The Russian project had for its fundamental ideas Chapter V the following: 1. The designation, by the present The Russian Conference, for a period which should last until the proposal. meeting of another similar Conference, of five Powers, to the end that each of these in case of an agreement for arbitration, should nominate one judge either from among its own citizens or from without; 2. The establishment at The Hague of a permanent Bureau with the duty of communicating to the five Powers appointed the request for the appointment of arbitrators by the contending parties.

plan.

The American plan differed from the others chiefly The American in the following features: 1. The appointment by the highest court of each State of one member of the international tribunal; 2. The organization of the tribunal as soon as nine Powers should adhere to the Convention; 3. The appointment of a particular bench, to sit for each case submitted, according to the agreement between the contending States. This agreement might call for the sitting of all the members of the tribunal, or for a smaller given number, not less, however, than three. Whenever the Court consisted of not more than three judges none of the latter should be a native, subject, or citizen of either of the litigating States. 4. The right of the litigating States, in particular cases and within certain limits. of time, to have a second hearing of the question involved before the same judges.

The preliminary discussion upon the subject of the permanent Court of Arbitration in the Comité d'Ex

Chapter V

The discus

sion in the Comité d'Examen.

tion of the

French

amen was one of particular importance and interest, and took place on the 9th of June in the Salle de Trèves in the Palace of the Binnenhof at The Hague, where most of the sessions of the Committee were held. At the opening of the session, M. Bourgeois, The declara- the Chairman, on behalf of the French Delegation, read a statement to the effect that the French DeleDelegation. gation, recognizing that a common purpose animated the different projects submitted to the Committee, and that the principles involved were sufficiently stated in one or the other of these projects, had come to the conclusion that it was not necessary on their part to submit a separate project, but, under the double guaranty of entire liberty in having recourse to the tribunal, and the liberty of choosing arbitrators, the delegation did not hesitate to give from the start its cordial adhesion to the proposed new institution. "Under this double guaranty," said M. Bourgeois, "we do not hesitate to support the idea of the permanent institution, always accessible and charged with applying rules and following the procedure established between the Powers represented at the Conference at The Hague. We also accept the establishment of the international Bureau, which should be established to give, as it were, continuity, and serving as a chancellery, clerk's office, and archives of the arbitral tribunal. We believe that it is particularly useful that it should be continuous in its service, not only for the purpose of preserving at one common point the judicial intercourse between the Nations, and for the purpose of rendering more certain the

unity of procedure, but also for the purpose of Chapter V reminding incessantly the spirit of all peoples by a conspicuous and respected sign, of the superior idea of right and of humanity, which the invitation of His Majesty the Emperor of Russia calls upon all civilized States to follow in common up to the point of realization. The French Delegation at the same Proposed time believes that it is possible to invest this perma- the Bureau. nent institution with an even more efficacious rôle. It is of the opinion that the Bureau might be invested with an international mandate, strictly limited, giving it the power of initiative, and facilitating in most cases the recourse of Powers to arbitration.

"In case there should develop between two or more of the Signatory States one of the differences recognized as being a proper subject for arbitration, the permanent Bureau should have the duty of reminding the litigating parties of the Articles of this Convention, having for its object the right or the obligation to have recourse, by consent in such a case, to arbitration.

"It would therefore offer its services to act as an intermediary between them, in putting into motion the procedure of arbitration, and opening unto them access to its jurisdiction. It is often a legitimate prejudice and an elevated sentiment which may prevent two nations from coming to a pacific arrangement in an excited state of public opinion, -whichever of the two Governments first requested arbitration might fear having its initiative considered in its

R

mandate to

Chapter V Proposed mandate to

own country as an exhibition of weakness, and not as bearing witness to its entire confidence in its good the Bureau. right.

"In giving to the permanent Bureau a particular duty of initiative, we believe this offer would be made acceptable. It is the recognition of an analogous difficulty that has led the Third Committee not to hesitate, in cases even more serious and more general, to recognize the right of neutrals to offer their mediation, and in order to encourage them in the exercise of this right, the Commission has declared that their intervention cannot be considered as an unfriendly act. A fortiori, in the special cases to which this present convention has reference, it is possible to give to the permanent Bureau a precise duty of initiative. It will be charged with reminding the parties of those Articles of this Convention, which would seem to the Bureau to cover the difference between them, and it would ask them, therefore, whether they would consent under conditions foreseen by themselves to arbitral procedure-in other words, simply to carry out their own engagements. To a question thus asked, the answer will be easy, and the scruple on the score of dignity which might otherwise prevent such recourse, will disappear.

"In order to put in motion one of the mighty machines by which modern science is transforming the world, it is sufficient simply to push a finger at the point of contact. Still, it is necessary that some one should be charged with the duty of making this simple movement. The French Delegation believes

that the institution to which such international man- Chapter V date may be confided, will play in history a rôle which will be nobly useful."

It will be seen that the ideas expressed in the last paragraph of the statement of the French Delegation afterward took form in a somewhat different shape in Article 27 of the present Convention, and reference will be made thereto in the discussion of that Article.

At the close of the presentation of the statement from the French Delegation, Lord Pauncefote read the following statement:

"Before entering upon the extremely interesting Statement question which is to engage our attention to-day, I Pauncefote. wish to take occasion to express my thanks to my colleagues from Russia and America who have kindly consented that the plan for a permanent international tribunal of arbitration which I have had the honor to introduce in the Committee should be the basis of our deliberations. In the projects which they have themselves introduced, improvements of my own may be found, and the Committee will surely appreciate their value as well as that of the other amendments which no doubt will be introduced. I wish also to thank the First Delegate of France for the declaration which he has just read, and in which he has informed the Committee that he also was willing to take my plan as the basis of the discussion, and at the same time I thank the other members of the Committee who have done me the honor of expressing themselves to the same effect. I am per