Autobiography of Andrew Dickson White — Volume 2

by Andrew Dickson White

The first article in Sir Julian's proposal states that, with the desire to facilitate immediate recourse to arbitration by nations which may fail to adjust by diplomatic negotiations differences arising between them, the signatory powers agree to organize a permanent tribunal of international arbitration, accessible at all times, to be governed by a code, provided by this conference, so far as applicable and consistent with any special stipulations agreed to between the contesting parties.

Its second provision is the establishment of a permanent central office, where the records of the tribunal shall be preserved and its official business transacted, with a permanent secretary, archivist, and suitable staff, who shall reside on the spot. This office shall make arrangements for the assembling of the tribunal, at the request of contesting parties.

Its third provision is that each of the signatory powers shall transmit the names of two persons who shall be recognized in their own country as jurists or publicists of high character and fitness, and who shall be qualified to act as judges. These persons shall be members of the tribunal, and a list of their names shall be recorded in the central office. In case of death or retirement of any one of these, the vacancy shall be filled up by new appointment.

Its fourth provision is that any of the signatory powers desiring to have recourse to the tribunal for the settlement of differences shall make known such desire to the secretary of the central office, who shall thereupon furnish the powers concerned with a list of the members of the tribunal, from which such powers may select such number of judges as they may think best. The powers concerned may also, if they think fit, adjoin to these judges any other person, although his name may not appear on the list. The persons so selected shall constitute the tribunal for the purpose of such arbitration, and shall assemble at such date as may be most convenient for the litigants.

The tribunal shall ordinarily hold its sessions at ——; but it shall have power to fix its place of session elsewhere, and to change the same from time to time, as circumstances may suggest.

The fifth provision is that any power, even though not represented in the present conference, may have recourse to the tribunal on such terms as may be prescribed by the regulations.

Provision sixth: The government of —— is charged by the signatory powers, on their behalf, as soon as possible after the conclusion of this convention, to name a permanent council of administration, at ——, composed of five members and a secretary. This council shall organize and establish the central office, which shall be under its control and direction. It shall make such rules and regulations as may be necessary for the office; it shall dispose of all questions that may arise in relation to the working of the tribunal, or which may be referred to it by the central office; it shall make all subordinate appointments, may suspend or dismiss all employees, and shall fix their salaries and control their expenditure. This council shall select its president, who shall have a casting-vote. The remuneration of the members shall be fixed from time to time by accord between the signatory powers.

Provision seventh: The signatory powers agree to share among them the expenses pertaining to the administration of the central office and the council of administration; but the expenses incident to every arbitration, including the remuneration of the arbiters, shall be equally borne by the contesting powers.

From a theoretical point of view, I prefer to this our American plan of a tribunal permanently in session: the judges, in every particular case, to be selected from this. Thus would be provided a court of any odd number between three and nine, as the contesting powers may desire. But from the practical point of view, even though the Russian plan of requiring the signatory powers to send to the tribunal a multitude of smaller matters, such as those connected with the postal service, etc., is carried out, the great danger is that such a court, sitting constantly as we propose, would, for some years, have very little to do, and that soon we should have demagogues and feather-brained "reformers" ridiculing them as "useless," "eating their heads off," and "doing nothing"; that then demagogic appeals might lead one nation after another to withdraw from an arrangement involving large expense apparently useless; and in view of this latter difficulty I am much inclined to think that we may, under our amended instructions, agree to support, in its essential features as above given, the British proposal, and, with some reservations, the code proposed by the Russians.

Among the things named by the Russians as subjects which the agreeing powers must submit to arbitration, are those relating to river navigation and international canals; and this, in view of our present difficulties in Alaska and in the matter of the Isthmus Canal, we can hardly agree to. During the morning Sir Julian came in and talked over our plan of arbitration as well as his own and that submitted by Russia. He said that he had seen M. de Staal, and that it was agreed between them that the latter should send Sir Julian, at the first moment possible, an amalgamation of the Russian and British plans, and this Sir Julian promised that he would bring to us, giving us a chance to insert any features from our own plan which, in our judgment, might be important. He seemed much encouraged, as we all are.