Sweden undertakes to maintain the present light-ship situated outside the territorial limit until the expiration of the time mentioned in Article 4. ARTICLE 6 The president of the tribunal of arbitration shall appoint the time and place for the first meeting of the tribunal and shall summon the other members to it. Time and place for further meetings shall be decided by the tribunal of arbitration. ARTICLE 7 The official language to be used by the tribunal shall be English, French, or German, as may be decided in consultation with the other members. For petitions, evidence, and directions the parties may use the language of either country, the tribunal retaining the right to have translations made. ARTICLE 8 With respect to procedure and expenses, there shall apply such portions of the regulations contained in Articles 62 to 85 of the revised Convention adopted at the Second Hague Conference of 1907 for the pacific settlement of international disputes as may be applicable. Petitions, rejoiners, and evidence referred to in Article 63 paragraph 2, of the above-mentioned Convention, shall be filed within a period to be determined by the president of the tribunal of arbitration, but before the 1st March, 1909. No change is hereby entailed in the rules of procedure for the second part, especially as regards the regulations in Articles 68, 72, and 74 of the said Convention. The tribunal of arbitration has the right, when it is found necessary for the elucidation of the case, to arrange for the hearing of witnesses or experts in the presence of both parties and to order the undertaking in common of a hydrographical survey of the waters under dispute. ARTICLE 9 This Convention shall be ratified, and the ratifications exchanged as soon as possible in Stockholm. In respect whereof the respective plenipotentiaries have signed this Convention and affixed thereto their seals. Done in duplicate, in Swedish and Norwegian, at Stockholm, on the 14th March, 1908. (L. S.) ERIC TROLLE BENJAMIN VOGT ADDITIONAL DOCUMENTS His Royal Majesty's gracious resolution of March 26, 1904, with accompanying Protocol of March 15, 1904, concerning the determination of the extent of a certain part of the maritime boundary between Sweden and Norway.1 In reference to the accompanying protocol of the joint Norwegian and Swedish Council of State of March 15, 1904, as well as the extract from the protocol of the State Council regarding civil matters for this day, His Royal Majesty herewith authorizes the Riksdag to propose that the question of the extent of the maritime boundary between Sweden and Norway, from point 18 mentioned in the said protocol, and to the sea, as far as the territorial boundary extends, be referred to the decision of a special arbitral tribunal, in accordance with the text of the protocols. The authorities of the Riksdag shall appoint a committee to conduct the examination of the acts; and with all Royal grace and favor His Royal Majesty remains ever well disposed to the Riksdag. In the absence of His Majesty my Most gracious King and Lord, GUSTAF HJALMAR Westring PROTOCOL CONSIDERED IN THE JOINT NORWEGIAN AND SWEDISH STATE COUNCIL BEFORE HIS ROYAL HIGHNESS THE CROWN PRINCE REGENT AT THE CASTLE OF CHRISTIANIA, MARCH 15, 1904. Present: His Excellency the Minister of State Hagerup, his Excellency the Minister of State Ibsen, his Excellency the Minister of State Boström, his Excellency the Minister for Foreign Affairs Lagerheim, State Councilors: Kildal, Strugstad, Hauge, Schöning, Vogt, Mathiesen, and the Swedish State Councilor, Westring. The Chief of the Department of Commerce and Industry, State Councilor Schöning submitted the following: The Department takes the liberty of presenting considerations concerning measures anent the more definite fixation of national boundaries in the waters between Norway and Sweden. Maritime boundaries between the two countries running from the interior of Idefjard and out to the sea were fixed in a boundary regulation of October 26, 1661, carried out in accord with the peace treaty of Roskilde of February 26/March 9, 1658, and of Copenhagen of March 27/June 6, 1660. 1Translation. For the original Swedish text, see Appendix, p. 500. In the meantime much uncertainty has arisen regarding several points of this boundary line in view of the fact that during the long interval between 1661 and 1897 nothing was done in the matter by joint survey and investigation. In 1897 the Norwegian Department of the Interior and the Swedish Department for Civil Affairs took action whereby they might ascertain the exact course of that section of the boundary; and in the month of August of the same year two Norwegian and two Swedish commissioners met for the purpose of making a thorough search of the records and an investigation on the spot, etc., and of their presenting a proposition for the fixation and tracing upon charts of the boundary line between Norway and Sweden, from the interior of Idefjard and out into the sea. Bureau Secretary Hroar Olsen and Commander A. Rieck were the Norwegian commissioners; Commander E. Oldberg and Judge H. Westring were the Swedish commissioners. As the result of their labors and investigations, the commissioners presented on August 18, 1897, the "proposition of the Royal Swedish and Norwegian Commission for and description of the maritime boundary between Norway and Sweden from the interior of Idefjard to the sea." From this it appears, as witnessed by all four commissioners, that they had reached a unanimous conclusion regarding the boundary line from the interior of Idefjard to a point between the Jyete buoy (Norwegian) and a small Island, northwest of Narro Hellsö (Swedish), which point is numbered 18 on a draft chart accompanying the proposition, so that Helleholmen is transferred to Sweden, and Knivsöarna to Norway. Regarding the extent of the boundary line from the said point 18 even to the sea, no agreement was arrived at by the commission. The Norwegian and the Swedish members each submitted their respective proposition in reference to that part, and according to which Grisbadarna together with some shallows and ground to the north of Koster should go respectively to Norway or to Sweden. The commissioners' propositions1 together with two charts in reference thereto are subjoined.2 The Department is of opinion that the line proposed by the Norwegian and Swedish commission, from the interior of Idefjard to point 18, as indicated on the accompanying map, should be regarded as the correct boundary line. Inasmuch as with regard to the more detailed description of this line, reference is made to the proposition of the commissioners, the Department permits itself to recommend that Your Majesty approve that line as the correct boundary between the two kingdoms. Provided that Your Majesty be pleased to decide according to this recommendation, the Department assumes that subsequently 1Post, p. 138. 2Post, opposite p. 140. the royal proclamation with regard to the boundary line agreed upon, will be issued by the State Council of each of the two kingdoms. It is furthermore to be observed that it would be of importance to demarkate as soon as possible this part of the boundary line. It seems most expedient that a commissioner of each kingdom be appointed to undertake this demarkation, and the Department recommends therefore that Your Majesty approve this proposal to the effect that the State Council of each of the two kingdoms shall designate respectively one Norwegian and one Swedish commissioner. As hereinbefore stated, the Norwegian and Swedish commissioners have not been able to agree upon the matter regarding the rectification of the extent of the boundary from the said point 18 to the sea. The following is a more detailed presentation of the views held by the Norwegian and Swedish parties with regard to the disputed boundary line. NORWEGIAN VIEW From point 18, between the buoy Jyete and a small island northwest of Narra Hellsö, the line should run straight to the open sea through the center of a straight line from the southern extremity of the southernmost Norwegian Tislarön, Klöveren, to the northern extremity of the northern Koster island (Swedish), so that the boundary line run by Båtshake, and all islands situated to the north of this line, including Grisbadarna, remain Norwegian. This line is traced in red color on the chart of the commissioners, and said point between Klöveren and Koster island is indicated as point 19. SWEDISH VIEW From point 18, the boundary line should be drawn in a straight line to the open sea, through a point about 300 meters north of Rödkärs Nordgrund and therefore about midway between Grisbadarna and Skättegrund, so that all islands to the south outside of this line, water and land, including Grisbadarna, remain Swedish. Upon the chart of the commissioners this line is traced in yellow color, and the said point north of Rödkärs Nordgrund marked point 19. This Department permits itself respectfully to propose that the question of the disputed boundary line to the arbitral decision of a special tribunal, after the consent thereto shall have been given by the representatives of both kingdoms, and that the following procedure be observed: In each of the two kingdoms, the respective State Council shall appoint two judges. The judges thus designated shall mutually agree upon a fifth judge who shall at the same time act as president of the tribunal. In case of a tie, the designation of the fifth member shall be referred to such foreign chief of State as Your Majesty might request to that end. The rules of procedure of the tribunal, the deliberations as well as the place where the tribunal shall sit to be adopted by the judges themselves. The duly announced judicial decision regarding the disputed boundary line shall be binding upon both parties. Each kingdom shall meet the expenses of its own representatives, and the expenses of the fifth member, etc., shall be met in equal shares by the two kingdoms. In accordance with the foregoing, the Department takes the liberty of submitting most respectfully: That Your Majesty may most graciously resolve: (1) That the boundary line between Norway and Sweden as proposed by the joint Norwegian and Swedish commission of 1897, from the upper end of Idefjard to point 18 as shown on the two accompanying charts1 be approved according to the proposal of the commissioners; (2) That the demarkation of the said boundary line shall be undertaken by commissioners chosen for the purpose, one from each kingdom; (3) That questions concerning boundary lines between Norway and Sweden, from the aforesaid point 18 to the sea, as far as the territorial boundary extends shall be referred to the decision of a special arbitral tribunal, in accordance with what is hereinbefore stated, provided the representatives of the two kingdoms consent thereto. The Swedish members of the State Council have concurred in what the present reporter has hereinbefore submitted as to the approval of the boundary lines proposed by the Swedish and Norwegian commissioners, from the upper end of Idefjard to the said point 18, including the demarkation of the boundary line. Regarding the section of the boundary line from point 18 to the sea as far as the territorial boundary, those members declare that in several statements that have been sent in regarding this matter, suggestions have been made regarding the boundary according to which this line would in part be moved still further north than proposed by the Swedish commissioners. Expressing in regard to this the opinion that the proposal to submit to a special arbitral tribunal the decision as to 1Post, opposite p. 140. |