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Chapter V

Personal remarks.

noble as it was difficult, the members soon dropped diplomatic reserve. Sincere personal esteem, as well as genuine good fellowship, appeased even the most serious differences of opinion. The absorbing interest shown in the work by the members themselves is evidenced by the fact that from first to last no member was absent from any meeting, save only M. Bourgeois, when summoned to Paris by the offer of the Premiership of France, and M. de Martens when on duty as President of the High Court of Arbitration between Great Britain and Venezuela. The plan and scope of this work preclude much narration of a personal nature, which otherwise might not be wholly without interest. It may, however, perhaps be permissible to make more than a passing reference to the delightful hours spent in the company of these men.

To listen to the diplomatic wisdom of veteran statesmen like Baron de Staal, Count Nigra, and Lord Pauncefote; to hear the profoundest problems of International Law debated thoroughly and most brilliantly by authorities like De Martens, Asser, Descamps, Lammasch, and Zorn; to observe the noble idealism of Baron d'Estournelles, the sound judgment of M. de Basily and Jonkheer van Karnebeek, and the unerring prudence of Switzerland's efficient representative, M. Odier, and finally, to watch the perfection of decision and tact in the firm but most amiable management of all these various elements by the Chairman, M. Bourgeois,-all this would in itself be of sufficient general interest to

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deserve an enduring record. Unfortunately, this is Chapter V impossible, for in the absence of a stenographic report, by far the greater and better part of the debates the animated discussions are necessarily lost. The admirable procès verbeaux of Baron d'Estournelles summarize most accurately the action taken, as well as many of the speeches made, and they, together with the present writer's own recollections and memoranda, form the basis of most of the narrative which is hereinafter given, under the appropriate article. One further personal remark may be pardoned.

To every member of the Comité d' Examen, without. exception, the author is under the deepest obligation for acts of personal kindness and good will too numerous to mention, and the knowledge that these were intended also as proofs of friendship for the great Republic which he had the honor to represent, serves only to increase his sincere gratitude. From first to last, there is not one phase of the Committee's work, nor of his intercourse with each of its members, of which he cannot sincerely and thankfully say: Haec olim meminisse juvabit.

THE CONVENTION FOR THE PEACEFUL ADJUSTMENT OF
INTERNATIONAL DIFFERENCES

The Convention for the peaceful adjustment of international disputes, dated and signed July 29th. 1899, requires comparatively little commentary or explanation. A code of rules for international inter

Chapter V

Preamble.

course is naturally more simple than a code of law for individuals, since questions arising between States, multifarious and complex as they may be, are still simplicity itself when compared to the innumerable jural relations of private and municipal life.

The full text of the Convention is here given, and besides the official minutes, the report made to the Conference on behalf of the Comité d'Examen by Chevalier Descamps has of course been taken as the basis of the commentary, without, however, diminishing the present writer's own responsibility.

The Treaty begins as follows:

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The Sovereigns and Heads of State [here follow the names] represented at the Conference, animated by a strong desire to cooperate for the maintenance of general peace:

Resolved to second by their best efforts the friendly settlement of international disputes:

Recognizing the solidarity which unites the members of society of civilized nations :

Desirous of extending the empire of law, and of strengthening the appreciation of international jus

tice:

Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result:

Having regard to the advantages attending the general and regular establishment of arbitral procedure:

Sharing the opinion of the August Initiator of the

International Peace Conference that it is expedient Chapter V to record in an international Agreement the principles of equity and right upon which repose the security of States and the welfare of peoples:

Being desirous of concluding a Convention to this effect, having appointed as their Plenipotentiaries, to wit: [here follow the names].

TITLE I. ON THE MAINTENANCE OF GENERAL PEACE

ARTICLE 1. With a view to obviate, as far as The mainpossible, recourse to force in the relations between tenance of general peace. States, the Signatory Powers agree to use their best efforts to insure the peaceable adjustment of international differences.

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This article, which is simply a general indication and declaration of purposes, is intentionally drawn so as to commit the Signatory Powers to the employment of their best efforts" to insure, "as far as possible," the peaceful adjustment of any international differences, without respect to the question as to whether these latter may arise between Signatory Powers, or between a Signatory Power and a NonSignatory Power, or between Non-Signatory Powers only. All the following provisions of the treaty regarding the application of any of the detailed regulations are carefully restricted in their application to differences between two or more Signatory Powers, and the employment of any one of the means suggested is restricted to cases where circumstances permit."

The care will be noted with which the idea of the

Chapter V Respect for sovereignty once established.

Good offices and mediation.

Declaration of
Paris.

complete sovereignty of each State, regardless of its size or power, has been safeguarded, provided only that this status has once been admitted, and that it is not itself the subject of controversy. While therefore the provisions of this article undoubtedly open the door to the employment of the best efforts of any or all of the Signatory Powers, to insure the peaceful adjustment of any or all international differences, even between two semi-civilized or savage States, the article could not be used as a cover for any effort to interfere in any struggle wherein the complete sovereignty or independence of either party is the real object at stake.

TITLE II. ON GOOD OFFICES AND MEDIATION

ARTICLE 2. In case of a serious disagreement or conflict, before an appeal to arms, the Signatory Powers agree to have recourse, as far as circumstances will allow, to the good offices or mediation of one or more friendly Powers.

This article reaffirms the principles of the Declaration of Paris of 1856, as follows:

"The Plenipotentiaries in the name of their Governments express the solemn wish that States between whom a serious disagreement arises, may, before an appeal to arms, have recourse, as far as circumstances allow, to the good offices of a friendly Power."

The use of good offices and mediation finds its general justification in the ties which bind together the international society of civilized States, and is,

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