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THE PRESENT STATUS OF INTERNATIONAL

ARBITRATION

BY BRYANT SMITH, Guilford College, North Carolina, a Senior in Guilford College

Prize-Winning Essay in the Pugsley Contest, 1912-1913

THE PUGSLEY PRIZE-ESSAY CONTESTS

In 1908 Mr. Chester DeWitt Pugsley, then an undergraduate student in Harvard University, gave $50 as a prize to be offered by the Lake Mohonk Conference for the best essay on "International Arbitration" by an undergraduate student of an American college. The prize was won by L. B. Bobbitt of Baltimore, a sophomore in Johns Hopkins University. The following year (1909-1910) a similar prize, of $100, was won by George Knowles Gardner of Worcester, Massachusetts, a Harvard sophomore. A like prize of $100 in 1910-1911 was won by Harry Posner of West Point, Mississippi, a senior in the Mississippi Agricultural and Mechanical College.

The prize of 1911-1912, of which John K. Starkweather of Denver, Colorado, a junior in Brown University, was the winner, was the first offered to men students only (other similar prizes having been offered to women students) in the United States and Canada.

In the fifth Pugsley contest (1912-1913) the prize was awarded to Bryant Smith of Guilford College, North Carolina, a senior in Guilford College at the same place, whose essay follows. The judges were Chancellor Elmer Ellsworth Brown of New York University, Rollo Ogden, editor of the New York Evening Post, and Lieutenant General Nelson A. Miles, U. S. A., retired.

Each winner is invited to the Lake Mohonk Conference next following, where he publicly receives the prize from its donor, Mr. Pugsley.

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THE PRESENT STATUS OF INTERNATIONAL

ARBITRATION

The first concerted effort looking toward an eventual world-wide peace was the Hague Conference of 1899, where representatives of twenty-six nations assembled in response to a rescript from the Czar of Russia, whose avowed purpose, as set forth in the rescript, was to discuss ways and, if possible, devise means, to arrest the alarming increase in expenditures for armaments which threatened to bankrupt the national governments.

Unable to accomplish anything definite in this respect because of the vigorous opposition headed by Germany, the delegates turned their attention toward giving official recognition and concrete form to ideas which had already obtained in the settlement of international disputes, and toward the formation of a court before which the nations might have their differences adjudicated. The principles embodied in good offices and mediation and commissions of inquiry have given gratifying evidence of their efficiency, each in its respective capacity. The original achievement of the conference, however, was the Permanent Court of Arbitration. The composition of this court was to include not more than four persons from each of the signatory powers; from which panel, in case of an appeal to arbitration, each party was to select two judges, who, in turn, should elect their own umpire unless otherwise provided by the disputants. That it would

be subject to criticism might have been expected. That twenty-six nations could unanimously agree upon any court whatever was the real occasion for surprise. The four cases arbitrated during the eight years intervening between this and the Second Hague Conference served to bring out its defects, chief of which were its decentralized and intangible nature. Nominally a court, in reality it was but a panel scattered all over the world from which a court could, with great difficulty and expense, be selected. Nominally permanent, in reality it had to be re-created for each case to be judged.

The Second Hague Conference, working on a basis of this short experience, undertook to remedy these inherent defects in the arbitral machinery by leaving the Permanent Court just as it was, and by creating besides an International Court of Prize to serve a special function indicated by its name, and a court of Judicial Arbitration to supplement the work of, if not eventually to supplant, the former court. To insure greater impartiality and also to encourage the weaker powers the expenses of the new court, instead of falling upon the litigants in each case, were to be prorated among the ratifying powers. To insure greater tangibility and permanency the new court was to be composed of only seventeen members, each to serve a term of twelve years at a salary of $2400 per annum, with an additional $40 for each day of actual service. Furthermore, the court was to meet once a year and to elect each year a delegation of three of its members to sit at The Hague for settling minor cases arising in the interval between regular sessions, having the power also to call extra sessions of the entire court whenever occasion should

demand. To insure a more judicial personnel the convention specifies that members shall be qualified to hold high legal posts in their respective countries. The method by which members of the court were to be appointed the one point upon which the delegates were unable to agree was deferred for subsequent determination.

This, in addition to the one hundred and fifty-odd treaties privately entered into by two or more nations, many of which contain pledges to submit certain classes of disputes to the Permanent Court, is, in brief, what has been accomplished by way of constructive political organization by the modern peace movement.

How much does this signify? In view of the present attitude of the social mind, what are we to infer from this as bearing upon the ultimate outcome of international arbitration? It shall be the purpose of this of this paper

to answer that question.

In an address before the Mohonk Conference of 1911 Dr. Cyrus Northrup, ex-president of the University of Minnesota, said: "What is really wanted is not continued talking in favor of peace with the idea of converting the people; for the people are already converted! They are ready for peace and arbitration!" In the October number of the Review of Reviews for 1909, Privy Councillor Karl von Stengel, one of the German delegation to the First Hague Conference, is quoted as follows: "It must be stated emphatically that in its ultimate aims the peace movement is not only . . . Utopian, but... dangerous...." These quotations are given as typical of the attitude manifested by the two extremes, the injudiciously optimistic and the ultraconservative,

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