American Foreign Policy Based Upon Statements of Presidents And Secretaries of
American Foreign Policy Based Upon Statements of Presidents And Secretaries of
Carnegie Endowment for International Peace Divisi
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When the tribunal does not include an umpire, it appoints its own presi- dent. A consideration of Article 45 discloses that at least one of the commissioners or arbitrators shall be a stranger to the controversy. Article 32 of the conven- tion of 1899 left both commissioners or arbitrators to the free choice of the selecting Power. In the next place, it will be noted that the revised convention endeavors to secure the composition of the commission or court by providing ample machinery for the s...election of the umpire. In the convention of 1899, in case of an equality of votes, the selection of the umpire was confided to a third Power designated by the common accord of the parties to the controversy. If, however, the parties failed to agree upon the third Power in question, each liti- gant chose a neutral Power, and these neutral Powers selected the umpire. It might well happen, however, that the agents would be as far from agreement as the principals. The revision therefore provided that in case of disagreement each litigant Power should select two members from the list of the Permanent Court, who should neither be citizens nor owe their appointment to a designat- ing Power ; that thereupon the umpire should be chosen by lot from the members of the court so designated.
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