INTERNATIONAL LAW AND PEACE 67 



time for a calm examination of the points involved. The merit of the treaty lies chiefly 

 in the ingenuity with which the procedure of conciliation and settlement is prolonged. 

 When the two Governments are equally desirous of a peaceful adjustment, the treaty 

 will be a means for the removal of any question, whether arbitrable or not, from 

 being complicated by controversy on the part of an over-zealous public opinion. 



A less ambitious, but much improved edition of the existing " common form " of 

 standing arbitration treaty is that which has been adopted by France and Denmark 

 (Aug. 9, 1911). This treaty provides as usual (Art. i) that: 



"Differences of a judicial character and more particularly those relating to the interpreta- 

 tion of treaties existing between the two contracting parties, which may arise between them 

 and which it has not been possible to settle by diplomacy, shall be submitted to arbitration, 

 in the terms of the convention for the pacific settlement of international differences" (Hague. 

 Oct. 18, 1907), "provided they do not affect the vital interests, independence or honour 

 of either of the contracting parties nor the interests of third Powers." 



Art. 2, however, provides the exception that " Differences relating to the following 

 matters shall be submitted to arbitration without the reservations mentioned in Art. i : 



" I. Pecuniary claims for damages when the principle of an indemnity has been admitted ; 



"2. Contractual debts claimed from the Government of one of the parties by the Govern- 

 ment of the other as due to its nationals; : . 



" 3. Interpretation and application of conventional stipulations relating to commerce 

 and navigation. 



" 4. Interpretation and application of conventional stipulations relative to: Industrial 

 property, copyright, . . . posts and telegraphs . . . submarine cables . . . c. 



"In respect of class 4, the contracting parties have the right to defer submitting such cases 

 to arbitration until after the national courts have decided finally on them." 



This treaty also contains a clause providing that the arbitral court shall decide, in 

 case of difference, what category a case belongs to. 



Thus three new forms of arbitration treaties have been devised in the course of the 

 last three or four years in the place of the old common form of treaty (i.e. the Anglo- 

 French form of October 14, 1903). The old form applies to " differences of a juridical 

 order or relating to the interpretation of treaties " and excepts from its operation mat- 

 ters involving " vital interests " or " national honour." That between France and 

 Denmark of August 1911 makes " vital interests " and " national honour " a part of the 

 principle, and, excepting them from its operation, makes arbitration obligatory without 

 qualification in certain defined matters. The Anglo-French and Anglo-American Treat- 

 ies of August 1911 go further, and provide a pacific method, though not arbitration, for 

 dealing with cases even involving vital interests and national honour; and that between 

 Italy and the Netherlands of November 1909 throws out the exception altogether. 



The progress of experience has not confirmed the expectation current at the beginning 

 of the present century that arbitration might become a substitute for war. Only states 

 between which no casus belli seems possible have, thus far, ventured to place all cases 

 without exception within the scope of compulsory arbitration, and in the Turco-Italian 

 and Balkan wars no reference to a court of arbitration could have dealt with the issues 

 involved except on principles of treaty obligation and justice which would have necessari- 

 ly condemned the aggressors. Nevertheless, arbitration removes from controversy all 

 the smaller issues, and, under the influence of public opinion, its scope is being gradually 

 enlarged, and the number of possible cases of conflict correspondingly reduced. 



The following later treaties of arbitration (renewals starred) have been added to the 

 list given in the article on " Peace " in Ency. Brit., Vol. xxi: 



1909. Costa Rica-Panama . . Mar. 17. 

 Brazil-China .... Aug. 3. Brazil-Haiti . Apr. 25. 

 Argentina-Portugal . . Aug. 27. Brazil-Dominican Republic Apr. 29. 

 Brazil-Salvador . . . Sept. 3. Belgium-Honduras . . Apr. 29. 



Brazil-Peru Nov. 5. Brazil-Colombia . . , July 7. 



Italy-Netherlands . . . Nov. 21. *Austria Hungary-Great 



Brazil-Sweden .... Dec. 14. Britain . ... July 1 6. 



Greece-Spain .... Dec. 16. Russia-Spain .... Aug. 15. 



Brazil-Russia .... Aug. 26. 



1910. Brazil-Greece . . . . Aug. 28. 

 Costa Rica-Italy . . . Jan. 8. Greece-Italy .... Sept. 2. 



