GEOGRAPHIC 



LITERATURE 



Arbitration in The Hague Court. By 



John W. Foster. Pp. 147. Boston 



and New York: Houghton, Mifflin & 



Co. 1904. $1.00 net. 



The efforts of President Roosevelt in 

 advancing the interests of international 

 arbitration make this little volume of 

 special interest. As is expected from 

 a man of Mr Foster's experience and 

 ability, the merits of international arbi- 

 tration are concisely and forcefully, as 

 well as clearly, set forth. The volume 

 covers the inception, progress, and pres- 

 ent condition of international arbitra- 

 tion. It makes clear the methods and 

 processes to be followed, concerning 

 which there exist misunderstandings in 

 the minds of many. The Hague Con- 

 vention recognizes two classes of con- 

 troversy, the first of a judicial char- 

 acter, and the second questions regard- 

 ing the interpretation or the application 

 of international treaties. 



The Washington conference of 1890 

 recommended an arbitration treaty with 

 the stipulation that the sole question 

 which any nation is at liberty to decline 

 to arbitrate is a question which might 

 emperil its independence. Chile and 

 Argentina have united in such a treaty, 

 while the Netherlands and Denmark 

 agreed to submit to The Hague Court 

 all mutual differences and disputes that 

 cannot be solved through diplomatic 

 channels. 



The Hague Court does not sit as a 

 collective body, but the nations submit- 

 ting cases for arbitration select by 

 mutual agreement one, three, or five 

 members from the personnel constitut- 

 ing the court, which in its membership 

 is practically a permanent panel of in- 

 ternational jurymen. 



With regard to rehearings, they are 

 to be permitted only on the discovery 

 of new facts, previously unknown to 

 the tribunal and the parties, which 

 must be of such a character as to exer- 



cise a decisive influence on the judg- 

 ment. 



General Foster considers the much- 

 criticised decision of the tribunal con- 

 ceding preferential treatment to allied 

 powers in the Venezuelan case, but 

 believes with Mr MacVeagh that the 

 presence of thirteen nations before the 

 tribunal was such a valuable object les- 

 son of the wisdom and efficacy of arbi- 

 tration as to offset any other disadvan- 

 tages. 



General Foster wisely suggests that 

 The Hague Court should be made a truly 

 international tribunal by adding to its 

 personnel representatives from all the 

 American republics. He favors a pro- 

 hibitive rule regarding a member of the 

 permanent panel appearing as counsel 

 for the litigating party, and believes 

 that the question of expense should be 

 carefully considered, as it is now prac- 

 tically prohibitive against smaller states 

 of limited resources. There should 

 also be suitable rules regarding the 

 language to be used in arguments and 

 the familiarity of the judges therewith. 



General Foster shows the necessity 

 of fostering and stimulating an intelli- 

 gent interest in arbitration. It is hoped 

 that the final outcome in the United 

 States will be to further the interests of 

 peace, and justify his statement that 

 " The Hague Court will long stand as 

 a beacon light in the tempestuous sea 

 of international politics, and its in- 

 fluence and efficiency grow with ad- 

 vancing years." A. W. G 



Japan by the Japanese. Edited by Al- 

 fred Stead. Pp. xxvii + 697. New 

 York : Dodd, Mead & Co. 1904. 

 $5.00 net. 



Mr Stead has rendered a service to 

 all students of Japan by bringing to- 

 gether what might be called 1 ' the docu- 

 ments in the case," which are indis- 

 pensable to any one desiring to obtain a 



