The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1899-06-03
THE RUSSIAN SCHEME.
Regarding Mediation and
Arbitration.

The Hague, May 31.-v aderland
prints the text of the Russian proposals
regarding mediation and arbitration.
Part deals with the desirability OF
seeking solution of international dis
putes by the mediation of friendly pow
ers and sets forth that such good Offices,
whether sought or proffered, shall bear
strictly the character of friendly
counsel and in no way of compulsory
force.
Part 2 deals with international arbi-
tration, which it declares "the most
efticacious and equitable means of set
ting questions regarding the interna-
tional application of treaties" The
contracting powers, therefore, should
undertake to seek arbitration in such
cases, so far as these affect neither vital
interests nor the national honor of the
parties in dispute. Then, after setting
forth that each state remains the sole
judge of what cases are so to be submit
ted to arbitration, it is suggested that
large number of cases, such as ques-
tions of pecuniary damage and disa-
greements in the application of treaties
or conventions affecting commercial,
postal, navigation, currency, sanitary
and copyright matters and the like, not
affecting vital interests or national
honor, are those in which arbitration
should be obligatory. In all other
cases, says the Russian scheme, arbitra-
ton, though recommended by the pres
emit act, can only be applied on the spon-
taneous initiative of one of the parties
in dispute and with the express con-
sent of the other parties. The closing
clause provides as follows:
With view of facilitating recourse to
arbitration. the signatory powers agree to
formulate common arrangement for the
employment of International arbitration
and for the fundamental principles to be
observed in drawing up rules of procedure
to be followed pending inquiry into the
dispute and the pronouncement of the ar
bitrator's decision. The application of
these principles and procedure may be
modified in virtue of special arrangements
between the states which NAV have re-
course to arbitration"
Part deals with an international
commission of inquiry. 1t provides as
follows:
In cases of divergence causing interna-
tional litigation on local circumstances.
which cannot be settled by ordinary dip
lomatfc means, but do not involve honor
or vital interests, the governments in
terested agree to institute an international
commission of inquiry to investigate i'm
partially all questions of fact. Each gov
eminent interested shall appoint two mem
bers of the commission. These four shall
choose fifth. who shall be president of
the commission. If the votes are divided
as to this, an appeal shall be made to an
other government or to third party to ap-
point a president.
After the investigation, the commits
sion shall submit report signed by all the
members to the governments Interested
The report shall in no wise have the
character of an arbitration judgment, but
shall leave the conflicting parties at full
liberty either to conclude a friendly ar.
rangement on the basis of said report, or
TO have recourse to arbitration by conclud-
ing an agreement ad hoe, or else by re-
sorting to active measures allowable in
the mutual relations between nations"
The Russian proposals are followed
by code of arbitration indicating pro-
cedure on these lines:
THE states interested that have &C.
cepted arbitration shall sign special act
OF compromise, clearly setting forth the
questions to be arbitrated and the full
facts connected Herewith. The compro-
mise thus concluded may provide for arbi-
tration upon the whole matter in dispute
or upon points categorically determined.
The governments interested may en-
trust the functions of arbitration either to
sovereign third power or to a tribunal of
arbitration. Such tribunal shall be Sc
lected in the same manner as commissions
OF INQUIRY and. If difficulty arises in choos-
ing the fifth arbitrator as president. the
other powers shall be asked by common