which is beyond all question the most potent and Chapter V the one irresistible moral influence in the world to-day -remembering former failures - will not pardon us if we offer it a new acute rebuff, and the very hopes which are now concentrated upon us and our work will be the measure of the disappointment which would follow our failure. Moreover, the establishment of a permanent International Court is the one great success which is hoped for, not only as being brilliant and striking, but also as being attainable, in fact, within our very grasp. Without doubt the honorable delegate from the German Empire is correct, when he regards even the Russian project as a decided step in advance over the present condition of affairs as regards arbitration, but from the point of view of the practical man- the point of view of efficient. and critical public opinion all over the world — I venture to say most emphatically that we shall have done nothing whatever if we separate without having established a permanent tribunal of arbitration." This closed the preliminary discussion, and the Committee thereupon proceeded to the adoption of the following Articles-the cordial adherence of the German Empire having been subsequently obtained Subsequent and announced to the Committee at a later meeting adherence of by Professor Zorn, who stated that his Government Germany. "fully recognized the importance and the grandeur of the new institution." cordial ARTICLE 20. With the object of facilitating an A court to be immediate recourse to arbitration for international organized. S Chapter V Jurisdiction. Bureau and differences which could not be settled by diplomatic methods, the Signatory Powers undertake to organize a permanent Court of Arbitration accessible at all times, and acting, unless otherwise stipulated by the parties, in accordance with the rules of procedure included in the present Convention. ARTICLE 21. The permanent court shall have jurisdiction of all cases of arbitration, unless there shall be an agreement between the parties for the establishment of a special tribunal. The proposition of Count de Macedo of Portugal to indicate in the body of this Article a preference on the part of the Signatory Powers for recourse to the permanent tribunal, was not adopted, for the reason that it appeared to the Committee, and subsequently to the Conference, that such preference was sufficiently indicated by the very fact of the establishment of the permanent tribunal, and the desire to avoid everything which could by any possibility be regarded as limiting, even by suggestion, the entire liberty of the Powers. ARTICLE 22. An international Bureau shall be record office. established at The Hague, and shall serve as the record office for the Court. This Bureau shall be the medium of all communications relating to the Court. It shall have the custody of the archives, and shall conduct all the administrative business. The Signatory Powers agree to furnish the Bureau at The Hague with a certified copy of every agreement of arbitration arrived at between them, and of any award therein rendered by a special tribunal. They also undertake to furnish the Bureau with the laws, rules, and documents, eventually declaring the execu-Chapter V tion of the judgments rendered by the Court. documents. The United States of America endeavored to add Publication of to this Article a provision looking to the publication of documents and records, and requiring the Bureau to furnish any one paying the cost of transcription and certification, with duly authenticated copies of any papers filed in the record office. The Committee was of the opinion that such a rule might conceivably interfere with the rights and interests of litigating Powers, especially if no restriction were adopted regarding the time of making the application for such copies. It was thought best to leave this question to the regulation of the Bureau itself and the council of administration, in the hope that every possible facility would be given, in the interests of the development of the science of international law, to the free publication of all documents connected with litigations before the court which may be of scientific or general interest. office of ARTICLE 23. Within three months following the Appointment ratification of the present act, each Signatory Powera shall select not more than four persons, of recognized judges. competence in questions of international law, enjoying the highest moral reputation, and disposed to accept the duties of arbitrators. The persons thus selected shall be enrolled as members of the Court, upon a list which shall be communicated by the Bureau to all the Signatory Powers. Any alteration in the list of arbitrators shall be brought to the knowledge of the Signatory Powers by the Bureau. Chapter V Two or more Powers may unite in the selection of one or more members of the Court. The same person may be selected by different Powers. The members of the Court shall be appointed for a term of six years, and their appointment may be renewed. In case of the death or resignation of a member of the Court his place shall be filled in accordance with the method of his appointment. According to the American plan, each Signatory Power was to appoint one member of the permanent tribunal. In the English proposal this number was made two, but the Committee on Arbitration, on motion of Professor Zorn on behalf of the German Empire, adopted the present provision, "not more than four." The reason for this amendment was given on behalf of the German Empire as being the desirability of having the Court composed not solely of international lawyers or jurists. As the Article stands a Government may, if it deems it advisable, appoint a military, scientific, or geographical expert, as well as a member of the legal profession, the only qualification being that each appointee shall be of recognized competence in questions of international law and enjoy the highest moral reputation, as well as be disposed to accept the duties of arbitrator. Acceptance of The latter qualification is of particular importance. the duties of It is to be supposed that each State will select men of the highest professional standing for these positions, and the question of payment, except when actually sitting on a particular bench of arbitration, is left entirely to the States themselves. The obliga arbitrator. tion of each appointee to accept the duty of arbitra- Chapter V tor, without regard to his personal convenience or the possible comparative insignificance of the questions involved, is absolute. Under this convention the highest professional talent of each civilized country is meant to be put at the disposal of every country in the world, large or small, rich or poor, for the settlement of international differences. In the beginning, and while the charm of novelty lasts, it is not likely that any arbitrator selected will refuse to act upon any question properly before the Court. If, however, the tribunal shall prove to be as successful as its promoters hope, a large number of questions of minor or technical interest may very likely be brought before it hereafter, and it should be clearly understood that in the opinion of the Committee an arbitrator will have no more right to select only important or interesting cases upon which to sit than a member of a jury panel in an ordinary Court. Under these circumstances the readiness of a member of the tribunal to leave what might very likely be a lucrative practice or employment at home, for the purpose of indefinite service at The Hague, should certainly be an element in the agreement between such arbitrator and the Government appointing him, on the subject of his compensation. by The American plan for the permanent interna- Appointment tional Court of Arbitration provided for the appoint- the highest ment of judges by the members of the highest court in each of the Signatory States. This feature, which undoubtedly commends itself at first blush more than |