INTERNATIONAL LAW AND PEACE CONFERENCE. 81 



the time has come when the system of special temporary courts of 

 arbitration, splendid as their work has been, must give way to a 

 more adequate system — they were indeed but stepping stones to 

 a more permanent organization. Under the old system each power 

 was likely to wait for the other to take the initiative; then came 

 a squabble as to just how much and what part of the difficulty should 

 be submitted to arbitration, then a squabble about judges, then a 

 squabble about procedure, place of trial, and so on — all was unpre- 

 paredness, uncertainty, and meantime angry passions had full play. 



In the preparation for war the modern state lays no end of 

 force on the necessity for a rapid and systematic mobilization. The 

 weak point, however, in preparing for a judicial contest hitherto 

 has been the absence of any system by which to " mobilize judges 

 and counsel " and get the legal forces out into the field. To attain 

 this end the scheme presented by Lord Pauncefote and unanimously 

 adopted by the conference will be found to be a most striking ex- 

 ample of the happy adaptation of a means to an end where the way 

 seemed blocked by infinite difficulties. It consists of a few simple 

 provisions for the establishment of an International Bureau of Ar- 

 bitration with an Administrative Council, and this, with the addi- 

 tion of various other features drawn from the United States, Russia, 

 France, and Italy, with some others, constitutes the composite plan 

 embodied in the Final Act. In brief outline it is as follows : 



Permanent Court of Arbitration. — The diplomatic represent- 

 atives of the signatory powers accredited to The Hague, including 

 the Netherlands Minister of Foreign Affairs as president,* are to 

 constitute an administrative council. This council shall organize 

 and establish an International Bureau of Arbitration, of which it 

 shall retain the direction and control, pursuant to the provisions 

 of the conference. This bureau shall serve as the office of the 

 court, and contain the archives, and the routine business shall 

 be conducted therein. The signatory powers will each appoint 

 four persons, who shall be men of recognized ability in interna- 

 tional law and of high character, and the whole number of persons 

 so appointed shall form a list or panel of members of the court, or 

 the international bench. In case of a difficulty arising between 

 two or more powers which they desire to submit to arbitration, 

 they agree to notify the bureau, and the bureau will ask them to 

 choose a certain number of judges from the panel, and these shall 

 constitute the special bench. f An agreement is then to be drawn 



* The amendment to Lord Pauncefote's plan, by which the Dutch Foreign Minister was 

 made the president, is due to Mr. White, President of the American Commission. 



f In case states, between whom a dispute may arise, do not cf their own accord have 

 recourse to the tribunal, Section 21 permits the powers to remind such states that the Per- 



VOL. LVII. — 6 



