Evening star., 1928-11-25

| the naClOndl nO00f. Ine UnlUcu SIdCeS
declined to become party to this
treaty, and its influence led the other
countries which participated in said
conference to sign instead protocol
expressing their adhesion to the con-
clusions reached by the convention of
The Hague in 1899 respecting the peace
| full settlement of international disputes.
| The conference of Mexico also adopted
convention providing that the pecu-
mary claims be submitted to arbitra-
| ton
The Third Pan-American Conference.
held in Rio de Janeiro in 1906, resolved
to send a communication to The Hague
conference expressing the adhesion of
| the American states to the principle of
arbitration.
Hague Conference.
The Hague conference of 1907 adopt
| ed a convention for the settlement Of
international disputes which conten1-
plated establishing Offices of inforna-
ton, mediation and commissions of in
quiry and arbitration. Article 38 Of
this convention provided that "in legal
matters, and specially in the interpre-
tation or application of international
conventions, arbitration was to be con-
sidered by the contracting powers as
the most effective and at the same
time the most equitable means of set
ting disputes which were beyond Solu-
ton by displomacy" This same con-
ference adopted another resolution re-
specting the employment of armed
forces to bring about the collection of
pending debts. Under its terms the
signatory countries promised mot to
have recourse to armed force for the
recovery of contract debts claimed from
nf
government of another country as being
due its nationals" However, this clause
had no application when the debtor
state refuses or neglects to reply to an
offer of arbitration, or after accepting
the offer prevents any compromise
from being agreed upon, or after the
arbitration fails to submit to the
award
Principle is Reiterated.
The Fifth Pan american Conference
OF American States, held in Santiago de
Chile in the year 1928, reiterated the
declaration that arbitration was prin-
ciple of American international law,
expressed the hope that obligatory ar
bitration would continue to spread
throughout the continent and intrusted
the commission of jurists in Rio de
Janeiro with the study Of the project
presented by Costa Rica, which called
for the creation of Permanent Ameri-
can Court of Justice.
The conference of Santiago likewise
adopted the Gondra convention, pre-
sented by the delegate from Paraguay.
which provides for the submission of all
disputes, except those which affect the
constitutional rights of the parties in
volved, to special commissions of in
Quiry During the time the investiga-
tons are being conducted and a brief
of the findings is prepared the con-
tracing countries compromise not to
employ under any circumstances the
use of armed forces. The United States
is a party to this treaty. which was
signed originally by sthe Latin Ameri-
can republics, with the exception OF
Bolivia, Mexico and Peru, who for sew
eral reasons were not represented at
the Santiago conference. Later on,
however. these three republics adhered
to the Gondra convention, which is to-
day the most solemn and ample docu-
ment on arbitration in the continent.
Not very long ago when the Kellogg
pact for world peace was submitted to
the consideration of the Latin Ameri-
can governments the Chilean press
started campaign to prove the use
lessness of that new treaty as long as
force and effect to peacefully settle the
controversies between the countries of
this continent. However, practically all
the Southern governments hastened to
adhere to the pact for World peace,
and but a few have not as yet made
reply.
Obligatory Arbitration.
In accordance with the resolution of
the fifth Pan-American Conference, the
commission of iurists in Rio de Janeiro
in January, 1927, formulated project
of convention on arbitration. During
the Havana Conference this project was
substituted by the one presented by the
delegate from Panama, Mr.. Alfaro, by
virtue of which the signatory countries
have adopted obligatory arbitration as
means of solving the disputes of a
juridical nature and compromised to
send delegates to Washington to give it
conventional form and fix at the same
| time the maximum and minimum limits
of arbitration.
The Central American republics have
also taken steps to insure the peaceful
settlement of disputes which might arise
among them
The Central American Conference
held in Washington in 1907 approved
|
bunal on arbitration. This tribunal was
done away with in 1917, due to the re-
fusal of Nicaragua to accept its deci-
sion concerning the Bryan -Chamorro
treaty entered into between that coun-
| try and the United States.
The Central American Conference
| held in 1923 adopted a treaty for the
creation of Central American Court
of Justice, which Is similar In principle
to the World Court of The Hague. 1t
was also agreed upon by this confer
ence that all questions of fact" would
be referred to commission of inquiry
specially appointed to study each par
| ticular case. Matters affecting the SOW
ereignty, independence, honor or vital
interests of the contracting countries
are excluded from this agreement.
AS it may be observed from l1asty
1 review of the history of arbitration in
the American Continent the principal
point of discussion has always consisted
in fixing the true limits to which arbi-
| tration may be applied. The exceptions
demanded by several Latin American
countries have been, up to the present
time. the greatest impediments in reach
ing a deflnitive agreement. and they
will become once more the outstanding
problem which the coming conference
will have to face.
Aside from the conventions which
have been adopted in the various inter-
national conferences, the American
States have signed among themselves
numerous treaties on arbitration and
conciliation, which proves without a
doubt that such principles are accept
ed by these countries, and will greatly
facilitate in reaching a general agree
ment on arbitration by the whole con-
tinent.
The constitutions of Brazil, Venezu-
Ella and the Dominican Republic, pro-
vide for the submission to arbitration
of all international disputes, rather
than have recourse to war. Several