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
On April 21st, 1888, Passy and forty-four other deputies moved a
resolution in the Chamber to the same effect; and the idea has been
carried forward in many ways since then, especially by a petition to
the President of the United States from three International Congresses
held in Paris, June 23rd-30th, 1889.
ARBITRATION.
Should these efforts lead in the near future to the intended result,
International Law would thereby have made an important progress.
It can no longer be denied that International Law does actually exist;
but we undervalue its significance because we are impatient. We do
not notice the advances it has made because they have been small;
but they have been numerous; and slowly, step by step, international
jurisprudence has progressed. This affects not only the awakening sense
of justice and acknowledged principles, but also their application,
which from the days of Hugo Grotius, 250 years ago, down to Martens,
Bluntschli, Calvo, and other most distinguished jurists of our day, has
been the subject of great scholarly activity, by means of which the
various regulations of jurisprudence have little by little been pieced
together into a foundation and substance of universally accepted law.
What has been most generally done to gain the object in view has
been the INSERTION OF ARBITRAL CLAUSES in treaties which were being
concluded or had already been concluded in reference to other
questions. In this direction SIGNOR MANCINI of Italy has been
especially active. As during the time he was Minister of Foreign
Affairs he had the concluding of a great number of treaties between
Italy and other countries, he made use of the opportunity to insert
into almost all--in nineteen instances[1]--an arbitral clause.
We have examples of treaties with such clauses in the commercial
treaty between Italy and England, 1883; Norway, Sweden, and Spain, by
a supplement in 1887; also England and Greece, 1886. According to the
first two agreements, all disputes about the right understanding of
the treaties shall be settled by arbitration, as soon as it becomes
apparent that it is vain to hope for a friendly arrangement. In the
Greco-English treaty it is further stipulated that all disputes which
directly or indirectly may arise in consequence of that treaty always
shall, if they cannot be amicably arranged, be referred to a committee
of arbitration, which shall be nominated by each party with a like
number of members; also that if this committee cannot agree, there
shall be appointed a tribunal of arbitration, whose decision both
nations bind themselves to accept.
The idea of concluding distinct TREATIES OF ARBITRATION, or of giving a
widely extended range to arbitral clauses, so that they should affect
the whole relation of the contracting parties to one another, is
comparatively new.
Public-domain text, read in full here on John Shaqi.
Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmament — 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