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The references in the margin of the ('ase, except where they are to published works, itre to
References to Maps are to the Atlas accompanying the case.
OCT 31 1928
“ Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the l'nited States of 10 Venezuela, being desirous to provide for an amicable settlement of the question which has arisen between their respective Governments concerning the boundary between the Colony of British Guiana and the Cniteil States of Venezuela, have resolved to submit to arbitration the question involved, and to the end of concluding a Treaty for that purpose have appointed as their respective Plenipotentiaries:
“ Her Majesty the Queen of the United Kingdom of
* And the President of the United States of Venezuela,
30 ** \lho, having communicated to each other their respective full powers, which were found to be in lue
and proper torm, have agreed to and concluded the following Articles :
" ARTICLE I.
“ An Arbitral Tribunal shall be immediately ap5 pointed to determine the boundary-line between the
Colony of British Guiana and the United States of
“The Tribunal shall consist of five Jurists: two on 10 the part of Great Britain, nominated by the Members
of the Judicial Committee of Her Majesty's Privy Council, namely, the Right Honourable Baron Herschell, Knight Grand Cross of the Most Honourable Order of
the Bath, and the Honourable Sir Richard Henn 15 Collins, Knight, one of the Justices of Her Britannic
Majesty's Supreme Court of Judicature; two on the part of Venezuela, nominated, one by the President of the United States of Venezuela, namely, the Honourable
Melville Weston Fuller, Chief Justice of the United 20 States of America, and one nominated by the Justices
of the Supreme Court of the United States of America, namely, the Honourable David Josiah Brewer, a Justice of the Supreme Court of the United States of America ;
and of a fifth Jurist to be selected by the four persons 25 so nominated, or in the event of their failure to agree
within three months fiom the date of the exchange of ratifications of the present Treaty, to be selected by His Majesty the King of Sweden and Norway.
The Jurist so selected shall be President of the 30 Tribunal.
- In case of the death, absence, or incapacity to serve of any of the four Arbitrators above named, or in the event of any such Arbitrator omitting or declining
or ceasing to act as such, another Jurist of repute shall 35 be forthwith substituted in his place. If such vacancy
shall occur among those nominated on the part of Great Britain, the substitute shall be appointed by the members for the time being of the Judicial Committee
of ller Majesty's Privy Council, acting by a majority, 40 and it among those nominated on the part of Venezuela,
he shall be appointed by the Justices of the Supreme Court of the United States, acting by a majority. If such vacancy shall occur in the case of the fifth
Arbitrator, a substitute shall be selected in the manner 45 herein provided for with regard to the original
6 ARTICLE III.
"The Tribunal shall investigate and ascertain the
extent of the territories belonging to, or that might 50 lawfully be claimed by, the United Netherlands or by
the Kingdom of Spain respectively at the time of the acquisition by Great Britain of the Colony of British
Guiana, and shall determine the boundary-line between the Colony of British Guiana and the United States of Venezuela.
“ ARTICLE IV.
“In deciding the matters submitted, the Arbitrators 5 shall ascertain all facts which they deem necessary to a decision of the controversy, and shall be governed by the following Rules, which are agreed upon by the High Contracting Parties as Rules to be taken as applicable to the case, and by such principles of inter- 10 national law not inconsistent there with as the Arbitrators shall determine to be applicable to the case :
“(a.) Adverse holding or prescription during a period of fifty years shall make a good title. The 15 Arbitrators may deem exclusive political control of a district, as well as actual settlement thereof, sufficient to constitute adverse holding or to make title by prescription.
“ (6.) Thre Arbitrators may recognize and give effect 20 to rights and claims resting on any other ground whatever valid according to international law, and on any principles of international law which the Arbitrators may deem to be applicable to the case, and which are not in contravention of the foregoing Rule.
25 “ (c.) In determining the boundary-line, if territory of one party be found by the Tribunal to have been at the date of this Treaty in the occupation of the subjects or citizens of the other party, such effect shall be given to such occupation as reason, justice, the principles of 30 international law, and the equities of the case shall, in the opinion of the Tribunal, require.”
“ ARTICLE V.
“ The Arbitrators shall rneet at Paris, within sixty days after the delivery of the printed arguments 35 mentioned in Article VIII, and shall proceed impartially and carefully to examine and decide the questions that have been, or shall be, laid before them, as herein provided, on the part of the Governments of Her Britannic Majesty and the United States of Venezuela 40 respectively.
“Provided always that the Arbitrators may, if they shall think fit, hold their meetings, or any of them, at any other place which they may determine.
“ All questions considered by the Tribunal, including 45 the final decision, shall be determined by a majority of all the Arbitrators.
“ Each of the High Contracting Parties shall name one person as its Agent to attend the Tribunal, and to represent it generally in all matters connected with the 50 Tribunal.