New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-12-18
nusPANTEES IN ARBITRATION.

The suggestion that the United States shali
guarantee that Venezuela will abide by the
award in case the current disputes are submit
ted TO arbitration is reported not TO De Wen re-
ceived at Washington. That is not in the least
SURPRISING On the contrary. 1t would De sur
prising If the suggestion were entertained anu
accepted. For thus there would be created IL
new precedent in international hugauoh, one
fraught with grave possibilities of embarrass-
ment and one on the whole not calculated 10
promote the cause of international arbitration.
II is. of course permissible for Great Britain
and Germany to decline arbitration with Venez-
uela, despite the intimation that their accept
ance Of It would be gratifying to the United
States Or they may discriminate among their
various claims holding that some are and some
are not arbitrabIe But for them to ask that
the United States shall guarantee fulflment
of the arbitral decree seems to be q procedure
in excess of all former practice among sovereign
States, and one not to be commended to favor.
1t is a fundamental principle Of international
arbitration, as indeed of other international re
lations and actions that the obligation of the
award rests upon good faith. There is no legal
sanction nor coercion behind 1t, as there may be
in the case Of arbitration between individual
citizens of the same State. The good faith OF
the parties concerned and the constraining force
Of worldwide public opinion afford the only
guarantees Of fulflment of the award. Nor
are these to be lightly dismissed as inadequate.
They have hitherto invariably proved adequate.
There is no record Of the reputation Of an
arbitral verdict between nations The only ap-
proach TO it is In the case of our own North
east boundary dispute in 1922. It is true
that the United States declined to accept the
findings Of the arbitrator but that was because
the King OF the Netherlands In his decree e1-
ceeded the terms of the reference. Interna-
tional lawyers recognized that his award was
properly voided. as such a one would have been
In a private suit. Even that then, was not a
Reputation of award. The award by its own
terms annulled itself. In all the rest Of the
record there is not even so much Of an approx
imation to failure Of arbitration. There have
been dozens Of arbitrations since the Treaty of
Client Some of them have involved States of
less responsibility and trustworthiness than
Venezuela. In some Of them the verdicts have
been most unwelcome and even repugnant But
they have all been Loyalty accepted and full
filled. That is an impressive fact, and it is one
of the most encouraging facts connected with
the whole subject Of international arbitration.
So far as Venezuela individually is concerned,
it is not to be denied that she has in other
things been neglectful of her obligations. For
her delinquencies and Ill doings she has been
criticised here, even In the columns Of The Trib-
une, as sharply in London or Berlin. But
so far as international arbitration is concerned
that country does not seem to have forfeited her
title TO credit. We can recall three interna-
tional arbitrations to which she has been q
party. In two of them the verdicts were against
her, and in the third the arbitrators practically
split the difference" But we have heard no
complaint that she repudiated or attempted TO
repudiate any Of the awards. The last Of the
three suits was with France. The Judgment
against Venezuela. But Venezuela be-
haved so well In the case that France has been
willing to enter into arbitration with her again
on later matters Of controversy, and is In fact
at the present moment thus engaged. In these
circumstances 1t is difficult to perceive any
good reason for the unprecedented proposal
which has been made by or both of the al
lied powers now operating against Venezuela
II the case is to be arbitrated at ALL and it is to
be hoped 1t u.s. it is worthy to be dealt with as
all other international controversies have been
when submitted to arbitration. There certainly
seems to be no reason for the United States to
Endorse the notes of Venezuela.