The sun., 1919-03-31

OF arbitration back where Il was
twenty-five years ago.
Instead OF perfecting and putting
teeth into the system of arbitration pro-
vided for by The Hague conventions II
throws those conventions upon the scrap
heap. By covering the ground of arbi-
traflon and prescribing a new test OF
obligation IL apparently BY virtue of the
provisions Of Article rs ,ab-osates all the
400 treaties of arbitration by which the
nations Of the world have bound then
selves with each other to submit to
arbitration all questions arising under
international law, or upon the interpre-
tation Of treaties.
"It Is to be observed that neither ths
executive council nor the body of dele
gates to whom disputes are to be sub
United under Article Is OF the agree.
nent IL In any sense whatever a judicial
body or an arbitral body. Its function
is not TO decide upon anybody's right
1t IL to investigate, to consider and to
make recommendations. It Is bound 10
recommend what It deems TO be ex-
pedient at the time. 1t Is the States
which act and not the individuals i..S
honorable obligation OF each member Is
a political obligation as the representa-
tive OF a State.
UnsuitabiIity OF Method.
This Is q method very admirable for
dealing with political questions but II
10 wholly unsuited TO the determination
OF questions Of right under the law OF
natione II IN true also that Article
XIV. mentions a Court of International
Justice. and provides that the Executive
Council should formulate plans. for such
court, and that this court shall when
established be competent to determine
matters which the parties recognize as
suitable for submission to II. There Is
no agreement or direction that such a
court shall be established or that any
questions shall be submitted to Il.
International law is not mentioned az
ALL except In the preamble, no method
Is provided. and no purpose is expressed
| to insist upon obedience to law, to de-
velop the law. to press forward agree
! ment upon Its rules and recognition OF
its Obligations. All questions OF right
are relegated to the Investigation and
| re recommendation OF a political body to bt
determined az matters of expediency.
"r confess I cannot see the Judsmcn;
Of three generations of the wisest and
lest of American statesmen concurreG
in by the wisest and the best OF all oui
| allies thus held for naught believe
with them that-necessary as may bt
the settlement OF political questions upor
grounds of expediency-it is also neces
sary to insist upon rules OF international
conduct founded upon principles. anC
| that the true method by which public
right shall be established TO control tn,
affairs Of nations Is by the development
| Of law and the enforcement OF law &C
cording to the judgments OF impartia
tribunals should have little conn
dence in the growth or permarence of Al
international organization which applied
no test to the conduct OF nations excep
the eIpediency OF the moment
Proposed Changes Analysed.
1.-THE frs. change which should maxi
in this agreement accordingly would b.
to give effectiveness TO the judicial get
, Element of international disputes upol
questions of right-upon tusticiable q
| judicial que stions-by making the arb,
tration OF such questions obligatory un
der the system esta blished by the Hagu
conference. or before the proposed Cour
OF Arbitral Justice. or, II the parties pre-
fer in any particular case. before som
specially constituted tribunal; puttinl
the whole world upon the Same footinl
| III tndt TcSpSCt lnat mas pccu CIedtc'
between the United States and practi
lcally every nation now represented Il
Paris. by means of the specie treatie
which We have made with them. TIL
term 'Justiciable Questions should b
carefully defined. SO as to exclude a.
questions of policy. and 70 describe tn
same kind OF questions the Suprem
Court Of the United States has bee
deciding for more than contur..
When that Is done the reference I
arbitration in Article XII. will hav
some force and effect instead OF bein
as II Is nova mere idle form.
The second change which I thin
should be made is to provide for a ger
eral conference followed by regular cor
ferences at stated intervals to discus
agree upon and state In authentic fo-l
the rules Of international law. so ths
the development of law may 60 on, an
aCbitrai tribunals may have continual
2 more perfect system OF rules OF riSf
conduct to apply in their decisions.
II send you herewith drafts OF tv
suggested amendments designed TO al
complish these results.
THE distinction between the trea timer
, OF questions Of legal right and question
OF policy which have drawn above ha
an important bearing upon the attitut
OF the United States toward the settl'
men Of disputes.
, so far as the determination OF Justic
, able questions arising under the law I
nations or under treaties 10 concerned u
ousht TO be willing to stand on precise
: the same footing with all other nation
, We should be willing to submit our leg
, rights to judicial decision, and to able
!, by tho decision. We have shown that v
are willing TO do that by the numerol
: treaties that we have made with Il
greater part of the world agreeing
. do that, and we should be willing to hay
the same thing provided for in this gel
eral agreement
: Questions of Policy.
with regard TO questions OF polio
however, some different consideration
. are apparent.
an determining the extent Of our pa
3 ticipation IN the political affairs OF q
q Old World. we ought to be satisfied tn
8 a SUFFICIENT Affirmative reason exists Z
c setting aside TO that extent the loi
established policy OF the United Stat
10 keep the Old ard the New World fro
becoming entangled in each others a
fairs and embrolled In each others qua
| relA Just so far as such a reason e
= lists, we ought to go, hut no further.
l. We have 10 start in the confederate
: Of such a subject with tho words
= Washinston's Farewell Address. Euro
o has a set of primary interests which
us have none or q very remote relate
Hence, she must be engaged in freque
controv ersies, the causes Of which are Z
sentially foreign to our concerns. Hen
therefore, II must be unwise in US
y implicate ourselves by artificial ties
| aP kar