Page:The Green Bag (1889–1914), Volume 15.pdf/120

 International Arbitration.

89

individuals in respect of the same dispute. been unavailing. In all these cases Interna tional Tribunals can offer no help, as the Under the same law, for example, I recall a world is now; even mediation is difficult. case in which a Spanish Court decided upon Our aspirations, therefore, must be confined the question as to which was to blame for a collision on the high seas, a British ship or a to a restricted class of disputes. What then is the area of this restricted Spanish ship. The decision, which went field? This was much discussed at The against the British ship, was undoubtedly Hague Conference. You cannot attain an very difficult to justify, and the English exhaustive analysis. You cannot draw the Courts did not take the same view. Very line with any precision, or classify disputes serious consequences followed to the ag so as to distinguish between those in which grieved British subject. The same kind of arbitration is unattainable and those where mischief arises where a marriage is held valid you may expect it to be accepted. It de in one country and invalid in another. Now, I fully admit that it would be impos pends in every case upon many considera tions, including the relative power of nations, sible to apply arbitration in all cases of differ the temper of the moment, and the extent of ence relating to private international law. It is practicable where the Courts of different the interests involved. One proviso, how nations purport to apply similar laws, such ever, we may take with us; where vital inter est or national honor is concerned the hope as those relating to bills of exchange, or the of arbitration is slender. That limitation is carrying out of contracts, or navigation at of course itself vague. In short, instead of sea, in which the law of all States is substan trying to define, it is better to illustrate; be tially the same. There it would be easy to ginning with the least important subjects arrange that where the Courts of various countries differ the ultimate decision should upon which nations are apt to differ. Arbitration is generally attainable when rest with an International Tribunal, but it is disputes arise concerning private property, or another matter when the several Courts have arrangements to which many nations are par not been applying the same rule. ties that deal with mere matters of business. All this, however, does not carry us very Literary and artistic copyright; patents or far on the road to arbitration, as an alterna trade marks; postal, telegraphic, railway, or tive to war. These are small matters in which steamship conventions, are instances of national interests are not involved. Let me come to more important cases, this kind. The same may be said of what concerns where damages are claimed against a State the navigation of great rivers or inter-oceanic itself for illicit acts, or for negligence in ob canals, though it is conceivable that such j serving international duties. Many such are questions may prove in the future, as they constantly arising, and many have already have proved in the past, vital to the interests been arbitrated. They may be, and often are, of one particular nation. trivial cases. For example, not long ago an Another sphere ought certainly to fall Australian ship on the point of starting upon within the area of arbitration; that of private ' a whaling expedition was seized upon in ade International law. The conflict which arises quate grounds by the Government of a by reason of the diversity of the laws in one Dutch colony. Arbitration was demanded, country from the laws of another country has and the Dutch Government agreed to it. An been the subject of learned volumes. More award of damages was made, and duly satis over, it often happens that the Courts of two fied. Or again, under the Behring Sea Con nations exercise a jurisdiction over the same vention, claims arise from time to time when