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
§ 25_a_. With a view to facilitating the working of arbitration in
disputes of minor importance admitting an abbreviated procedure, the
contracting Powers propose the following rules for a summary procedure
exclusively in writing:--
Each of the conflicting parties appoints an arbitrator, and these
arbitrators need not necessarily be members of the Permanent Court of
Arbitration. The two arbitrators thus appointed choose a third as
umpire, who need not be a member of the Permanent Court either. But if
they cannot agree upon an umpire, each of them proposes two candidates
taken from the general list of the Permanent Court of Arbitration
exclusive of such members as are either appointed by the conflicting
States or are their nationals, and it is to be determined by lot which
of the candidates shall be the umpire. This umpire presides over the
tribunal which gives its decisions by a majority of votes (article 87).
In the absence of an agreement concerning the matter, the tribunal
settles the time within which the two parties must submit their
respective cases to it (article 88). Each party is represented by an
agent who serves as intermediary between the tribunal and his party
(article 89). The proceedings are conducted exclusively in writing. Each
party, however, is entitled to ask that witnesses and experts should be
called, and the tribunal has the right to demand oral explanations from
the agents as well as from the experts and witnesses whose appearance in
Court it may consider useful (article 90). Articles 52 to 85 of
Convention I. apply so far as they are not inconsistent with the rules
laid down in articles 87 to 90 (article 80).
CHAPTER II
COMPULSIVE SETTLEMENT OF STATE DIFFERENCES
I
ON COMPULSIVE MEANS OF SETTLEMENT OF STATE DIFFERENCES IN GENERAL
Lawrence, § 136--Westlake, II. p. 6--Phillimore, III. §
7--Pradier-Fodéré, VI. No. 2632--Despagnet, No. 483--Fiore, II.
No. 1225, and Code, Nos. 1381-1385--Taylor, § 431--Nys, III. pp.
83-94.
[Sidenote: Conception and kinds of Compulsive Means of Settlement.]
§ 26. Compulsive means of settlement of differences are measures
containing a certain amount of compulsion taken by a State for the
purpose of making another State consent to such settlement of a
difference as is required by the former. There are four different kinds
of such means in use--namely, retorsion, reprisals (including embargo),
pacific blockade, and intervention. But it must be mentioned that,
whereas every amicable means of settling differences might find
application in every kind of difference, not every compulsive means is
applicable in every difference. For the application of retorsion is
confined to political, and that of reprisals to legal differences.
[Sidenote: Compulsive Means in contradistinction to War.]
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