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
Ullmann, §§ 155-156--Bonfils, Nos. 953'1-955'1--Despagnet, Nos.
742-746_bis_--Mérignhac, I. pp. 486-539--Holls, _The Peace
Conference at the Hague_ (1900)--Martens, _La conférence de la
paix à la Haye_ (1900)--Mérignhac, _La conférence internationale
de la paix_ (1900)--Fried, _Die zweite Haager Konferenz_
(1908)--Meurer, I. pp. 299-372--Scott, _Conferences_, pp.
286-385--Higgins, pp. 164-179--Lémonon, pp. 188-219--Nippold, I.
pp. 36-231--Wehberg, _Kommentar_, pp. 46-164.
[Sidenote: Arbitral Justice in general.]
§ 19. Of the 97 articles of the Hague Convention for the peaceful
adjustment of international differences, no fewer than 44--namely,
articles 37-90--deal with arbitration in three chapters, headed "On
Arbitral Justice," "On the Permanent Court of Arbitration," and "On
Arbitral Procedure." The first chapter, articles 37-40, contains rules
on arbitral justice in general, which, however, with one exception, are
not of a legal but of a merely doctrinal character. Thus the definition
in article 37, first paragraph, "International arbitration has for its
object the determination of controversies between States by judges of
their own choice and upon the basis of respect for law," is as doctrinal
as the assertion of article 38: "In questions of a judicial character,
and especially in questions regarding the interpretation or application
of International Treaties or Conventions, arbitration is recognised by
the contracting Powers as the most efficacious and at the same time the
most equitable method of deciding controversies which have not been
settled by diplomatic methods. Consequently it would be desirable that,
in disputes regarding the above-mentioned questions, the contracting
Powers should, if the case arise, have recourse to arbitration, in so
far as circumstances permit." And the provision of article 39, that an
agreement of arbitration may be made respecting disputes already in
existence or arising in the future and may relate to every kind of
controversy or solely to controversies of a particular character, is as
doctrinal as the reservation of article 40, which runs: "Independently
of existing general or special treaties imposing the obligation to have
recourse to arbitration on the part of any of the contracting Powers,
these Powers reserve to themselves the right to conclude, either before
the ratification of the present Convention or afterwards, new general or
special agreements with a view to extending obligatory arbitration to
all cases which they consider possible to submit to it." The only rule
of legal character is that of article 37 (second paragraph), enacting
the already existing customary rule of International Law, that "the
agreement of arbitration implies the obligation to submit in good faith
to the arbitral sentence."
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