REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL …

1 REPORTS OF INTERNATIONALARBITRAL AWARDSRECUEIL DES SENTENCESARBITRALESI sland of Palmas case ( netherlands , USA)4 April 1928II pp. 829-871 VOLUMENATIONS UNIES - UNITED NATIONSC opyright (c) OF PALMAS : netherlands , AGREEMENT: January 23, : Max Huber (Switzerland).AWARD: The hague , April, sovereignty. Contiguity and title to territory. Continuousand peaceful display of sovereignty. The "intertemporal" law. Rulesof evidence in INTERNATIONAL proceedings. Maps as evidence. Inchoatetitle. Passivity in relation to occupation. Dutch East India Companyas subject of INTERNATIONAL law.

2 Treaties with native princes. Subsequentpractice as an element of For bibliography, index and tables, see Volume Agreement.[See beginning of Award below.]AWARD OF THE of the tribunal of arbitration tendered in conformity with the special agreementconcluded an January 23, 1925, between the United States of America and theNetherlands relating to the arbitratiov. of differences respecting sovereignty overthe Island ofPalmas [or Miangas). The hague . April 4, agreement relating to the arbitration of differences respecting sover-eignty over the Island of Palmas (or Miangas) was signed by the UnitedStates oi" America and the netherlands on January 23rd, 1925.]

3 The text ofthe agreement runs as follows :The United States of America and Her Majesty the Queen of theNetherlands,Desiring to terminate in accordance with the principles of Inter-national Law and any applicable treaty provisions the differences whichhave arisen and now subsist between them with respect to the sover-eignty over the Island of Palmas (or Miangas) situated approximatelyfifty miles south-east from Cape San Augustin, Island of Mindanao, atabout five degrees and thirty-five minutes (5 35') north latitude, onehundred and twenty-six degrees and thirty-six minutes (126 36')

4 Longi-tude east from Greenwich;Considering that these differences belong to those which, pursuantto Article I of the Arbitration Convention concluded by the two highcontracting parties on May 2, 1908, and renewed by agreements, datedMay 9, 1914, March 8, 1919, and February 13, 1924, respectively,might well be submitted to arbitration,Have appointed as their respective plenipotentiaries for the purposeof concluding the following special agreement:The President of the United States of America : Charles EvansHughes, Secretary of State of the United States of America, andHer Majesty the Queen of the netherlands : Jonkheer Dr.

5 A. C. Graeff, Her Majesty's Envoy Extraordinary and Minister Pleni-potentiary at Washington,Who, after exhibiting to eacli other their respective full powers,which were found to be in due and proper form, have agreed upon thefollowing articles:Article United States of America and Her Majesty the Queen of theNetherlands hereby agree to refer the decision of the above-mentioned832 ISLAND OF PALMAS CASE ( )differences to the Permanent Court of Arbitration at The ARBITRAL tribunal shall consist of one sole duty of the Arbitrator shall be to determine whether theIsland of Palmas (or Miangas)

6 In its entirety forms a part of territorybelonging to the United States of America or of netherlands two Governments shall designate the Arbitrator from the mem-bers of the Permanent Court of Arbitration. If they shall be unableto agree on such designation, they shall unite in requesting the Presidentof the Swiss Confederation to designate the six months after the exchange of ratifications of this specialagreement, each Government shall present to the other party twoprinted copies of a memorandum containing a statement of its conten-tions and the documents in support thereof.

7 It shall be sufficient forthis purpose if the copies aforesaid are delivered by the Governmentof the United States at the netherlands Legation at Washington andby the netherlands Government at the American Legation at TheHague, for transmission. As soon thereafter as possible and withinthirty days, each party shall transmit two printed copies of its memo-randum to the INTERNATIONAL Bureau of the Permanent Court of Arbi-tration for delivery to the six months after the expiration of the period above fixed forthe delivery of the memoranda to the parties, each party may, if it isdeemed advisable, transmit to the other two printed copies of a counter-memorandum and any documents in support thereof in answer to thememorandum of the other party.

8 The copies of the counter-memo-randum shall be delivered to the parties, and within thirty days there-after to the Arbitrator, in the manner provided for in the foregoingparagraph respecting the delivery of the instance of one or both of the parties, the Arbitrator shall haveauthority, after hearing both parties and for good cause shown, toextend the above-mentioned the exchange of the counter-memoranda, the case shall bedeemed closed unless the Arbitrator applies to either or both of theparties for further written case the Arbitrator makes such a request on either party, he shalldo so through the INTERNATIONAL Bureau of the Permanent Court ofArbitration which shall communicate a copy of his request to the otherparty.

9 The party addressed shall be allowed for reply three monthsfrom the date of the receipt of the Arbitrator's request, which date shallbe at once communicated to the other party and to the InternationalBureau. Such reply shall be communicated to the other party andwithin thirty days thereafter to the Arbitrator in the manner providedfor above for the delivery of memoranda, and the opposite party may ifit is deemed advisable, have a further period of three months to makerejoinder thereto, which shall be communicated in like Arbitrator shall notify both parties through the InternationalBureau of the date upon which, in accordance with the foregoing pro-ISLAND OF PALMAS C\SE ( )

10 833visions, the case is closed, so far as the presentation of memoranda andevidence by either party is parties shall be at liberty to use. in the course of arbitration, theEnglish or netherlands language or the native language of the Arbi-trator. If either party uses the English or netherlands language, atranslation into the native language of the Arbitrator shall be furnishedif desired by Arbitrator shall be at liberty to use his native language or theEnglish or netherlands language in the course of the arbitration andthe award and opinion accompanying it may be in any one of Arbitrator shall decide any questions of procedure which mayarise during the course of the after the exchange of ratifications of this special agree-ment each party shall place in (he hands of the Arbitrator the sum ofone hundred pounds)