An International Court of Justice: Letter and Memorandum of January 12, 1914, to the Netherland Minister of Foreign Affairs, in Behalf of the Establishment of an International Court of Justice
Oxford University Press, American branch, 1916 - 108 páginas
FROST (copy 1): From the John Holmes Library collection.
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accept accordance adjustment Administrative adopted agree agreement American appears apply appointed Arbitral Court Arbitral Justice arise Article awards believed bind Britain called channels choice commissions composed compromis concerned considered constitute contracting Powers controversy coöperate countries Cour Court of Arbitral created creation decide decision delegation desire determination difficulty diplomatic disputes draft convention effect establishment exist experience fact favor Final force Germany Government Hague hope important institution international court international law Italy judges judgment judicial language litigants matter means ment method Minister nations nature necessary negotiations Netherland nine number of powers official operation organization parties Permanent Court possible practice present Prize Court procedure proposed proposed court question ratification reached reason recommended referred regard render represented respect result rules Secretary selected settle settlement submit suggest temporary tribunal tion treaty tribunal United views
Página 21 - Conference a development of the Hague tribunal into a permanent tribunal composed of judges who are judicial officers and nothing else, who are paid adequate salaries, who have no other occupation, and who will devote their entire time to the trial and decision of international causes by judicial methods and under a sense of judicial responsibility. These judges should be so selected from the different countries that the different systems of law and procedure and the principal languages shall be...
Página 21 - If there could be a tribunal which would pass upon questions between nations with the same impartial and impersonal judgment that the Supreme Court of the United States gives to questions arising between citizens of the different States, or between foreign citizens and the citizens of the United States, there can be no doubt that nations would be much more ready to submit their controversies to its decision than they are now to take the chances of arbitration.
Página 56 - But if the Governor of Ohio refuses to discharge this duty, there is no power delegated to the General Government, either through the Judicial Department or any other department, to use any coercive means to compel him.
Página 6 - Hundreds of disputes have been settled since the Jay Treaty of 1794 between Great Britain and the United States, which brought again this method into repute and into the practice of nations.
Página 47 - ... lodged among the acts of congress for the security of the parties concerned : provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection or hope of reward:" provided also that no state shall be deprived of territory for the benefit...
Página 11 - From this brief exposition it is evident that the foundations of a permanent court have been broadly and firmly laid; that the organization, jurisdiction, and procedure have been drafted and recommended in the form of a code which the Powers or any number of them may accept and, by agreeing upon the appointment of judges, call into being a court at once permanent and international. A little time, a little patience, and the great work is accomplished.
Página 75 - ... 1. A dispute covered by a general Treaty of Arbitration concluded or renewed after the present Convention has come into force, and providing for a "Compromis...
Página 107 - The award must give the reasons on which it is based. It contains the names of the arbitrators; it is signed by the president and registrar or by the secretary acting as registrar.
Página 7 - Power selects four persons at the most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrator.