in the oral development before the tribunal of the arguments of the parties (article 39). The discussions are under the direction of the president of the tribunal, and are public only if it be so decided by the tribunal with the consent of the parties. Minutes are to be drawn up with regard to the discussion by secretaries appointed by the president, and these official minutes alone are authentic (article 41). During the discussion in Court the agents and counsel of the parties are authorised to present to the tribunal orally all the arguments they may think expedient in support of their case. They are likewise authorised to raise objections and to make incidental motions, but the decisions of the tribunal on these objections and motions are final and cannot form the object of any further discussion (articles 45, 46). Every member of the tribunal may put questions to the agents and counsel of the parties and demand explanations from them on doubtful points, but neither such questions nor other remarks made by members of the tribunal can be regarded as expressions of opinion by the tribunal in general or the respective member in particular (article 47). The tribunal can always require from the agents of the parties all necessary explanations and the production of all acts, and in case of refusal the tribunal takes note of it in the minutes (article 44). When the competence of the tribunal is doubted on one or more points, the tribunal itself is authorised to decide whether it is or is not competent, by means of interpretation of the arbitration treaty or of other treaties which may be invoked in the case, and by means of the application of the principles of International Law (article 48). Arbitral Award. Binding force of Awards. During the discussion in Court-article 42 says, "After the conclusion of the preliminary proceedings "-the tribunal is competent to refuse admittance to all such fresh acts and documents as one party may desire to submit to the tribunal without the consent of the other party (article 42). Consequently, the tribunal must admit such fresh acts and documents when both parties agree to their submission. On the other hand, the tribunal is always competent to take into consideration fresh acts and documents to which its attention is drawn by the agents or counsel of the parties, and in such cases the tribunal can require proof of these acts and production of the documents, but it is at the same time obliged to show the latter to the other party (article 43). As soon as the agents and counsel of the parties have submitted all explanations and evidence in support of their case, the president declares the discussion closed (article 50). § 22. The arbitral award is given after a deliberation which takes place with closed doors. The members of the tribunal vote, and the majority of the votes makes the decision of the tribunal. In case a member refuses to vote, a note of it must be made in the minutes (article 51). The decision, accompanied by a statement of the considerations upon which it is based, is to be drawn up in writing and to be signed by each member of the tribunal; the dissenting members, however, may record their dissent when signing (article 52). The verdict is read out at a public meeting of the tribunal, the agents and counsel of the parties being present or having been duly summoned to attend (article 53). § 23. The award, when duly pronounced and notified to the agents of the parties, decides the dispute finally and without appeal (article 54). The parties may, however, beforehand stipulate in the treaty of arbitration the possibility of an appeal. In such case, and the treaty of arbitration failing to stipulate the contrary, the demand for a rehearing of the case must be addressed to the tribunal which pronounced the award. The demand for a rehearing of the case can only be made on the ground of the discovery of some new fact such as may exercise a decisive influence on the award, and which at the time when the discussion was closed was unknown to the tribunal as well as to the appealing party. Proceedings for a rehearing can only be opened after a decision of the tribunal expressly stating the existence of a new fact of the character described, and declaring the demand admissible on this ground. The treaty of arbitration must stipulate the period of time within which the demand for a rehearing must be made (article 55). The Hague Convention contains no stipulation whatever with regard to the question whether the award is binding under all circumstances and conditions, or whether it is only binding when the tribunal has in every way fulfilled its duty and has been able to find its verdict in perfect independence. But it is obvious that the award has no binding force whatever if the tribunal has been bribed of has not followed the parties' instructions given by the treaty of agreement; if the award was given under the influence of undue coercion; or, lastly, if one of the parties has intentionally and maliciously led the tribunal into an essential material error.1 1 See above, § 16. Award binding upon Parties only. Costs of Arbitration. § 24. The award is binding only upon the parties to the treaty of arbitration. But when there is a question of interpreting a convention to which other States than the States at variance are parties, the conflicting States have to notify to such other States the treaty of arbitration they have concluded. Each of these States has a right to intervene in the case before the tribunal, and, if one or more avail themselves of this right, the interpretation contained in the award is as binding upon them as upon the conflicting parties (article 56). § 25. Each party pays its own expenses and an equal share of those of the tribunal (article 57). CHAPTER II COMPULSIVE SETTLEMENT OF STATE DIFFERENCES I ON COMPULSIVE MEANS OF SETTLEMENT OF STATE Lawrence, § 156-Phillimore, III. § 7-Pradier-Fodéré, VI. No. 2632- tion and sive Settle § 26. Compulsive means of settlement of differ- Concepences are measures containing a certain amount of kinds of compulsion taken by a State for the purpose of Compulmaking another State consent to such settlement of Means of a difference as is required by the former. There are ment. four different kinds of such means in use—namely, retorsion, reprisals (including embargo), pacific blockade, and intervention. But it must be mentioned that, whereas every amicable means of settling differences might find application in every kind of difference, not every compulsive means is applicable in every difference. For the application of retorsion is confined to political, and that of reprisals to legal differences. sive tinction § 27. War is very often enumerated among the Compulcompulsive means of settling international differ- Means in ences. This is in a sense correct, for a State might contradis make war for no other purpose than that of to War. compelling another State to settle a difference in the way required before war was declared. Nevertheless, the characteristics of compulsive means of |