The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-10-09
Obligatory Arbitration KILLED.

The final blow was given az The Hague
on October : t. the Anglo American prof
ect for obligatory arbitration. which was
submitted on .iulv y hv the American
delegation 10 the peace conference. How
the inal disposition of IN" matter can be-
described by some american correspond
ents a. u victory" can only Ice explained
on the assumption hat they overlook the
fact that unanimltr j. Indispensable for
n decision.
Aftcradlecu,sion of the proposed Inter
national HIGH Court of Justice. 10 which
the reference uf certain controversies
should be compulsory. the committee
on arbitration, the most important of
the committees among which the work
of the conference has been distributed
proceeded 10 ballot. with the result that
thirty-one otc were recorded in the
affirmative 10 nine IN the negative. The
nine were those 81 Germany. Austria
Hungary, Switzerland, Belgium. Ru-
mania, Greece. Turkey, Bulgaria and
Montenegro. Baron MARSCHALL yoN
B"IEBERSTETN. however. succeeded in per-
suading Italy and Luxembourg TO refrain
from voting, and Japan needed no per
suasion to pursue a similar course As
the result of this voting in committee
shows that the proposal has not the
slightest chance of unanimous abortion
in the coming plcnary session of the con-
ference, il is absurd to term it a triumph
for the United STATES.
There is this 10 he said, however. that
the affirmative vote was larger than
three months & could reasonably have
been expected, since it included all Euro
pean countries that kccnly desire the
good will of the Triple Alliance, and espe-
cially of Germany, its chief. That Mr..
CHoATE should have won over Russia
affords undoubtedly a ground for satis-
faction. On the other hand. il is not
surprising that all of the Latin American
Commonwealth, being weak Powers,
should have cooperated with the United
States. The wonder is that such feeble
nationalities as Switzerland. Belgium. |
Rumania, Bulgaria and Montenegro
should. Notwithstanding their fear of the
German Empire, have been induced 10
vote against a scheme which if carried |
out would have ~safeguarded to a consid-
cradle extent their independence. II |
must also be recognized as a good auc,lrv I!
for the future that three such highly en- |
lightcned Powers as the United States
Great Britain and France should havo
concurred in upholding the principle of
obligatory arbitration, so far rs certain
.nacifNd GthfnGfG Of ,JtaYt, l1I !
concerned, and that no fewer thar TWEEN ,
ty-eight other Powers should have rallied
10 their support. The inference is that
il Germany can eve be- prevailed upon to
accept the principle. the universal adop-
ton Of il by the next conference would
he probable. although even then Japan
might stand out.
The principal grounds upon which Herr
Won B~TEBERSTEIN opposed the creation
of an international high court 10 which
10 reference of certain questions for
arbitration should he compulsory were
the old ones that, first, nations cannot
submit all questions 10 arbitration. and /.
secondly, eyer if some questions might
be submitted, all that might possibly
affect q country's honor must be excluded. F,
The answer 70 the former objection i
that as Il matter of fact six nations have
recently agreed by treaty 10 submit all {,
questions 20 arbitration, namely, Den
mark and The Netherlands. Norway and
Sweden, Chile and Argentina. II is true
that Norway has stipulated that qucs-
tons affecting its territorial integrity
shall not be left 70 the decision of arbi- |,
traitors, but whether n given dispute
does affect it is 10 be decided by the
Hague tribunal. so much for tho claim
that nations cannot submit all questions. (
They have done it.
AS TO the second objection, the truth of
course is that if a country ever is dis