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 JusticeOxford University Press, American branch, 1916 - 108 páginas FROST (copy 1): From the John Holmes Library collection. |
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Términos y frases comunes
accept accordance Administrative Council adopted agreement apply appointed arbitral awards Arbitral Court Arbitral Justice Austria-Hungary bind Britain commissions composed of judges compromis constitute the court contracting Powers controversy coöperate countries Cour Court of Arbitral court of justice created creation d'arbitrage decide Declaration of London deputy judges diplomatic channels draft convention Edward Fry establish the court exist ference Foreign Affairs Germany Government Hague Peace Conference institution international court international disputes international law International Prize Court JAMES BROWN SCOTT Jay treaty judgment judicial settlement legal nature limited number litigants ment method Minister of Foreign negotiations Netherland Minister non-contracting Power number of judges number of powers October 18 parties permanent tribunal present Convention principles of law Prize Court Convention procedure proposed court question ratification reason recommended Second Hague Second Peace Conference settle settlement of international signatory so-called Permanent Court special tribunals submit substitute judges temporary tribunal tion treaty undersigned United
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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 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.
Página 95 - Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles : — ARTICLE I.
Página 7 - With the object of facilitating an immediate recourse to arbitration for international differences, which it has not been possible to settle by diplomacy, the Signatory Powers undertake to organize a permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the Rules of Procedure inserted in the present Convention.