Professional Documents
Culture Documents
Ozawa
Visit to download the full and correct content document:
https://ebookmass.com/product/advances-in-power-boilers-mamoru-ozawa/
Advances in Power Boilers
JSME Series in Thermal and Nuclear
Power Generation
Advances in Power
Boilers
Edited by
Mamoru Ozawa
Faculty of Societal Safety Sciences,
Kansai University, Osaka, Japan
Hitoshi Asano
Kobe University, Kobe, Japan
Series Editor
Yasuo Koizumi
The University of Electro-Communications,
Chofu, Tokyo, Japan
Elsevier
Radarweg 29, PO Box 211, 1000 AE Amsterdam, Netherlands
The Boulevard, Langford Lane, Kidlington, Oxford OX5 1GB, United Kingdom
50 Hampshire Street, 5th Floor, Cambridge, MA 02139, United States
Copyright © 2021 Elsevier Inc. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording, or any information storage and
retrieval system, without permission in writing from the publisher. Details on how to seek
permission, further information about the Publisher’s permissions policies and our
arrangements with organizations such as the Copyright Clearance Center and the Copyright
Licensing Agency, can be found at our website: www.elsevier.com/permissions.
This book and the individual contributions contained in it are protected under copyright by
the Publisher (other than as may be noted herein).
Notices
Knowledge and best practice in this field are constantly changing. As new research and
experience broaden our understanding, changes in research methods, professional practices,
or medical treatment may become necessary.
Practitioners and researchers must always rely on their own experience and knowledge in
evaluating and using any information, methods, compounds, or experiments described
herein. In using such information or methods they should be mindful of their own safety
and the safety of others, including parties for whom they have a professional responsibility.
To the fullest extent of the law, neither the Publisher nor the authors, contributors, or
editors, assume any liability for any injury and/or damage to persons or property as a matter
of products liability, negligence or otherwise, or from any use or operation of any methods,
products, instructions, or ideas contained in the material herein.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book is available from the Library of Congress
ISBN: 978-0-12-820360-6
List of contributors ix
About the editors xi
Preface of JSME Series in Thermal and Nuclear Power Generation xiii
Preface to Volume 2: Advances in Power Boilers xvii
2 Introduction to boilers 57
Mamoru Ozawa
2.1 Start of steam application to pumping water 57
2.2 Dawn of steam power 59
2.3 Classification of boilers 61
2.4 History of boiler development 61
2.5 Historical development of power generation boilers in Japan 99
2.6 Similarity law in boiler furnace and other various important issues 99
References 103
Index 479
List of contributors
Saburo Hara Central Research Institute of Electric Power Industry, Tokyo, Japan
Jun Inumaru Central Research Institute of Electric Power Industry, Tokyo, Japan
Naoki Noda Central Research Institute of Electric Power Industry, Tokyo, Japan
Hiromi Shirai Central Research Institute of Electric Power Industry, Tokyo, Japan
Electric power supply is a fundamental and principal infrastructure for modern soci-
ety. Modern society uses power generation through heat. This series of books consists
of eight volumes describing thermal and nuclear power generation, taking Japan as
the example, and referring the other countries. The Volume 1 discusses how power
supply is attained historically, focusing on the thermal and the nuclear power genera-
tion along with minimum-required scientific and technological fundamentals to
understand this series of books. Then, the present status of the thermal and the
nuclear power generation technique is displayed in detail in Volumes 2 through 8.
The rehabilitation and reconstruction of Japan after World War II was initiated
through the utilization of a large amount of coal for boilers of the thermal power
plants. Meanwhile, environmental pollution caused by coal combustion became
serious, and then oil was introduced to the boilers. Due to two worldwide oil crises
and because of carbon dioxide issues, natural gas has also begun to be used for boi-
lers. Current thermal power generation in Japan is based on coal and gas utilization.
As a result of enough power supply, Japan has become one of the leading countries
economically and technologically in the world. The thermal power technology that
started from introducing technology from abroad has been transfigured Japan into
one of the most advanced in the world through the research and development of
Japanese industry, government, and academia during this process.
Global warming related to excess carbon dioxide emissions has become a
worldwide issue in recent years. Reducing carbon dioxide emission in thermal
power generation is important to help cope with this issue. One direction is to
change the fuel of a boiler from coal to gas that exhausts less carbon dioxide.
Another important direction is to endeavor to enhance the thermal efficiency of
coal thermal power plants as well as oil and gas. Many developing countries in
the world need more thermal power plants in future. Although oil and/or gas ther-
mal power plants may be introduced into these countries, it is supposed that coal
thermal power plants will still be used due to economical reasons. Considering
these situations, the publication of this series of books that displays and explains
the developing history and the present status of the most advanced thermal power
plants in Japan and other advanced countries is a timely planning for engineers
and researchers in the advanced countries to pursue the further advancement and
for engineers and researchers in developing countries to learn and acquire this
knowledge.
xiv Preface of JSME Series in Thermal and Nuclear Power Generation
the unbiased and heartful comments given from many reviewers to make this series
superb. Special thanks should be given to Maria Convey and Sara Valentino of the
editorial staff at Elsevier.
Editors in Chief
Yasuo Koizumi
The University of Electro-Communications, Chofu, Tokyo, Japan
Mamoru Ozawa
Kansai University, Takatsuki, Osaka, Japan
March 16, 2020
Preface to Volume 2: Advances in
Power Boilers
Steam power has been constantly at the leading position of industrial technologies
since the beginning of the 18th century. At the first stage, steam power appeared as
the prime mover for the pumping system of coal mines. The advancement in steam
power engineering made it possible to lead the factory systems for the mass produc-
tion of textile products. The availability of steam engines extended their application
to steamboats and locomotives for the mass transportation of people and industrial
products. Such advancement is supported by the development of iron and steel tech-
nology, machine tool, control engineering, and, of course, by society and its econ-
omy. Following the development in electrical technology, steam power stations
were constructed, and since then the electrical network thus has been the fundamen-
tal and principal infrastructure of the society.
The development in steam power since the 18th century has been, in fact, depen-
dent on the development in boiler technology during this 300-year period. A drastic
increase in efficiency and unit output has been supported by the development in
thermo-hydraulic engineering, materials engineering, control engineering, and of
course chemical engineering while the development process was not straightfor-
ward. An increase in the unit power brought about many explosions together with a
tremendous number of fatalities. To reduce and mitigate losses from explosions, a
social system, that is, third-party inspection and regulations, has been introduced. In
reality, the boiler development was a battle with explosions.
A boiler is a system to generate steam by firing coal, oil, gas, and recently inciner-
ation. At the beginning, coal was a prime fuel, which continued to the 1950s for
about 250 years. During this period, various coal-treatment technologies have been
developed to raise efficiency and reduce the emission of smoke. Ash treatment was
also a very important task. Oil was introduced to boilers, so efficiency issue and ash
problems were in part resolved, while the mass consumption of oil for power genera-
tion brought about unstable oil prices due to economic and political situations.
Especially Japan got involved in the oil-crisis in 1973 and 1979. This oil-crisis intro-
duced natural gas firing and enhanced the construction of nuclear power plants.
Nuclear power stations constructed in Japan counted 54 units, while they drastically
reduced in number after the core meltdown in the Fukushima Daiichi power station.
Since then, the economy and social welfare in Japan have been supported by the
fossil-fuel firing power stations, that is, steam boilers. Such a situation is not just a
xviii Preface to Volume 2: Advances in Power Boilers
problem in Japan but rather universal in many developing countries. The importance
of steam boiler technologies is still a prime issue.
This volume is intended to present a state-of-the-art review of power boiler tech-
nology to help practical engineers and graduate student to build basic frameworks
of ideas with which they can understand and treat practical problems of power boi-
lers. Basic principles together with the practical state-of-the-art are described by the
specialists of boiler companies in Japan. As the way of approach to boiler technol-
ogy is not the same among university researchers, research institute members, and
engineers in industries, the editorial board members and authors held many discus-
sions in the course of writing manuscripts, so that the philosophy or common prin-
cipal view on the power boilers and related technologies would remain consistent
throughout this book while respecting the autonomy of each author. We would be
grateful if the essence of our experience in boiler technologies is shared by the care-
ful readers.
The editors are deeply indebted to editorial board members, Akira Yamada,
Atsuhiro Hanatani, Jun Inumaru and Toshihiko Yasuda for their valuable sugges-
tions in planning and editing processes of this book, and thanks are extended to all
the authors of the Central Research Institute of Electric Power Industry, Mitsubishi
Heavy Industries, Ltd., Mitsubishi Hitachi Power Systems, Ltd., IHI Corporation,
Research Institute for Advanced Thermal Power Systems, and Hitachi Zosen
Corporation. The editors are also grateful to Elsevier Inc. for allowing publication
and to Editorial Project Manager, Sara Valentino and Project Manager, Prasanna
Kalyanaraman for their editorial works of this volume. Without their contribution,
this volume could not have survived from the bustle of the ongoing pandemic of
coronavirus disease 2019.
April 2020
Mamoru Ozawa
Hitoshi Asano
Fossil fuels combustion and
environmental issues 1
Jun Inumaru, Takeharu Hasegawa, Hiromi Shirai, Hiroyuki Nishida,
Naoki Noda and Seiichi Ohyama
Central Research Institute of Electric Power Industry, Tokyo, Japan
Chapter outline
1.1 Introduction 1
1.2 Overview and properties of coal, oil, and gas 4
1.2.1 Coal 4
1.2.2 Oil 5
1.2.3 Gas 12
1.3 Combustion of fuels 16
1.3.1 Coal 16
1.3.2 Oil 23
1.3.3 Gas 27
1.4 Emission-induced environmental issues and protection 36
1.4.1 Flue gas treatment technology 36
1.4.2 Wastewater treatment 45
1.5 Remarks 49
Nomenclature 50
Notations 50
Greek letters 51
Subscripts 51
References 51
1.1 Introduction
Coal, oil, and gas are mainly used as fossil fuels for power generation. Fig. 1.1 [1]
shows shifts in global primary energy consumption by energy source. The global
primary energy consumption has been increasing in line with economic growth, and
oil is the highest in terms of consumption, followed by coal and then gas. The
increase in oil is mainly due to its use as transport fuel. For the purpose of power
generation, attempts are being made to substitute other energy sources for oil. Coal
is widely distributed around the world, and about 60% of coal consumption goes
toward power generation as a relatively cheap fuel. The consumption of coal had
been increasing year on year, but after peaking in 2013, it is more or less on the
decrease these days. This is due to the recent consumption decrease in China, which
had long been driving the increase in consumption. Gas fuel trends are detailed in
Section 1.2.3.
Advances in Power Boilers. DOI: https://doi.org/10.1016/B978-0-12-820360-6.00001-1
© 2021 Elsevier Inc. All rights reserved.
2 Advances in Power Boilers
Figure 1.1 Transition of primary energy consumption in the world (by energy source) [1].
Note: Figures may not add up to the totals due to rounding. Mtoe: Million tons of oil
equivalent
Figure 1.2 Power generation cost of each power source in Japan (in 2014) [2].
The matters to be considered in using these resources for power generation are
the stable procurement of fuel, power generation costs, including fuel cost, and
environmental characteristics such as emissions of carbon dioxide, nitrogen oxides,
sulfur oxides, and particulate matter. As a reference, Fig. 1.2 [2] shows the power
generation cost by fuel in Japan. The cheapest fuel is coal, followed by natural gas
and oil. Fig. 1.3 [3] shows the life cycle CO2 emissions in Japan by power source.
This takes into account not only the carbon dioxide from fuel combustion but also
that produced in the operation of fuel development drilling, transportation, and
power generation facilities. As for life cycle CO2 emissions, coal is the highest, fol-
lowed by oil and natural gas.
When using fossils fuel in power generation boilers, it is important to select
appropriate methods for fuel supply, operation, and maintenance with an under-
standing of the specific characteristics of these fuels. In this section, we describe
Fossil fuels combustion and environmental issues 3
Figure 1.3 CO2 emissions intensity over the entire life cycle by source [3].
the environmental characteristics of coal, oil, and gas from the viewpoint of
power generation fuel, including the characteristics of fuels, combustion charac-
teristics, and emission gas and wastewater, as well as technological development
issues.
4 Advances in Power Boilers
1.2.1.1 Formation
Coal is a combustible rock that is formed from decayed plants in the earth. The
underground heat and pressure cause the coalification of decayed plants, which
involves the loss of water, methane, and carbon dioxide from plants and an increase
in the proportion of carbon. As the coalification progresses, lignite (brown coal),
followed by subbituminous coal, bituminous coal, and finally anthracite, is formed.
Lignite and subbituminous coal, which have high water contents, are used to gener-
ate steam and electric power. Bituminous coal is used to not only generate steam
and electric power but also produce coke. Anthracite has a high carbon content and
burns with a smokeless flame, but it ignites with difficulty. Therefore it is used as
an ingredient of charcoal briquettes and filter media.
1.2.1.2 Classification
Coal consists of organic matter, minerals, and moisture. Organic matter contains
mostly carbon, hydrogen, oxygen, and a small amount of sulfur and nitrogen. Coal has
a wide range of properties, because the types of plant, the degree of coalification, and
the conditions of coalification vary in different locations around the world. Therefore
it is important to logically classify into different types for its optimal utilization.
In Japan, coal is classified on the basis of the calorific value, fuel ratio (the weight
ratio of fixed carbon to volatile matter), and agglomerating character, as shown in
Table 1.1 [4,5]. In the United States, it is classified on the basis of the content of
fixed carbon, that of volatile matter, and the agglomerating character, as shown in
Table 1.2 [5,6]. The calorific value and fuel ratio are important values in selecting
the type of coal appropriate for use in a boiler, and the agglomerating character is an
important value in selecting the type of coal for producing a coke, which is used for
iron manufacture. The coal used in a boiler is called thermal coal or steam coal, and
that for iron manufacture is called coking coal or metallurgical coal.
1.2.1.3 Properties
In the field of coal combustion the important combustion properties of coal are
determined by proximate and ultimate analyses [7,8], namely, calorific value [9],
Fossil fuels combustion and environmental issues 5
coal ash composition [10], ash fusibility [11], and grindability [11]. The composi-
tion of maceral (Fig. 1.4 [12]), which is a component from coalified plants that
remains preserved in coal, is also fundamental to the combustion properties, since
different maceral types (inertinite, vitrinite, and liptinite) combust at different tem-
peratures and rates.
In the proximate analysis the contents of moisture, ash, and volatile matter of
coal dried in air are measured, and the content of the remaining part is calculated as
the content of fixed carbon. In the ultimate analysis the contents of carbon, hydro-
gen, oxygen, total sulfur, combustible sulfur, and nitrogen are measured. The results
of proximate and ultimate analyses in various coals are shown in Table 1.3 [5]. As
coalification progresses, moisture and volatile matter decrease, and the calorific
value and carbon content increase. The contents of sulfur and nitrogen are indepen-
dent of coalification because they depend on the type of decayed plants present and
the sediment that covered and buried the plants.
1.2.2 Oil
In power plants in Japan, light oils, such as kerosene and diesel, are used for gas
turbines. Heavy oils, the prices of which are relatively cheap compared to kerosene
and diesel, are used for boilers. The quality requirements by the Japanese Industrial
Standards (JIS) for kerosene, diesel, and fuel oil (heavier oils such as banker oil,
marine fuel oil, and marine residual oil) are shown in Table 1.4 [13], Table 1.5
[14], and Table 1.6 [15], respectively. These standards are established mostly based
on flash point, viscosity, and sulfur content.
In addition to the physical properties for proper combustion, important aspects
of fuel use in power plants include the presence of corrosive materials that can
damage the local structure and contaminated matter that yields pollutants in the
fumes. Regarding corrosive materials, trace amounts of alkali metals, such as
sodium and potassium, produce detrimental impacts on the gas turbine. And
Table 1.2 Classification of coal in the United States [5,6].
Figure 1.4 Maceral types consisting of liptinite and vitrinite Reproduced by permission from
R. M. Flores, Coal and Coalbed Gas, Elsevier (2014),[12].
vanadium can also cause “vanadium attack” [16]. The sulfur content, which causes
sulfidation corrosion, also negatively impacts the boiler (fuels with sulfur are never
applicable to gas turbines).
The causative agents of pollutants in the fumes are nitrogen, which produces
nitrogen oxides (NOx), and sulfur, which produces PM2.5 (fine particulate matter)
and sulfur dioxide (SOx).
Due to the exceptional circumstances brought by SOx on the Yokkaichi asthma
[17] during one of the “Four Big Pollution Diseases of Japan” in 1960s1970s, the
desulfurizer or use of low-sulfur crude oil, which is expensive but avoids petroleum
refinery costs, became indispensable in Japan. Although the nitrogen content in the
fuel causes NOx emissions, which is as harmful as SOx because NOx causes photo-
chemical smog, there are no regulations of quality requirements for nitrogen emis-
sions. This is partly because not all nitrogen content is converted into NOx, which
is different for SOx, since all sulfur contents are converted into SOx.
The constructions of new oil-fired thermal power plants are prohibited in Japan,
based on the communique adopted by the International Energy Agency (IEA) gov-
erning board meeting at ministerial level in May 1979, the “Principles for IEA
Action on Coal” [18]. Therefore both installed capacity of electric power and
amount of electricity power generation for oil-fired power plants started decreasing
with each passing year after the 1980s, as seen in Fig. 1.5 [19] and Fig. 1.6 [20].
However, some new oil-fired gas turbines were exceptionally introduced after the
Great East Japan Earthquake of 2011. This is also one of the causes of oil being
expensive compared with other fuels, such as coal and natural gas, as shown in
Fig. 1.7 [21].
Refineries in Japan also pursued scrap-and-build designs of refinery capacity and
“a shift toward white oil” (cleaner oils such as gasoline and naphtha) by improving
the performance of reformers of heavy distillates and residues and following the
Table 1.3 Coal properties[5
Country Coal Item
Australia Drayton 28.4 9.9 3.4 13.3 34.5 48.8 1.4 71.1 4.9 1.4 8.1 0.8 0.9
Newlands 28.0 8.4 3.0 15.0 26.6 55.4 2.1 69.1 4.1 1.4 7.0 0.4 0.4
Hunter Valley 29.6 8.0 3.5 11.2 34.0 51.3 1.5 72.7 4.5 1.6 9.3 0.3 0.6
Lemington 28.4 9.9 3.7 13.0 32.3 51.0 1.6 71.9 4.5 1.5 8.2 0.4 0.4
Warkworth 28.9 9.6 3.6 11.8 32.8 51.8 1.6 69.1 4.6 1.5 8.9 0.4 0.4
China Datong 29.6 10.1 5.1 7.0 28.1 59.8 2.1 78.2 4.5 0.8 8.8 0.6 0.7
Nantong 28.4 8.0 4.0 16.0 36.2 43.8 1.2 83.0 5.2 1.6 9.8 0.5 0.8
Canada Obedarsh 25.3 8.0 5.0 14.0 37.0 44.0 1.2 64.3 4.6 1.5 14.3 0.3 0.6
Coal Valley 26.1 11.3 6.4 10.7 33.5 49.3 1.5 69.7 4.7 0.9 13.1 0.1 0.3
Indonesia Satui 28.8 9.5 5.1 7.9 41.9 45.1 1.1 72.4 5.5 1.2 11.9 0.7 0.8
South Africa Ermelo 27.8 7.6 3.5 12.9 31.4 52.2 1.7 72.0 4.4 1.7 7.9 0.6 0.8
Optimum 28.5 8.2 3.8 10.7 32.4 53.1 1.6 72.9 4.9 1.6 9.1 0.5 0.6
The United Pinacle 27.2 8.3 4.6 13.4 40.9 41.1 1.0 68.2 5.6 1.4 0.3 0.6 0.7
States
Plato 25.1 9.8 6.0 9.3 41.8 42.9 1.0 72.8 5.5 1.5 11.2 0.7 0.9
Fossil fuels combustion and environmental issues 9
1.2.3 Gas
Examples of gaseous fuels for use in boilers that are being studied include natural
gas, blast furnace gas (BFG), biogas, and, with an eye toward a future hydrogen-
Fossil fuels combustion and environmental issues 13
using society, alternative fuels such as hydrogen and ammonia. However, BFG and
biogas tend to be for personal or local consumption in the areas where they are pro-
duced and are almost never sold internationally. In addition, unlike fossil fuels such
as natural gas, there is anticipation around the use of the secondary fuels, such as
hydrogen and ammonia, in the transportation sector and distributed power produc-
tion with environmental conservation in mind, and in the power generation sector
in more efficient power generation facilities. We discuss natural gas, which is
strongly influenced by external factors, as a fuel for gas-fired boilers, giving an
overview of supply and demand trends.
Figure 1.9 Trends and prospects of world natural gas: (A) demand outlook and (B) supply
outlook [23].
14 Advances in Power Boilers
Figure 1.11 Trends and prospects of primary energy demand by fuel in China [23].
expected to decrease, the entire global supply of natural gas is anticipated to rise
due to the production of shale gas in North America and China. Therefore the pro-
portion of unconventional natural gas (shale gas, coalbed methane, and so on) will
account for about 30% of the total in 2040. Although there are concerns about
delays in establishing more new facilities for LNG, increased production of shale
gas is expected to relax global supply and demand for natural gas.
Fig. 1.10 [23] and Fig. 1.11 [23] show the supply for natural gas to China (2017)
and China’s energy demand according to the IEA, respectively. In China, about
60% of natural gas demand is fulfilled by domestic production, and 22% is com-
posed of imported LNG. As China suffers from serious air pollution, the State
Council announced, “10 Measures to Prevent Air Pollution” in 2013 and is planning
a rapid transition from coal to natural gas. According to the IEA forecast, the
demand of natural gas in 2040 will be about three times higher than in 2016, and
the proportion of natural gas demand to primary energy demand will rise to about
14%. On the other hand, the proportion of coal demand to primary energy demand
Fossil fuels combustion and environmental issues 15
is expected to fall from 60% to 40%. Demand for energy and natural gas in China
is expected to continue being affected by policy, domestic gas production volume,
and import volume in the future, and there are concerns that these fluctuations
could affect the global supply of and demand for LNG.
{354}
W. T. Stead,
The Conference at The Hague
(Forum, September, 1899).
"In a series of meetings, between the 18th May and the 29th
July, 1899, in which the constant desire of the Delegates
above mentioned has been to realize, in the fullest manner
possible, the generous views of the august Initiator of the
Conference and the intentions of their Governments, the
Conference has agreed, for submission for signature by the
Plenipotentiaries, on the text of the Conventions and
Declarations enumerated below and annexed to the present Act:
"3. The Conference expresses the wish that the questions with
regard to rifles and naval guns, as considered by it, may be
studied by the Governments with the object of coming to an
agreement respecting the employment of new types and calibres.
"5. The Conference expresses the wish that the proposal, which
contemplates the declaration of the inviolability of private
property in naval warfare, may be referred to a subsequent
Conference for consideration.
{355}
"The entire plan for the tribunal and its use is voluntary, so
far as sovereign States are concerned. The only seeming
exceptions to this rule are contained in Article 1, which
provides that the Signatory Powers agree to employ their
efforts for securing the pacific regulation of international
differences; and Article 27, which says that the Signatory
Powers consider it to be a duty, in the case where an acute
conflict threatens to break out between two or more of them,
to remind those latter that the permanent court is open to
them. The obligation thus imposed is not legal or diplomatic
in its nature. These articles merely express a general moral
duty for the performance of which each State is accountable
only to itself. In order, however, to make assurance doubly
sure and to leave no doubt whatever of the meaning of the
Convention, as affecting the United States of America, the
Commission made the following declaration in the full session
of the Conference, held July 25:—
{356}
F. W. Holls,
The International Court of Arbitration at The Hague;
a paper read before the New York State Bar Association,
January 15, 1901.
PEACE CONFERENCE:
Convention for the Pacific Settlement of
International Disputes.
TITLE I.
On the Maintenance of the General Peace.
ARTICLE I.
With a view to obviating as far as possible, recourse to
force in the relations between States, the Signatory Powers
agree to use their best efforts to insure the pacific
settlement of international differences.
TITLE II.
On Good Offices and Mediation.
ARTICLE II.
In case of serious disagreement or conflict, before an
appeal to arms, the Signatory Powers agree to have
recourse, as far as circumstances allow, to the good
offices or mediation of one or more friendly Powers.
ARTICLE III.
Independently of this recourse, the Signatory Powers
recommend that one or more Powers, strangers to the
dispute, should, on their own initiative, and as far as
circumstances may allow, offer their good offices or
mediation to the States at variance. Powers, strangers to
the dispute, have the right to offer good offices or
mediation, even during the course of hostilities. The
exercise of this right can never be regarded by one or the
other of the parties in conflict as an unfriendly act.
ARTICLE IV.
The part of the mediator consists in reconciling the
opposing claims and appeasing the feelings of resentment
which may have arisen between the States at variance.
ARTICLE V.
The functions of the mediator are at an end when once it is
declared, either by one of the parties to the dispute, or
by the mediator himself, that the means of reconciliation
proposed by him are not accepted.
ARTICLE VI.
Good offices and mediation, either at the request of the
parties at variance, or on the initiative of Powers
strangers to the dispute, have exclusively the character of
advice and never have binding force.
ARTICLE VII.
The acceptance of mediation can not, unless there be an
agreement to the contrary, have the effect of interrupting,
delaying, or hindering mobilization or other measures of
preparation for war. If mediation occurs after the
commencement of hostilities it causes no interruption to
the military operations in progress, unless there be an
agreement to the contrary.
ARTICLE VIII.
The Signatory Powers are agreed in recommending the
application, when circumstances allow, for special
mediation in the following form:—In case of a serious
difference endangering the peace, the States at variance
choose respectively a Power, to whom they intrust the
mission of entering into direct communication with the
Power chosen on the other side, with the object of
preventing the rupture of pacific relations. For the period
of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in
conflict cease from all direct communication on the subject
of the dispute, which is regarded as referred exclusively
to the mediating Powers, who must use their best efforts to
settle it. In case of a definite rupture of pacific
relations, these Powers are charged with the joint task of
taking advantage of any opportunity to restore peace.
TITLE III.
On International Commissions of Inquiry.
ARTICLE IX.
In differences of an international nature involving neither
honour nor vital interests, and arising from a difference
of opinion on points of fact, the Signatory Powers
recommend that the parties, who have not been able to come
to an agreement by means of diplomacy, should as far as
circumstances allow, institute an International Commission
of Inquiry, to facilitate a solution of these differences
by elucidating the facts by means of an impartial and
conscientious investigation.
ARTICLE X.
The International Commissions of Inquiry are constituted by
special agreement between the parties in conflict. The
Convention for an inquiry defines the facts to be examined and
the extent of the Commissioners' powers. It settles the
procedure. On the inquiry both sides must be heard. The form
and the periods to be observed, if not stated in the inquiry
Convention, are decided by the Commission itself.
ARTICLE XI.
The International Commissions of Inquiry are formed, unless
otherwise stipulated, in the manner fixed by Article XXXII
of the present Convention.
ARTICLE XII.
The powers in dispute engage to supply the International
Commission of Inquiry, as fully as they may think possible,
with all means and facilities necessary to enable it to be
completely acquainted with and to accurately understand the
facts in question.
ARTICLE XIII.
The International Commission of Inquiry communicates its
Report to the conflicting Powers, signed by all the members
of the Commission.
ARTICLE XIV.
The Report of the International Commission of Inquiry is
limited to a statement of facts, and has in no way the
character of an Arbitral Award. It leaves the conflicting
Powers entire freedom as to the effect to be given to this
statement.
TITLE IV.
On International Arbitration.
CHAPTER I.
On the System of Arbitration.
ARTICLE XV.
International arbitration has for its object the settlement
of differences between States by judges of their own
choice, and on the basis of respect for law.
ARTICLE XVI.
In questions of a legal nature, and especially in the
interpretation or application of International Conventions,
arbitration is recognized by the Signatory Powers as the
most effective, and at the same time the most equitable,
means of settling disputes which diplomacy has failed to
settle.
ARTICLE XVII.
The Arbitration Convention is concluded for questions
already existing or for questions which may arise
eventually. It may embrace any dispute or only disputes of
a certain category.
{357}
ARTICLE XVIII.
The Arbitration Convention implies the engagement to submit
loyally to the Award.
ARTICLE XIX.
Independently of general or private Treaties expressly
stipulating recourse to arbitration as obligatory on the
Signatory Powers, these Powers reserve to themselves the
right of concluding, either before the ratification of the
present Act or later, new Agreements, general or private,
with a view to extending obligatory arbitration to all
cases which they may consider it possible to submit to it.
CHAPTER II.
On the Permanent Court of Arbitration.
ARTICLE XX.
With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not
been possible to settle by diplomacy, the Signatory Powers
undertake to organize a permanent Court of Arbitration,
accessible at all times and operating, unless otherwise
stipulated by the parties, in accordance with the Rules of
Procedure inserted in the present Convention.
ARTICLE XXI.
The Permanent Court shall be competent for all arbitration
cases, unless the parties agree to institute a special
Tribunal.
ARTICLE XXII.
An International Bureau, established at The Hague, serves
as record office for the Court. This Bureau is the channel
for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the
administrative business. The Signatory Powers undertake to
communicate to the International Bureau at The Hague a duly
certified copy of any conditions of arbitration arrived at
between them, and of any award concerning them delivered by
special Tribunals. They undertake also to communicate to
the Bureau the Laws, Regulations, and documents eventually
showing the execution of the awards given by the Court.
ARTICLE XXIII.
Within the three months following its ratification of the
present Act, each Signatory Power shall select four persons
at the most, of known competency in questions of
international law, of the highest moral reputation, and
disposed to accept the duties of Arbitrators. The persons
thus selected shall be inscribed, as members of the Court,
in a list which shall be notified by the Bureau to all the
Signatory Powers. Any alteration in the list of Arbitrators
is brought by the Bureau to the knowledge of the Signatory
Powers. Two or more Powers may agree on the selection in
common of one or more Members. The same person can be
selected by different Powers. The Members of the Court are
appointed for a term of six years. Their appointments can
be renewed. In case of the death or retirement of a member
of the Court, his place shall be filled in accordance with
the method of his appointment.
ARTICLE XXIV.
When the Signatory Powers desire to have recourse to the
Permanent Court for the settlement of a difference that has
arisen between them, the Arbitrators called upon to form the
competent Tribunal to decide this difference, must be
chosen from the general list of members of the Court.
Failing the direct agreement of the parties on the
composition of the Arbitration Tribunal, the following
course shall be pursued:—Each party appoints two
Arbitrators, and these together choose an Umpire. If the
votes are equal, the choice of the Umpire is intrusted to a
third Power, selected by the parties by common accord. If
an agreement is not arrived at on this subject, each party
selects a different Power, and the choice of the Umpire is
made in concert by the Powers thus selected. The Tribunal
being thus composed, the parties notify to the Bureau their
determination to have recourse to the Court and the names
of the Arbitrators. The Tribunal of Arbitration assembles
on the date fixed by the parties. The Members of the Court,
in the discharge of their duties and out of their own
country, enjoy diplomatic privileges and immunities.
ARTICLE XXV.
The Tribunal of Arbitration has its ordinary seat at The
Hague. Except in cases of necessity, the place of session
can only be altered by the Tribunal with the assent of the
parties.
ARTICLE XXVI.
The International Bureau at The Hague is authorized to
place its premises and its staff at the disposal of the
Signatory Powers for the operations of any special Board of
Arbitration. The jurisdiction of the Permanent Court, may,
within the conditions laid down in the Regulations, be
extended to disputes between non-Signatory Powers, or
between Signatory Powers and non-Signatory Powers, if the
parties are agreed on recourse to this Tribunal.
ARTICLE XXVII.
The Signatory Powers consider it their duty, if a serious
dispute threatens to break out between two or more of them,
to remind these latter that the Permanent Court is open to
them. Consequently, they declare that the fact of reminding
the conflicting parties of the provisions of the present
Convention, and the advice given to them, in the highest
interests of peace, to have recourse to the Permanent
Court, can only be regarded as friendly actions.
ARTICLE XXVIII.
A Permanent Administrative Council, composed of the
Diplomatic Representatives of the Signatory Powers
accredited to The Hague and of the Netherland Minister for
Foreign Affairs, who will act as President, shall be
instituted in this town as soon as possible after the
ratification of the present Act by at least nine Powers.
This Council will be charged with the establishment and
organization of the International Bureau, which will be
under its direction and control. It will notify to the
Powers the constitution of the Court and will provide for
its installation. It will settle its Rules of Procedure and
all other necessary Regulations. It will decide all
questions of administration which may arise with regard to
the operations of the Court. It will have entire control
over the appointment, suspension or dismissal of the
officials and employés of the Bureau. It will fix the
payments and salaries, and control the general expenditure.
At meetings duly summoned the presence of five members is
sufficient to render valid the discussions of the Council.
The decisions are taken by a majority of votes. The Council
communicates to the Signatory Powers without delay the
Regulations adopted by it. It furnishes them with an annual
Report on the labours of the Court, the working of the
administration, and the expenses.
ARTICLE XXIX.
The expenses of the Bureau shall be borne by the Signatory
Powers in the proportion fixed for the International Bureau
of the Universal Postal Union.
{358}
CHAPTER III.
On Arbitral Procedure.
ARTICLE XXX.
With a view to encourage the development of arbitration,
the Signatory Powers have agreed on the following Rules
which shall be applicable to arbitral procedure, unless
other Rules have been agreed on by the parties.
ARTICLE XXXI.
The Powers who have recourse to arbitration sign a special
Act ("Compromis"), in which the subject of the difference
is clearly defined, as well as the extent of the
Arbitrators' powers. This Act implies the undertaking of
the parties to submit loyally to the award.
ARTICLE XXXII.
The duties of Arbitrator may be conferred on one Arbitrator
alone or on several Arbitrators selected by the parties as
they please, or chosen by them from the members of the
Permanent Court of Arbitration established by the present
Act. Failing the constitution of the Tribunal by direct
agreement between the parties, the following course shall
be pursued: Each party appoints two Arbitrators, and these
latter together choose an Umpire. In case of equal voting,
the choice of the Umpire is intrusted to a third Power,
selected by the parties by common accord. If no agreement
is arrived at on this subject, each party selects a
different Power, and the choice of the Umpire is made in
concert by the Powers thus selected.
ARTICLE XXXIII.
When a Sovereign or the Chief of a State is chosen as
Arbitrator, the arbitral procedure is settled by him.
ARTICLE XXXIV.
The Umpire is by right President of the Tribunal. When the
Tribunal does not include an Umpire, it appoints its own
President.
ARTICLE XXXV.
In case of the death, retirement, or disability from any
cause of one of the Arbitrators, his place shall be filled
in accordance with the method of his appointment.
ARTICLE XXXVI.
The Tribunal's place of session is selected by the parties.
Failing this selection the Tribunal sits at The Hague. The
place thus fixed cannot, except in case of necessity, be
changed by the Tribunal without the assent of the parties.
ARTICLE XXXVII.
The parties have the right to appoint delegates or special
agents to attend the Tribunal, for the purpose of serving
as intermediaries between them and the Tribunal. They are
further authorized to retain, for the defense of their
rights and interests before the Tribunal, counselor
advocates appointed by them for this purpose.
ARTICLE XXXVIII.
The Tribunal decides on the choice of languages to be used
by itself, and to be authorized for use before it.
ARTICLE XXXIX.
As a general rule the arbitral procedure comprises two
distinct phases; preliminary examination and discussion.
Preliminary examination consists in the communication by
the respective agents to the members of the Tribunal and to
the opposite party of all printed or written Acts and of
all documents containing the arguments invoked in the case.
This communication shall be made in the form and within the
periods fixed by the Tribunal in accordance with Article
XLIX. Discussion consists in the oral development before
the Tribunal of the arguments of the parties.
ARTICLE XL.
Every document produced by one party must be communicated
to the other party.
ARTICLE XLI.
The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal,
with the assent of the parties. They are recorded in the
"procès-verbaux" drawn up by the Secretaries appointed by
the President. These "procès-verbaux" lone have an
authentic character.
ARTICLE XLII.
When the preliminary examination is concluded, the Tribunal
has the light to refuse discussion of all fresh Acts or
documents which one party may desire to submit to it
without the consent of the other party.
ARTICLE XLIII.
The Tribunal is free to take into consideration fresh Acts
or documents to which its attention may be drawn by the
agents or counsel of the parties. In this case, the
Tribunal has the right to require the production of these
Acts or documents, but is obliged to make them known to the
opposite party.
ARTICLE XLIV.
The Tribunal can, besides, require from the agents of the
parties the production of all Acts, and can demand all
necessary explanations. In case of refusal, the Tribunal
takes note of it.
ARTICLE XLV.
The agents and counsel of the parties are authorized to
present orally to the Tribunal all the arguments they may
think expedient in defence of their case.
ARTICLE XLVI.
They have the right to raise objections and points. The
decisions of the Tribunal on those points are final, and
cannot form the subject of any subsequent discussion.
ARTICLE XLVII.
The members of the Tribunal have the right to put questions
to the agents and counsel of the parties, and to demand
explanations from them on doubtful points. Neither the
questions put nor the remarks made by members of the
Tribunal during the discussions can be regarded as an
expression of opinion by the Tribunal in general, or by its
members in particular.
ARTICLE XLVIII.
The Tribunal is authorized to declare its competence in
interpreting the "Compromis" as well as the other Treaties
which may be invoked in the case, and in applying the
principles of international law.
ARTICLE XLIX.
The Tribunal has the right to issue Rules of Procedure for
the conduct of the case, to decide the forms and periods
within which each party must conclude its arguments, and to
arrange all the formalities required for dealing with the
evidence.