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template the establishment of any such permanent institution. The American plan contained a carefully devised project for such a tribunal, which differed from that adopted mainly in contemplating a tribunal capable of meeting in full bench and permanent in the exercise of its functions, like the Supreme Court of the United States, instead of a court like the supreme court of the State of New York, which never sits as a whole, but whose members sit from time to time singly or in groups, as the occasion may demand. The court of arbitration provided for resembles in many features the supreme court of the State of New York and courts of unlimited original jurisdiction in various other States.
"In order to make this system effective a council was established, composed of the diplomatic representatives of the various powers at The Hague, and presided over by the Netherlands minister of foreign affairs, which should have charge of the central office of the proposed court, of all administrative details, and of the means and machinery for speedily calling a proper bench of judges together and for setting the court in action. The reasons for our cooperation in making this plan will be found in the accompanying report. This compromise, involving the creation of a council and the selection of judges not to be in session save when actually required for international litigation, was proposed by Great Britain, and the feature of it which provided for the admission of the Netherlands, with its minister of foreign affairs as president of the council, was proposed by the American commission. The nations generally joined in perfecting other details. It may truthfully be called, therefore, the plan of the conference.
"As to the revision of the decisions by the tribunal in case of the discovery of new facts, a subject on which our instructions were explicit, we were able, in the face of determined and prolonged opposition, to secure recognition in the code of procedure for the American view.
"As regards the procedure to be adopted in the international court thus provided, the main features having been proposed by the Russian delegation, various modifications were made by other delegations, including our own. Our commission was careful to see that in this code there should be nothing which could put those conversant more especially with British and American common law and equity at a disadvantage. To sundry important features proposed by other powers our own commission gave hearty support. This was the case especially with article 27 proposed by France. It provides a means, through the agency of the powers generally, for calling the attention of any nations apparently drifting into war to the fact that the tribunal is ready to hear their contention. In this provision, broadly interpreted, we acquiesced, but endeavored to secure a clause limiting
to suitable circumstances the duty' imposed by the article. Great opposition being shown to such an amendment as unduly weakening the article, we decided to present a declaration that nothing contained in the convention should make it the duty of the United States to intrude in or become entangled with European political questions or matters of internal administration or to relinquish the traditional attitude of our nation toward purely American questions. This declaration was received without objection by the conference in full and open session.
"As to the results thus obtained, as a whole, regarding arbitration, in view of all the circumstances and considerations revealed during the session of the conference, it is our opinion that the Plan for the pacific settlement of international disputes,' which was adopted by the conference, is better that that presented by any one nation. We believe that, though it will doubtless be found imperfect and will require modification as time goes on, it will form a thoroughly practical beginning, it will produce valuable results from the outset, and it will be the germ out of which a better and better system will be gradually evolved.
"As to the question between compulsory and voluntary arbitration it was clearly seen before we had been long in session that general compulsory arbitration of questions really likely to produce war could not be obtained; in fact that not one of the nations represented at the conference was willing to embark in it, so far as the more serious questions were concerned. Even as to the questions of less moment, it was found to be impossible to secure agreement, except upon a voluntary basis. We ourselves felt obliged to insist upon the omission from the Russian list of proposed subjects for compulsory arbitration international conventions relating to rivers, to interoceanic canals, and to monetary matters. Even as so amended, the plan was not acceptable to all. As a consequence the convention prepared by the conference provides for voluntary arbitration only. It remains for public opinion to make this system effective. As questions arise threatening resort to arms it may well be hoped that public opinion in the nations concerned, seeing in this great international court a means of escape from the increasing horrors of war, will insist more and more that the questions at issue be referred to it. As time goes on such reference will probably more and more seem to the world at large natural and normal, and we may hope that recourse to the tribunal will finally, in the great majority of serious differences between nations, become a regular means of avoiding the resort to arms. There will also be another effect worthy of consideration. This is the building up of a body of international law growing out of the decisions handed down by the judges. The procedure of the tribunal requires that reasons for such decisions shall be given, and these
decisions and reasons can hardly fail to form additions of especial value to international jurisprudence."
Report of the American delegates to The Hague Conference to the Secretary of State, July 31, 1899, For. Rel. 1899, 513, 516-518.
"TITLE IV.-ON INTERNATIONAL ARBITRATION.
"CHAPTER I.-On the System of Arbitration.
"ARTICLE XV. International arbitration has for its object the settlement of differences between States by judges of their own choice, and on the basis of respect for law.
"ARTICLE XVI. In questions of a legal nature, and especially in the interpretation or application of International Conventions, arbitration is recognized by the Signatory Powers as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle.
"ARTICLE XVII. The Arbitration Convention is concluded for questions already existing or for questions which may arise eventually.
"It may embrace any dispute or only disputes of a certain cate
"ARTICLE XVIII. The Arbitration Convention implies the engagement to submit loyally to the Award.
"ARTICLE XIX. Independently of general or private Treaties expessly stipulating recourse to arbitration as obligatory on the Signatory Powers, these Powers reserve to themselves the right of concluding, either before the ratification of the present Act or later, new Agreements, general or private, with a view to extending obligatory arbitration to all cases which they may consider it possible to submit to it.
"CHAPTER II.—On the Permanent Court of Arbitration,
"ARTICLE XX. With the object of facilitating an immediate recourse to arbitration for international differences, which it has not been possible to settle by diplomacy, the Signatory Powers undertake to organize a permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the Rules of Procedure inserted in the present Convention.
"ARTICLE XXI. The Permanent Court shall be competent for all arbitration cases, unless the parties agree to institute a special Tribunal.
"ARTICLE XXII. An International Bureau, established at The Hague, serves as record office for the Court.
This Bureau is the channel for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the administrative business.
The Signatory Powers undertake to communicate to the International Bureau at The Hague a duly certified copy of any conditions of arbitration arrived at between them, and of any award concerning them delivered by special Tribunals.
"They undertake also to communicate to the Bureau the Laws, Regulations, and documents eventually showing the execution of the awards given by the Court.
"ARTICLE XXIII. Within the three months following its ratification of the present Act, each Signatory Power shall select four persons at the most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrators.
The persons thus selected shall be inscribed, as members of the Court, in a list which shall be notified by the Bureau to all the Signatory Powers.
"Any alteration in the list of Arbitrators is brought by the Bureau to the knowledge of the Signatory Powers.
“Two or more Powers may agree on the selection in common of one or more Members.
"The same person can be selected by different Powers.
The Members of the Court are appointed for a term of six years. Their appointments can be renewed.
"In case of the death or retirement of a member of the Court, his place shall be filled in accordance with the method of his appoint
"ARTICLE XXIV. When the Signatory Powers desire to have recourse to the Permanent Court for the settlement of a difference that has arisen between them, the Arbitrators called upon to form the competent Tribunal to decide this difference, must be chosen from the general list of members of the Court.
Failing the direct agreement of the parties on the composition of the Arbitration Tribunal, the following course shall be pursued:Each party appoints two Arbitrators, and these together choose an Umpire.
"If the votes are equal, the choice of the Umpire is intrusted to a third Power, selected by the parties by common accord.
"If an agreement is not arrived at on this subject, each party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected.
"The Tribunal being thus composed the parties notify to the Bureau their determination to have recourse to the Court and the names of the Arbitrators.
H. Doc. 551-vol 77
"The Tribunal of Arbitration assembles on the date fixed by the parties.
"The Members of the Court, in the discharge of their duties and out of their own country, enjoy diplomatic privileges and immunities. "ARTICLE. XXV. The Tribunal of Arbitration has its ordinary seat at The Hague.
"Except in cases of necessity, the place of session can only be altered by the Tribunal with the assent of the parties.
"ARTICLE XXVI. The International Bureau at the Hague is authorized to place its premises and its staff at the disposal of the Signatory Powers for the operations of any special Board of Arbitration.
"The jurisdiction of the Permanent Court, may, within the conditions laid down in the Regulations, be extended to disputes between non-Signatory Powers, or between Signatory Powers and nonSignatory Powers, if the parties are agreed on recourse to this Tribunal.
"ARTICLE XXVII. The Signatory Powers consider it their duty, if a serious dispute threatens to break out between two or more of them, to remind these latter that the Permanent Court is open to them.
"Consequently, they declare that the fact of reminding the conflicting parties of the provisions of the present Convention, and the advice given to them, in the highest interests of peace, to have recourse to the Permanent Court, can only be regarded as friendly actions.
"ARTICLE XXVIII. A Permanent Administrative Council, composed of the Diplomatic Representatives of the Signatory Powers accredited to The Hague and of the Netherland Minister for Foreign Affairs, who will act as President, shall be instituted in this town as soon as possible after the ratification of the present Act by at least nine Powers.
"This Council will be charged with the establishment and organization of the International Bureau, which will be under its direction and control.
"It will notify to the Powers the Constitution of the Court and will provide for its installation.
"It will settle its Rules of Procedure and all other necessary Regulations.
"It will decide all questions of administration which may arise with regard to the operations of the Court.
"It will have entire control over the appointment, suspension or dismissal of the officials and employés of the bureau.
"It will fix the payments and salaries, and control the general expenditure.
"At meetings duly summoned the presence of five members is sufficient to render valid the discussions of the Council. The decisions are taken by a majority of votes.