Pax mundi

Article XVII. – Whenever disputes arise the nations involved shall appoint courts of arbitration in accordance with the provisions of the preceding articles. Only by the mutual and free consent of all of such nations may those provisions be disregarded, and courts of arbitration appointed under different arrangements.

Article XVIII. – This treaty shall remain in force for twenty years from the date of the exchange of ratifications. After the expiration of that period, it shall continue in operation until one of the contracting parties shall have notified all the others of its desire to terminate it. In the event of such notice the treaty shall continue obligatory upon the party giving it for at least one year thereafter, but the withdrawal of one or more nations shall not invalidate the treaty with respect to the other nations concerned.

Article XIX. – This treaty shall be ratified by all the nations approving it, according to their respective constitutional methods; and the ratifications shall be exchanged in the city of Washington on or before the first day of May, A.D. 1891. Any other nation may accept this treaty and become a party thereto, by signing a copy thereof and depositing the same with the Government of the United States; whereupon the said Government shall communicate this fact to the other contracting parties.

Butler & Tanner, The Selwood Printing Works, Frome, and London.

notes

1

Mazzoleni, in his "L'Italia nel movimento per la Pace," gives twenty instances. See pp. 58, 59. trans.

2

On a motion by Ruggiero Bonghi, supported by Crispi in a speech in which he said that the future depended upon a European tribunal of arbitration.

3

See Martens' "Nouveau recueil général," xiv. p. 32 (art xxi.), and Calvo, "Droit International," II., § 1499.

4

According to a Manuscript by President Louis Ruchonnet, addressed to F. Bajer.

5

See "Svensk förfaltningssamling," 1869, No. 74, page 26, and "Lois Beiges," 1869, No. 36, § 24. In the Swedish-Siamese treaty, art. 25, it is stated: "Should any disagreement arise between the contracting parties which cannot be arranged by friendly diplomatic negotiation or correspondence, the question shall be referred for solution to a friendly neutral power, mutually chosen, whose decision the contracting powers shall accept as final." Similar agreements are to be concluded between Italy and Switzerland, Spain and Uruguay, Spain and Hawaii, and between France and Ecuador.

6

The Treaty is given word for word in the Herald of Peace, July, 1883.

7

In this treaty, which was concluded at Stockholm, Nov. 21st, 1855, the King of Norway and Sweden bound himself not to resign to Russia, or to barter with her, or otherwise allow her to possess, any portion of the territory of the united kingdoms, nor to grant to Russia right of pasture or fishery, or any similar rights, either on the coast of Norway or Sweden. Any Russian proposal which might be made under this head must be made directly to France or England, who then by sea and land must support us by their military power. A glorious contrast to the declaration of neutrality, Dec. 15th, 1853!

8

Conquered Russia had to bind herself, at the conclusion of peace, not to keep war ships in the Black Sea, not to have any haven for war ships on her coasts. Stipulations which were perceived by all thinking men at the time to be untenable in the long run.

9

£3,196,874 were received by Sec. Fish, Sept. 9th, 1873. See Haydn's "Dictionary of Dates."

10

The Arbitrator, 1890, April.

11

The Japanese Government demanded redress, which was at first refused by China. This led to a stormy correspondence, which at last became so bitter that both sides prepared for war. The Japanese troops had already taken possession of Formosa. During this dangerous juncture, the British minister in Pekin, Sir Thomas Wade, offered to mediate as an arbiter. The offer was accepted, and led to an agreement between the Chinese Government and the Japanese ambassador in Pekin, by which China was to pay Japan 50,000 taels, and the Japanese troops were to evacuate Formosa. When Lord Derby, who was at that time Foreign Secretary of Great Britain, received a telegram from Sir Thomas Wade respecting this happy result, he answered him: "It is a great pleasure to me to present to you the expression of the high esteem with which her Majesty's Government regards you for the service you have rendered in thus peaceably adjusting a dispute which otherwise might have had unhappy consequences, especially to the two countries concerned, but also for the interests of Great Britain and other parties to treaties." Sir Harry Parkes, the English minister in Japan, wrote to Lord Derby, that the Mikado, the Emperor of that land, had invited him to an interview for the purpose of expressing his satisfaction at the result, and through him to present his warm thanks for his brave and efficient service. The Japanese minister in London also called upon Lord Derby and expressed the thanks of his Government to Mr. Wade. "He could assure me," said Lord Derby, when he repeated the words of his excellency, "that the service which has thus been rendered will remain in grateful remembrance among his countrymen."

12

This dispute had assumed quite a serious and menacing character when the ex-president Grant, on his journey round the world, came to China. When his arrival became known, the Chinese prince, Kung, submitted to him that he should use his great influence in mediating between the two countries. A specially interesting conversation followed: "We have," said Prince Kung, "studied international law as it is set forth by English and American authors, whose works are translated into Chinese. If any value is to be set upon principles of international right, as set forth by the authors of your nation, the doing away with the independence of the Liu Kiu Islands is an injustice." Grant reminded him that he was there only as a private individual, but added, "It would be a true joy to me if my advice or efforts could be the means of preserving peace, especially between two nations for whom I cherish such interest as for China and Japan." Immediately afterwards he returned to Tokio, the capital of Japan, called upon the Emperor and his Minister, and advocated a peaceable settlement of the dispute. He wrote to Prince Kung the result of his mediation, and produced a scheme for a Court of Arbitration.

13

At the Peace of Utrecht, 1713, it was decided that the course of the river Maronis was the boundary. But that river divides itself into two branches which embrace a large tract of land, almost a fifth part of French Guiana. Neither France nor Holland had claimed that land until gold beds were discovered there, and it had to be decided which of the two arms of the river was to be considered as the Maronis, and which as a tributary.

14

This and the following regulations are taken from Bluntschli's "Das moderne Völkerrecht der civilizirten Staatens," Nordlingen, 1872. Some of the treaty provisions and questions are grounded upon "Recueil des traités, conventions," etc., par Ch. de Martens and F de Cussy, Leipzig, 1846, and "Archives diplomatiques:"

– Since practical abstaining from war is the natural assumption of neutrality, a neutral State is bound not to assist any belligerent power in warlike purposes.

– A neutral State may not supply a belligerent power with weapons or other war material.

– If private persons furnish belligerent powers with war material as articles of commerce, they assuredly run the risk of confiscation by the contending parties of such articles, as contraband of war; but the neutral State is not to be regarded as having violated its neutrality by tolerating trade in contraband of war.

– Permission freely to purchase food even upon account of a belligerent power is not regarded as a serious concession towards that State, provided that the permission is general, applying alike to both parties.

– A neutral State may not permit the war-ships of a belligerent power to run into its ports or (with any other object than to procure provisions, water, coal, etc.) to traverse its sounds, rivers and canals.

– Belligerent powers are bound fully to respect the right of peace of the neutral States, and to abstain from any invasion of their territories.

– Where a violation of neutral territory has taken place from ignorance of the boundary and not from evil intent, the neutral State shall immediately claim redress, compensation, and the adoption of measures necessary to prevent a similar mistake in future.

15

See in respect of this act, "Recueil des traités, conventions," etc., Ch. de Martens and F. de Cussy, Part iii. p. 243 Leipzig, 1846.

16

See Ch. de Martens and F. de Cussy, in the above-named collection, Part iv. p. 575.

17

Respecting the correspondence on this question, see the remainder of "Archives diplomatiques," 1871-72.

18

Motion in the Second Chamber, No. 97.

Since the European States have settled into their present grouping, the material preponderance of the great powers over the smaller countries has more and more diminished the possibility of these defending their external liberty and independence by military power only.

There are States whose whole male population cannot equal or barely exceed the number, which a great power can command for its fully equipped army.