United States or San Marino ? Vote for the TOP Country of the Week !
"On account of the difficulties of the subject, which do not appear on the surface, but which experience has shown to be very real, I feel that it would be impracticable to provide in the Peace Treaty too definitely the method of constituting arbitral tribunals.
Nearly all, moreover, accept the distinction drawn between justiciable issues, relating to the application or interpretation of laws or to the ascertainment of facts by means of legal evidence, which are suitable for settlement by a judicial or arbitral process, and those which, not being capable of such settlement, are better suited for a looser process of inquiry and conciliation.
Judicial settlement of international disputes, Lansing's plan, subordinated in Wilson's draft, Lansing on diplomatic adjustment and, Lansing urges as nucleus of League, in Lansing's resolution of principles, Lansing's appeal for, in Covenant, arbitrators of litigant nations, difficulties in procedure, cost, elimination from Covenant of appeal from arbitral awards, how effected, Lansing's appeal ignored, in Cecil plan, See also Arbitration; Diplomatic adjustment.
The covenants for the prevention of war which would be embodied in the general treaty would be as follows: The members of the league would bind themselves not to go to war until they had submitted the questions at issue to an international conference or an arbitral court, and until the conference or court had issued a report or handed down an award.
There had been two abortive attempts to do so through arbitral commissions, which failed through lack of jurisdiction.
In January, 1910, at the request of both Governments the agents representing them met in conference at the Department of State and subsequently concluded a protocol submitting this long-pending controversy to the arbitral judgment of the Chief justice of the United States, who consented to act in this capacity.
The increase of arbitral methods and the formation of leagues of peace or even of a world-state are matters calling for earnest thought; but the spread of the notion of humanity, the co-operation of all mankind in a common work is more fundamental and may be begun by any one at home. This idea, starting with the Stoics, is fully developed with the advent of modern science.
An arbitral court of justice, to be erected in Costa Rica and composed of one judge from each nation, was to decide all matters of dispute which could not be adjusted through ordinary diplomatic means. Here, also, an institute for the training of Central American teachers was to be established.
With the enforcement of the San Domingo Improvement Company's arbitral award and the inauguration of the receivership for Santo Domingo the control of the custom-house passed out of the hands of the local chieftains, who sullenly protested as against an invasion of their treaty rights.
The long-pending boundary dispute between the Argentine Republic and Chile was settled in March last by the award of an arbitral commission, on which the United States minister at Buenos Ayres served as umpire. Progress has been made toward the conclusion of a convention of extradition with the Argentine Republic.
Word Of The Day