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be settled amicably by means of the mediation of the Governments which are not parties to the difference. In cases where the difference remains unsettled, the same shall be left to the arbitration either of the Central American authority which shall be afterwards established, or to the judgment of a tribunal of arbitration, composed of representatives of the neutral Central American Governments. The Government or Governments which shall infringe this principle will be guilty of treason against the Central American nations.

SECTION III.-PROPOSED COUNCIL AND TRIBUNAL OF INTERNATIONAL ARBITRATION.

418. In order to provide a readier means for the settlement of international disputes the following scheme for the establishment of a permanent Council of International Arbitration, with original and delegated authority, is submitted :-

419. Each State to nominate a given number of members, publicists and jurists, or other persons of high reputation and standing, to constitute a Council of International Arbitration.

420. Such Council may be held, as constituted, as soon as any two States concur in its

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organization, and have nominated members for the same.

421. When duly organized by any number of States, the council will invite other States to nominate their members to the Council.

422. The Council will at its first meeting appoint its secretaries.

423. On the occurrence of any dispute between any States, the secretaries of the Council, at the request of any two members of the Council, shall summon a meeting to consider what steps may be adopted for immediately arresting any war measures already taken, or about to be taken, by the contending States, and for offering, if desirable, the aid of the Council in the way of mediation or arbitration.

424. When the contending States agree to leave their disputes to arbitration, the Council will appoint some of its members, and some other persons specially nominated by the contending States, to be a High Court of International Arbitration for the adjudication of the same, and its award in the case shall be binding on the contending States.

425. The appointment of the members of the High Court shall be made with special regard to the character and locality of the dispute, and shall terminate on the settlement of the dispute or abandonment of the arbitration.

426. It is not contemplated to provide for the exercise of physical force in order to secure reference to the Council, or to compel compliance with the award of the Council or Court when made. The authority of the Council and Court is moral, not physical.

427. Where, however, on the occurrence of any dispute the action of the Council is ignored by the contending States, it may be within the competency of the Council to consider the facts in dispute, and to report thereon to the States which it represents; and likewise, when its award, on any dispute referred to it for arbitration, is set at nought, to communicate the facts of the case and its decision thereon to the same States.

428. The Council will make rules for its own conduct and for the procedure of the High Court of International Arbitration. The rules adopted in the Alabama Arbitration, and those proposed by

the Institute of International Law, may supply valuable suggestions in the framing of the same.

429. It is suggested that the seat of the Council shall be a neutral city, such as Berne or Brussels.

430. The appointment of members of Council should be for a definite number of years, provision being made for the appointment of new members to supply those who may cease to be members by retirement or death.

431. The members of Council, though appointed by the Governments, will not hold a representative character.

432. The cost of maintaining the Council shall be borne equally by every State concurring in its organization. The cost of any reference to arbitration shall be borne by the contending parties in equal shares.

Pierantoni, in his "Trattato di Diritto Internazionale," vol. i, p. 260, gives the following notes as regard the practice of International Arbitration in the Middle Ages:

The arbitrators in the Middle Ages were mostly bishops or lawyers, because they were the depositaries

of juridical science. The bishops were at that time preferred, on account of the dignity of their character, and the frequency with which they had to settle controversies of canonical law. The sovereigns chose lawyers, because they themselves were ignorant of the feudal or the Roman law.

From the sentence of the bishops, there was an appeal to the pope, on account of the spiritual jurisdiction which the popes exercised.

A security was often asked for the execution of the award.

If the award decided questions of property, the princes or cities simply accepted the same, or, to use the technical phrase, submitted to the award.

When the award ordered peace, the princes took note of the sentence, which was in effect a treaty of peace.

When the arbitrators were called to a place where a war was pending, the military forces, bound by the compromise, retired so as to leave the judges independent.

The inobservance of an accepted award became reason for war.

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