Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900Various
Science
Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900
Various
Science -- Periodicals; Technology -- Periodicals
If the list of arbitral decisions hitherto given be examined it will
show that questions of the first sort above are those which have thus
far been submitted to judicial settlement.[L] It is therefore in
harmony with past experience that the conference, in generally defining
the scope of arbitration, declared it to be intended for the settlement
of “questions of a juridical nature,” especially the interpretation
and application of international agreements upon the basis of respect
for law.[M] The frequency of these “business questions” is on the
increase; they seriously embarrass diplomatic representatives, whose
proper duty is the conduct of graver matters of policy, and there is
a growing disposition to submit them to legal settlement. Under these
circumstances, there is little doubt that the time has come when the
system of special temporary courts of arbitration, splendid as their
work has been, must give way to a more adequate system--they were
indeed but stepping stones to a more permanent organization. Under the
old system each power was likely to wait for the other to take the
initiative; then came a squabble as to just how much and what part of
the difficulty should be submitted to arbitration, then a squabble
about judges, then a squabble about procedure, place of trial, and so
on--all was unpreparedness, uncertainty, and meantime angry passions
had full play.
[L] See especially the list given in the back of Darby’s
International Tribunals, p. 286.
[M] See Article XV of the Convention.
In the preparation for war the modern state lays no end of force
on the necessity for a rapid and systematic mobilization. The weak
point, however, in preparing for a judicial contest hitherto has been
the absence of any system by which to “mobilize judges and counsel”
and get the legal forces out into the field. To attain this end the
scheme presented by Lord Pauncefote and unanimously adopted by the
conference will be found to be a most striking example of the happy
adaptation of a means to an end where the way seemed blocked by
infinite difficulties. It consists of a few simple provisions for
the establishment of an International Bureau of Arbitration with an
Administrative Council, and this, with the addition of various other
features drawn from the United States, Russia, France, and Italy, with
some others, constitutes the composite plan embodied in the Final Act.
In brief outline it is as follows:
Public-domain text, read in full here on John Shaqi.
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