881 



(d) judicial decisions and the teachings of the most highly 

 qualified publicists of the various nations, as subsidiary means 

 for the determination of rules of law. 



SECTIOlSr VIII 



Other Remedies 



1. Nothing in this Annex shall preempt, prejudice, or in any other 

 way affect judicial proceedings, or the right to institute such proceed- 

 ings, or in any way prejudice or affect the substantive or procedural 

 rights of any person, whether or not such person appears before or 

 participates in the proceedings of the Board. 



2. ISTo claim shall be brought the substance of which has been or is 

 being adjudicated or arbitrated between the parties. The Board may 

 refuse to consider a claim on the grounds that it should be joined to 

 an existing judicial proceeding involving substantially the same issues 

 and in which the law applicable to such judicial proceeding appears to 

 permit such joinder. 



3. The Board shall immediately suspend conciliation proceedings re- 

 garding a claim in respect to which judicial proceedings are instituted, 

 unless the court before which the proceedings are pending determines, 

 in the exercise of its lawful authority, that the parties may contmue to 

 proceed before the Board. 



4. The Board shall immediately terminate conciliation proceedings 

 regarding a claim in respect to which there is a binding agreement to 

 arbitrate. 



SECTION" IX 



Fwnding 



Each Government shall pay all expenses, including compensation, of 

 the members it appoints to the Board and of any technical advisers it 

 appoints. The two Governments will share equally all the administra- 

 tive and operational costs of the Board. Such costs do not include 

 expenses related to the presentation or production of evidence or the 

 appearance of witnesses. 



SECTIOlSr X 



Termination 



This Annex shall remain in force until the conclusion of concilia- 

 tion and Section VI proceedings instituted prior to July 1, 1975 or 

 prior to the last day of the two-month termination period specified in 

 Article 11 of the Agreement if the Annex or Agreement is terminated 

 in this manner. 



Annex II 



Scheme of Joint Enforcement Betioeen the United States of America 

 and the Polish People^s RepuUic, Regarding Fisheries in the West- 

 tern Region of the Middle Atlantic Ocean 



Pursuant to Article 9 of this Agreement, the following are arrange- 

 ments for a voluntary joint enforcement scheme for the purpose^of 

 ensuring the application of the Agreement. 



(1) Control shall be carried out by inspectors of the national fish- 

 Gvj services of the two Governments. The names of the inspectors ap- 

 pointed for that purpose by their respective Governments shall be 

 notified to the other Government. 



