of the losses and damages sustained by the private parties interested in the vessel and its voyage, by reason of the capture and seizure of the "Carthage."

There is no reason to comply with the other claims contained in the motions of the two parties.

Done at The Hague, in the building of the Permanent Court of Arbitration, May 6, 1913.

President: HJ. L. HAMMARSKJÖLD Secretary General: MICHIELS VAN VERDUYNEN Secretary: RÖELL

XIV

FRANCE AND ITALY

THE TAVIGNANO

COMPROMIS, NOVEMBER 8, 1912

SESSIONS, APRIL 26, 1913-MAY 3, 1913, THE HAGUE

AWARD, NOT RENDERED, SETTLED DIRECTLY BY AGREEMENT OF PARTIES ARBITRATORS, HAMMARSKJÖLD, FUSINATO, KRIEGE, RENAULT, TAUBE

The Governments of France and Italy made an agreement on April 15, 1912

1. To submit to an International Commission of Inquiry the questions raised by the seizure of the French steamer, “Tavignano by the Italian torpedo boat "Fulmine" on January 25, 1912 in the neighborhood of Raz-Zira and upon the subject of the shots fired by the Italian torpedo boat "Canopo," on the same day and in the same neighborhood upon the two Tunisian mahones, “Kamouna" and "Gaulois."

2. To transmit if there is reason, the result of the inquiry to the Arbitral Tribunal charged with the determination upon the cases of the "Carthage" and "Manouba," in order that a decision may be pronounced upon the questions of law, that the responsibility may be fixed and that the proper moral and material reparation may be determined.

The Commission of Inquiry1 made its report on July 23, 1912. The two Governments, unable upon the basis of this report to come to an understanding for the establishing of a direct agreement with a view to a final solution, agreed by a compromis of November 8, 1912, to intrust to the Tribunal charged with the decision upon

1 Captains, J. R. Seagrave (British Navy), President, Th. Somborn (French Navy), G. Genoese Zerbi (Italian Navy), and Lieutenant L. H. Violette (French Navy), French Secretary, and M. Gravina (Italian Navy), Italian Secretary.

the cases of the "Carthage" and of the "Manouba" the duty of deciding upon the events relating to the seizure of the French steamer "Tavignano" and the firing of the shots at the Tunisian mahones, in order to pronounce on the questions of law, to fix the responsibilities and to determine the proper moral and material reparation.

According to the terms of the compromis, as to what concerned the questions raised by the two incidents, the Tribunal was to take into account the report presented by the International Commission of Inquiry on July 23, 1912, as well as the procès-verbaux of this Commission.

On April 26, 1913, the President of the Arbitral Tribunal pronounced the arguments closed on the case of the "Carthage" and on the case of the "Manouba."

By a note dated May 2, the agents announced to the Tribunal that the Governments had reached an agreement to settle directly the matters of the "Tavignano," and the Tunisian mahones, "Kamouna" and "Gaulois," and they requested to be allowed to give notice of this communication and consequently to be dismissed from the case.

The meeting on May 3 took notice of the common declaration of the agents of the two parties and dismissed the case of the "Tavignano" and of the Tunisian mahones.2

1 Rapport du Conseil Administratif de la Cour Permanente d'Arbitrage, Treizième Année, pp. 11-13.

XV

NETHERLANDS AND PORTUGAL

DUTCH-PORTUGUESE BOUNDARIES IN THE ISLAND OF TIMOR

COMPROMIS, APRIL 3, 1913

SESSIONS, FIRST STATEMENTS SUBMITTED OCTOBER 30, 1913, SECOND STATEMENTS MARCH 30, 1914; PARIS

AWARD, JUNE 25, 1914

ARBITRATOR, LARDY

COMPROMIS D'ARBITRAGE SIGNE À LA HAYE LE 3 AVRIL 1913

Sa Majesté la Reine des Pays-Bas et le Président de la République Portugaise considérant que l'exécution de la Convention conclue entre les Pays-Bas et le Portugal à La Haye le 1o octobre 1904, concernant la délimitation des possessions néerlandaises et portugaises dans l'île de Timor, a fait naître un différend au sujet de l'arpentage de la partie de la limite visée à l'article 3, 10° de cette Convention;

désirant mettre fin à l'amiable à ce différend;

vus l'article 14 de la dite Convention et l'article 38 de la Convention pour le règlement pacifique des conflits internationaux conclue à La Haye le 18 octobre 1907;

ont nommé pour Leurs plénipotentiaires, savoir:

lesquels, dûment autorisés à cet effet, sont convenus des articles suivants :

ARTICLE 1er

Le Gouvernement de Sa Majesté la Reine des Pays-Bas et le Gouvernement de la République Portugaise conviennent de sou

COMPROMIS OF ARBITRATION SIGNED AT THE HAGUE, APRIL 3, 1913

Her Majesty the Queen of the Netherlands and the President of the Portuguese Republic, considering that the execution of the Convention concluded between the Netherlands and Portugal at The Hague October 1, 1904, concerning the delimitation of Dutch and Portuguese possessions in the island of Timor, has given rise to a dispute on the subject of the survey of the part of the boundary considered in article 3, number 10, of that Convention;

wishing to put an end to this dispute amicably;

according to article 13 of the said Convention, and article 38 of the Convention for the pacific settlement of international disputes concluded at The Hague October 18, 1907;

have named as their plenipotentiaries, to wit;

who, duly authorized to this end, have agreed upon the following articles:

ARTICLE I

The Government of Her Majesty the Queen of the Netherlands and the Government of the Portuguese Republic agree to submit