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SubscribeConvention respecting the limitation of the employment of force for recovery of contract debts
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Argentina | Yes | No |
| Belarus | Yes | No |
| Bolivia | Yes | No |
| Colombia | Yes | No |
| Dominican Republic | Yes | No |
| Ecuador | Yes | No |
| El Salvador | Yes | No |
| Greece | Yes | No |
| Guatemala | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Nicaragua | Yes | No |
| Peru | Yes | No |
| Russian Federation | Yes | No |
| Ukraine | Yes | No |
| United States of America | Yes | No |
| Uruguay | Yes | No |
Argentina
18-10-1907
The Argentine Republic makes the following reservations:
1. With regard to debts arising from standard contracts between a national of one
country and the government of a foreign country, arbitration will only be resorted
to in the event of denial of legal protection by the courts of the country in which
the contract was concluded, where legal remedies must first have been exhausted.
2. Public loans involving the emission of bonds, constituting the national debt, may
not in any circumstances give rise to military aggression or to the material occupation
of land belonging to any nation in the Americas.
Belarus
04-06-1962
The Government of the Belorussian Soviet Socialist Republic recognises the Hague Conventions and Declarations of 1899 and 1907 as ratified by Russia and considers itself a party to them to the extent that they do not conflict with subsequent international agreements to which the Belorussian Soviet Socialist Republic is party.
Bolivia
18-10-1907
Subject to the reservation expressed in the First Committee:
The Bolivian delegation regrets that it will not be able to give its full assent to
the proposal under discussion.
Colombia
18-10-1907
Colombia makes the following reservations: It does not accept in any circumstances the employment of force for the recovery of debts, whatever their nature. It only accepts arbitration after a definitive judgment has been rendered by the courts of the debtor countries.
Dominican Republic
18-10-1907
Subject to the reservation expressed in the plenary session of 16 October 1907:
The delegation of the Dominican Republic will confirm its vote in favour of the proposal
by the delegation of the United States of America regarding the limitation of the
employment of armed force for the recovery of contract debts. However, it wishes to
reaffirm its reservation with regard to the condition implied by this part of the
sentence, which, were it to be accepted, would make compromises impossible. The interpretation
of this wording could lead to extreme consequences, which would be all the more regrettable
because they have been foreseen and avoided in the wording of article 53 of the new
Convention for the Pacific Settlement of International Disputes.
Ecuador
18-10-1907
Subject to the reservations made in the plenary session of 16 October 1907:
The Ecuadorian delegation will vote in favour, while maintaining the reservations
that it made in the First Committee.
The minutes of the meeting of this Committee of 9 October 1907 contain the following
remark: 'Ecuador voted in favour, with a reservation concerning the second paragraph
[i.e. of Article 1].'
El Salvador
27-11-1909
Subject to the following reservations:
1. With regard to debts arising from standard contracts between a national of one
country and the government of a foreign country, arbitration will only be resorted
to in the event of denial of legal protection by the courts of the country in which
the contract was concluded, where legal remedies must first have been exhausted.
2. Public loans involving the emission of bonds, constituting the national debt, may
not in any circumstances give rise to military aggression or to the material occupation
of land belonging to any nation in the Americas.
Greece
18-10-1907
Subject to the reservation made in the plenary session of 16 October:
We consider [...] that the provisions of paragraphs 2 and 3 of the text as adopted
may not supersede any existing agreements or any laws in force in the Kingdom.
Guatemala
15-03-1911
Subject to the following reservations:
1. With regard to debts arising from standard contracts between the nationals of one
country and the government of a foreign country, arbitration will only be resorted
to in the event of denial of legal protection by the courts of the country in which
the contract was concluded, where legal remedies must first have been exhausted.
2. Public loans involving the emission of bonds, constituting the national debt, may
not in any circumstances give rise to military aggression or to the material occupation
of land belonging to any nation in the Americas.
Netherlands, the Kingdom of the
13-01-1986
On 1 January 1986 the island of Aruba, which was a part of the Netherlands Antilles,
has obtained internal autonomy as a country within the Kingdom of the Netherlands.
Consequently, the Kingdom consists of three countries, namely the Netherlands (the
European part of the Kingdom), the Netherlands Antilles (without Aruba) and Aruba.
As the changes of 1 January 1986 concern a shift only in the internal constitutional
relations within the Kingdom of the Netherlands, and the Kingdom as such will remain
the subject of international law with which treaties are concluded, the said changes
will have no consequences regarding this Convention, concluded by the Kingdom, which
was applicable to the Netherlands Antilles, included Aruba. This Convention remains
in force for the Netherlands (European part), the Netherlands Antilles and for Aruba
in its new capacity of country within the Kingdom.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal
self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands
Antilles do.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded. The modification
of the structure of the Kingdom will therefore not affect the validity of the international
agreements ratified by the Kingdom for the Netherlands Antilles. These agreements,
including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint
Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean
part of the Netherlands'. The agreements that applied to the Netherlands Antilles
will also continue to apply to these islands; however, the Government of the Netherlands
will now be responsible for implementing these agreements.
Nicaragua
16-12-1909
Subject to the following reservations:
1. With regard to debts arising from standard contracts between a national of one
country and the government of a foreign country, arbitration will only be resorted
to in the event of denial of legal protection by the courts of the country in which
the contract was concluded, where legal remedies must first have been exhausted.
2. Public loans involving the emission of bonds, constituting the national debt, may
not in any circumstances give rise to military aggression or to the material occupation
of land belonging to any nation in the Americas.
Peru
18-10-1907
With the reservation that the principles established in this Convention may not be applied to claims or disputes arising from contracts concluded by a country with foreign nationals, when it is expressly provided in those contracts that claims or disputes arising from them must be submitted to the judges and courts of that country.
Russian Federation
07-03-1955
The Government of the Union of Soviet Socialist Republics recognises the Hague Conventions and Declarations of 1899 and 1907 as ratified by Russia, to the extent that the said Conventions and Declarations do not conflict with the Charter of the United Nations and provided that they have not been amended or superseded by subsequent international agreements to which the USSR is a party, such as the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and of Bacteriological Means and the 1949 Geneva Conventions for the Protection of Victims of War.
Ukraine
29-05-2015
According to Article 7 of the Law of Ukraine on Succession of Ukraine of 12 September
1991 Ukraine is a successor of rights and obligations under international treaties
of the Union of Soviet Socialist Republics unless they are in conflict with the Constitution
of Ukraine and interests of the State.
Taking into account the aforementioned and without prejudice to the Note of the Ministry
of Foreign Affairs of the Ukrainian SSR dated 4 April 1962 No. 39 addressed to the
Embassy of the Kingdom of the Netherlands in Moscow, the Ukrainian Side confirms validity
for Ukraine, by way of succession and as from the date of succession on 24 August
1991, of the 1899 and 1907 Hague Conventions and Declarations recognised by the former
USSR in the format and scope as envisaged by the Note of the Ministry of Foreign Affairs
of the USSR dated 7 March 1955 No. 67/I addressed to the Embassy of the Kingdom of
the Netherlands in Moscow.
United States of America
27-11-1909
(...) that the United States approves this convention with the understanding that recourse to the permanent court for the settlement of the differences referred to in the said convention can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute.
Uruguay
18-10-1907
With a reservation concerning the second paragraph of Article 1, because the delegation considers that arbitration may always be rejected ex lege if either the fundamental law of the debtor country, existing prior to the contract under which the uncertainty or dispute has arisen, or the contract itself provides that these uncertainties or disputes will be adjudicated by the courts of that country.