The Italo-Columbian Dispute (the Cerruti Affair): The Status of Aliens According to International Public Law and the Defects in the Present Procedure of International Arbitration

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A. Rousseau, 1899 - Aliens - 152 pages
 

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Page 85 - The Government of the Kingdom of Italy and the Government of the Republic of Colombia, desiring to put an end to the subjects of disagreement between them, growing out of the claims of Sig. Ernesto...
Page 67 - Is it to be thought of that each of those powers shall intervene when their subjects consider the bank aggrieved by the operations of this Government ? If it were tolerated, suppose England to agree to one mode of adjustment, or one measure of damages, while France should insist upon another, what end is conceivable to the complications that might ensue?
Page 85 - ... purpose of arriving at a settlement thereof, as between the governments. To this effect, as soon as this protocol shall have obtained the approval of the Congress of Colombia, the governments of Italy and of Colombia will join in asking HE the President of the United States of America, to be pleased to accept the position of arbitrator in the case, and discharge the duties pertaining thereto, as a friendly act to both governments.
Page 77 - ... he shall become vested with full power, authority and jurisdiction to do and perform and to cause to be done and performed all things without any limitation whatsoever...
Page 86 - ... become vested with full power, authority, and jurisdiction to do and perform, and to cause to be done and performed, all things, without any limitation whatsoever, which in his judgment may be necessary or conducive to the attainment in a fair and equitable manner of the ends and purposes which this agreement is intended to secure.
Page 77 - Colombia be a proper claim or claims for adjudication by the territorial courts of Colombia. And respecting the claim or claims, if any, which in the judgment of the arbitrator shall have the character of, and belong to, the first class of claims above defined, the arbitrator shall proceed to determine and to declare the amount of indemnity, if any, which the claimant Sig. Cerruti be entitled to receive from the Government of Colombia through diplomatic action.
Page 77 - ... and purposes which this agreement is intended to secure. And he shall thereupon proceed to examine and decide according to the documents and evidence that may be submitted to him by each of the two governments or by the claimant as one of the two parties interested in the suit, and the principles of public law, first, which, if any, among the said claims of Sig. E. Cerruti against the Government of Colombia be a proper claim or claims for international adjudication, and, secondly, which, if any...
Page 77 - ... shall so declare them to be and shall take no further action in the matter of such claim or claims. The claims to which this protocol has reference shall be presented together with the documents and evidence in their support, to the arbitrator and submitted to him not sooner than six calendar months, nor later...
Page 87 - ... judgment may be necessary or conducive to the attainment in a fair and equitable manner of the ends and purposes which the protocol is intended to secure...
Page 86 - Now, therefore, be it known that I, GROVER CLEVELAND, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

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