Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-04
Russian Plan Adopted.

| Three plans were submitted, one each
by Great Britain, Russia and the United
| States. Our plan and that of Great
Britain. which were very similar, pro-
vded for the creation of a permanent
court to have continuous existence like
the s;:n;eme Court of the United States.
with permanent Office, to be composed
Of one Judge from each of the participat-
| ing nations. selected on account OF his
! tearnn. III International law and his per-
Sondl character. Any nation having d
difference with a neighbor might submit
/ the questions at issue, with the consent
of the other. to the tribunal sitting as an
/ entire body, or select by joint agreement
any number of judges. not less than
three. The Russian plan, however was
| finally agreed upon with some modifca-
tons, AID was formulated in "a conven-
ton for the peaceful settlement of inter-
national disputes, with sixty-one ar
tices.
1t provides that each nation shall ap-
point four judges, who are to hold Them
selves ready for servi>e when called upon.
| The method of submitting cases is laid
down in great detaI: and The rules OF
procedure are very much the same That
have been followed by arbitration tri5G-
nails before The Hague convention con-
| ference.
| The convention provides also for the
creation of commissions of inlui"y IN de-
| Ierm1ne VueStlOnS OF 1dCi winch are III
doubt or dispute, ike the causes Gf the
destruction of the Maine. Another clause
provides for the exercise of the & ool Of
! fees of disintercsted nations for cone l.
iation and mediation when choir neiehLors
disagree.
si,lcr this convention TOO llr:.I:l IN scope.
| They th nix it should provide for co: \
! p@l>ory arbitration. so that every nation
having {. grievance agains. neishbo:
| shall he required TO place its complain;
before The court, and allow the court II
d side " hat is right and just. rath". than
bIlG Ialtleships and organize armies.
me principal powers of Eurooe would
n1t aercc to that and it is :, matte Of
| c)u-r;'tu ation that they were willing tu
81 as far as they have gone. Perhaps
| Wien they have y conc accustomed IL
the existing limited arrarg emcnt they
may be persuaded to so q little farther
and consent to compulsory clause. sew
eral cases have already teen tried, the
rules have worked smoothly. the results
have been satisfactory and everybody
agrees that the Permanent Court of Arbi-
tration is the greatest triumph of modern
| civilization.
| None but the judges selected by the
! Netherlands reside at The Hague. Th:
i others remain at their homes until thei.
services are requested. The present head
quarters are in the ministry of Soreigr
affairs at The Hague, in charge of Baror
i
era, and Jonkheer W. Roell, first sec
rotary of the court who are responsible
10 the administrative council, which con
Sists of the minister of foreign affair:
of the Netherlands and the diplomatic
representatives at The Hague of all The
ratifying powers.
The Mode of Procedure.
When there is a difficulty to be set
tied, the two nations interested agre,
upon mode of procedure. Some of tn,
nations have general treaties, which ap
ply to all cases tina, may occur. For eX
ample, the United States has genera
treaties with Great Britain and twenty
nine other nations to submit every dis
pute that occurs to The Hague: but i
is necessary in every case that the ques
tons to be decided shall be definitel,
stated, the date of the arbitration Axe
and the date when the pleadinss shall b.
served. 1t is also necessary to stipulat,
what language shall be used in the litiga
ton. If there is no such stipulation, tn
proceedings will be conducted in French
as provided by the convention 1t is ais,
necessary to select the arbitrator ant
decide upon their compensation and al
these must be set out in formal agree
ment which. in the case of the United
States, must be submitted to our Senat
for ratification.
not determine the jurisdiction, but tina
question is usually left to the court
The next step is to notify the secretar.
general and file with him copy of tn
agreement. The latter then notifies tn
arbtrators who have been selected, an,
if they decline to serve he advises tn
parties to the litigation that they ma
select others.
Functions of the Agent.
In the meantime the secretary of stat
or the minister Of foreign affairs of eacl
of the disputants appoints an agent or
general manager who, in our case, hold
a commission from the President am
serves as executive officer on the par
of his government. He is essentially
charged with laying out the case and pro
curing evidence necessary to sustain il
He is usually limited to the facts. AM
while he is engaged in securing then
his government will appoint one or NOR
counsel who will aid and advise him Il
his work and look up the law.
At the time designated by the treat
each government serves its case upo
the other in a printed volume containin
a statement Of it's claims. the evidenc