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
ARBITRAL PROCEDURE.--For the purpose of promoting the development
of arbitration certain simple rules are formulated. The powers will
appoint special agents, who shall be intermediaries between them and
the tribunal; they will also appoint counsel. The proceedings consist
first of _instruction_--communications by the agents and counsel to the
tribunal and the opposing party, of the pleadings, etc.; and, secondly,
of _argument_--the oral development of the pleadings. The argument
being closed, the bench shall deliberate in secret, and a decision is
to be reached by a majority vote. The decision shall be written, and
is to contain the reasons of law and fact upon which it is based. In
case of disagreement, the dissenting opinion shall also be written and
contain the reasons therefor; the signature of each member is to be
added to his opinion. Subsequently the decision is to be read in open
session, in the presence of the agents and counsel of the parties.
To sum up: it contains all the essentials; it is immediately available,
provided with a permanent office, with officials, with a code of
procedure, with directions for the commencement of proceedings, the
presentation of cases, the taking of evidence by an International
Commission of Inquiry, the oral explanation and argument of the printed
case, the pronouncement of sentence in open court, the recording of
such decision, the subsequent rectification of an error therein on the
discovery of new and important facts of a decisive character, and the
preservation of the records.[P]
[P] See Articles XV to LVII of the Convention.
BASIS FOR FUTURE EVOLUTION.--With these essentials there is a basis for
a future evolution until the court shall have become as perfect in its
organization and details as the High Courts of Justice in England or
the Supreme Court of the United States.
Public-domain text, read in full here on John Shaqi.
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