Registrar, or the Secretary acting as Registrar. The form thus adopted is that in which decisions of the Judicial Committee of the British Privy Council are recorded.

The suppression of Art. 55 (99), which deals with the question of the revision of the award, was moved by M. de Martens who had in 1899 opposed its enactment. The arbitrators in the "Pious Funds" case had expressed the "wish" "that in the Compromis the least possible use should be made of the power given by Article 55." M. de Martens urged that the prime object of arbitration is the termination of a dispute. The revision of the award is contrary to this idea as it allows the Powers at variance to continue the dispute; he also pointed out that in no one of the four cases heard before the Hague Tribunal had the demand for revision been made. In opposition to this view of M. de Martens it was pointed out that arbitration is not solely for the purpose of terminating a difference, but that it is before all things a means of settling by agreement a dispute which has been left to the judgment of arbitrators freely chosen. Every stage of arbitration depends upon the voluntary action of the parties. Why then should recourse to revision be forbidden them? Further, the Tribunal might have been misled; new facts unknown at the moment when the award was given might come to light, and it would be regrettable if revision under such circumstances were excluded; and even if Art. 55 (99) were suppressed, the parties might provide for revision in the Compromis. M. de Martens' views failed of acceptance, and Article 83 re-enacts Art. 55 (99).

One of the objections to the Permanent Court was the cost of the proceedings which made it difficult for poorer states to Chapter iv. Summary avail themselves of it, and also that as the choice of arbiarbitration. trators was limited to members of the Permanent Court it might render recourse to it impossible in technical disputes. The French Delegation therefore presented a draft intended to be supplementary to the Convention, and in no way destined to replace it, but to adapt its principles to the settlement of disputes of a technical nature, and others not contemplated by the Conference of 1899. The choice of arbitrators in summary cases is therefore not limited to those on the list of the Permanent Court. The Committee adopted the French draft, and embodied it in the present Convention, making certain necessary changes, accepting in Article 87 the principle in regard to the appointment of umpire which they had rejected in the case of the Permanent Court1.

The changes made in the Convention are on the whole only in the

1 See ante, p. 174.

nature of developments of the principles adopted in 1899. The influence of the recommendations made by the arbitrators in the "Pious Funds' and "Venezuelan" cases is especially noteworthy. Perhaps the most important change is that in Article 48 to which attention has already been directed. A state conscious of the justice of its claims can now appeal to the Hague Tribunal, and leave it to its opponent either to accept arbitration or face public opinion.

A protocol de compromis for the reference to arbitration of the dispute between France and Germany on the Casablanca affair was signed on the 24th Nov. 1908. In matters not specifically regulated by the Compromis the parties agreed to be bound by the terms of the foregoing Convention notwithstanding the fact that it had not at the time been ratified by either state. This will apparently be the first case to be heard before the Permanent Court under the new Convention.

Great Britain and the United States signed a Convention on the 27th January, 1909, for submitting to arbitration disputes which have arisen between them as to the interpretation of a Treaty of 1818 on the subject of fishery rights on the coasts of Newfoundland, Labrador, etc.1 The Tribunal of Arbitration is to be chosen from the general list of members of the Permanent Court at the Hague in accordance with the provisions of Article 45 of the Convention of 1907. The provisions of this Convention, except Articles 53 and 54, are to govern the proceedings. The Tribunal is to be empowered to recommend for the consideration of the parties rules and a method of procedure under which questions which may arise in the future regarding the exercise of liberties under the Convention of 1818 may be determined in accordance with the principles laid down in the award. If the parties shall not adopt the rules and method of procedure recommended, or if they shall not, subsequent to the award, agree upon such rules and procedure, any differences which may arise between them relating to the interpretation of the Treaty of 1818, or the effect and application of the award of the Tribunal, shall be referred informally to the Permanent Court at the Hague for decision by the summary procedure provided by Chapter iv. of the Hague Convention for the Pacific Settlement of International Disputes2.

The

None of the states which signed the Convention of 1899 have abstained from signing the new Convention except Nicaragua: the remaining 43 states enumerated in the Preamble have all signed, but eight have made the reservations which follow.

signatory Powers.

1 Parl. Papers, 1909. [Cd. 4528.]

2 See ante, p. 155.

The United States signed under reservation of the declaration made by Mr Scott as set out previously1, a declaration which was renewed by Mr Hill at the Plenary Meeting on the 16th Oct.

Reservations.

1907.

Brazil signed under reserve of paragraphs 2, 3 and 4 of Article 53 which relate to the powers conferred on the Permanent Court to settle the Compromis on the request of one of the parties in the case where the parties have not been able to agree.

Greece and Switzerland made similar reserves in the case of paragraph 2 of the same Article.

Chili signed subject to a reservation on Art. 39.

Japan signed under reserve of paragraphs 3 and 4 of Article 48 and paragraph 2 of Article 53 and Article 54.

Roumania signed under reservation on Arts. 37, 38 and 40.

Turkey signed under reservation of the following declarations: "The Ottoman Delegation declares, in the name of his government, that while it is not unmindful of the beneficent influence which good offices, mediation, commissions of inquiry and arbitration are able to exercise on the maintenance of the pacific relations between states; in giving its adhesion to the whole of the Draft, it does so on the understanding that such methods remain, as before, purely optional; it could in no case recognise them as having an obligatory character rendering them susceptible of leading directly or indirectly to an intervention.

"The Imperial Government proposes to remain the sole judge of the occasions when it shall be necessary to have recourse to the different proceedings or to accept them without its determination on the point being liable to be viewed by the signatory states as an unfriendly act.

"It is unnecessary to add that such methods should never be applied in cases of internal order."

1 See ante, p. 173.

II. Convention concernant la II.
Limitation de l'Emploi de la
Force pour le Recouvrement
de Dettes Contractuelles.
Sa Majesté l'Empereur d'Allemagne,
Roi de Prusse &c.1

Désireux d'éviter entre les nations des conflits armés d'une origine pécuniaire, provenant de dettes contractuelles, réclamées au Gouvernement d'un pays par le Gouvernement d'un autre pays comme dues à ses nationaux,

Ont résolu de conclure une Convention à cet effet, et ont nommé pour Leurs Plénipotentiaires, savoir:

[Dénomination des Plénipotentiaires.] Lesquels, après avoir déposé leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des dispositions suivantes :

ART. 1.

Les Puissances contractantes sont convenues de ne pas avoir recours à la force armée pour le recouvrement de dettes contractuelles réclamées au Gouvernement d'un pays par le Gouvernement d'un autre pays comme dues à ses nationaux.

Toutefois, cette stipulation ne pourra être appliquée quand l'État débiteur refuse ou laisse sans réponse une offre d'arbitrage, ou, en cas d'acceptation, rend impossible l'établissement du compromis, ou, après l'arbitrage, manque de se conformer à la sentence rendue.

Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts. His Majesty the German Emperor, King of Prussia &c.1

Being desirous of avoiding between nations armed conflicts originating in a pecuniary dispute respecting contract debts claimed from the Government of one country by the Government of another country as due to its nationals,

Have resolved to conclude a Convention to this effect, and have appointed as their Plenipotentiaries, that is to say:

[Names of Plenipotentiaries.]

Who, after having deposited their full powers, found to be in good and due form, have agreed upon the following provisions:

ART. 1.

The Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the Government of one country by the Government of another country as being due to its nationals.

This undertaking is, however, not applicable when the debtor State refuses or neglects to reply to an offer of arbitration, or, after accepting the offer, renders the settlement of the Compromis impossible, or, after the arbitration, fails to submit to the award.

1 List of States as in the Final Act, 1907.