82 POPULAR SCIENCE MONTHLY. 



up stating the object of the litigation and the powers of the arbi- 

 trators. This agreement implies the engagement of the parties to 

 submit in good faith to the sentence. 



Arbitral Procedure. — For the purpose of promoting the de- 

 velopment of arbitration certain simple rules are formulated. The 

 powers will appoint special agents, who shall be intermediaries be- 

 tween them and the tribunal; they will also appoint counsel. The 

 proceedings consist first of instruction — communications by the 

 agents and counsel to the tribunal and the opposing party, of the 

 pleadings, etc. ; and, secondly, of argument — the oral development 

 of the pleadings. The argument being closed, the bench shall de- 

 liberate in secret, and a decision is to be reached by a majority vote. 

 The decision shall be written, and is to contain the reasons of law 

 and fact upon which it is based. In case of disagreement, the dis- 

 senting opinion shall also be written and contain the reasons there- 

 for; the signature of each member is to be added to his opinion. 

 Subsequently the decision is to be read in open session, in the 

 presence of the agents and counsel of the parties. 



To sum up: it contains all the essentials; it is immediately 

 available, provided with a permanent office, with officials, with a 

 code of procedure, with directions for the commencement of pro- 

 ceedings, the presentation of cases, the taking of evidence by an 

 International Commission of Inquiry, the oral explanation and ar- 

 gument of the printed case, the pronouncement of sentence in open 

 court, the recording of such decision, the subsequent rectification 

 of an error therein on the discovery of new and important facts 

 of a decisive character, and the preservation of the records.* 



Basis for Future Evolution. — "With these essentials there is a 

 basis for a future evolution until the court shall have become a.s 

 perfect in its organization and details as the High Courts of Jus- 

 tice in England or the Supreme Court of the United States. 



It may not be amiss here to suggest the influence which the 

 permanent tribunal is calculated to exercise in the future develop- 

 ment of international law. The provision for a permanent bureau 

 or record office, in which the archives shall be kept, is sure to 

 prove a valuable condition for future growth, for the deposit in 

 such bureau of all arbitral decisions will mark the true beginning 

 of what we may call " International Law Eeports." To this bu- 

 reau the powers undertake to send certified copies of all special 



manent Court is open to them, and the giving of this reminder is declared to be a duty in 

 the superior interests of peace, and is to be regarded only as an exercise of " good offices." 

 To this section the United States agreed on condition that its consent should not be regarded 

 as a departure from the well-known principles underlying the foreign policy of the Republic. 

 * Pee Articles XV to LV1I of the Convention. 



