The Great Events by Famous Historians, Volume 21: The Recent Days (1910-1914)
History
The Great Events by Famous Historians, Volume 21: The Recent Days (1910-1914)
World history
The principle and scope of international arbitration, as exemplified in
the treaties recently negotiated by the United States with Great
Britain and France, should commend itself to the American people. These
treaties go a step beyond any similar instruments which have received
the sanction of the United States, or the two foreign Powers specified.
They enlarge the field of arbitrable subjects embraced in the treaties
ratified by the three governments in 1908. They lift into the realm of
discussion and hearing, before some kind of a tribunal, many of the
causes of war which have made history such a sickening chronicle of
ravage and cruelty, bloodshed and desolation.
After years of patient endeavor by men of various nations, and despite
many obstacles and discouragements, there has been established at The
Hague a Permanent Court of Arbitration, to which contending governments
may submit certain classes of controversies for adjudication. This
court has already justified its creation and existence by the
settlement of contentions which in other days led to disastrous wars,
and even in this enlightened age might have precipitated serious
ruptures. The United States Government, as represented by the National
Administration, is ready to utilize this method of settling
international disputes to a greater extent than ever before. That is,
we are willing to refer to this tribunal, or a similar one, questions
which heretofore have been left entirely to diplomatic negotiation.
The treaties go further by providing for the creation of a Joint High
Commission, to which shall be referred, for impartial and conscientious
investigation, any controversy between this Government, on one hand,
and Great Britain or France, on the other hand, before such a
controversy has been submitted to an arbitral body from which there is
no appeal.
And, assuming that governments, like individuals, do not always
display, while a dispute is in progress, that calmness of judgment and
equipoise which are so consistent with righteous deportment, provision
is made for the passion to subside and the blood to cool, by deferring
the reference of such controversy to the Joint High Commission for one
year. This affords an opportunity for diplomatic adjustment without an
appeal to the commission.
The plan of submission to a joint high commission, composed of three
citizens or subjects of one party and the same number of another, is a
concession to the fear of being too tightly bound to an adverse
decision made manifest in the objections of the Senate committee,
because it may well be supposed that two out of three citizens or
subjects of one party would not decide that an issue was arbitrable
under the treaty against the contention of their own country unless it
were reasonably clear that the issue was justiciable under the first
clause of the treaty.
Public-domain text, read in full here on John Shaqi.
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