The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-18

/ y
proposed the creation of a permanent
international court in the nature of a
court of equity, to take the place OF
the already established court of arbi-
trafion. The principle was adopted
unanimously by the conference, but
there was ''failure in reaching an
agreement as to the method of select
ing the Judges" This proposition ex-
hibits an important advance of senti-
ment over the principle of an arbitra-
tion court in which persons are selected
by the opposing parties, from among
| the sixty or seventy members Of the
court, as in the Pious Funds case be
tween the United States and Mexico
two each, and the four so selected
| choosing fifth. In practice, whether
in private arbitration under municipal
laws, or in international proceedings,
the persons chosen by the opposing
parties generally regard themselves as
representing the parties selecting them,
and act aceordingIy-not as judges, but
as agents rather of their principals, en-
deavoring to reach favorable sOlu-
ton by convincing the Judgment of
the arbitrator who holds the casting
vote. This is unsatisfactory both in
7
NO DIRECT PROGRESS MADE.
| Although the primary object of The
Haeue Conferences was the reduction
/ of national ornaments, which object
/ has not been attained nor has any di-
rect progress been made toward its at
| tainment, their chief and most import
ant work has been the movement for
arbitration of international disputes,
and making a success of that, the
further movement to build thereon an
| international court of equity. This is
what interests the world. Tax payers
would like to see ornaments reduced.
but they have no confidence that it will
be brought about until there is an
effective substitute for war as an ar
bitter of national quarrels. The scheme
of arbitration has made such a prom
Using beginning that the way is partly
cleared for the idea of a permanent
court of salaried judges, selected by
the several governments in equal
quotas. conducting proceedings for the
settlement of disputes according to
equitable principles and the highest
ideals of justice. 1t is not surprising
that the members of the conference
gave their unanimous assent to this
idea-a principle which when carried
out by a simple and reasonable sya-
tenn promises to accomplish more for
peace between nations than perhaps all
other agencies combined; and the main
reason for this confident hope is that
the principle enjoys the worlds public
confidence and has the worlds desire
back of it. and because it enjoys that
public confidence by reason of the fact
that it offers a reasonable substitute
for war for the settlement of interna-
tional disputes. Under such circum-
stances will not recognition of the
authority of such court grow strong
er with the public experience of the
beneficent results Of it's awards until
the supremacy of International law Is
fully established as is the case with the
law of the forum of the individual ma
tions cooperating in the scheme?
THE OBSTACLES.
What is in the wav of the accom-
plisment of this great schemes Prob
ably the main obstacle is the conserv-
atlsm of governments. The people who
pay the taxes and have to do the fight
ing, when fighting is to be done, will
pretty unanimously back up such a
plan. But governments on the execu-
tive side, burdened with a sense of
responsibility for the great interests in
their charge, and unframed for deal
ing with questions outside of admins
trative routine, wlIi hesitate, while the
more plastic legislative side-more hos
pitable to new ideas and more repre-
sentative of popular sentiment-will
still be hampered by the executive
conservatism.
We find that the treaties that have
already been negotiated for submission |
of disputes to arbitration usually con
tain clause like the following, which /
Is taken from the recent treaty be- |
tween France and the United States. |
Referring to differences to be submit |
ted to the permanent court of arhitra- |
ton, the treaty continues Provided |
nevertheless, that they do not affect the |
vital interest, the independence or the |
honor of the two contracting States and /
do not concern the interest of third par
ties. 1t will be seen by this clause /
with what hesitancy governments take |
a radical step of this character 1t |
would appear that this proviso was in
tended to give wav out from any ref
erence TO arbitration that might be dis !
tasteful to either of the contracting
powers; for as one side or the other
protests that the difference affects its
vital interest or its honor, who is there
to deny it; where is there an umpire to |
decide such preliminary matter9 There
Is none except the world s public opin-
ION, which, when fairly directed upon |
such conduct, may be stronger than |
any government will be willing to
ignore.
When the proposed international
court of equity is established, we NAV
confidently hope that these difficulties
will gradually disappear All the
powers which have Joined in its estab-
lishment and contributed to its per-
sonnel-and this is likely TO include all /
of the Independent governments-winl
be interested in its prestige; and all of |
them-exeept perhaps some government |
that Is unwilling to submit its interest
IN dispute te the arbitrament of such
eourt-will desire to recognize its au-
thorlty themselves and Jealous of any
act of contumacy by any litigant or any |
party summoned by it to its bar.
Though the authority of such a court