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
He began with the assertion that if a refusal of the report of the
committee would show that the Chamber had now changed its opinion,
they had before them sufficient reason for this. He wondered that a
resolution of such a nature as this had been brought forward, so soon
after the unpleasant experience which the country and people of Sweden
lately had in a so-called decision by arbitration. "The Chamber will
please to remember," continued the speaker, "that the king, with no
authority from the Riksdag, agreed with Spain to appeal to arbitration
upon the difficulties that had arisen on the right understanding of
the prolonged commercial treaty with Spain. Also the Chamber will
please to remember that this arbitration tribunal neither acted upon
the plan settled in the agreement, nor did it act in harmony with
the instructions of the treaty; and what was worse, the so-called,
or supposed, sentence which this one-man arbitration tribunal passed
did not concern the matter, which according to the agreement was to
have been settled by arbitration, but quite another, which could not
reasonably be subjected to arbitration--though the matter was, so far
as we were legally concerned, made to appear as though Sweden had
received an injustice in the principal matter which should have been
tried by arbitration, but which was not--a circumstance which, with the
Spanish authorities, has greatly weakened the position in law due to
Swedish citizens, whose rights have been violated in so unprecedented a
manner by the mode of procedure in consequence of which arbitration was
appealed to."
All this had truth in it. But does that prove anything against the
usefulness of arbitration clauses in treaties of commerce?
The agreement referred to between the united kingdoms and Spain,
January 8th, 1887, establishes:--
"A question which affects customs or the carrying out of commercial
treaties, or relates to results of some special violation of the
same, shall, when all attempts to come to an amicable agreement and
all friendly discussions have proved fruitless, be referred to an
arbitration tribunal, whose decision shall be binding on both parties."
According to this it may be plainly seen, that the well-known
Swedo-Spanish SPIRIT-DISPUTE, to which Mr. Hedin alluded, ought to have
been solved in its entirety by arbitration. The Spanish Government,
however, maintained that this affected Spanish internal concerns,
since in fact the forced sale of Karlstamms-Volagets brandy stores
in Spain took place as a result of a new spirit law, to which the
arbitration clause in this case could not be applied.
Public-domain text, read in full here on John Shaqi.
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