Perth Amboy evening news., 1919-07-02
HISTORICAL
BACKGROUND
The Hague Convention

AHIC AL11X&g
The Second Hague Conference IL
1907 agreed upon a convention for the
pacific settlement of international dis
putes. 1t established a Permanent
Court of Arbitration to sit at The Ha'
que, and it provided that
lin questions of q legal nature
and especially in the interpreta-
ton or application of internation-
al conventions arbitration is rec
ognized by the contracting powers
as the most effective and at the
same time the most equitable
means of settling disputes which
diplomacy has failed to settle.
Consequently, it would be desir-
able that in disputes about the
above mentioned questions the
contracting parties should, If the
case arose, have to ar
bitration insofar as circumstances
permit"
The United States Senate, in rati-
flying this treaty on April I'd, 1908, did
so with the following proviso, namely:
Nothing contained in this con-
vention shall be so construed as
to require the United States OF
America to depart from its r
ditional policy of not intruding
upon, interfering with, or en-
Ldu5lllB ltStllA ti1C POAtANcA
question of policy or internal adj
ministration of any foreign state:
nor shall anything contained in
the said convention be construed
to imply a REIMBURSEMENT by the
United States of it's traditional
attitude toward purely American
questions"
And further:
That the United States APP
proves this convention with the
understanding that to
the permanent court for the set
Element of differences a be had
only by agreement thereto through
general or special treaties of arbi-
tration heretofore or hereafter
concluded between the parties in
dispute"
1t further declared that the United
States exercised the option contained
in Article LII of the convention
which excluded from the Permanent
Court the power to frame the sub
mission for arbitration required b.
general or special treaties concluded
or thereafter to be concluded, by tn
United States, and that the submis
sion required by any treaty OF arbi
tration to which the United State
should be a party must be settled b,
u SP6Cldi ~aSTeelu6uL 6IWGS Inc par
ties, unless the treaty should other
wise expressly provide.
Root Treaties
Following the Hague Convention
Secretary Root negotiated a series o
separate treaties with different coun.
tries, whereby it was agreed-all il
substantially the same form-that diff
f~erences which might arise between
the parties of a legal nature, or re
lating to the interpretations of treat
les, which it might not have been pos
sible to settle by diplomacy. should b.
referred to the Permanent Court o
Arbitration established by the Hague
Convention. provided they did not at
feet the vital interests, the independ-
ence, or the honor of the two con
tracing states, and did not concern
the interests of third parties. Thret
treaties further provided that in eaci
individual cas the contracting par
ties should conclude a special agree
ment defining the matter in disput
which was to be submitted to arbi
tration, which agreements should b
made by the President by and witt
the advice and consent OF the Senatt
Most of these treaties were limited t
a period Of five years; a number o
them have since been extended. an
are now in force. The countries wit
which they were made include anon
others Great Britain, France. Italy
Japan. Spain, Sweden, Switzerland an
Norway.