948 



Article IX 

 In considering claims under this Agreement, the Board shall also 



(a) international conventions, whether general or particular, 

 establishing rules expressly recognized by the two States, includ- 

 ing bilateral and multilateral agreements between the two Gov- 

 ernments dealing with fisheries and maritime matters; and 



(b) international custom, as evidence of a general practice 

 accepted as law. 



Article X 



1. Without prejudice to an agreement for binding arbitration under 

 Article V and subject to Article VII, nothing in this Agreement shall 

 preempt, prejudice, or in any other way affect judicial proceedings, 

 or the right to institute such proceedings, 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. No claim shall be brought between the parties the substance of 

 which has been or is being adjudicated or arbitrated, nor shall the 

 Board continue conciliation proceedings regarding a claim in respect 

 to which judicial proceedings are instituted. The Board may also 

 refuse to consider a claim for other reasons. 



3. The Board shall immediately terminate conciliation proceedings 

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

 to arbitrate. 



Article XI 



Each Government shall pay all the expenses, including compensa- 

 tion, of the members it appoints to the Board and of any technical 

 experts it appoints, and advisers it designates. The two Governments 

 will share equally all the administrative 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. 



Article XII 



At the request of either Government, representatives of the two 

 Governments shall meet to review the operation of this Agreement and 

 to consider proposals for revision. 



Article XIII 



This Agreement shall enter into force upon signature. It shall remain 

 in force for two^ years, and thereafter until the sixtieth day following 

 the day on which one Government gives the other Government notice 

 of termination, provided that the effect of this Agreement shall in any 

 event continue until the conclusion of conciliation proceedings and 

 arbitrations instituted prior to its termination, unless otherwise agreed 

 by the two Governments. 



In witness whereof, the undersigned, being duly authorized for 

 this purpose, have signed this Agreement. 



