The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-09
The Arbitration and Mediation Propo-
sails at the Peace Conference.

Although tho latest news from The Hague
indicates that earnest efforts are made To
arrive AZ some definite agreement whereby
war ;nay be often ayertcd through recourse
t. arf,.' ration and mediation, we are still
skeI, al regarding the practical outcome
OF the projects.
Let us look first, Mt the plan for cstab-
fishing an international board OF arbitra-
ton. Tho British and American delegates
have proposed that the submission of
controversies to this tribunal should
be. in all cases. voluntary on the part
OF the nations Interested. An inter-
national court, the jurisdiction OF which
should be thus circumscribed, would
constitute no great Improvement upon
the existing state Of things. II, prob
ably, would have little to do for two ma
tions, having agreed to settle dispute by
arbitration, would, generally, prefer. to fol-
low the existing practice and submit it to
arbitrators appointed dd hoe. among whom
the umpire would represent n disinterested
nation. Foresneing the likelihood OF such
preference for temporary over perma-
nent tribunal. the delegates Of Russia have
proposed to assure n certain amount OF
business to the latter body by specifying
number OF controversies not involving
nations honor, dignity, or territorial in
tegrity, as to which arbitration should be
compulsory for all the States represented
on the international tribunal.
Here, again, We are confronted by the
question What is meant by the term com
pulsory2 1t Ia conceivable that one Of the
cosignatory powers might be led by an I'M
fortunate experience to doubt the impair
TALLY OF the permanent international
court and might, consequently. refuse to
submit TO it even controversy clearly be-
longing to the class OF cases designated for
compulsory arbitration. How is the recall
citrant power to be coerced into compliance
with an agreement made at The Hague
and, subsequently, embodied in treaties 2
Will the other parties to the agreement
combine to exact compliance by force OF
arms2 What we should then witness
would be war. the very thing which the
Peace Conference Is aiming to avoid.
History abounds with proofs that no ma
ton will permit itself to remain tied by
treaty obligations after 1t becomes con-
WINGED that these are detrimental to its well
fare. Less than fifteen years after the
Peace OF Paris, concluded In 1855, Russia
announced that 1t would no longer be
bound by its promise not to maintain a
war feet in the Black Sea. No attempt
to coerce her was made by the other powers
represented In the Paris Congress Of the
year named. and we may be quite sure that
refusal to conform to an agreement to sub
NIT a certain class OF cases to arbitration
would also go unpublished. 1t is, therefore,
practically, useless for the powers repre-.
scented at The Hague to declare that the
arbitration OF certain specified disputes
shall be compulsory. Compulsion, II eX.
ercsed, would be war; and there Is no In,
tention OF resorting to that coercive agency
We abide, then, In the opinion formerly ex
pressed, that the principal practical effect
OF the Peace Conference, so far as arbitra
tIon is concerned, will be to stimulate the
public sentiment which commends that
pacific method of settling many contro
versles to the civilized nations OF the globe
The mediation project brought forward
by the American delegates was originally
advocated on the ground that the mediat
ing nations would perform the functions
which are discharged by seconds in due
between individuals. The proposal Is that
b"lore TWO powers appeal TO force. eact
shall select mediating nation, and the two
mcdlators shall endeavor, as seconds In
duel do, to arrange a pacific settlement o.
the quarrel. Analogics. although some
times illuminative, are apt to be dcluslve
Neither Of the principals in prospective
duel loses any OF his original advantages
during the delay required for conference
on the part Of the seconds. In duel he
tween nations, on the other hand, as, fo
instance, between Germany and France, OF
between Germany and Russia. the tire
mendous initial advantage which German,
Is supposed to possess in respect OF spceC
Of mobilization would be lost during Ia,
period allotted to tho efforts Of the medat
ing powers.
1t is trpe that the plan for mediation la!'
before the Peace Conference provides tina