Russia. It
may well be that disputant Powers may at any time choose to agree to
employ the machinery suggested by those articles, or something
resembling it, in cases of a far more serious kind than those to which
alone the convention ventured to make its recommendation applicable; and
this is the course which seems to have been followed by the Powers
interested with reference to the recent lamentable occurrence in the
North Sea.
As to the convention as a whole, it is important to bear in mind that,
differing in this respect from the two other conventions concluded at
The Hague, it is of a non-obligatory character, except in so far as it
provides for the establishment of a permanent tribunal at The Hague, to
which, however, no Power is bound to resort. It resembles not so much a
treaty as a collection of "pious wishes" (_voeux_), such as those which
were also adopted at The Hague. The operative phrases of most usual
occurrence in the convention are, accordingly, such as "jugent utile";
"sont d'accord pour recommander"; "est reconnu comme le moyen le plus
efficace"; "se reservent de conclure des accords nouveaux, en vue
d'etendre l'arbitrage obligatoire a tous les cas qu'elles jugeront
possible de lui soumettre."
It is a matter for rejoicing that, in accordance with the suggestion
contained in the phrase last quoted, so many treaties, of which that
between Great Britain and Portugal is the most recent, have been entered
into for referring to The Hague tribunal "differences of a juridical
nature, or such as relate to the interpretation of treaties; on
condition that they do not involve either the vital interests or the
independence or honour of the two contracting States." Such treaties,
conforming as they all do to one carefully defined type, may be
productive of much good. They testify to, and may promote, a very widely
spread _entente cordiale_, they enhance the prestige of the tribunal of
The Hague, and they assure the reference to that tribunal of certain
classes of questions which might otherwise give rise to international
complications. Beyond this it would surely be unwise to proceed. It is
beginning to be realised that what are called "general" treaties of
arbitration, by which States would bind themselves beforehand to submit
to external decision questions which might involve high political
issues, will not be made between Powers of the first importance; also,
that such treaties, if made, would be more like
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