It is interesting to note that we now have two permanent arbitral
English-American Commissions settling questions. One of them is to
determine the equitable rules to govern the use of waters on our national
boundary in which both nations and their citizens have an interest, and
to apply them to causes arising. The analogy between the function which
the Supreme Court performed in the Kansas and Colorado case in regard
to the use of the Arkansas River and that of this Commission in respect
to rivers traversing both countries and crossing the border is perfect.
Having thus reached what is practically the institution of a League and
Arbitral Court with England and Canada for the preservation of peace
between us, may we not hope to enlarge its scope and membership and give
its benefits to the world?
Will not the exhaustion in which all the belligerents, whether victors or
vanquished, find themselves after this awful sacrifice of life and wealth
make them wish to make the recurrence of such a war less probable? Will
they not be in a mood to entertain any reasonable plan for the settlement
of international disputes by peaceable means? Now, can we not devise such
a plan? I think we can.
The Second Hague Conference has proposed a permanent court to settle
questions of a legal nature arising between nations. But the signatories
to the convention would under such a plan not be bound to submit
such questions. Nor were the conferring nations able to agree on the
constitution of the court. But the agreement on the recommendation for
the establishment of such a court shows that the idea is within the
bounds of the practical.
To constitute an effective League of Peace we do not need all the
nations. Such an agreement between eight or nine of the Great Powers of
Europe, Asia, and America would furnish a useful restraint upon possible
wars. The successful establishment of a Peace League between the Great
Powers would draw into it very quickly the less powerful nations.
What should be the fundamental plan of the League?
It seems to me that it ought to contain four provisions. In the first
place, it ought to provide for the formation of a court which would be
given jurisdiction by the consent of all the members of the League to
consider and decide justiciable questions between them or any of them,
which have not yielded to negotiation, according to the principles of
international law and equity, and that the court should be vested with
power, upon the application of any member of the League, to decide the
issue as to whether the question arising is justiciable.
Second—A Commission of Conciliation for the consideration and
recommendation of a solution of all non-justiciable questions that
may arise between the members of the League should be created, and
this Commission should have power to hear evidence, investigate the
causes of difference, and mediate between the parties and then make its
recommendation for a settlement.
Public-domain text, read in full here on John Shaqi.
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