New-York tribune., 1910-01-07
AN INTERNATIONAL couRT.


Briefly stated, the proposal of the
United States government for an Inter
national Court of Arbitration, which,
simple as it is, may prove epochal, is
TO the effect that certain controversies
arising in time of peace shall be adj
justed in the same manner as those con-
seQuent upon war, that for the sake of
expedition and facility this shall be
done by permanent standing tribunal
instead of by new tribunal specially
constituted for each case. and that the
tribunal shall be of such a character as
will assure the settlement of causes on
principles of legality, justice and equity
rather than on those OF compromise.
1t would certainly seem that many,
and indeed most, disputes which arise
in time of peace should be more easily
settled in such fashion than those ariS-
ing amid the passions of foreign war.
Nations have already signified their will
fngness TO submit to an international
court questions concerning the seizure
of vessels as prizes In war. Now our
State Department suggests that they
shall submit to the same or TO a similar
tribunal various questions arising In
time Of peace, concerning the inter-
pretations of treaties, the payment OF
pecunlary claims, the demarcation Of
boundaries and the like. Surely. if the
more serious differences, including some
which have been commonly regarded
as adequate cause for war, can be thus
disposed Of, it should be possible thus
to deal with the less grave questions
which do not in any rational estimation
constitute causes of war
The advantages Of having this work
done by a permanent instead of a spe-
cial tribunal are obvious. 1t is gem
orally desirable to have controversies
settled promptly, as it certainly is to
have them disposed of by an authority
which is not reluctant to assume the
task and in which both contending
parties have full confidence. In consti-
tlting a special tribunal or securing a
special arbitrator for any case there is
inevitably some delay greater than that
which would be involved in referring
the matter to an existing tribunal; there
is often difficulty in persI1ading a SOW
ereign or other dignitary to act as um-
pire, and unfortunately there is some
times ground for suspicion of at least
involuntary partiality on the part Of
such an umpire. The tribunal suggested
by Mr.. Knox would avoid all these evils
and embarrassments
The third of the qualities which this
court would possess is perhaps the most
valuable Of all. That is its judicial char
acter. Many thoughtful men and sin
cere advocates of peaceful settlements
of international disputes have found
themselves unable fully to approve ar
bitratiOn by a n0n-iudicial umpire. be-
cause decisions thus made were likely
to be compromises, in which placatory
concessions We're made to both sides,
rather than judgments rendered upon
the strict merits Of the case They have
accordingly Disseminated between ar
bitration and adjudication and have
earnestly preferred the latter. Now, it
does not matter by what name the pro-
posed tribunal is called The world is
fond Of the word 'arbitra ton" which
is almost as blessed as "Mesopotamia."
and there can be no objection to its con-
tinued use. The essential thing is that
this tribunal Of so-called arbitration
shall be in fact judicial tribunal. de-
ciding cases by legal and equitable ad-
judication rather than by good natured
compromise.
IT is a felicitous and an auspiciOus cir
cumStance' that the American govern
ment has taken the initiative in propos-
ing to the powers of the world this for
ward step in civilization. Our govern
ment was not, of course, the inventor
of international arbitration or adjudi-
cation, but it did perhaps more than
any other to bring that principle into
general use and TO commend it to gen !
eral confidence when it sought such a
settlement of some Of the gravest for
eign controversies arising out of our
Civil War. The world will ungIudging-
ly give it credit for its important part
in bringing about the second congress
at The Hague and for having per-
formed services of unsurpassed impOr-
tance at both of those gatherings in be-
half of peace and justice If now.
through Mr.. KnOX's timely and tactful
procedure. it shall effect the establish
ment of a general and genuine inter
national court of adjudication, there
Will be cause for national pride and pro-
found qualification in the achievement |
Of the most practical and efficient step
which has yet been taken by the world |
toward the confirmation of the rule Of |
reason over force.