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Arbitration and Conciliation in Pan America

Published online by Cambridge University Press:  04 May 2017

James Oliver Murdock
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Extract

The International Conference of American States on Conciliation and Arbitration, which met in Washington from December 10, 1928, to January 5, 1929, was characterized by one of the delegates to the conference as the Locarno of the New World. Shortly after the signing of the General Pact for the Renunciation of War, we find the nations of the Western Hemisphere taking the logical next step of providing machinery for the pacific settlement of all international disputes. “ It is quite obvious that it is not sufficient to renounce war, unless we are ready to have recourse to the processes of peace.” Here is concrete evidence of the good faith of the American Republics to provide a clean-cut substitute for war as an instrument of national policy. The necessity for the development of machinery for international pacific settlement has been demonstrated to the present generation by the fact that the whole nature of the institution of war changed whenman became a scientist, an engineer, and a mechanic. Mass production, under the stimulus of intensive research, has madepossible the production of instruments of destruction which threaten to destroy civilization, unless international social relations can be brought within the control of law. While President-elect Hoover was making his good-will, personal-relations tour in South America, eminent jurists from twenty of the American Republics were meeting in Washington to set up the framework for the stabilization of international relations.

Type
Research Article
Information
American Journal of International Law , Volume 23 , Issue 2 , April 1929 , pp. 273 - 291
Copyright
Copyright ©American Society of International Law 1929

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References

2 Mr.Hughes, Charles Evans, Provisional Minutes of the Conference, Arbitration Committee, Jan. 3,1929, p. 16.Google Scholar

3 Conference Report, Final Act, 6th Resolution.

4 ibid.,7th Resolution.

5 Published in collection of documents of The International Conference of American States on Conciliation and Arbitration, Govt. Printing Office, Washington, 1929, pp. 90-97; printed in Supplement to this Journal, p. 98.

6 These documents are reprinted in the Supplement to this Journal, pp. 76–89.

7 International American Conference, Report and Recommendations, Washington, 1890 PP. 2–5.

8 Second International Conference of American States, Report of Delegates of United States, Senate Doc. No. 330, 57th Cong., 1st Sess., 1902, pp. 8–12. The treaty is reprinted in the Supplement to this Journal, Vol. 1, p. 299.

9 Ibid., pp. 36–39.

10 Ibid., pp. 139–143; Treaties, Conventions, etc., Malloy, Vol. 2, p. 2062; Supplement to this Journal, Vol. 1, p. 303.

11 Report of the Delegates of the United States to the Third International Conference of American States, Rio de Janeiro, 1906, pp. 97–98. Text of the resolution in Supplement to this Journal, Vol. 1, p. 307.

12 Ibid., pp. 71–73; Treaties, Conventions, etc., 1910–1923, Vol. III, 2879.

13 Fourth International Conference of American States, Report of American Delegates, Senate Doc. No. 744, 61st Cong., 3d Sess., pp. 138–144; Treaties, Conventions, etc., 19101923, Vol. III, 2922; Supplement to this Journal, Vol. 5, p. 17.

14 Report of the Delegates of the United States of America to the Fifth International Conference of American States, Santiago, Chile, 1924, pp. 133–136.

15 Ibid., pp. 110–124; U. S. Treaty Series, No. 752; Supplement to this Journal, Vol. 21, p. 107.

16 Ibid., p. 8; for text see Codification of American International Law, Projects of Conventions prepared at request of Governing Board of Pan American Union, Washington, 1925, pp. 119–121; and Special Supplement to this Journal, Vol. 20, p. 385.

17 Codification of American International Law, ibid., pp. 100–114; Special Supplement to this Journal, Vol. 20, pp. 368, 374.

18 Int. Comm. of Jurists, Rio de Janeiro Session, Apr. 18, 1927, Public Int. Law, Pan American Union, 1927, pp. 36–40; Special Supplement to this Journal, Vol. 22, p. 268.

19 Report of the Delegates of the United States of America to the Sixth International Conference of American States, Habana, 1928, p. 20.

20 Ibid., p. 310.

21 The Hague Conventions and Declarations of 1899 and 1907, James Brown Scott, pp. 230–232.

22 Ibid., pp. 236–239.

23 Latin American Commission of Inquiry and Arbitration Treaties, Summaries and Tables, June, 1928, James Oliver Murdock, Department of State Library.

24 Treaties, Conventions, etc., of the United States, Vol. 2, p. 1451, Peru, 1908; Vol. 1, p. 945, Haiti, 1909; Vol. III, p. 2859, Uruguay, 1909; p. 2504, Brazil, 1909; p. 2574, Ecuador, 1909.

25 Treaties, Conventions, etc., Vol. III, p. 2499, Bolivia, 1915; p. 2505, Brazil, 1916; p. 2509, Chile, 1916; p. 2575, Ecuador, 1916; p. 2788, Paraguay, 1915; p. 2795, Peru, 1915; p. 2860, Uruguay, 1915; p. 2865, Venezuela, 1921.

26 Convention between the United States and Central American Republics for the Establishment of International Commissions of Inquiry, signed at Washington, Feb. 7, 1923, U. S. Treaty Series, No. 717; Supplement to this JorrRNAL, Vol. 17, p. 108. The United States, Costa Rica, Guatemala, Honduras, and Nicaragua have ratified this treaty. El Salvador has not ratified.

27 The full text of this convention will be found in the Supplement to this Journal, p. 76.

28 U. S. Treaty Series, No. 752; Supplement to this Journal, Vol. 21, p. 107.

29 United States, 1924; Brazil, 1924; Chile, 1925; Costa Rica, 1928; Cuba, 1925; Dominican Republic, 1928; Guatemala, 1924; Haiti, 1926; Mexico, 1927; Panama, 1928; Paraguay, 1926; Peru, 1928; Salvador, 1928; Uruguay, 1928; Venezuela, 1925.

30 Provisional Minutes of the Conference, Conciliation Committee, Jan. 3, 1929, p. 3.

31 Provisional Minutes of the Conference, Conciliation Committee, Jan. 3, 1929, p. 14.

32 The full text of this treaty will be found in the Supplement to this Journal, p. 82.

33 62nd Cong., 1st. Sess., Senate Doc. No. 91, Vol. 30, 6108; Supplement to this Journal, Vol. 5, p. 253.

34 Congressional Record, 70th Cong., 1st Sess., Vol. 69, No. 124, Thurs., May 10, 1928; 15. S. Treaty Series, No. 768; Supplement to this Journal, Vol. 22, p. 37.

35 Supplement to this Journal, Vol. 17, p. 65.

36 Provisional Minutes of the Conference, Arbitration Committee, Jan. 3, 1929, p. 17.

37 Provisional Minutes of the Conference, Arbitration Committee, Jan. 3, 1929, p. 15.

38 League of Nations, Arbitration and Security, Geneva, C. 653. M. 216. 1927. V., pp. 83–353.

39 Latin American Commission of Inquiry and Arbitration Treaties, Summaries—Tables, June, 1928, James Oliver Murdock, Department of State Library.

40 Protocol between the United States and Venezuela, May 1, 1852, Malloy, p. 1842; agreement between the United States and Spain of Feb. 11–12, 1871, Malloy, Vol. 2, 1661; agreement between United States and Germany providing for a mixed claims Commission, Aug. 10, 1922, Malloy, p. 2601. See Treaties, Conventions, etc. (Malloy) for numerous other examples.

41 1 Stat. at Large, 372.

42 2 Stat. at Large, 7–9.

43 24 Stat. at Large, 475.

44 26 Stat. at Large, 612.

45 224 U. S. 601. See editorial comment on the case in this Journal, Vol. 6, p. 716.

46 62nd Cong., 1st Sess., Senate Doc. No. 91, Vol. 30, 6108. See for text of proposed treaty with Great Britain, Supplement to this Journal, Vol. 5, p. 253.

47 Provisional Minutes of the Conference, Arbitration Committee, Jan. 3, 1929, p. 17.

48 Text of protocol will be found in Supplement to this Journal, p. 88.

49 Provisional Minutes of the Conference, Fourth Plenary Session, Jan. 5, 1929, p. 3. 49 Ibid., pp. 4–5.