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1903-4. | INTERNATIONAL ARBITRATION. 4! 
INTERNATIONAL ARBITRATION. 
By Ji.’ M CrarK,! MvA}) LL B:, K.-C. 
(Read 22nd March, 1902.) 
No apology is needed for bringing such a subject before the Cana- 
dian Institute. International Arbitration has undoubtedly become a 
recognized branch of international law, the title substituted by Bentham 
for the equivocal phrase ‘‘Law of Nations.” 
International law has proved its right to be included in the great 
science of jurisprudence which was defined by Justinian as « the science 
of things human and divine, the knowledge of the just and the unjust.” 
In addition to its scientific interest, international arbitration has for 
Canadians a peculiar importance of a very practical nature, and it is 
therefore specially fitting that the subject should be carefully studied by 
such a body as the Canadian Institute. 
We often hear arbitration referred to as a modern institution, but 
there is no foundation for thisclaim. The Greeks not merely advocated but 
practised international arbitration. One instance may be referred to 
—Athens and Megara after a bitter contest for the island of Salamis, 
the possession of which had been recovered by Solon, agreed to refer 
their dispute to the arbitration of Sparta. Five Spartans were appointed 
to determine the. question at issue and after hearing the evidence ad- 
duced by the parties to the dispute, the arbitrators rendered their ver- 
dict in favour of the Athenians, and the Megarians accepted their award. 
Archidamus, King of Sparta, is said by Thucydides to have declared 
that it was unlawful to attack an enemy who offered to answer for his 
acts before a Tribunal of Arbiters. 
Arbitration was an important part of the Roman law. Very few 
either of the advantages or the disadvantages of arbitration, as developed 
in modern times, escaped the trained legal minds of the Roman juriscon- 
sults. Indeed, the earliest type of judicial proceeding among the Romans 
was a mock combat followed by a reference to arbitration. The first 
judges were simply arbitrators, and civil jurisdiction was developed out 
of arbitration. 
There is not time to trace in detail the history of the development 
of arbitration as a means for the settlement of international disputes, in 
order to ensure that universal peace for which in all ages there has been 
