Proceedings of International Conference Under the Auspices of American Society for Judicial Settlement of International Disputes, Volume 5Williams and Wilkins., 1916 - Arbitration (International law) |
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accepted action agreement alliance American Society articles of confederation award BEEMAN believe Britain century civilization common compel compliance Constitution controversies council court of arbitration decision defendant diplomatic duty effective ELIHU ROOT ence Enforce Peace enforce the decrees England establish Europe ex-President executive existence fact favor federal Gentlemen Germany HENRY LANE WILSON humanity idea interest international army international court international disputes international law International Peace Congress international police international police force international public opinion international tribunal Jack Marshall JAMES BROWN SCOTT John Mar judgment judicial settlement jurisdiction juristic justice justiciable disputes League to Enforce limited MACFARLAND mankind ment method military non-intercourse parties political present President principles question quota refused Republic rules Russia sanction settlement of international SIMEON E Society for Judicial sovereign sovereignty submission of justiciable Supreme Court ternational thing tion tional treaty Union United violated WILLIAMS world court
Popular passages
Page 36 - If a question of law to be decided is covered by a treaty in force between the belligerent captor and a Power which is itself, or whose subject or citizen is, a party to the proceedings, the court is governed by the provisions of the said treaty. In the absence of such provisions the court shall apply the rules of international law. If no generally recognized rule exists, the court shall give judgment in accordance with the general principles of justice and equity.
Page 39 - Powers strangers to the dispute should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance. "Powers strangers to the dispute have the right to offer good offices or mediation even during the course of hostilities. "The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly act.
Page 59 - His Britannic Majesty acknowledges the said United States, viz.: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be FREE, SOVEREIGN, AND INDEPENDENT STATES...
Page 39 - Independently of this recourse, the Contracting Powers deem it expedient and desirable that one or more Powers, strangers to the dispute, should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance.
Page 40 - If the law of nations is to be binding, if the decisions of tribunals charged with the application of that law to international controversies are to be respected, there must be a change in theory, and violations of the law of such a character as to threaten the peace and order of the community of nations must be deemed to be a violation of the right of every civilized nation to have the law maintained and a legal injury to every nation.
Page 69 - Any action in favor of collective humanity outside the limits of the State and nationality is impossible.
Page 57 - All justiciable questions arising between the signatory Powers, not settled by negotiation, shall, subject to the limitations of treaties, be submitted to a judicial tribunal for hearing and judgment, both upon the merits and upon any issue as to its jurisdiction of the question.
Page 41 - What would follow such a protest must in each case depend upon the protesting nation's own judgment as to policy, upon the feeling of its people and the wisdom of it.s governing body. Whatever it does, if it does anything, will be done not as a stranger to a dispute or as an intermediary in the affairs of others, but in its own right for the protection of its own interest. Upon no other theory than this can the decisions of any court for the application of the law of nations be respected, or any...
Page 41 - ... violated, all other nations have a right to protest against the breaking down of the law. Such a protest would not be an interference in the quarrels of others. It would be an assertion of the protesting nation's own right against the injury done to it by the destruction of the law upon which it relies for its peace and security.
Page 58 - Animated by a strong desire to concert for the maintenance of the general peace ; Resolved to second by their best efforts the friendly settlement of international disputes ; Recognizing the solidarity which unites the members of the society of civilized nations ; Desirous of extending the empire of law, and of strengthening the appreciation of international justice...