FREE BOOKS

Author's List




PREV.   NEXT  
|<   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70  
71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   >>   >|  
in the only case in which, according to its opinion at the time, a difference could be foreseen, to wit, with regard to Article I.; because it has already been proposed by Her British Majesty's Government, and accepted by this Government with regard to the difference in respect of Article 14 of the Convention arising in the matter of the so-called Coolie question, which was settled by Arbitration; because the Right Honourable the Secretary of State, Mr. Chamberlain, himself, in his letter of the 4th September, 1895, to His Excellency the High Commissioner at Cape Town, favours this principle in the same question, where he says: 'After 1886, as time went on, the manner in which the law was interpreted and was worked, or was proposed to be worked, gave rise to complaints on the part of the British Government, and as it seemed impossible to come to an agreement by means of correspondence, the Marquis of Ripon took what is the approved course in such cases, of proposing to the South African Republic that the dispute should be referred to Arbitration. This was agreed to ...,' because the principle of Arbitration in matters such as this appears to the Government to be the most impartial, just, and most satisfactory way out of the existing difficulty, and, lastly, because one of the parties to a Convention, according to all principles of reasonableness, cannot expect that his interpretation will be respected by the other party as the only valid and correct one. And although this Government is firmly convinced that a just and impartial decision might be obtained even better in South Africa than anywhere else, it wishes, in view of the conflicting elements, interests, and aspirations which are now apparent in South Africa, and in order to avoid even the appearance that it would be able or desire to exercise influence in order to obtain a decision favourable to it, to propose that the President of the Swiss Bondstate, who may be reckoned upon as standing altogether outside the question, and to feel sympathy or antipathy neither for the one party nor for the other, be requested to point out a competent jurist, as has already often been done in respect of international disputes. The Government would have no objection that the Arbitration be subject to a limitation of time, and gives the assurance now already that it will willingly subject itself to any decision if such should, contrary to its expectation, be given against it. The Gov
PREV.   NEXT  
|<   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70  
71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   >>   >|  



Top keywords:
Government
 

Arbitration

 

question

 

decision

 

impartial

 

principle

 
worked
 

subject

 

Africa

 

Article


regard

 

British

 

respect

 

Convention

 
difference
 

proposed

 

interests

 

aspirations

 

apparent

 

influence


obtain
 

favourable

 

exercise

 
desire
 
elements
 

appearance

 

firmly

 

convinced

 

accepted

 

correct


obtained

 

propose

 

wishes

 

Majesty

 

conflicting

 

Bondstate

 

limitation

 
objection
 

international

 

disputes


assurance

 

willingly

 
expectation
 
contrary
 

standing

 

altogether

 
reckoned
 

respected

 
competent
 

jurist