To complete the "International Federation" of Peace-makers proposed by
the Congress held at Berne in 1883.
To promote the formation of Societies belonging to this Federation in
all parts of Europe.
To form Branches of the Association in various parts of England.
To publish a foreign edition of the monthly paper, _Concord_, in French
and German.
_Note on page 137._
The following are the provisions of the Treaty agreed to at the
PAN-AMERICAN CONFERENCE.
Article I.--The republics of North, Central, and South America hereby
adopt arbitration as a principle of American International Law for the
settlement of all differences, disputes, or controversies that may
arise between them.
Article II.--Arbitration shall be obligatory in all controversies
concerning diplomatic and consular privileges, boundaries, territories,
indemnities, the right of navigation, and the validity, construction,
and enforcement of treaties.
Article III.--Arbitration shall be equally obligatory in all cases
other than those mentioned in the foregoing article, whatever may be
their origin, nature, or occasion; with the single exception mentioned
in the next following article.
Article IV.--The sole questions excepted from the provisions of the
preceding article are those which, in the judgment of any one of the
nations involved in the controversy, may imperil its independence. In
which case, for such nation, arbitration shall be optional; but it
shall be obligatory upon the adversary power.
Article V.--All controversies or differences, with the exception
stated in Article IV., whether pending or hereafter arising, shall
be submitted to arbitration, even though they may have originated in
occurrences ante-dating the present treaty.
Article VI.--No question shall be revived by virtue of this treaty
concerning which a definite agreement shall already have been reached.
In such cases arbitration shall be resorted to only for the settlement
of questions concerning the validity, interpretation, or enforcement of
such agreements.
Article VII.--Any Government may serve in the capacity of arbitrator
which maintains friendly relations with the nation opposed to the
one selecting it. The office of arbitrator may also be entrusted to
tribunals of justice, to scientific bodies, to public officials, or to
private individuals, whether citizens or not of the States selecting
them.
Article VIII.--The court of arbitration may consist of one or more
persons. If of one person, he shall be selected jointly by the nations
concerned. If of several persons, their selection may be jointly
made by the nations concerned. Should no choice be made, each nation
claiming a distinct interest in the question at issue shall have the
right to appoint one arbitrator on its own behalf.
Article IX.--When the court shall consist of an even number of
arbitrators, the nations concerned shall appoint an umpire, who shall
decide all questions upon which the arbitrators may disagree. If the
nations interested fail to agree in the selection of an umpire, such
umpire shall be selected by the arbitrators already appointed.
Article X.--The appointment of an umpire, and his acceptance, shall
take place before the arbitrators enter upon the hearing of the
question in dispute.
Article XI.--The umpire shall not act as a member of the court, but his
duties and powers shall be limited to the decision of questions upon
which the arbitrators shall be unable to agree.
Article XII.--Should any arbitrator, or an umpire, be prevented
from serving by reason of death, resignation, or other cause, such
arbitrator or umpire shall be replaced by a substitute to be selected
in the same manner in which the original arbitrator or umpire shall
have been chosen.
Article XIII.--The court shall hold its sessions at such place as the
parties in interest may agree upon, and in case of disagreement or
failure to name a place the court itself may determine the location.
Article XIV.--When the court shall consist of several arbitrators, a
majority of the whole number may act notwithstanding the absence or
withdrawal of the minority. In such case the majority shall continue
in the performance of their duties, until they shall have reached a
final determination of the questions submitted for their consideration.
Article XV.--The decision of a majority of the whole number of
arbitrators shall be final both on the main and incidental issues,
unless in the agreement to arbitrate it shall have been expressly
provided that unanimity is essential.
Article XVI.--The general expenses of arbitration proceedings shall
be paid in equal proportions by the governments that are parties
thereto; but expenses incurred by either party in the preparation and
prosecution of its case shall be defrayed by it individually.
Article XVII.--Whenever disputes arise the nations involved shall
appoint courts of arbitration in accordance with the provisions of the
preceding articles. Only by the mutual and free consent of all of such
nations may those provisions be disregarded, and courts of arbitration
appointed under different arrangements.
Article XVIII.--This treaty shall remain in force for twenty years from
the date of the exchange of ratifications. After the expiration of that
period, it shall continue in operation until one of the contracting
parties shall have notified all the others of its desire to terminate
it. In the event of such notice the treaty shall continue obligatory
upon the party giving it for at least one year thereafter, but the
withdrawal of one or more nations shall not invalidate the treaty with
respect to the other nations concerned.
Article XIX.--This treaty shall be ratified by all the nations
approving it, according to their respective constitutional methods;
and the ratifications shall be exchanged in the city of Washington on
or before the first day of May, A.D. 1891. Any other nation may accept
this treaty and become a party thereto, by signing a copy thereof
and depositing the same with the Government of the United States;
whereupon the said Government shall communicate this fact to the other
contracting parties.
Butler & Tanner, The Selwood Printing Works, Frome, and London.