1898.


COMMISSIONS OF ENQUIRY AND THE HAGUE CONVENTION

Sir,--It is just now [1904] especially desirable that the purport of
those provisions of The Hague Convention "for the peaceful settlement of
international controversies" which deal with "international commissions
of enquiry" should be clearly understood. It is probably also desirable
that a more correct idea should be formed of the effect of that
convention, as a whole, than seems to be generally prevalent. You may,
therefore, perhaps, allow me to say a few words upon each of these
topics.

Art. 9 of the convention contains an expression of opinion to the effect
that recourse to an international commission of enquiry into disputed
questions of fact would be useful. This recommendation is, however,
restricted to "controversies in which neither honour nor essential
interests are involved," and is further limited by the phrase "so far as
circumstances permit." Two points are here deserving of notice.

In the first place, neither "the honour and vital interests clause," as
seems to be supposed by your correspondent Mr. Schidrowitz, nor the
clause as to circumstances permitting, is in any way modified by the
article which follows. Art. 10 does not enlarge the scope of Art. 9, but
merely indicates the procedure to be followed by Powers desirous of
acting under it. In the second place, it is wholly unimportant whether
or no the scope of Art. 9 is enlarged by Art. 10. The entire liberty of
the Powers to make any arrangement which may seem good to them for
clearing up their differences is neither given, nor impaired, by the