History for ready reference, Volumes 1 to 5Larned, J. N. (Josephus Nelson)
History
History for ready reference, Volumes 1 to 5
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
considered by the tribunal, including the final award, shall
be decided by a majority of all the Arbitrators. Each of the
high contracting parties shall also name one person to attend
the tribunal as its Agent to represent it generally in all
matters connected with the arbitration." Articles 3, 4 and 5
of the treaty specify the mode in which each party shall
submit its case. Article 6 declares that, "In deciding the
matters submitted to the Arbitrators, they shall be governed
by the following three rules, which are agreed upon by the
high contracting parties as rules to be taken as applicable to
the case, and by such principles of international law not
inconsistent therewith as the Arbitrators shall determine to
have been applicable to the case:
{28}
A neutral Government is bound—First, to use due diligence to
prevent the fitting out, arming, or equipping, within its
jurisdiction, of any vessel which it has reasonable ground to
believe is intended to cruise or to carry on war against a
Power with which it is at peace; and also to use like
diligence to prevent the departure from its jurisdiction of
any vessel intended to cruise or carry on war as above, such
vessel having been specially adapted, in whole or in part,
within such jurisdiction, to warlike use. Secondly, not to
permit or suffer either belligerent to make use of its ports
or waters as the base of naval operations against the other,
or for the purpose of the renewal or augmentation of military
supplies or arms, or the recruitment of men. Thirdly to
exercise due diligence in its own ports and waters, and, as to
all persons within its jurisdiction, to prevent any violation
of the foregoing obligations and duties. Her Britannic Majesty
has commanded her High Commissioners and Plenipotentiaries to
declare that Her Majesty's Government cannot assent to the
foregoing rules as a statement of principles of international
law which were in force at the time when the claims mentioned
in Article 1 arose, but that Her Majesty's Government, in
order to evince its desire of strengthening the friendly
relations between the two countries and of making satisfactory
provision for the future, agrees that in deciding the
questions between the two countries arising out of those
claims, the Arbitrators should assume that Her Majesty's
Government had undertaken to act upon the principles set forth
in these rules. And the high contracting parties agree to
observe these rules as between themselves in future, and to
bring them to the knowledge of other maritime powers, and to
invite them to accede to them." Articles 7 to 17, inclusive,
relate to the procedure of the tribunal of arbitration, and
provide for the determination of claims, by assessors and
commissioners, in case the Arbitrators should find any
liability on the part of Great Britain and should not award a
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