AND UTTERANCES OF NATIONAL ORGANS. 161 



36. Decisions by International Organs Authorized by the President. 

 The same binding obligation flows from the decisions of inter- 

 national courts of justice or arbitration acting on cases submitted by 

 the President. As the President can himself interpret the obliga- 

 tions of the United States, or do so through agents in conference 

 with the representatives of other nations, so he can do so through 

 submission to an international court. It is true that under the 

 contitution, such submissions must, if involving national claims 

 or claims against the United States, be by general or special treaty 

 to which the Senate has consented,'^^ but since the function of a 

 court of arbitration is to decide on obligations and not to make 

 agreements, the foreign nation is not obliged to take cognizance of 

 such constitutional provisions. It can hold the arbitrated case 

 res adjudicata even though the President exceeded his powers in 

 submitting it.'^^ 



37. Meeting Responsibilities Distinguished from Making Agree- 



ments. 

 It will be observed that while foreign nations are entitled to 

 accept the President's statements absolutely with respect to meeting 

 international responsibilities, it can only accept them presumptively 

 with respect to making international agreements. It is, therefore, 

 important to distinguish between these two acts. Usually the line 

 is clear enough. In the case of treaties, steps up to and including 

 the exchange of ratifications are making the treaty steps afterward 

 are meeting the responsibility. Thus tlie Senate has a part in 

 the making of treaties as it must give its advice and consent before 

 ratification. The House of Representatives, however, is concerned 



Continental Congress was most useful to the country. ... It had made it 

 clear that a most serious defect was in the absence of an executive, clothed 

 with sufficient power and dignity to properly conduct intercourse with foreign 

 sovereigns. . . . An attempt had been made to supply these wants by the 

 creation of various committees or boards. . . . The experience of the con- 

 federation with its various boards was most unsatisfactory and sometimes 

 pathetic."' Foster, Century of Am. Diplomacy, N. Y., 1901, pp. 103-104. 



^5 Infra, sec. 148. 



"^^ " Recourse to arbitration implies an engagement to submit in good 

 faith to the award." I Hague Conventions, 1907, act. 37. See also infra, 

 sec. 62. 



