International Arbitration, from Athens to Locarno

By Jackson H. Ralston | Go to book overview
Save to active project

CHAPTER XXVII
INTERNATIONAL COMMISSIONS OF INQUIRY

244. General observations. -- The customary use of the term "International Commissions of Inquiry" seems to date from the first Hague Conference of 1899. Before this time the thing itself had but a rudimentary existence. Its nearest approximations were furnished by some territorial commissions and possibly arbitrations in special phases. It will be noted, however, that territorial commissions have usually had relation to a more or less fixed situation whereas commissions of inquiry concern themselves for the most part with the existence or character of a fact and it may be an examination into the law arising as a result of the fact. From another point of view the older commissions, in so far as they might be called commissions, determined some long antecedent state of affairs, whereas the modern commission relates itself to something of immediate and pressing importance.

A suggestion of a territorial commission of inquiry, by way of illustration, was contained in the proposed treaty between the United States and England dated January 11, 1897, and originally submitted by President Cleveland and afterward by President McKinley, but so amended as to lead to its abandonment. By its provisions1 under Article 6 a controversy involving the determination of territorial claims was to be submitted to a tribunal of six members, three judges of the Supreme Court or Justices of Circuit Courts and three judges of the British Supreme Court of Judicature or members of the judicial committee of the Privy Council, whose award by a majority of not less than five should be final, and if of a lesser number could be final unless either power protested it as erroneous, in which case it was to have no validity.

It is worthy of at least passing remark that so many centuries of warlike disputes should have passed by before the statesmen of the world were able to discover that it was better to resort to a committee of investigation to uncover the grounds of conflict before rather than after their bloody disputes.2

245. The First Hague Conference. -- The Russian draft with ref

____________________
1
Arbitration and the United States, 511.
2
It is the contention of André Le Ray (Les commissions internationales d'enquête au XXe siècle, 18) that, reviewing history, international commissions of inquiry were not created but only perfected at The Hague in 1899. His supposed precedents are not convincing, as near an approach as any being afforded by the Pacifico case between England and Greece in 1850.

-287-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
International Arbitration, from Athens to Locarno
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 417

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?