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In 1876 Venezuela began negotiations for some means of deciding the dispute and came to the conclusion that arbitration was her only recourse. On the refusal of Great Britain to heed her protests, the Venezuelan government suspended diplomatic relations in 1887, although the United States attempted to prevent a rupture by suggesting the submission of the difference to an arbitral tribunal.
As a part of the arrangement which was reached between the parties, and at the request of the Government of Ecuador, I have consented to name an arbitrator, who, acting under the terms of the railroad contract, with an arbitrator named by the Ecuadorian Government, will pass upon the claims that have arisen since the arrangement reached through the action of a similar arbitral tribunal in 1908.
Arbitration signifies a judicial attitude of mind, a judgment based on facts. These facts are derived from specific conditions and do not grow out of broad generalizations. Arbitral tribunals are created to decide points in dispute, not philosophies of human action.
The arbitrators determined the instalments payable and specified the custom-house of Puerto Plata and certain others as security, which were to be turned over to an American agent in case of failure to pay. No payment being made, the American agent demanded compliance with the arbitral award and on October 20, 1904, was placed in possession of the custom-house at Puerto Plata.
Therefore, international peace is a crucial necessity. An arbitral court of justice shall be established by which international disputes are to be settled. Through this means all possibility of discord and war between the nations will be obviated. Ninth, there must be an equality of rights between men and women. Women shall receive an equal privilege of education.
" To abide by the award of an arbitral tribunal and to respect a report of the league of nations after investigation; "That the nations should agree upon " A plan for general reduction of armaments on land and sea; " A plan for the restriction of enforced military service and the governmental regulation and control of the manufacture and sale of munitions of war;
The Draft Convention for the Establishment of the Court of Arbitral Justice, as it was agreed the new court should be designated, was submitted to the Conference and its adoption recommended to the signatory powers. This Draft contained thirty-five articles and covered everything except the method of appointing judges.
The same problem has arisen, of course, many times in the course of trade union negotiations for example, in the coal mines and railroads of the United States. Section 12 , Trades Board Act, 1909, Restated in the Corn Production Act, 1917. J. N. Stockett, Jr., "Arbitral Determination of Railway Wages," page 23. J. N. Stockett, Jr., "The Arbitral Determination of Railway Wages," page 21.
Rules of conduct which govern men in their relations to one another are being applied in an ever-increasing degree to nations. The battle-field as a place of settlement of disputes is gradually yielding to arbitral courts of justice.
It is also needless, in view of the full narrative of events contained in these pages, to state that I failed entirely in my endeavor to divert the President from his determination to have these provisions inserted in the Covenant, except in the case of international arbitrations, and even in that case I do not believe that my advice had anything to do with his abandonment of his ideas as to the method of selecting arbitrators and the right of appeal from arbitral awards.
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