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Remarks: Mr. W. C. Dennis

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Third Session
Copyright
Copyright © American Society of International Law 1912

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References

1 The following chronological list of arbitration treaties of the United States using the expression “justice and equity” or its equivalent makes no pretense of being complete: Great Britain, Treaty of Amity, Commerce and Navigation (Jay Treaty), November 19, 1794, Article VI; Great Britain, Convention Respecting Fisheries, Boundary and-the Restoration of Slaves, October 20, 1818; Great Britain, Claims Convention, February 8, 1853; Costa Rica, Claims Convention, July 2, 1860; Great Britain, treaty for settlement of claims with the Hudson’s Bay Co., etc., July 1, 1863; Great Britain, Treaty of Washington, May 8, 1871, Article XII (Claims arising during the Civil War aside from the Alabama Claims). The following treaties or conventions use language the same or substantially the same as the Seventh Article of the Jay Treaty with Great Britain which reads, “according to the merits of the several cases and to justice, equity, and the laws of nations”: Spain, Treaty of Friendship, Boundary, etc., October 27, 1795, Article XXI (Claims arising during the war between Spain and France); Denmark, Claims Convention, March 28, 1830; Peru, Claims Convention, January 12, 1863; Mexico, Claims Convention, July 4, 1868. [See Treaties and Conventions of the United States, etc.; see also argument of the United States, Orinoco Steamship Case, before the Hague Tribunal, page 117, note.] Article VII of the Prize Court Convention provides, that in the absence of any controlling treaty provisions or generally recognized rule of international law, “the court shall give judgment in accordance with the general principles of justice and equity,” while Article VII of the Pecuniary Claims Convention with Great Britain signed August 18, 1910, makes it the duty of the members of the tribunal, upon assuming their functions, to take oath to decide, “in accordance with treaty rights and with the principles of international law and of equity.”