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with the Commission at any time during the period fixed in Article VI for the duration of the Commission; and it is agreed between the two governments that should any such claim or claims be filed with the Commission prior to the termination of said Commission, and not be decided as specified in Article VI, the two governments will by agreement extend the time within which the Commission may hear, examine and decide such claim or claims so filed for such a period as may be required for the Commission to hear, examine and decide such claim or claims.

ARTICLE VIII

The high contracting parties agree to consider the decision of the Commission as final and conclusive upon each claim decided, and to give full effect to such decisions. They further agree to consider the result of the proceedings of the Commission as a full, perfect and final settlement of every such claim upon either government, for loss or damage sustained prior to the exchange of the ratifications of the present convention (except as to claims arising from revolutionary disturbances and referred to in the preamble hereof). And they further agree that every such claim, whether or not filed and presented to the notice of, made, preferred or submitted to such Commission shall from and after the conclusion of the proceedings of the Commission be considered and treated as fully settled, barred and thenceforth inadmissible, provided the claim filed has been heard and decided.

ARTICLE IX

The total amount awarded in all the cases decided in favor of the citizens of one country shall be deducted from the total amount awarded to the citizens of the other country and the balance shall be paid at Washington or at the City of Mexico, in gold coin or its equivalent to the government of the country in favor of whose citizens the greater amount may have been awarded.

In any case the Commission may decide that international law, justice and equity require that a property or right be restored to the claimant in addition to the amount awarded in any such case for all loss or damage sustained prior to the restitution. In any case where the Commission so decides the restitution of the property or right shall be made by the government affected after such decision has been made, as hereinbelow provided. The Commission, however, shall at the same time determine the value of the property or right decreed to be restored and the government affected may elect to pay the amount so fixed after the decision is made rather than to restore the property or right to the claimant.

In the event the government affected should elect to pay the amount fixed as the value of the property or right decreed to be restored, it is agreed that notice thereof will be filed with the Commission within thirty days after the decision and that the amount fixed as the value of the property or right shall be paid immediately. Upon failure so to pay the amount the property or right shall be restored immediately.

ARTICLE X

Each government shall pay its own Commissioner and bear its own expenses. The expenses of the Commission including the salary of the third Commissioner shall be defrayed in equal proportions by the two govern

ments.

ARTICLE XI

The present convention shall be ratified by the high contracting parties in accordance with their respective Constitutions. Ratifications of this convention shall be exchanged in Washington as soon as practicable and the convention shall take effect on the date of the exchange of ratifications.

In witness whereof, the respective plenipotentiaries have signed and affixed their seals to this convention.

Done in duplicate at Washington this eighth day of September, 1923. [SEAL] CHARLES EVANS HUGHES.

[SEAL] CHARLES BEECHER WARREN.
[SEAL] JOHN BARTON PAYNE.
[SEAL] MANUEL C. TÉLLEZ.

CONVENTION AND STATUTE ON THE RÉGIME OF NAVIGABLE WATERWAYS OF INTERNATIONAL CONCERN 1

Signed at Barcelona, April 20, 19212

Albania, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the British Empire (with New Zealand and India), Spain, Esthonia, Finland, France, Greece, Guatemala, Haiti, Honduras, Italy, Japan, Latvia, Lithuania, Luxemburg, Norway, Panama, Paraguay, the Netherlands, Persia, Poland, Portugal, Roumania, the SerbCroat-Slovene State, Sweden, Switzerland, Czecho-Slovakia, Uruguay, and Venezuela:

Desirous of carrying further the development as regards the international régime of navigation on internal waterways, which began more than a century ago, and which has been solemnly affirmed in numerous treaties, Considering that general conventions to which other Powers may accede at a later date constitute the best method of realizing the purpose of Article 23 (e) of the Covenant of the League of Nations,

Recognizing in particular that a fresh confirmation of the principle of freedom of navigation in a statute elaborated by forty-one states belonging to the different portions of the world constitutes a new and significant stage

1 British Treaty Series, No. 28 (1923). [Cmd. 1993].

2 For ratifications and accessions, see note at end of additional protocol, p. 166.

towards the establishment of coöperation among states without in any way prejudicing their rights of sovereignty or authority,

Having accepted the invitation of the League of Nations to take part in a conference at Barcelona which met on the 10th March 1921, and having taken note of the Final Act of such conference,

Anxious to bring into force forthwith the provisions of the Statute relating to the Régime of Navigable Waterways of International Concern which has there been adopted,

Wishing to conclude a convention for this purpose, the high contracting parties have appointed as their plenipotentiaries:

The President of the Supreme Council of Albania: Monsignor Fan S. Noli, Member of Parliament.

The President of the Republic of Austria: M. Henri Reinhardt, Ministerial Councillor.

His Majesty the King of the Belgians: M. Xavier Neujean, Minister for Railways, Marine, Posts and Telegraphs.

The President of the Republic of Bolivia: M. Trifon Melean, Bolivian Consul in Spain.

His Majesty the King of Bulgaria: M. Lubin Bochkoff, Civil Engineer, Assistant to the Director-General of Railways and Ports.

The President of the Republic of Chile: Señor Manuel Rivas Vicuña, Envoy Extraordinary and Minister Plenipotentiary.

The President of the Republic of China: M. Ouang Yong-Pao, Envoy
Extraordinary and Minister Plenipotentiary.

His Majesty the King of Denmark and of Iceland: M. Peter Andreas
Holck-Colding, Chef de Bureau in the Ministry of Public Works.
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of
India: Sir Hubert Llewellyn Smith, G.C.B., Economic Adviser to the
Government;

and for the Dominion of New Zealand: Sir Hubert Llewellyn Smith,
G. C. B.

for India: Sir Louis James Kershaw, K.C.S.I., C.I.E., Secretary in the Revenue and Statistics Department in the India Office.

His Majesty the King of Spain: Señor Don Emilio Ortuño y Berte, Member of the Chamber of Deputies, formerly Minister of Public Works.

The President of the Esthonian Republic: M. Charles Robert Pusta, Minister Plenipotentiary.

The President of the Republic of Finland: M. Rolf Thesleff, Envoy Extraordinary and Minister Plenipotentiary.

The President of the French Republic: M. Maurice Sibille, Deputy, Member of the Comité consultatif des Chemins de fer français.

His Majesty the King of the Hellenes: M. G. Caradja, Minister Plenipotentiary.

The President of the Republic of Guatemala: Dr. Norberto Galvez, Guatemalan Consul-General at Barcelona.

His Majesty the King of Italy: M. Paolo Bignami, Engineer, Member of the Chamber of Deputies, former Under-Secretary of State.

The President of the Lithuanian Republic: M. V. Sidzikauskas, Chargé d'Affaires at Berne.

Her Royal Highness the Grand-Duchess of Luxemburg: M. Antoine Lefort, Chargé d'Affaires at Berne.

His Majesty the King of Norway: Dr. Fridtjof Nansen, Professor in Christiania University.

The President of the Republic of Panama: Dr. Evenor Hazera, ConsulGeneral for Panama in Spain, former Under-Secretary of State.

The President of the Polish Republic: M. Joseph Wielovieyski. The President of the Portuguese Republic: M. Alfredo Freire d'Andrade, formerly Minister of Foreign Affairs.

His Majesty the King of Sweden: M. Fredrik V. Hansen, DirectorGeneral of Hydraulic Power and State Canals.

The President of the Czecho-Slovak Republic: M. Bohuslav Müller, Engineer, Secretary of State at the Ministry of Public Works, Envoy Extraordinary and Minister Plenipotentiary.

The President of the Oriental Republic of Uruguay: M. Benjamin Fernandez y Medina, Envoy Extraordinary and Minister Plenipotentiary to Spain;

Who, after communicating their full powers, found in good and due form, have agreed as follows:

ARTICLE 1

The high contracting parties declare that they accept the Statute on the Régime of Navigable Waterways of International Concern annexed hereto, adopted by the Barcelona Conference on the 19th April 1921.

This statute will be deemed to constitute an integral part of the present convention. Consequently, they hereby declare that they accept the obligations and undertakings of the said statute in conformity with the terms and in accordance with the conditions set out therein.

ARTICLE 2

The present convention does not in any way affect the rights and obligations arising out of the provisions of the Treaty of Peace signed at Versailles on the 28th June 1919, or out of the provisions of the other corresponding treaties, in so far as they concern the Powers which have signed, or which benefit by, such treaties.

ARTICLE 3

The present convention, of which the French and English texts are both authenic, shall bear this day's date and shall be open for signature until the 1st December 1921.

ARTICLE 4

The present convention is subject to ratification. The instruments of ratification shall be transmitted to the Secretary-General of the League of Nations, who will notify the receipt of them to the other members of the League and to states admitted to sign the convention. The instruments of ratification shall be deposited in the archives of the Secretariat.

In order to comply with the provisions of Article 18 of the Covenant of the League of Nations, the Secretary-General will register the present convention upon the deposit of the first ratification.

ARTICLE 5

Members of the League of Nations which have not signed the present convention before the 1st December 1921, may accede to it.

The same applies to states not members of the League to which the Council of the League may decide officially to communicate the present convention.

Accession will be notified to the Secretary-General of the League, who will inform all Powers concerned of the accession and of the date on which it was notified.

ARTICLE 6

The present convention will not come into force until it has been ratified by five Powers. The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification. Thereafter the present convention will take effect in the case of each party ninety days after the receipt of its ratification or of the notification of its accession.

Upon the coming into force of the present convention, the SecretaryGeneral will address a certified copy of it to the Powers not members of the League which are bound under the treaties of peace to accede to it.

ARTICLE 7

A special record shall be kept by the Secretary-General of the League of Nations, showing which of the parties have signed, ratified, acceded to or denounced the present convention. This record shall be open to the members of the League at all times; it shall be published as often as possible in accordance with the directions of the Council.

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