International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition — John Shaqi
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 13. It is, therefore, necessary for such conflicting States as intend
to have the conflict determined by arbitration to conclude a treaty by
which they agree to this course. Such treaty of arbitration involves the
obligation of both parties to submit in good faith to the decision of
the arbitrators. Frequently a treaty of arbitration will be concluded
after the outbreak of a difference, but it also frequently happens that
States concluding treaties stipulate therein by the so-called Compromise
Clause,[12] that any difference arising between the parties respecting
matters regulated by such treaty shall be determined by arbitration. Two
or more States can also conclude a so-called general treaty of
arbitration, or treaty of permanent arbitration, stipulating that all or
certain kinds of differences in future arising between them shall be
settled by this method. Thus article 7 of the Commercial Treaty between
Holland and Portugal[13] of July 5, 1894, contains such a general treaty
of arbitration, as it stipulates arbitration not only for differences
respecting matters of commerce, but for all kinds of differences arising
in the future between the parties, provided these differences do not
concern their independence or autonomy. Until the Hague Peace Conference
of 1899, however, general treaties of arbitration were not numerous. But
public opinion everywhere was aroused in favour of general arbitration
treaties through the success of this conference, with the result that
from 1900 to the present day many general arbitration treaties have been
concluded.[14]
[Footnote 12: See above, § 3.]
[Footnote 13: See Martens, _N.R.G._ 2nd Ser. XXII. p. 590.]
[Footnote 14: See below, § 17.]
[Sidenote: Who is to arbitrate?]
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