I confess I should be greatly disappointed if I believed that the
history I have attempted to give of this controversy did not easily and
promptly suggest that this definition of our contention fails to take
into account some of its most important and controlling features.
Speaking of arbitration as a method of terminating international
differences, Lord Salisbury said:
It has proved itself valuable in many cases, but it is not free
from defects which often operate as a serious drawback on
its value. It is not always easy to find an arbitrator who is
competent and who, at the same time, is wholly free from bias;
and the task of insuring compliance with the award when it is
made is not exempt from difficulty. It is a mode of settlement
of which the value varies much according to the nature of the
controversy to which it is applied and the character of the
litigants who appeal to it. Whether in any particular case
it is a suitable method of procedure is generally a delicate
and difficult question. The only parties who are competent
to decide that question are the two parties whose rival
contentions are in issue. The claim of a third nation which
is unaffected by the controversy to impose this particular
procedure on either of the two others cannot be reasonably
justified and has no foundation in the law of nations.
Immediately following this statement his Lordship again touched upon
the Monroe Doctrine for the purpose of specifically disclaiming its
acceptance by her Majesty’s Government as a sound and valid principle.
He says:
It must always be mentioned with respect, on account of the
distinguished statesman to whom it is due and the great nation
who have generally adopted it. But international law is founded
on the general consent of nations; and no statesman, however
eminent, and no nation, however powerful, are competent to
insert into the code of international law a novel principle
which was never recognized before, and which has not since been
accepted by the Government of any other country. The United
States have a right, like any other nation, to interpose in any
controversy by which their own interests are affected; and they
are the judge whether those interests are touched and in what
measure they should be sustained. But their rights are in no
way strengthened or extended by the fact that the controversy
affects some territory which is called American.
Public-domain text, read in full here on John Shaqi.
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