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
On the signatory Powers no obligation whatever to submit any difference
to arbitration is imposed. Even differences of a judicial character, and
especially those regarding the interpretation or application of
treaties, for the settlement of which the signatory Powers, in article
38, acknowledge arbitration as the most efficacious and at the same time
the most equitable method, need not necessarily be submitted to
arbitration.
Yet the principle of compulsory arbitration for a limited number of
international differences was by no means negatived by the Hague Peace
Conferences, especially not by the Second Conference.
The principle found, firstly, indirect recognition by the Convention
respecting the Limitation of the Employment of Force for the Recovery of
Contract Debts.[25] Since article I of this Convention stipulates that
recourse to the employment of force for the recovery of contract debts
claimed from the Government of one country by the Government of another
country as being due to its nationals is not allowed unless the debtor
State refuses arbitration, compulsory arbitration has in this instance
been victorious.
[Footnote 25: See above, vol. I. § 135, p. 192, where the so-called
Drago doctrine is likewise discussed.]
Secondly, although it was not possible to agree upon some stipulation
embodying compulsory arbitration for a number of differences in
Convention I., the principle itself was fully recognised, and the Final
Act of the Second Peace Conference includes, therefore, the Declaration
that the Conference "is unanimous (1) in admitting the principle of
compulsory arbitration; (2) in declaring that certain disputes, in
particular those relating to the interpretation and application of
international agreements, may be submitted to compulsory arbitration
without any restriction."
The above shows reasonable grounds for the hope and expectation that one
of the future Peace Conferences will find a way out of the difficulty
and come to an agreement stipulating compulsory arbitration for a
limited number of international differences.[26]
[Footnote 26: See Scott, _Conferences_, pp. 319-385, where the
proceedings of both the First and Second Peace Conferences concerning
compulsory arbitration are sketched in a masterly and very lucid style.]
[Sidenote: Arbitration Treaty and appointment of Arbitrators.]
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