Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-22
Precedents Established.


"The recent conference did not content
itself with the addition of the word de
sirable'; it examined in detail each article
bearing upon International commissions
of inquiry and revised and enlarged 1t,
not merely in the light of theory, but In
the light of experience and practice. The
commission of inquiry of 1904 devised its
procedure; the conference, under the
guidance of those who had participated In
the commission, reduced those temporary
rules and regulations to the precision OF
code. The original institution proved of
service on a historic occasion. 1t is to be
hoped that the revisions and the proceed
ure of 1907 will increase the efficiency of
the commission and accelerate its findings
of fact.
1.-THE lovers of peace and International
progress hoped that the conference would
agree upon a general treaty of arbitra-
ton, for it seemed not only reasonable,
but feasible, that all might do that which
many had done separately The general
treaty thus concluded would have made
the duty to arbitrate International, in
stead of leaving it a national bilateral
obligation. The public was the more con-
fident, because article 16 of the conven-
ton of 1899 declared the arbitration of
juridical questions to be the most effica-
cious method of settlement. This expecta-
ton, however, was doomed to disappoint-
ment, caused. it would seem, by the un-
Willingness of Germany to bind itself to
arbitrate all questions of juridical ma
ture with all the nations represented at
the conference. Germany accepted, how
ever. the principle of obligatory arbitra-
ton and expressed it's willingness to con-
clude special conventions with powers of
it's own choice. as it had already done in
several instances.
/ Blocked by Minority.
cit was for Germany to decide this
question for itself, and it decided against
obligatory arbitration. In so doing Ger
many should not be made the subject of
criticism: but Germany was unwilling to
permit those powers that wished to con-
clude general treaty of arbitration, in
sisting that every act of the conference
should be unanimous or substantially SO,
and that nothing should enter the 'acte
final against the opposition of a single
state, even although this single state was
not to be bound by the convention con-
cluded. A few powers shared this view,
and we thus have the spectacle of mi
nority blocking the outspoken and ener-
getic desire of the majority of the ma
tons of the world. 1t would seem that If
the majority cannot coerce the minority,
the minority should not posses the power
to coerce the, majority. Feeling ran high,
and threats were made of withdrawal to
prevent which the majority capitulated,
LOT treaty OI dTUltTtitiOn concluded I'M
der circumstances of irritation and indi-
rectly >jeopardizing the calling of future
conferences would have been but a sorry
victory.
1T may not be generally known, in
deed it does not seem to be suspected.
that the conference laid the foundations
broad and deep for a permanent court of
arbitral justice, composed of judges ap-
pointed for a definite period. namely,
twelve years. and acting under a sense
of judicial responsibility.
IAN analysis of this recommendation
shows that the recommendation is not to
consider the advisability of. the estab-
lishment of court of arbitral justice but
the adoption of the project annexed for
the organization OF the court. In the next
place. the project of convention Is to be
put into effect and the court definitely
constituted as soon as the powers have
agreed upon the method of selecting the
judges thus constituting the, court. The
conference, therefore, recommends for
adoption carefully considered project,
annexed and made a part of the recon-
mendation. to serve as basis of the