THE CASE OF THE UNITED STATES. 



INTEODUCTORY STATEMENT. 



In the general arbitration treaty entered into by the United States 

 and Great Britain on April 4, 1908, it was agreed : 



Article I. 



Differences which may arise of a legal nature or relating to the 

 interpretation of treaties existing between the two Contracting 

 Parties and which it may not have been possible to settle by di- 

 plomacy, shall be referred to the Permanent Court of Arbitration 

 established at The Hague by the Convention of the 29th of July, 

 1899, provided nevertheless, that they do not affect the vital inter- 

 ests, the independence, or the honor of the two Contracting States, 

 and do not concern the interests of third Parties. 



Akticle II. 



In each individual case the High Contracting Parties, before ap- 

 pealing to the Permanent Court of Arbitration, shall conclude a 

 special Agreement defining clearly 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 pro- 

 cedure. It is understood that such special agreements on the part 

 of the United States will be made by the President of the United 

 States, by and with the advice and consent of the Senate thereof; 

 His Majesty's Government reserving the right before concluding a 

 special agreement in any matter affecting the interests of a self- 

 governing Dominion of the British Empire to obtain the concurrence 

 therein of the Government of that Dominion. 



Such Agreements shall be binding only when confirmed by the two 

 Governments by an Exchange of Notes. 



Subsequently, the United States and Great Britain as signatory 



parties to the Convention for the pacific settlement of international 



disputes entered into on the 18th day of October, 1907, agreed, by 



Article 91 thereof, that such Convention duly ratified " shall replace 



as between the Contracting Powers the Convention for the pacific 



settlement of international disputes of July 29, 1899," and such 



Convention has since been duly ratified by the United States and 



Great Britain. 



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