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PROVISIONS OF THE SPECIAL AGREEMENT BETWEEN
CONCLUDED JANUARY 27, 1909
WASHINGTON, D. Co
CONTENTS OF THE CASE.
THE CASE OF THE UNITED STATES.
In the general arbitration treaty entered into by the United States and Great Britain on April 4, 1908, it was agreed :
Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th of July, 1899, provided nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.
In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the
powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof; His Majesty's Government reserving the right before concluding a special agreement in any matter affecting the interests of a selfgoverning Dominion of the British Empire to obtain the concurrence therein of the Government of that Dominion.
Such Agreements shall be binding only when confirmed by the two Governments by an Exchange of Notes.
Subsequently, the United States and Great Britain as signatory parties to the Convention for the pacific settlement of international disputes entered into on the 18th day of October, 1907, agreed, by Article 91 thereof, that such Convention duly ratified “shall replace as between the Contracting Powers the Convention for the pacific settlement of international disputes of July 29, 1899," and such Convention has since been duly ratified by the United States and Great Britain.