Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmamentArnoldson, K. P. (Klas Pontus)
Philosophy
Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmament
Arnoldson, K. P. (Klas Pontus)
Arbitration (International law); International law; Neutrality
other, it is true that one cannot in general attribute any special
importance to them. Nothing is gained by over-estimating their value.
But they deserve to be brought forward as enrichments of international
law and guide-posts for other States. And that the small States need
not wait until the great ones are ready to unite appears just as much
in accordance with the nature of the case as with the interests of
their own well-being.
Calvo, undeniably the first authority in these matters, emphasizes
as a significant fact, that no single example can be pointed to in
which States, after their mutual disputes have been referred to the
consideration or judgment of arbitrators, have sought to _withdraw from
the operation_ of the decision. And according to Henry Richard and
other authorities, by allowing international questions to be settled by
arbitration, at least in sixty-seven instances, disputes of a menacing
character have been averted.
I shall not here give a detailed account of all these instances, but
only with the greatest conciseness refer to some of them.
In 1794 a contest between England and the United States of America
respecting St. Croix river was settled by arbitration; in 1803
France was in the same way condemned to pay 18 million francs to the
United States of America for unlawful seizure of vessels; in 1818 a
threatening dispute between Spain and the United States of America was
settled by arbitration, and a contention between these and England was
arranged by the Emperor of Russia, who was chosen as arbitrator, etc.
The best known of such disputes was the so-called Alabama question,
which threatened a desolating world-war. This affair sprang out of the
North American civil war 1861-65. The Southern States had privateers
built in England, among which the _Alabama_ especially wrought great
mischief to the Northerners. The Government of the Union considered
that England had broken her neutrality in allowing the equipment of
the privateer, and requested compensation.
A bitter feeling grew up and war appeared inevitable. But on January
24th, 1869, an agreement was happily entered into, which, with fresh
negotiations, led to the Washington treaty, May 8th, 1871. In harmony
with this the dispute was referred for settlement to a Court of
Arbitration consisting of five members, of which England and the United
States each chose one, and the neutral states of Italy, Switzerland,
and Brazil, likewise each chose one. These five met on December 15th,
1871, as a tribunal of arbitration, at Geneva, and delivered their
judgment on September 14th following (four votes against England's
one), that the English Government had made a breach in its duty
as a neutral power with respect to some of the privateers under
consideration, and therefore England would have to pay an indemnity of
15-1/2 million dollars to the United States.[9]
England bowed to the award and fulfilled her duty.
Public-domain text, read in full here on John Shaqi.
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