement of the dispute within twelve months from the date on which it was first submitted to the Council, or, in a case where the procedure prescribed in chapter I has been adopted without producing an agreement between the parties, within six months from the termination of the work of the conciliation commission. The Council may extend either of the above periods by a decision of all its members other than the parties to the dispute.

Italy

With a despatch from the American Embassy at Rome to the Secretary of State, dated July 21, 1931, there was transmitted a copy of the law of June 12, 1931, No. 824, authorizing the Government to adhere to the general act for the pacific settlement of international disputes.

PERMANENT COURT OF INTERNATIONAL JUSTICE

ACCEPTANCE OF RESERVATIONS MADE BY CUBA WHEN RATIFYING THE PROTOCOL OF REVISION OF THE STATUTE 2

Belgium

By a letter dated July 2, 1931, the Legal Adviser of the League of Nations circulated the text of a letter received from the Belgian Minister for Foreign Affairs regarding the reservations made by the Republic of Cuba when ratifying the protocol concerning the revision of the Statute of the Permanent Court of International Justice. The letter, dated June 1, 1931, is as follows:

Referring to your letter of January 22 last, C.L.4, 1931.V, I have the honour to inform you that the Belgian Government, for the reasons given below, prefers not to give an immediate opinion on the subject of the reservations made by the Government of the Republic of Cuba to the protocol concerning the revision of the Statute of the Permanent Court of International Justice, signed at Geneva on September 14, 1929.

The two Cuban reservations refer, one to article 4 of the protocol and the other to the new text of article 23 of the Statute.

2 See Bulletin No. 22, July, 1931, p. 1.

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