Evening star., 1934-02-18
CAUSE OF ARBITRATION
WINS ANOTHER VICTORY
Decision of Ecuador and Peru to Send
Delegations to Discuss Boundary Dis.
pute Gives New Hope for Peace.

attempts were made for q general
adoption Of those principles. In 1888
Of Argentina, Bolivia,
Colombia, Ecuador, Mexico, Peru, E1
the Dominican Republic and
Venezuela, upon the celebration Of
Bolivar's centenary, pledged them
selves TO carry out the Bolivarian ideal
OF conciliation and arbitration.
In 1889, when the first Pan-Amer-
ican Conference gathered at Washing
ton, convoked by Secretary of State
Blaine, its sustaining result was the
adoption of a resolution by which the
American republics adopted arbitra-
ton as "a principle Of American inter
national law Arbitration was 10 be
consular and diplomatic 1mmunities,
boundary lines, indemnities, freedom
of navigation, Interpretation and exc
cution Of treaties, and, in general, all
other disputes, regardless Of their
origin, nature or object" with the
sole exception of those which, in the
Judgment of one of the states affected,
would compromise its independence.
Ever since then all the succeeding
Pan-American conferences, and nearly
all Of the American governments, in
dividually, have reiterated their SUD-
port Of arbitration, the only difficulty
being in overcoming their own excep-
tions and gradually making the prin-
cipal OF arbitration more comprehen-
Sive and more unrestricted The Mex
leo City conference, in 1902. adopted
1t except for those controversies affect
ing the independence or the national
honor Of the parties, but it specifcaI-
ly provided that independence or ma
tional honor would not be considered
involved in disputes over diplomatic
privileges, boundaries, rights of navi-
cation or Interpretation of treaties.
Adhesion Ratified.
The Rio de Janeiro conference. In
1906, ratified its adhesion to arbitral
procedure and recommended a world
convention to that effect to the sec
ond World Peace Conference. which
was to meet the following year at The
Hague. The Buenos Aires conference.
In 1910. formally adopted arbitration
Tor the settlement of all pecuniary
claims.
The war Of l914-19l8 interr,lpted
the series Of American confer
ences, and it was not until 1923 that
the next one took place at Santiago
But, In the meantime, many Of the
Latin American republics and the
United States had concluded bilateraI
treaties OF arbitration, and thus the
NTH Pan American conference
acknowledged, in a resolution, the
progress which the principle had made
In recent years, and recommended to
a special congress of jurists at Rio
the further study Of the subject. In
the meantime, it approved the famous
Gondra convention providing for com
missions Of inquiry to investigate and
report on all international questions
arising among the parties.
Inc Havana conference, In 1929
discussed the conclusions of the con-
vention for the peaceful solution Of
international conflicts prepared bv
the Rio Congress of Jurists, and il
passed unanimously a resolution In
which. after condemning war as an
instrument Of national policy, several
months before the signing of the
kellogg pact, the American repub-
lies pronounced themselves for obi
gatory arbitration and agreed to meet
again in special conference within
one year to give conventional form
to this principle, with the minimum
exceptions"
Conference in Washington.
Such a conference was held in
Washington in December, 1923, and
It's results were an Inter American
Convention on Cancellation and a
general inter-American treaty of ar
oitration. Although in the latter ex-
ceptions Of questions Of domestic
jurisdiction and reservations as to
disputes affecting constitutional pro-
visions, conflicts antedating the sig
nature Of the treaty, and matters
controlled by international agree
ments then In force, or involving ma
tional honor" were inserted by some
OF the parties, a protocol of progress
slve arbitration was concluded at the
same time by means of which such
parties could withdraw at any time
their reservations BY an appropriate
instrument. This flexible provision
renders it possible to broaden the
scope of obligatory arbitration with
out the necessity of a new treaty.
As the experience of all these sue
cessive steps and of the numerous
bllateral treaties existing at present
between American countries shows
the remaining problem now is to
eliminate completely these minimum
exceptions. The ultimate goal should
be the unqualified adoption of obliga-
tory arbitration, without the reserva-
tions which have made 1t possible for
some nations to violate. at times, the
spirit Of these principles.
While we approach that goal, how
ever, it is encouraging to see that
the governments Of the American
continent are more and more cor
recting their ld-faShioned conviction
that independence and national honor
were involved in boundary differences,
as the latest agreement between Peru
and Ecuador disclose. They are more
and more realizing the anomaly of
developing the judicial process within
their national boundaries, while re-
serving to themselves the right 10
settle by force their differences with
other nations, equally sovereign and
equally entitled to justice.
tCopyright 1934J