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The Relations Between International Tribunals of Arbitration and the Jurisdiction of National Courts1

Published online by Cambridge University Press:  04 May 2017

Elihu Root
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Extract

The growing tendency towards international arbitration brings into special consideration and importance the relation between the jurisdiction of national courts of justice and international tribunals of arbitration.

When one nation urges claims in behalf of its citizens upon the government of another nation and proposes arbitration, how far doea that other nation’s respect for its own independent sovereignty and for the integrity of its own judicial system require it to insist that the claims be submitted for final decision to its own national courts?

The true basis for the consideration of this question is in the nature oi the obligation which constrains a nation to submit questions to any tribunal whatever.

Type
Research Article
Information
American Journal of International Law , Volume 3 , Issue 3 , July 1909 , pp. 529 - 536
Copyright
Copyright © American Society of International Law 1909

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Footnotes

1

Opening address by Honorable Elihu Root, president of the American Society of International Law, at the third annual meeting of the society, in Washington, April 23, 1909.

References

1 Opening address by Honorable Elihu Root, president of the American Society of International Law, at the third annual meeting of the society, in Washington, April 23, 1909.