No. 15 NAI NEBB Box 25
DUBLIN, 10 January 1923
The Boundary Commission derives its authority from the Treaty and should be treated in all respects as an international Commission.
The first step of our Government towards the setting up of the Commission would be to communicate with the British Government stating that they were proceeding to select their member on the Boundary Commission and asking the British Government to call upon the Government of Northern Ireland t appoint its representative and to appoint the Chairman.
The general arrangements as to the place of meeting, staff, procedure and other preliminary matters should then be made by the Chairman, in consultation with the Governments interested.
As to the appointment of a representative there is varying practice. The best course appears to be to appoint a person of recognised judicial capacity, who, although the representative of the Government interested, is distinct from an advocate. The case can then be supported by an advocate according to the ordinary practices of judicial tribunals.
The procedure usually followed by Boundary Commissions is substantially that laid down for the Hague Arbitration Court for International Arbitrations; that is to say, the case should be put forward in writing on behalf of each Government which appears as a claimant before the Commission. The investigation of these cases forms the subject of the enquiry and they should be supported by the documents on which they rely annexed to the cases when furnished.
A verbal statement of the case on behalf of each party may be made by their representatives, but this is sometimes considered unnecessary.
The procedure to be followed by the Commission in investigating the cases put forward is to be determined by the Commission itself. It may visit the locality, take plebiscites, call experts on economic and geographic conditions or hear any other parties who in the opinion of the Commission could assist them in coming to their decision.
Their decision when arrived at is, of course, binding on the parties who submitted their cases for adjudication.
Mise, le meas,
[copy letter unsigned]
The Royal Irish Academy's Documents on Irish Foreign Policy series has published an eBook of confidential correspondence on the 1921 Anglo-Irish Treaty negotiations.
The international network of Editors of Diplomatic Documents was founded in 1988. Delegations from different parts of the world met for the first time in London in 1989.
Read more ....