Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
_Par._ 4.--The amended Convention, as a whole, is still, like
its predecessor, purely facultative. The Russian proposal to
make resort to arbitration universally obligatory in a list of
specified cases, unless when the "vital interests or national
honour" of States might be involved, though negatived in 1899,
was renewed in 1907, in different forms, by several Powers,
which eventually concurred in supporting the
Anglo-Portuguese-American proposal, according to which,
differences of a juridical character, and especially those
relating to the interpretation of treaties, are to be submitted
to arbitration, unless they affect the vital interests,
independence, or honour, of the States concerned, or the
interests of third States; while all differences as to the
interpretation of treaties relating to a scheduled list of
topics, or as to the amount of damages payable, where liability
to some extent is undisputed, are to be so submitted without
any such reservation. This proposal was accepted by thirty-two
Powers, but as nine Powers opposed it, and three abstained from
voting, it failed to become a convention. The delegates to the
Conference of 1907 went, however, so far as to include in their
"Final Act" a statement to the effect that they were unanimous:
(1) "in recognising the principle of obligatory arbitration";
(2) "in declaring that certain differences, and, in particular,
such as relate to the interpretation and application of the
provisions of International Conventions, are suitable for being
submitted to obligatory arbitration, without any reservations."
_Par._ 5.--The Convention between France and Great Britain,
concluded on October 14, 1903, for five years, and renewed in
1908, and again in 1913, for a like period, by which the
parties agree to submit to The Hague tribunal any differences
which may arise between them, on condition "that they do not
involve either the vital interests, or the independence, or
honour of the two contracting States, and that they do not
affect the interests of a third Power," has served as a model
or "common form," for a very large number of conventions to the
same effect, entered into between one State and another. The
Convention of April 11, 1908, between Great Britain and the
United States is substantially of this type.
But see now the three letters which follow.
THE LEAGUE OF NATIONS
Sir,--The League is unquestionably "a brave design." Sympathy with its
objects and some hope that they may be realised have induced myself, as,
doubtless many others, to abstain from criticising the way in which the
topic has been handled by the representatives of the victorious Powers.
Recent discussions seem, however, to render such reticence no longer
desirable.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account