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occasions, and that some agency of the society of nations be constituted to act for it during the intervals between such conferences; and
Whereas the principles of law and equity can best be ascertained and applied to the disputes between and among the nations by a court of justice accessible to all the independent powers forming the society of civilized nations;
Therefore the American Institute of International Law, at its second session, held in the City of Havana, in the Republic of Cuba, on the 23d day of January, 1917, adopts the following recommendations, to be known as its Recommendations of Havana.
1. The call of a Third Hague Conference to which every country belonging to the society of nations shall be invited and in whose proceedings every such country shall participate.
2. A stated meeting of the Hague Peace Conference which, thus meeting at regular, stated periods, will become a recommending if not a law-making body.
3. An agreement of the States forming the society of nations concerning the call and procedure of the Conference, by which that institution shall become not only internationalized, but in which no nation shall take a preponderating part.
4. The appointment of a committee, to meet at regular intervals between the Conferences, charged with the duty of procuring the ratification of the Conventions and Declarations and of calling attention to the Conventions and Declarations in order to insure their observance.
5. An understanding upon certain fundamental principles of international law, as set forth in the Declaration of the Rights and Duties of Nations adopted by the American Institute of International Law at its first annual meeting held in Washington, on January 6, 1916.
6. The creation of a permanent international council of conciliation to consider, to discuss, and to report upon such questions of a nonjusticiable character as may be submitted to such council by an agreement of the powers for this purpose.
7. The employment of good offices, mediation and friendly composition for the settlement of disputes of a non-justiciable nature.
8. The principle of arbitration in the settlement of disputes of non-justiciable nature; also o disputes of a justiciable nature which have, through delay or mismanagement, assumed such political importance that the nations prefer to submit them to arbiters of their own choice rather than to judges of a permanent judicial tribunal.
9. The negotiation of a convention creating a judicial union of the nations along the lines of the Universal Postal Union of 1908, to which all civilized nations and self-governing dominions are parties, pledging the good faith of the contracting parties to submit their justiciable disputes — that is to say, their differences involving law or equity – to a permanent court of this union, whose decisions will bind not only the litigating nations, but also all parties to its creation.
10. The creation of an enlightened public opinion in behalf of peaceable settlement in general, and in particular in behalf of the foregoing nine propositions, in order that, if agreed to, they may be put into practice and become effective, in response to the appeal to that greatest of sanctions, "a decent respect to the opinion of mankind."
PROJECTS AND PROPOSALS
The Institute, further resolved to refer to the consideration of the National Societies of International Law affiliated thereto the following projects and proposals submitted by the Secretary General, Señor Alejandro Alvarez (except the project concerning the Bases relating to the organization of a Court of Arbitral Justice, which was submitted by Mr. James Brown Scott):
A. PROJECT RELATING TO THE FUNDAMENTAL BASES OF INTERNATIONAL LAW:
The Institute, desirous of arriving at a uniformity of views on the elaboration of the final project, requests the National Societies affiliated thereto to consider, among others, the following questions:
1. Future field of action of international law;
4. Development of legal rules, or their application to cases not specially provided for;
5. Sanctions of legal rules;
6. The rights of persons or of associations, which it may be advisable to recognize internationally,
B. PROJECT RELATING TO THE FUNDAMENTAL RIGHTS OF THE AMERICAN CONTINENT OR AMERICAN WORLD:
As regards this project the Institute calls the attention of the National Societies to the following questions:
Should the American Republics affirm, as a basis of international organization in their relations with the States of other Continents, that the integrity and the sovereignty of the countries which constitute the American Continent or American World should be maintained; and, if so, should they declare themselves jointly and separately responsible for the maintenance of these principles?
C. PROJECT FOR THE REGULATION OF NEUTRALITY IN NAVAL WAR:
On this matter the Institute earnestly recommends to the affiliated Societies the special consideration of the following questions:
1. Should the rights of neutrals always take precedence of those of belligerents — that is to say, should belligerents, in the conduct of warlike operations, always respect the rights of neutrals — and, if so, what are the most appropriate methods of enforcing these rights? 2. In connection with the same subject:
(a) Would it be advisable to establish a league of neutrals?
neutrals between themselves or with belligerents? (9) Would it be advisable, in case of war, to exclude all belligerent
war vessels from the territorial waters of the neutral countries?
D. BASES RELATING TO THE ORGANIZATION OF A COURT OF ARBITRAL JUSTICE:
On this matter the Institute calls the attention of the National Societies to the following questions:
1. Should an International Court of Justice be created, whose duty it would be to settle the differences of a legal nature which may arise between nations; and, if so, would it be advisable that such a court were a continental or a world court?
2. Would it be advisable to establish the said court, whether a world or a continental court, taking as a basis the organization of the Supreme Court of the United States and the projects submitted to the Second International Peace Conference of the Hague?
E. UNION OR LEAGUE OF NATIONS FOR THE MAINTENANCE OF PEACE:
On this matter of capital importance at the present moment the Institute consults the National Societies upon the following questions:
1. Would it be advisable to create a “Union or League of States” intended to prevent conflicts of a political character or obtain their pacific settlement, or to promote closer relations among the States which shall constitute it?
2. Would it be advisable that such organization, league, or union should be international or continental?
3. Would it be advisable, in case of the creation of such a union or league, that it should be limited to attaining an agreement between the parties, or should its powers extend to dictate a settlement?
4. In case of dictating a settlement, should the league seek to enforce it only by its moral authority; or should it impose it by force, and what should be the procedure in such a case?
5. Possibility and convenience of universal disarmament, or at least of the limitation of naval and land armaments.
F. RIGHTS AND DUTIES OF NATIONS WHICH ARE DERIVED FROM THE FUNDAMENTAL RIGHTS:
The Institute at its first meeting adopted a “Declaration of the Rights and Duties of Nations," and considers that the moment has arrived for determining what are the consequences and corollaries of the said fundamental rights. In regard to this very important matter, the Institute calls the attention of the affiliated Societies to the question whether it would be advisable to state and, in such case, to explain what would be the limits of the following rights:
1. Right of necessity.
4. Diplomatic claims, and specially claims referring to the protection of citizens abroad.
5. What should be the duties of States?
6. How shall be affirmed and consecrated henceforward the notion of the solidarity among the States and that of the general interests which bind them together?
The Institute unanimously adopted the following resolutions:
A vote of sympathy to the Central American Court of Justice, the first Permanent Court of Arbitral Justice in the world, created by the convention concluded on December 20, 1907, among the Republics of Costa Rica, Guatemala, Salvador, Honduras, and Nicaragua, recommending its maintenance and prestige, which are guarantees of peace among the Central American Republics.
A vote of appreciation was also accorded to Dr. Luís Anderson and Dr. Antonio Batres Jáuregui, two distinguished charter members of the Institute, who subscribed as Plenipotentiaries of their respective countries, the convention creating the said court.
That the present war, which already involves a great portion of the European continent and in which all peoples, including the neutral nations, are so deeply concerned, may end in the near future, and that the peace soon to be concluded may be permanent, based upon the principles of equity and law, upon which rest the safety of States and the welfare of their peoples.
In closing its sessions the Institute expresses its profound gratitude to the President of the Republic, the government, the people of Cuba, and the Cuban press, for the exquisite hospitality with which they welcomed the members thereof, as well as to all those who have shown it courtesies, and to the delegates of the National Societies who attended the meeting. The Institute also expresses its gratitude to the Senate, House of Representatives, Mayor, and Board of Aldermen of Havana for the courteous welcome which they were kind enough to extend to its members. Finally, the Institute expresses its appreciation of and extends its congratulations to the Cuban National Society, as well as to the students of the University, who so largely contributed to the success of the meeting.
The Institute sends cordial greetings to its absent members and a vote of thanks to the many distinguished persons who have aided the