Page:The National Geographic Magazine Vol 16 1905.djvu/163

The efforts of President Roosevelt in advancing the interests of international arbitration make this little volume of special interest. As is expected from a man of Mr Foster's experience and ability, the merits of international arbitration are concisely and forcefully, as well as clearly, set forth. The volume covers the inception, progress, and present condition of international arbitration. It makes clear the methods and processes to be followed, concerning which there exist misunderstandings in the minds of many. The Hague Convention recognizes two classes of controversy, the first of a judicial character, and the second questions regarding the interpretation or the application of international treaties.

The Washington conference of 1890 recommended an arbitration treaty with the stipulation that the sole question which any nation is at liberty to decline to arbitrate is a question which might emperil its independence. Chile and Argentina have united in such a treaty, while the Netherlands and Denmark agreed to submit to The Hague Court all mutual differences and disputes that cannot be solved through diplomatic channels.

The Hague Court does not sit as a collective body, but the nations submitting cases for arbitration select by mutual agreement one, three, or five members from the personnel constituting the court, which in its membership is practically a permanent panel of international jurymen.

With regard to rehearings, they are to be permitted only on the discovery of new facts, previously unknown to the tribunal and the parties, which must be of such a character as to exercise a decisive influence on the judgment.

General Foster considers the much-criticised decision of the tribunal conceding preferential treatment to allied powers in the Venezuelan case, but believes with Mr MacVeagh that the presence of thirteen nations before the tribunal was such a valuable object lesson of the wisdom and efficacy of arbitration as to offset any other disadvantages.

General Foster wisely suggests that The Hague Court should be made a truly international tribunal by adding to its personnel representatives from all the American republics. He favors a prohibitive rule regarding a member of the permanent panel appearing as counsel for the litigating party, and believes that the question of expense should be carefully considered, as it is now practically prohibitive against smaller states of limited resources. There should also be suitable rules regarding the language to be used in arguments and the familiarity of the judges therewith.

General Foster shows the necessity of fostering and stimulating an intelligent interest in arbitration. It is hoped that the final outcome in the United States will be to further the interests of peace, and justify his statement that "The Hague Court will long stand as a beacon light in the tempestuous sea of international politics, and its influence and efficiency grow with advancing years." A. W. G.

Mr Stead has rendered a service to all students of Japan by bringing together what might be called "the documents in the case," which are indispensable to any one desiring to obtain a