Letters to "The Times" upon War and Neutrality (1881-1920) by Thomas Erskine Holland
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page 23 of 300 (07%)
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which eventually concurred in supporting the
Anglo-Portuguese-American proposal, according to which, differences of a juridical character, and especially those relating to the interpretation of treaties, are to be submitted to arbitration, unless they affect the vital interests, independence, or honour, of the States concerned, or the interests of third States; while all differences as to the interpretation of treaties relating to a scheduled list of topics, or as to the amount of damages payable, where liability to some extent is undisputed, are to be so submitted without any such reservation. This proposal was accepted by thirty-two Powers, but as nine Powers opposed it, and three abstained from voting, it failed to become a convention. The delegates to the Conference of 1907 went, however, so far as to include in their "Final Act" a statement to the effect that they were unanimous: (1) "in recognising the principle of obligatory arbitration"; (2) "in declaring that certain differences, and, in particular, such as relate to the interpretation and application of the provisions of International Conventions, are suitable for being submitted to obligatory arbitration, without any reservations." _Par._ 5.--The Convention between France and Great Britain, concluded on October 14, 1903, for five years, and renewed in 1908, and again in 1913, for a like period, by which the parties agree to submit to The Hague tribunal any differences which may arise between them, on condition "that they do not involve either the vital interests, or the independence, or honour of the two contracting States, and that they do not affect the interests of a third Power," has served as a model or "common form," for a very large number of conventions to the |
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