THE HAGUE PEACE CONFERENCES The first time that a gathering of nations ever assembled for discovering means to maintain peace occurred in 1899 at The Hague Conference at which twenty-six States participated. The chief outcome of their deliberations was the Convention for the Pacific Settlement of International Disputes. The Second Peace Conference of 1907, which also met at The Hague and included the representatives of forty-four States—practically the whole of the world's then independent nations—re-affirmed the Convention and further developed it.
The first method advocated by The Hague Con vention for the prevention of wars is Mediation (articles 2 to 8). Mediation itself was not a new instrument in international rela tions. Both the Peace Treaty of Paris, 1856, and the Berlin Act. 1885, provide for an appeal to mediation for the purpose of avoiding further conflicts in the Near East between the signatory Powers. But what is special in The Hague Convention is its generalisation which makes it applicable to all conflicts and the recognition that even States which are stranger to a dispute have a right to offer their good offices or mediation and that the exercise of this right must never be regarded as an unfriendly act.
The second method put forward by The Hague Convention for the pacific settlement of disputes is Arbitration, which has in fact proved the best instrument for avoiding war in the past. Since the period following the Napoleonic wars, arbitration has steadily increased and the impetus given to it by The Hague Conferences has further developed this "most equi table and efficacious" means for the preservation of peace. A "Permanent Court of Arbitration" was set on foot at The Hague in I90o in accordance with the organisation provided in The Hague Convention. The fundamental principle is contained in Article 15 of the Convention :—"International arbitration has for its object the settlement of differences between States by judges of their own choice and on the basis of respect for law." In 1903 an important step was taken by Great Britain and France which agreed to submit to arbitration all disputes of a legal nature not involving their "vital interests, independence, honour or the interests of third States." Many other Powers followed the lead given by this treaty, but there is a serious drawback in the restric tive clause of vital interests and also in the fact that the question whether a dispute is of a legal nature or not is left to the dis cretion of the parties. The subject of compulsory arbitration was
lengthily discussed at the Second Peace Conference, 1907, but no agreement to a Convention by absolute majority could be obtained although thirty-one States voted in its favour. The final Act of 'the Conference contains the following declaration :—"The Con ference is unanimous in (I) admitting the principle of com pulsory arbitration; (2) in declaring that certain disputes, in particular those relating to the interpretation and application of the provisions of international agreements, may be submitted to compulsory arbitration without any restriction." Meanwhile, arbi tration treaties are multiplying. In the recent treaty concluded between the United States and France on February 6, 1928, and which is intended to serve as a model for similar treaties with the other Powers, the restrictive clause of vital interests, independ ence and honour has been suppressed and all legal disputes are declared to be subject to arbitration with the only exception of disputes which are within the "domestic" jurisdiction of either of the parties (including the Monroe doctrine for the United States) or involve the interests of third parties. (France further reserved her obligations under the Covenant of the League of Nations.) In this respect, the new treaty is much more satisfactory as it expressly specifies the questions excluded from arbitration and avoids the use of phrases which can be construed as including almost all international disputes.
For the investi gation of facts likely to lead to a war and with which the parties are insufficiently acquainted, The Hague Peace Conferences recom mend the setting up of International Commissions of Inquiry entrusted with the duty of examining these facts and reporting thereon. Disputes involving the honour or the vital interests of the parties are, however, expressly excluded. This new institu tion was used for the first time in the Dogger Bank incident of 1904 and most probably averted war between Great Britain and Russia. In 1914 the so-called Bryan Peace Treaties were signed providing for the establishment of Permanent International Corn missions of Inquiry in all cases, even those involving the honour and vital interests of the contracting Powers with the obligation imposed upon them to refrain from hostilities until the inquiry was over. Thirty-one States have so far adhered to these treaties.