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sores. And I submit to you that as the principle of peaceful arbitration gains ground, it becomes one of the highest tasks of a statesman to adjust those armaments to the newer and happier condition of things. What nobler rôle could this great country assume than at the fitting moment to place itself at the head of a league of peace, through whose instrumentality this great work would be effected?"-(Times, December 22, 1905.)

In March-April 1906 the Emperor of Russia issued an official invitation to hold the second Conference in July 1906. Representations from the United States and elsewhere led to the postponement of the Conference till 1907. The chief passages

of the letter of invitation were as follows:

"In taking the initiative in convoking a second Peace Conference, the Imperial Government has had in view the necessity of giving a fresh development to the humanitarian principles which served as a basis for the work of the great international meeting of 1899.

"It believed at the same time that it would be opportune to increase, as far as possible, the number of States participating in the work of the projected Conference; and the enthusiasm with which this appeal has been met testifies to the depth and universality of the sentiment of solidarity which makes for the application of ideas having as their object the good of humanity as a whole.

"The first Conference separated with the conviction that its work should be completed subsequently through the regular progress of enlightenment among peoples and in accordance with the dictates of experience. Its most important creation, the International Court of Arbitration, is an institution which has already been put to the test, and has brought together in an Areopagus for the benefit of humanity, jurists who enjoy universal respect. It is also evident how beneficent International Commissions of Inquiry have been in the solution of difficulties between States.

"None the less, there is still a need of improvement in the Convention concerning the Pacific Regulation of International Disputes. As a result of recent arbitrations, the jurists sitting as an International Court have raised certain questions of detail which must be decided so as to give the said Convention its necessary development. It has seemed especially desirable that fixed principles should be laid down regarding the languages1 to be used in the procedure of the Court, in view of the difficulties which might arise in the future, as the number of applications to the Court of Arbitration increased. There is also need of certain improvements in the working of the International Commissions of Inquiry.

"Touching the regulation of the Laws and Practices of Land Warfare, the arrangements made by the first Conference need no less to be completed and defined in such a way as to prevent any misunderstanding.

"As regards Naval Warfare, of which the laws and usages differ in certain points in different countries, it is necessary to establish fixed regulations in harmony with the requirements of the rights of belligerents and the interests of neutrals.

"An agreement touching these matters should be drawn up, and would form one of the most notable parts of the work of the coming Conference.

"The Imperial Government, believing that it is necessary only to examine questions which press with particular urgency inasmuch as they arise from the experience of recent years, and without touching on those which belong to the limitation of Military and Naval Forces, proposes therefore as programme for the Conference the following principal points:

"1. Improvements to be made in the regulations of the Convention touching the pacific settlement of international disputes regarding both the Court of Arbitration and the International Commissions of Inquiry.

"2. Additions to be made in the regulations of the Convention of 1899 touching the Laws and Practices of Land Warfare, among others the opening of hostilities, the rights of neutrals on land, etc. Declarations of 1899, one among them being renewable-the question of its renewal.

"3. Elaboration of a Convention touching the Laws and Practices of Naval Warfare concerning

1 See pp. 21, 27-28.

"The special operations of naval warfare, such as the bombardment of ports, towns, and villages by a naval force, the laying of mines, etc.

"The transformation of commercial vessels into warships.

“The private property of belligerents at sea.

"The delay to be accorded to commercial vessels in leaving neutral ports or those of the enemy after the outbreak of hostilities.

"The rights and duties of neutrals at sea, among other questions that of contraband, the treatment to which the ships of belligerents should be subjected in neutral ports, destruction by force majeure of neutral ships of commerce as prizes.

"In the said Convention should be introduced arrangements relative to land warfare, which should be equally applicable to naval warfare.

"Additions to be made in the Convention of 1899 for the adaptation to naval warfare of the principles of the Geneva Convention of 1864.

"As at the Conference of 1899, it should be understood that the deliberations of the proposed Conference shall deal neither with the political relations among States, nor with the order of things established by treaties, nor with any general interests which were not directly included in the programme adopted by the Cabinets.

"The Imperial Government desires to emphasise that the issue of this programme, and its eventual acceptance by the various States, must not be held to prejudice any opinion which might be formulated in the Conference regarding the solutions to be given to the questions submitted for discussion. Equally, it should belong to the projected Conference to determine the order of questions for discussion and the form to be given to its decisions, according as it may be considered preferable to include certain of them in new conventions, or to add them as supplements to existing conventions.

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"In formulating the above programme the Imperial Government has taken into account, as far as possible, the desires expressed by the first Peace Conference, notably in regard to the rights and duties of neutrals, private property of belligerents at sea, the bombardment of ports, towns, etc. expresses the hope that the Government will see in the points proposed, taken as a whole, an expression of the desire to approach that lofty ideal of International Justice which is the constant goal of the entire civilised world.”1

The chief cause of adjournment of the Conference was the meeting of the Pan-American Congress at Rio-de-Janeiro fixed already for the month of July,-a Congress with which most of the North and South-American experts available for The Hague Conference would be occupied. It was decided at this Congress to add to the questions for discussion at The Hague Conference that of the enforcing by arms of commercial and financial obligations."

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1 The following is, according to the Vienna Neue Freie Presse, the text of the circular des patch addressed on April 3rd, 1907, by M. Isvolsky, Russian Minister of Foreign Affairs, to the Russian representatives abroad :—

"Before the summoning of the second Peace Conference, the Imperial Government considers it its duty to lay the present situation before the Powers who have accepted its invitation. All the Powers to whom the Imperial Government, in April 1906, communicated its outline of the programme for the labours of the new Conference have assented to it. The following observations, however, have been made with reference to this programme :"The Government of the United States has reserved the right to submit to the second Conference two supplementary questions, one relating to the reduction or limitation of armies, and the other relating to the securing of an obligation to observe certain limitations in the employment of force for the collection of ordinary public debts arising out of treaties. 'The Spanish Government has expressed the wish to discuss the question of the limitation of armaments, and has reserved to itself the right to treat this question at the next Hague meeting.

"The British Government has communicated the fact that it attaches great importance to the discussion at the Conference of the question of expenditure upon armaments, and it has reserved the right to raise this question. It has also reserved the right to abstain from participating in the discussion of any articles in the Russian programme which, in its opinion, would not lead to useful results.

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"Japan is of the opinion that certain questions, not specially enumerated in the prograinme, might advantageously be taken up among the matters which are to be examined, and has reserved the right to abstain or to withdraw from any discussion which may take a direction or show a tendency which, in its judgment, would not conduce to a useful result.

"The Governments of Bolivia, Denmark, Greece, and the Netherlands have likewise in general reserved the right to submit to the judgment of the Conference other matters which exhibit an analogy with those expressly adduced in the Russian programme.

"The Imperial Government deems it its duty to declare that Russia, on its part, adheres to the programme of April 1906 as the basis for the deliberations of the Conference, and in turn reserves the right to abstain from any discussion which does not appear to it to tend to a practical result.

"Observations analogous to these last have been made by the Governments of Germany and Austria-Hungary, which likewise have reserved the right to abstain from the discussion of any question which does not appear to them to tend to practical results.

"The Imperial Government, while bringing these reservations to the knowledge of the Powers, and expressing the hope that the labours of the second Peace Conference will result in fresh securities for a good understanding among the nations of the civilised world, has at the same time addressed a request to the Government of the Netherland, to summon the Conference for the early part of June."-(Translation given in Herald of Peace, May 1907.)

2 See Chap. XIX.

3 Whether Mr. Alfred Stead's proposed International Pilgrimage of Peace will have any direct effect in obtaining recognition of the articles of faith he suggests it should advocate (Review of Reviews, April, p. 374) or not, such work sets the general public thinking on a subject it can no longer afford to neglect.

subjects for discussion, as it was at the Conference of 1899,1 either by the Russian Government or by President Roosevelt. The British Government, on the contrary, has steadfastly maintained the necessity of keeping this subject in the front. A serious controversy on the advisability of including it in the programme in fact threatened to disturb the harmony of the Governments at the outset, and caused the British Prime Minister to publish a remarkable statement on the subject in the Nation of March 2, 1907, protesting vigorously against the suggestion that the discussion of the subject "would be fraught with danger." 2

1 See p. 123.

2 The text of Sir H. CAMPBELL-BANNERMAN'S statement is as follows:"The disposition shown by certain Powers, of whom Great Britain is one, to raise the question of the limitation of armaments at the approaching Hague Conference, has evoked some objections both at home and abroad, on the ground that such action would be ill-timed, inconvenient, and mischievous. I wish to indicate, as briefly as may be, my reasons for holding these objections to be baseless.

"It should be borne in mind that the original Conference at The Hague was convened for the purpose of raising this very question, and in the hope that the Powers might arrive at an understanding calculated to afford some measure of relief from an excessive and everincreasing burden. The hope was not fulfilled, nor was it to be expected that agreement on so delicate and complex a matter would be reached at the first attempt; but, on the other hand, I have never heard it suggested that the discussion left behind it any injurious consequences. I submit that it is the business of those who are opposed to the renewal of the attempt, to show that some special and essential change of circumstances has arisen, such as to tender unnecessary, inopportune, or positively mischievous, a course adopted with general approbation in 1898.

"Nothing of the kind has, so far as I know, been attempted, and I doubt if it could be undertaken with any hope of success. It was desirable in 1893 to lighten the burden of armaments; but that consummation is not less desirable to-day, when the weight of the burden has been enormously increased. In 1898 it was already perceived that the endless multiplication of the engines of war was futile and self-defeating; and the years that have passed have only served to strengthen and intensify that impression. In regard to the struggle for sea power, it was suspected that no limits could be set to the competition, save by a process of economic exhaustion, since the natural checks imposed on military power by frontiers, and considerations of population, have no counterpart upon the seas; and again, we find that the suspicion has grown to something like a certainty to-day.

"On the other hand, I am aware of no special circumstances which would make the submission of this question to the Conference a matter of international misgiving. It would surprise me to hear it alleged that the interests of the Powers in any respect impose on them a divergence of standpoint so absolute and irreconcilable that the mere discussion of the limitation of armaments would be fraught with danger. Here, again, it seems to me that we do well to fortify ourselves from recent experience. Since the first Hague Conference was held, the points of disagreement between the Powers have become not more, but less acute; they are confined to a far smaller field; the sentiment in favour of peace, so far as can be judged, has become incomparably stronger and more constant; and the idea of arbitration and the peaceful adjustment of international disputes has attained a practical potency, and a moral authority undreamt of in 1998. These are considerations as to which the least that can be said is that they should be allowed their due weight; and in face of them, I suggest that only upon one hypothesis can the submission of this grave matter to the Conference be set down as inadmissible: namely, that guarantees of peace, be they what they may, are to be treated as having no practical bearing on the scale and intensity of warlike preparations.

"That would be a lame and impotent conclusion, calculated to undermine the moral position of the Conference, and to stultify its proceedings in the eye of the world. It would amount to a declaration that the common interest of peace, proclaimed for the first time by the community of nations assembled at The Hague, and carried forward since then by successive stages with a rapidity beyond the dreams of the most sanguine, has been confided to the guardianship of the Admiralties and War Offices of the Powers.

"Let me in conclusion say a word as to the part of Great Britain. We have already given earnest of our sincerity by the considerable reductions that have been effected in our naval and military expenditure, as well as by the undertaking that we are prepared to go further, if we find a similar disposition in other quarters. Our delegates, therefore, will not go into the Conference empty-handed. It has, however, been suggested that our example will count for nothing, because our preponderant naval position will still remain unimpaired. I do not believe it. The sea power of this country implies no challenge to any single State or group of States. I am persuaded that throughout the world that power is recognised as non-aggressive, and innocent of designs against the independence, the commercial freedom, and the legitimate development of other States, and that it is, therefore, a mistake to imagine that the naval Powers will be disposed to regard our position on the sea as a bar to any proposal for the arrest of armaments, or to the calling of a temporary truce. The truth appears to me to lie in the opposite direction. Our known adhesion to those two dominant principles-the independence of nationalities and the freedom of trade-entitles us of itself to claim that if our fleets be invulnerable, they carry with them no menace across the waters of the world, but a message of the most cordial goodwill, based on a belief in the community of interests between the nations."

(The Prime Minister's suggestions are marked in italics.)

I

EXTENSION OF THE SCOPE OF ARBITRATION TREATIES AND OF THE JURISDICTION OF THE HAGUE COURT

THE "International Convention for the Pacific Settlement of International Disputes," signed at The Hague on July 29, 1899, provided only for voluntary or optional arbitration. All idea of compulsion, in fact, was specifically excluded throughout the Convention. Thus the signatory Powers undertook, in case of grave disagreement or conflict, before appealing to arms, only "as far as circumstances allow," to have recourse to the good offices or mediation of one or more friendly Powers; and, only "as far as circumstances allow," were the Powers to tender their good offices. Provision was made, "as far as circumstances allow," and where involving "neither national honour nor vital interests," for international commissions of inquiry which were even to have no binding character for the parties, etc.

Under the subsequent Anglo-French Treaty, the contracting States obliged themselves to submit to The Hague Court "differences of a judicial order, or relative to the interpretation of existing treaties," on condition that "neither the vital interests nor the independence or honour of the two contracting States, nor the interests of any State other than the two contracting States, are involved." This formula has been followed in the treaties with other States entered into by Great Britain and France. It is obvious that the enforcing of such a treaty depends entirely upon the consent of both parties, and that either party by raising the contention that the matter at issue is vital or involves national honour, can set it aside. By referring such cases to The Hague Court, however, all the effect intended by those who met at the Conference of 1899 has since been given to its programme.

Though States seem no longer reluctant to resort to The Hague Court, and public opinion has come to view it with in

creasing favour, and several important cases have already been submitted to it, no progress has been made towards compulsory arbitration as a pacific means of settling questions of vital interest as between any Great Powers.

The new Hague Conference, in dealing with the question of extending the scope of arbitration will have to bear in mind that a Treaty of Arbitration, to completely fulfil its purpose of avoiding any break in the amicable relations between States, must be, at the same time, general, obligatory, and automatic.

It must be general, because its purpose may be defeated if, when the crisis comes, one or the other party can dispute the applicability of the treaty to the matter at issue.

It must be obligatory, because if it is not, a treaty of submission must be negotiated at the worst possible moment for negotiations, namely, at a moment when the state of national feeling may threaten to suspend negotiations altogether.

For the same reason it must be automatic.

In short, the operation of the treaty, if it is to serve the cause of peace in times of great emergency, must be instantaneous. The jurisdiction which has failed must ipso facto be succeeded by the new jurisdiction, with its new men and its new methods.

Different systems have been adopted by several secondary States for the reference of all difficulties without distinction to arbitration. The one, as in the Chili-Argentine Treaty of May 28, 1902, refers them to a specified independent Government

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