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
§ 18. There can be no doubt that arbitration is, and every day becomes
more and more, of great importance. History proves that in antiquity and
during the Middle Ages arbitration was occasionally[22] made use of as a
peaceable means of settling international differences. But, although an
International Law made its appearance in modern times, during the
sixteenth, seventeenth, and eighteenth centuries very few cases of
arbitration occurred. It was not until the end of the eighteenth century
that arbitration was frequently made use of. There are 177 cases from
1794 to the end of 1900.[23] This number shows that the inclination of
States to agree to arbitration has increased, and there can be no doubt
that arbitration has a great future. States and the public opinion of
the whole world become more and more convinced that there are a good
many international differences which may well be determined by
arbitration without any danger whatever to the national existence,
independence, dignity, and prosperity of the States concerned. A net of
so-called Peace Societies has spread over the whole world, and their
members unceasingly work for the promotion of arbitration. The
Parliaments of several countries have repeatedly given their vote in
favour of arbitration; and the Hague Peace Conference of 1899 created a
Permanent Court of Arbitration, a step by which a new epoch of the
development of International Law was inaugurated. It is certain that
arbitration will gradually increase its range, although the time is by
no means in sight when all international differences will find their
settlement by arbitration.
[Footnote 22: See examples in Calvo, III. §§ 1707-1712, and in Nys, _Les
origines du droit international_ (1894), pp. 52-61.]
[Footnote 23: See La Fontaine's _Histoire sommaire et chronologique des
arbitrages internationaux_ in _R.I._ 2nd Ser. IV. pp. 349, 558, 623. See
also Scott, _Conferences_, pp. 188-252.]
The novel institution of the Permanent Court of Arbitration at the Hague
stands at present in the cross-fire of impatient pacifists and cynical
pessimists. Because a number of wars have been fought since the
establishment of the Permanent Court, impatient pacifists are in despair
and consider the institution of the Court of Arbitration a failure,
whereas cynical pessimists triumphantly point to the fact that the
millennium would seem to be as far distant as ever. The calm observer of
the facts who possesses insight in the process of historical
development, has no cause to despair, for, compared with some
generations ago, arbitration is an established force which daily gains
more power and influence. And when once a real International Court[24]
of justice is established side by side with the Permanent Court of
Arbitration, the chances of arbitration will be greatly increased.
[Footnote 24: See above, vol. I. § 476_b_.]
V
ARBITRATION ACCORDING TO THE HAGUE CONVENTION
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