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)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 17. It is often maintained that every possible difference between
States could not be determined by arbitration, and, consequently,
efforts are made to distinguish those groups of State differences which
are determinable by arbitration from others. Now although all States may
never consent to have all possible differences decided by arbitration,
theoretically there is no reason for a distinction between differences
decidable and undecidable through arbitration. For there can be no doubt
that, the consent of the parties once given, every possible difference
might be settled through arbitration, either by the verdict being based
on rules of International Law, or rules of natural equity, or by
opposing claims being compromised. But, differing from the theoretical
question as to what differences are and are not determinable by
arbitration, is the question as to what kind of State differences
_ought_ always to be settled in this manner. The latter question has
been answered by article 38 (formerly 16) of the Hague Convention for
the peaceful adjustment of international differences, the contracting
Powers therein recognising arbitration as the most efficacious, and at
the same time the most equitable, means of determining differences of a
judicial character in general, and in especial differences regarding the
interpretation or application of international treaties. But future
experience must decide whether the signatory Powers will in practice
always act according to this distinction.
However this may be, when, in 1903, Great Britain and France, following
the suggestion of this article 38 (formerly 16), concluded a treaty in
which they agreed to settle by arbitration all such differences of a
legal nature as do not affect their vital interests, their independence,
or their honour, many other States followed the lead. Great Britain, in
the same and the following years, entered into such arbitration treaties
with Spain, Italy, Germany, Sweden, Norway, Portugal, Switzerland,
Austria-Hungary, Holland, Denmark, the United States of America,
Colombia, and Brazil. All these agreements were concluded for five
years only, but those which have since expired have all been renewed for
another period of five years.
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