TOWER— THE JUDICIAL ASPECT— ARBITRATION. 303 



fere with the participants and their respective seconds in a duel, 

 expecting not to be considered impertinent or not to give offence. 



But the Conference agreed, and this marks the enlargement of 

 human thought, that Powers wdiich are strangers to the dispute may 

 take the initiative, that they shall have the right to offer their good 

 ofihces or mediation, even during the course of hostilities ; and that the 

 exercise of this right can never be regarded by either of the parties 

 in dispute as an unfriendly act. 



The part of the mediator consists in reconciling the opposing 

 claims and appeasing the feelings of resentment which may have 

 arisen between the states at variance. 



The judicial element of international law has thus become, in a 

 sense, the paramount influence in the establishment and adjustment 

 of international relations. It is this which will direct the course of 

 such relations in the future; and upon it will be largely built up the 

 international law of the future. The Conferences at the Hague have 

 erected a new and substantial fabric ; so that we have now, provided 

 by its court of arbitration, a tribunal of recognized competence and 

 fixed rules of procedure, open to all ; whilst the contracting Powers 

 formally agreed, at its inception, that the award of the court of arbi- 

 tration, duly pronounced, " puts an end to the dispute definitely and 

 without appeal." 



Our own government entered during Mr. Roosevelt's adminis- 

 tration, whilst Mr. Root was Secretary of State, into separate con- 

 ventions with several of the great European Powers, Great Britain, 

 for instance, France, Spain, Russia, and with the republics of South 

 America, which provide, under regulations agreed to at the Hague, 

 that 



" Differences which may arise of a legal nature, or relating to the inter- 

 pretation of treaties existing between the two contracting parties, and which 

 it may not have been possible to settle by diplomacy, shall be referred to 

 the permanent court of arbitration, provided that they do not affect the vital 

 interests, the independence, or the honor of the two contracting states, and 

 do not concern the interests of third parties. 



" In each individual case, however, before appealing to the permanent 

 court, the contracting parties shall conclude a special agreement defining the 

 matter in dispute, the scope of the powers of the arbitrators and the periods 

 to be fixed for the formation of the arbitral tribunal and the several stages 

 of the procedure. Each of these special agreements must be made, however, 



