the public authorities at the neutral port or ports of lading |_ declaring that the destination of the ship is not a belligerent port, and that there are neither contraband nor belligerent troops on board, shall be an absolute bar to further stoppage. 5. The signatories to the present convention pledge themselves to make the necessary arrangements at all their seaports to enable full effect to be given to this article.1 1 See observation in note 1 on previous page. 14. FORM OF AGREEMENT AS TO THE PROCLAMATIONS OF NEUTRALISATION Considering that Art. 10 of the General Act of Berlin of Feb. 26, 1885, provides that: "In order to give a new guarantee of security to trade and industry, and to encourage by the maintenance of peace the development of civilisation in the countries mentioned in Article I.,1 and placed under the free-trade system, the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to respect the neutrality of the territories or portions of territories, belonging to the said countries, comprising therein the territorial waters, so long as the Powers which exercise or shall exercise the rights of Sovereignty or Protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfil the duties which neutrality requires." 1 This Article extends the application of the free-trade declaration to all the territories forming the basin of the Congo and its tributaries. It adds a zone eastwards of the Congo Basin to the Indian Ocean, and concludes as follows: "It is agreed that, in extending the principle of free trade to this eastern zone, the Powers represented at the Conference only enter into an undertaking for themselves, and that this principle does not apply to territory belonging at present to any independent and sovereign State without its consent. The Powers undertake to employ their good offices with the Governments established on the African shore of the Indian Ocean with a view to obtaining their consent thereto, and, in any case, to assure the most favourable conditions of transit for all nations." But that no provision has been made for the mode in which notice of such a proclamation of neutralisation shall be given; 2 2 The provision made for notice in case of occupation is as follows: "Any Power which shall henceforth take possession of any territory on the shores of the African Continent, situate outside its present possessions, or which, until now, having none, shall come to acquire any such possessions, and any Power which shall assume a protectorate, shall accompany the document relating thereto by a notification addressed to the other Powers, signatories to the present Act, in order to enable them, if need be, to make good any claims" (Art. 34). "In case a Power exercising rights of Sovereignty or Protectorate in the countries mentioned in Article I., and placed under the free-trade system, should be involved in a war, then the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to lend their good offices in order that the territories belonging to this Power and comprised in the conventional free-trade zone shall, by the common consent of this Power and of the other belligerent or belligerents, be placed during the war under the rule of neutrality, and considered as belonging to a nonbelligerent State, the belligerents thenceforth abstaining from extending hostilities to the territories thus neutralised, and from using them as a basis for war-like operations." 15. DRAFT PROTOCOL FOR THE INSTITUTION OF AN INTERNATIONAL COM MISSION ON MILITARY AND NAVAL ARMAMENTS AND BUDGETS (in case any great Power should not be prepared to sign a treaty on the subject) The Governments of Great Britain, France, Germany, Austria, Italy, Russia, and the United States not having been able to agree on a satisfactory basis of arrangement for giving effect to the following resolution and van adopted at The Hague Conference of 1899: [Resolution.] "The Conference is of opinion that the restriction of military budgets, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind"; [Vœu.] "That Governments, taking into account the proposals made at the Conference, should examine the possibility of an understanding concerning the limitation of military and naval armaments, and of war budgets"; but being desirous of giving all possible effect at a future Conference to the great and useful object contemplated by the above resolution and vau, agree as follows: (1) The question of restricting military budgets and military and naval armaments shall be submitted to examination by a Commission of experts to be composed of four representatives for each of the above Governments--the said representatives to be experts respectively in military, naval, and financial matters, and in International Law; (2) A full report of the discussions of the Commission shall be printed at the expense of the Powers concerned; but any Government represented shall be entitled to have any statements made in its behalf excluded from the report. (3) The British Government is entrusted with the convening of the Commission, which shall meet in London not later than one year from the date of this protocol. 16. DRAFT PROTOCOL FOR THE INSTITUTION OF A COMMISSION TO CONSIDER The Governments of the Powers represented at the present Conference having found it impossible to deal with many of the questions which have been raised thereat, but wishing to give every possible facility for their discussion at a future Conference, and to take advantage of the interval for the purpose of formulating and co-ordinating the different suggestions which have been made, agree to refer all such matters for consideration to an international Commission, which shall be formed and carry on its examination of the questions submitted to it in accordance with the following provisions : 1. The Commission shall be composed of one member for each sovereign Power. 2. At each session the Commission shall elect a Chairman, whose functions as such expire with the closing thereof. 3. It shall be competent for the Commission to submit special points for advice thereupon to the Institute of International Law, the International Law Association, and any other scientific or expert bodies. 4. Reports and recommendations shall be signed by those who approve them, but shall have no binding force on the Governments represented by the delegates thus signing. 5. The calling of meetings and all matters relating to their accommodation shall be entrusted to the Dutch Government. The expenditure occasioned shall be reimbursed to the Dutch Government by the different States concerned in the proportions fixed for the International Bureau of the Universal Postal Union. |