페이지 이미지
PDF
ePub
[merged small][ocr errors][ocr errors][merged small][merged small]

COMPRISING THE AWARDS, ACCOMPANIED BY SYLLABI,
THE AGREEMENTS FOR ARBITRATION, AND OTHER
DOCUMENTS IN EACH CASE SUBMITTED TO THE PER-
MANENT COURT OF ARBITRATION AND TO COMMISSIONS
OF INQUIRY UNDER THE PROVISIONS OF THE CONVEN-
TIONS OF 1899 AND 1907 FOR THE PACIFIC SETTLEMENT

OF INTERNATIONAL DISPUTES

[merged small][ocr errors]

NEW YORK
OXFORD UNIVERSITY PRESS
AMERICAN BRANCH: 35 WEST 32ND STREET
London, Toronto, Melbourne and Bombay
HUMPHREY MILFORD

1916

[merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]

PREFACE This publication, as indicated on the title-page, comprises "awards, accompanied by syllabi, the agreements for arbitration, and other documents in each case submitted to the Permanent Court of Arbitration and to Commissions of Inquiry under the provisions of the Conventions of 1899 and 1907 for the pacific settlement of international disputes.” It was the purpose in preparing and publishing this volume to meet the numerous requests received by the Division of International Law of the Endowment for accurate information respecting the various cases which have come before tribunals of the Permanent Court or before commissions of inquiry under the provisions of the abovenamed Conventions.

In pursuance of this purpose, a syllabus was prepared on each case giving in as brief form as possible the essential facts and holdings of the tribunal or commission of inquiry. The awards or findings, together with the agreements for arbitration or inquiry and other essential documents, have been obtained in translated form from the most reliable sources available, appropriate references to which appear in footnotes to the respective documents. Where translations have been obtained from official sources, they have been reproduced in their official form, except that a few obvious misprints and an occasional mistranslation have been corrected. Where translations have been obtained from unofficial sources, they have been edited to such a degree as seemed necessary, but they are essentially reproductions of the original translations. In some cases, however, where there were no official or other sources from which to obtain them, the translations were made by the Endowment. It will be observed that in some instances translations of quotations are not verbally identical with the translations of the original passages quoted. This is due to the fact that different persons made the translations. Since the sense is unaffected by these variations, it was not deemed advisable to harmonize the wording in such cases.

There are also maps and charts accompanying certain of the cases, namely: Grisbadarna Case, North Atlantic Coast Fisheries Case, Island of Timor Case, and Tavignano, Camouna and Gaulois Cases. These maps and charts are reproductions of the originals accompanying the official reports of the different cases, and therefore necessarily have

the legend and the names of the countries, places, rivers, etc., in the language used on the original maps or charts.

In view of the fact that the accuracy of the translations might be questioned, especially with respect to the more important documents, an Appendix has been added which contains the original official texts of the translated documents. While this adds very materially to the size of the volume, yet the Director felt that this disadvantage was more than counterbalanced by the usefulness of such a collection of original texts.

The original texts and translations of the Hague Conventions of 1899 and 1907 for the pacific settlement of international disputes have been printed as an annex to the Introduction, in order that the reader may be informed of the method of procedure under which the various arbitral tribunals and commissions of inquiry were instituted and regulated.

While considerable difficulty has been met with in securing certain original texts and authoritative translations, it is believed that the volume as now issued will be found of much service, not only to the casual reader, but to any one desiring to study the various cases from documents of unquestioned accuracy and authority, and that nothing has been omitted which is essential to that purpose.

James Brown Scott, Director of the Division of International Law.

WASHINGTON, D. C.,

February 28, 1916.

CONTENTS

[ocr errors]
[ocr errors]

PAGE

PREFACE ...

INTRODUCTION .........

ix

The Hague Conventions of 1899 and 1907 for the pacific settlement of

international disputes

xxxii

LIST OF AUTHORITIES ..

...... cix

ARBITRATIONS BEFORE THE HAGUE TRIBUNALS

The Pious Fund Case (Mexico vs. United States)

Syllabus .....

Award of the Tribunal, October 14, 1902.....

Agreement for Arbitration, May 22, 1902..

Additional Documents

Claims Convention of July 4, 1868.....

Opinion of Mr. Wadsworth, in the original Pious Fund Case before

the United States and Mexican Claims Commission of 1868....

Opinion of Mr. Zamacona, in the original Pious Fund Case before

the United States and Mexican Claims Commission of 1868....

Award of Sir Edward Thornton, umpire in the original Pious Fund

Case before the United States and Mexican Claims Commission

of 1868, November 11, 1875...........

Decision of Sir Edward Thornton, Amending the Award in the

original Pious Fund Case before the United States and Mexican

Claims Commission of 1868.......

The Venezuelan Preferential Case (Germany, Great Britain and Italy vs.

Venezuela et al.)

Syllabus.......

Award of the Tribunal, February 22, 1904...

Agreement for Arbitration, May 7, 1903.........

Additional Documents

Claims Protocol of February 13, 1903, between Germany and

Venezuela....

Claims Protocol of February 13, 1903, between Great Britain and

Venezuela.....

Claims Protocol of February 13, 1903, between Italy and Venezuela

Claims Protocol of February 17, 1903, between the United States

and Venezuela.........

The Japanese House Tax Case (France, Germany and Great Britain vs.

Japan)

Syllabus..........

Award of the Tribunal, May 22, 1905....

Agreement for Arbitration, August 28, 1902.....

Additional Documents

Extract from Treaty of Commerce and Navigation of July 16, 1894,

between Great Britain and Japan..

Extract from Treaty of Commerce and Navigation of April 4, 1896,

between Germany and Japan.......

Extract from Treaty of Commerce and Navigation of August 4,

1896, between France and Japan.......

The Muscat Dhows Case (France vs. Great Britain)

Syllabus ...............................................

Award of the Tribunal, August 8, 1905......

Agreement for Arbitration, October 13, 1904............

...

...........

« 이전계속 »