R^~iir= 



ARGUMENT OF MR. ROOT 87 



eluded between the United States and Great Britain on the 4th day of April, 

 1908." 



That general treaty of arbitration appears at p. 11 of the United 

 States Case Appendix, and that is a treaty which, the Tribunal 

 will perceive by Article 4, is concluded for a period of five years. 

 I have no reason to doubt that it will be renewed at the expiration 

 of the five years; but, nevertheless, it is a treaty which terminates 

 by. its own terms in three years from this time; and there might be 

 a question whether the provisions of Article 4 of this Special Agree- 

 ment, which is an agreement made under the treaty, would survive 

 the treaty under which it is made. 



In Article 2 of the treaty itself, on p. 11, there is a provision for 

 the Special Agreement. The treaty says: 



"In each individual case the High Contracting Parties, before appealing 

 to the Permanent Court of Arbitration, shall conclude a special Agreement 

 defining clearly the matter in dispute, the scope of the powers of the Arbi- 

 trators, and the periods to be fixed for the formation of the Arbitral Tribunal 

 and the several stages of the procedure." 



Then it goes on to say: 



"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 reserv- 

 ing 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 goverimient of that Dominion." 



Now, as I say, there might well be a question, and I think we 

 are bound to consider the possibility of there being a question raised 

 as to whether the provisions of Article 4 of this Special Agreement 

 under this treaty would survive the end of that treaty. Do I 

 make that clear ? 



Sir Charles Fitzpatrick: Do you think there can be much 

 doubt about that ? 



Senator Root: My own opinion is that they do. 



The President: Your opinion is that they do survive? 



Senator Root: My own opinion is that the provisions of Article 

 4 constitute, in effect, a new treaty. 



