50 History of Arbitrations

international, united, treaties and arbitration

Page: 1 2 3 4 5

The application of the principle of arbitra tion in international relations was made in the establishment of two tribunals to decide con troversies arising between the United States and Canada: one, a permanent international fisheries commission (by treaty of 1908) to set tle fishing difficulties; and the other an inter national joint waterways commission (by treaty of 1909) for exercise of jurisdiction in cases involving the use, obstruction or diversion of boundary waters, and with authority to inquire and report concerning other matters of differ ence or dispute along the frontier or to decide such questions as might be referred to it.

More comprehensive arbitration treaties with England and with France, providing for sub mission to The 'Hague of all justifiable ques tions arising from claims of rights under treaty or otherwise, and also the creation of joint high commissions of inquiry to which any contro versy might be submitted for investigation and report before submission to arbitration, were signed in August 1911, but emasculated by the Senate in March 1912 and finally abandoned.

Secretary Bryan proposed that the principle of international commissions should be extended to all questions, with a provision that no war should be commenced during investigation. His plan was to supplement the arbitration treaties with a new set of agreements providing for commissions of inquiry (five members) to which all questions (after a diplomatic failure) would be submitted for investigation and re port, delaying for one year any preparation for hostilities or declaration of war. The plan was

promptly approved by 31 nations but was inter rupted by the World War in 1914 after a score of such treaties had been signed.

During the war the decline of national in terest in arbitration treaties was coincident with an increasing interest in a League of Nations which became the dominating idea in the peace negotiations at Versailles in 1919, and which emphasized the necessity of an international court to execute international judgments and to maintain peace.

Bibliography.— Balch, T. W., Arbitrations' (1896); id., The Alabama Arbi tration' (1900) ; id., (A World Court in the Light of the United States Supreme Court' (1919) ; Darby, W. E., 'International Tribu nals' (1904) ; Johnson, W. F., 'America's For eign Relations' (1916) ; Malloy, W. M., 'Trea ties . . . between the United States and Other Powers, 1776-1909' ; Moore, J. B., 'History and Digest of International Arbitrations to which the United States has been a (1898) ; id., 'Principles of American Diplomacy' (1918) ; Wilson, G. C., 'The Hague Arbitra tion Cases' (1915); Report of the American Historical Association (1891); Foreign Rela tions, United States; American Year Book; In ternational Year Book.

Page: 1 2 3 4 5