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Updated: June 12, 2025
Heretofore, the treaties to which the United States has been a party have accepted as suitable for arbitration all questions save those which concerned "vital interests and national honor." It was a great step forward, therefore, when the agreement was reached between the powers that all disputes that are justiciable and cannot be settled by diplomacy are to be submitted to arbitration.
American statesmen were among the first to propose and they have constantly urged upon the world, the establishment of a tribunal for the settlement of controversies of a justiciable character. The Permanent Court of International Justice in its major purpose is thus peculiarly identified with American ideals and with American statesmanship.
Nor is the country disposed to become a member of the League of Nations or to assume the obligations imposed by its covenant. America has been one of the foremost nations in advocating tribunals for the settlement of international disputes of a justiciable character.
" To safeguard from invasion the sovereign rights of one another; " To submit to arbitration all justiciable disputes which fail of settlement by diplomatic arrangement; " To submit to investigation by the league of nations all non-justiciable disputes which fail of settlement by diplomatic arrangement; and
In other matters, natives are justiciable before the so-called native tribunals, established during the period of the British occupation. These consist of forty-six summary tribunals, each presided over by a single judge, who is empowered to exercise jurisdiction in matters up to $500 in value, and criminal jurisdiction in offences punishable by fine or by imprisonment of three years or less.
In the latter, questions of "national honor," "vital interest," etc., were excluded from consideration, whereas, under the pending agreements, "all differences which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law and equity," are made subject to arbitration under the rules laid down in the documents.
Civil rulers, holding their authority from God through the people, are accountable for it both to Him and to them. If they abuse it they are justiciable by the people and punishable by God himself. Here is the guaranty against tyranny, oppression, or bad government, or what in modern times is called the responsibility of power.
They denied that rulers hold their power from the nation; that, however oppressive may be their rule, that they are justiciable by any human tribunal, or that power, except by the direct judgment of God, is amissible. Their doctrine is known in history as the doctrine of "the divine right of kings, and passive obedience." All power, says St.
If it is about a question that it considers suitable for arbitration it will submit it to arbitration. You know, Mr. Taft and other serious advocates of this general idea have tried to distinguish between justiciable and non- justiciable subjects, and while they have had more or less success with it, the success has not been satisfactory.
Nor is the country disposed to become a member of the League of Nations or to assume the obligations imposed by its covenant. America has been one of the foremost nations in advocating tribunals for the settlement of international disputes of a justiciable character.
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