« ПретходнаНастави »
Besides, the condition laid down is of a nature to completely prejudice the arbitration, which would be nothing more than an empty form. If the King's Government were to admit that the agreement of 1904 prevents them from refusing the transit of postal parcels in the circumstances in question, the case to be laid before the court of arbitration would be decided in advance.
Finally, it goes without saying that no independent Government could renounce, for future and indefinite contingencies, its right to take necessary measures, should occasion arise. What can be conceded is that the special case which is submitted to an arbitral tribunal will not be made the occasion of new measures. The King's Government, in order to give a fresh proof of their conciliatory. spirit, are even prepared to declare that they will not have recourse to retaliation on account of the measures, which have or may have been taken, as they believe illegally, by the British authorities with regard to postal communications, up to the time of the delivery of this note. The Kings' Government earnestly hope that the British Government will appreciate this concession, and will find no obstacles to prevent them proceeding with the agreement on the subject of arbitration.
With regard to the question of damages claimed by the British Government, the King's Government think they may confine themselves for the present to declaring that in their opinion these claims must be considered in connection with corresponding Swedish claims, and that they will clearly depend in the last resort on the legality of the British measures which have, or may have, provoked, on the part of Sweden, the retaliation in question.
The King's Government propose, should the occasion arise, to publish the whole correspondence concerning the detention of postal parcels and the question of arbitration. This publication may be necessary to give the Swedish public an opportunity of forming a correct opinion as to the action of the King's Government in this matter. The King's Government recall the fact that the British Government have several times expressed a desire for the publication of the documents bearing on the subject, and that the King's Government have never opposed it.
I avail, &c.
FOREIGN OFFICE, August 2, 1916.
I have the honor to acknowledge the receipt of your note of the 24th July, in which you convey the reply of the Swedish Government to my notes of the 19th June and 6th July regarding the question of the parcels mails.
I have the honor to inform you that, if and so long as the Swedish Government forward parcels between the United Kingdom and Russia and elsewhere in the regular way, and otherwise carry out the Post Office Agreement of 1904, the offers of arbitration made in my note of the 25th April, as interpreted by the note verbale handed to the Swedish Government by His Majesty's Minister at Stockholm on the 5th June, will remain open.
With regard to the considerations urged in the 6th paragraph of your note under reply, I have the honor to inform you that His Majesty's Government merely ask for a statement whether the Swedish Government will henceforward cease to interfere with the transit of all parcels despatched to or from the United Kingdom across Sweden. I should be glad to receive an answer to this question as soon as possible, and I trust that on receipt of it our two Governments may be able to regard this correspondence as closed and the questions at issue as finally settled.
I have, &c.
GREY OF FALLODON.
FINAL ACT OF THE HAVANA MEETING OF THE AMERICAN INSTITUTE OF
INTERNATIONAL LAW The Second Meeting of the American Institute of International Law, founded at Washington in 1912, with the object of propagating in America the principles of justice and law which ought to prevail in the relations between States, took place by invitation of the Government of the Republic of Cuba, in the City of Havana, from January 22 to January 27, 1917. The meeting was held under the auspices of the Cuban Society of International Law, there being present members of the Institute and delegates of other Societies of International Law affiliated thereto. At the session held on the 27th it was unanimously resolved to insert in the present Final Act the result of the proceedings of the Second Meeting.
RECOMMENDATIONS OF HAVANA At the session held by the Institute on January 23d, on motion of the President of the Institute, Mr. James Brown Scott, there were unanimously approved ten recommendations on “International Organization," which shall henceforward be known as "The Recommendations of Havana," the text of which is as follows: Recommendations of Havana, adopted by the American Institute of International Law, at its session held in Havana, Republic of Cuba, on January 23, 1917.
Whereas the independent existence of civilized nations and their solidarity of Interests under the conditions of modern life has resulted in a society of nations; and
Whereas the safety of nations and the welfare of their peoples depend upon the application to them of principles of law and equity in their mutual relations as members of civilized society; and
Whereas the law of nations can best be formulated and stated by the nations assembled for this purpose in international conferences; and
Whereas it is in the interest of the society of nations that international agreements be made effective by ratification and observance on all
occasions, and that some agency of the society of nations be constituted to act for it during the intervals between such conferences; and
Whereas the principles of law and equity can best be ascertained and applied to the disputes between and among the nations by a court of justice accessible to all the independent powers forming the society of civilized nations;
Therefore the American Institute of International Law, at its second session, held in the City of Havana, in the Republic of Cuba, on the 23d day of January, 1917, adopts the following recommendations, to be known as its Recommendations of Havana.
1. The call of a Third Hague Conference to which every country belonging to the society of nations shall be invited and in whose proceedings every such country shall participate.
2. A stated meeting of the Hague Peace Conference which, thus meeting at regular, stated periods, will become a recommending if not a law-making body.
3. An agreement of the States forming the society of nations concerning the call and procedure of the Conference, by which that institution shall become not only internationalized, but in which no nation shall take a preponderating part.
4. The appointment of a committee, to meet at regular intervals between the Conferences, charged with the duty of procuring the ratification of the Conventions and Declarations and of calling attention to the Conventions and Declarations in order to insure their observance.
5. An understanding upon certain fundamental principles of international law, as set forth in the Declaration of the Rights and Duties of Nations adopted by the American Institute of International Law at its first annual meeting held in Washington, on January 6, 1916.
6. The creation of a permanent international council of conciliation to consider, to discuss, and to report upon such questions of a nonjusticiable character as may be submitted to such council by an agreement of the powers for this purpose.
7. The employment of good offices, mediation and friendly composition for the settlement of disputes of a non-justiciable nature.
8. The principle of arbitration in the settlement of disputes of a non-justiciable nature; also oi disputes of a justiciable nature which have, through delay or mismanagement, assumed such political importance that the nations prefer to submit them to arbiters of their own choice rather than to judges of a permanent judicial tribunal.
9. The negotiation of a convention creating a judicial union of the nations along the lines of the Universal Postal Union of 1908, to which all civilized nations and self-governing dominions are parties, pledging the good faith of the contracting parties to submit their justiciable disputes — that is to say, their differences involving law or equity — to a permanent court of this union, whose decisions will bind not only the litigating nations, but also all parties to its creation.
10. The creation of an enlightened public opinion in behalf of peaceable settlement in general, and in particular in behalf of the foregoing nine propositions, in order that, if agreed to, they may be put into practice and become effective, in response to the appeal to that greatest of sanctions, "a decent respect to the opinion of mankind.”
PROJECTS AND PROPOSALS The Institute, further resolved to refer to the consideration of the National Societies of International Law affiliated thereto the following projects and proposals submitted by the Secretary General, Señor Alejandro Alvarez (except the project concerning the Bases relating to the organization of a Court of Arbitral Justice, which was submitted by Mr. James Brown Scott):
A. PROJECT RELATING TO THE FUNDAMENTAL BASES OF INTERNATIONAL LAW:
The Institute, desirous of arriving at a uniformity of views on the elaboration of the final project, requests the National Societies affiliated thereto to consider, among others, the following questions:
1. Future field of action of international law;
4. Development of legal rules, or their application to cases not specially provided for;
5. Sanctions of legal rules;
6. The rights of persons or of associations, which it may be advisable to recognize internationally.
B. PROJECT RELATING TO THE FUNDAMENTAL RIGHTS OF THE AMERICAN CONTINENT OR AMERICAN WORLD:
As regards this project the Institute calls the attention of the National Societies to the following questions: