Prize Orations of the Intercollegiate Peace AssociationIntercollegiate Peace Association
History
Prize Orations of the Intercollegiate Peace Association
Intercollegiate Peace Association
Peace; War
Unable to accomplish anything definite in this respect because of the
vigorous opposition headed by Germany, the delegates turned their
attention toward giving official recognition and concrete form to
ideas which had already obtained in the settlement of international
disputes, and toward the formation of a court before which the nations
might have their differences adjudicated. The principles embodied in
good offices and mediation and commissions of inquiry have given
gratifying evidence of their efficiency, each in its respective
capacity. The original achievement of the conference, however, was the
Permanent Court of Arbitration. The composition of this court was to
include not more than four persons from each of the signatory powers;
from which panel, in case of an appeal to arbitration, each party was
to select two judges, who, in turn, should elect their own umpire
unless otherwise provided by the disputants. That it would be subject
to criticism might have been expected. That twenty-six nations could
unanimously agree upon any court whatever was the real occasion for
surprise. The four cases arbitrated during the eight years intervening
between this and the Second Hague Conference served to bring out its
defects, chief of which were its decentralized and intangible nature.
Nominally a court, in reality it was but a panel scattered all over
the world from which a court could, with great difficulty and expense,
be selected. Nominally permanent, in reality it had to be re-created
for each case to be judged.
The Second Hague Conference, working on a basis of this short
experience, undertook to remedy these inherent defects in the arbitral
machinery by leaving the Permanent Court just as it was, and by
creating besides an International Court of Prize to serve a special
function indicated by its name, and a court of Judicial Arbitration to
supplement the work of, if not eventually to supplant, the former
court. To insure greater impartiality and also to encourage the weaker
powers the expenses of the new court, instead of falling upon the
litigants in each case, were to be prorated among the ratifying
powers. To insure greater tangibility and permanency the new court was
to be composed of only seventeen members, each to serve a term of
twelve years at a salary of $2400 per annum, with an additional $40
for each day of actual service. Furthermore, the court was to meet
once a year and to elect each year a delegation of three of its
members to sit at The Hague for settling minor cases arising in the
interval between regular sessions, having the power also to call extra
sessions of the entire court whenever occasion should demand. To
insure a more judicial personnel the convention specifies that members
shall be qualified to hold high legal posts in their respective
countries. The method by which members of the court were to be
appointed--the one point upon which the delegates were unable to
agree--was deferred for subsequent determination.
Public-domain text, read in full here on John Shaqi.
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