International Arbitration, from Athens to Locarno

By Jackson H. Ralston | Go to book overview
CONTENTS
PART I. GENERAL PRINCIPLES OF JUDICIAL SETTLEMENT BETWEEN NATIONS
CHAPTERPAGE
I. THE LAW OF INTERNATIONAL TRIBUNALS (§§ 1-14)3
Natural law as applied to international situations , 3; Method of trial and error as applied to law, 5; Recognition of existence of natural law, 6; Kinds of law , 7; Fictions in international law , 8; Division of law into written and unwritten , 9; Laws of war , 10; Substantive and adjective law , 11; Codification of international law , 11; National law as source of international law , 14; Meaning of the terms "justice" and "equity", 15; Exercise of equitable powers by commissions, 18; Power of arbitrator when compromis is silent , 19; The law of the case , 20
II. ARBITRAL TRIBUNALS AND COURTS (§§ 15-19)21
Institution of courts , 21; Form and purpose of courts , 21; Amiable compositeur, 23; Arbitration or mediation , 24; Arbitral tribunals contrasted with courts, 25
III. DISPUTES CAPABLE OF REFERENCE TO INTERNATIONAL TRIBUNALS (§§ 20-29)31
Independence as non-arbitrable , 31; Reservation of honor and vital interests, 32; Vital interests , 33; Treaty limitations upon "honor" and "independence", 34; Difference between juridical and political questions, 35; Political and judicial questions further discussed , 39; The contentions of Admiral Mahan , 41; Ideas of Woolf , 42; Domestic questions, 44; Obligatory arbitration: its development , 44
IV. INITIATION OF ARBITRAL OR JUDICIAL PROCEEDINGS (§§ 30-37)48
Exchange of notes , 48; The compromis , 49; Clause compromissoire, 49; Essentials of a compromis , 51; Violations of Clauses compromissoires, 53; Heads of governments as arbitrators , 53; Other special references, 55; Reference to mixed tribunals , 56
V. SOME JURISDICTIONAL QUESTIONS (§§ 38-45)58
General considerations , 58; Jurisdiction over the person , 58; Jurisdiction over the subject-matter, 59; Jurisdiction to grant particular relief, 61; Calvo Doctrine , 62; Decisions of prize courts , 64; Review of the action of local tribunals in other cases, 65; Necessity of appeal to local courts, 65
VI. PARTIES (§§ 46-49)67
Nation or individual as party , 67; Control of nation over grievance of national, 67; Right of national before an international tribunal, 68; Intervention of other interested parties , 69

-xi-

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