Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-01-06
The Hague Tribunal.

appointment and their powers. Now
that this international court is having
such great prominence as the body to
which the Venezuelan dispute has been
referred, through the efforts of Pres
ident Roosevelt, possibly some facts
readers than the one who has written
for information. The court is the out
growth of the world peace conference,
called by the Car of Russia and held
at The Hague, the capital of Belgium,
in the summer of 1899. This historic
gathering was in session from May Is
to July 20 of that year.
The international court of arbitra-
ton, now commonly called the Hague
tribunal, was the only tangible result
of that gathering and is proving epoch
making in it's importance. 1t was the
result of the suggestions of the Amer
lean and English delegates The fol-
lowing articles from the treaty, or con-
vention, show the purpose and place
of the court,
with the object of facilitating i'm
mediate recourse to the arbitration of
international differences not settled by
diplomatic means, the signatory pow
ers pledge themselves to organize in
the following manner permanent
court of arbitration, accessible at all
times and working Except there be a
Of ha n Itir,cr
parties) in conformity with the rules
of procedure inserted in the present
convention.
Each of the signatory powers shall
designate inthe three months follow
ing the ratification of the present act
four persons at the most, of recognized
competence i'll questions of interna-
tional law, and enjoying the highest
esteem, and ready to accept the duties
of arbitrator. The persons thus NOM
mated will be entered, with the title of
members of the court, on a list which
will be communicated by the bureau to
all the sgratory powers"
The bureau referred to in the article
just quoted is an international bureau,
under the direction of a permanent
secretary general. 1t is under the SUI
pervision and control of permanent
council composed of the diplomatic
representatives at The Hague under
the presidency of the Dutch minister
of foreign affairs. 1t acts as the office
of the court, keeps the archives, pro-
mulgates the decisions, etc. The men,
bcrs of the court are appointed for a
term of six years, and may be reap
pointed. The court sits usually at The
Hague but may sit elsewhere at the
desire or with the consent of the par
ties in litigation. The following ar
ticle shows how the machinery of ar
htration is set in motion.
1.-The powers which accept arbitra-
ton will sign SPECIAL agreement or
compromise, in which are clearly set
forth the object of the dispute as we'll
as the extent of the arbitrators' pow
ers. This document shall confirm the
undertaking of the parties to submit
themselves in good faith to the arbi-
traitors decision. The arbitral func-
lions may be conferred on one single
arbitrator, or on several arbitrator,
named by the parties at their own dis
erection or chosen by them among the
members of the permanent arbitration
court established by the present act.
In the absence of Il contrary agree
ment the formation of the tribunal of
arbitration shall be proceeded with in
the following manner Each party
snail name two arbitrators, and they
shall choose together an umpire. In
case of 4 division of votes, the choice
of the umpire shall be intrusted to a
third power, named in agreement by
the parties If an agreement is, not
come to On this subject each party
shall designate different power, and
z TIE choice of the umpire shall be made
in concert by the powers so designat-
ed"
After receiving the evidence and
hearing the arguments, the arbitrator
deliberate behind closed doors. The
decision of the majority is given in
writing, and must state the reasons on
which it is based. 1t is final, except
that in the absence of an agreement to
bunaD may be demanded within three
months. Each party to the litigation
bears it's own expenses and an equal
share of the expenses of the tribunal.
In advising the aggrieved European
governments and Mr.. Castro to take
their controversy fogThe Hague, Mr..
Roosevelt wsasssimply living up to the
letter and spirit of Article XVIII,
which says: 1.-The signatory powers
consider it a duty, in case a sharp
conflict should threaten to break out
between two or more of them, to re-
mind these that the permanent court
is open to Them
This permanent court has total of
about 50 members, representing the
United States, Great Britain, Germany,
France, Russia, Austria, Belgium, Den |
mark, Italy, Japan, Netherlands, Port |
ugal, Roumania, Spain, Sweden and |