Obligatory Agreements

58 For the purposes of this classification, agreements have been introduced that provide for regulation in the context of judicial proceedings and arbitration. This figure includes a number of multi-pronged agreements under which interpretation disputes should be resolved before the Permanent Court of International Justice. 31 Treaties and agreements between the Hawaiian Islands and other powers since 1825, p. 83 (with Switzerland); 89 (with Italy). In the same decade, Siam has contracts with Belgium, Italy, Norway, Sweden and Austria-Hungary (59 British and foreign state titles, 405; 60 ibid.,773; 69 ibid., 1135; 61 ibid., 1308) with mandatory settlement clauses for all disputes arising from these particular contracts. 47 Perhaps the best example during the period of a contract without a reserve clause and the establishment of a compulsory jurisdiction was the agreement of five powers of 20 December 1907 establishing the Central American Court, which is responsible for any dispute that might arise between the parties (100 British and Foreign State Documents, 835). Other “unconditional” agreements concluded by Central America with South American countries (for example. B Colombia`s compromise clause on contractual issues in an agreement with Brazil, Tratados Piiblicos de Colombia (Bogota, 1913), 11, 18, and their general arbitration procedures with Ecuador (1905) and Bolivia (1912), 99 British and ForeignState Papers, 1013, 106 ibid., 903), may oppose certain other contracts, arbitration with some reservations on the basis of the nature of the particular controversy (z.B. contracts concluded by Brazil in 1909 with Salvador and Honduras , 8 New Collection (Martens), 3rd series, 341 and 105 British and Foreign State Papers, 937.

Arbitration clauses covered legal issues related to existing contracts, with the exception of disputes involving vital interests, independence or honour of signatories or the interests of third countries. Mexico and Honduras, when a treaty on friendship, trade and navigation was concluded in 1908, made the compromise clause it contained on any issue that might involve “an attack on their national integrity or dignity” inevitable (102 British and Foreign State Documents, 655). In only one of the five arbitration obligations to which Bolivia was bound between 1901 and 1905, there was an unconditional agreement to dismiss all controversies that could not be resolved through direct negotiations. 32 See the approval of a mandatory arbitration procedure by institutions such as the Ibero-American Legal Congress, which met in Madrid in 1892 (document, Congress, Congress Juridico Ibero-Americano, Madrid, 1892, in particular p. 61, 101, 152, 153). 77 L. N. T. S. No. 1304. The Franco-Siamese Treaty provides a temporary reserve for the Indo-China agreements (L.

N. T. S. No. 1055, s. 2, paragraph 4). 48 The conference took a long time to identify or list issues that, if not taken into account national interests of honour or vitality, could be duly incorporated into a mandatory arbitration regulation. Some thought there might be a moral value in such lists. However, there were strong objections both to the principle of the list and to the idea of “listing” certain themes, such as. B than railway conventions and extraterritoriality.

26 This is the case with the Treaties of the United States with the Barbarian States and with the South American Republics, which embody a plan of compulsory negotiation and delay before the use of force (Article 22 of the Jay Treaty, 8 P. Stats. 127; ibid., 155, 160, 320, 338, 398). The second treaty cited (with Tripoli, 1796) seems to have gone further than others in the list by imposing a duty to peacefully resolve all disputes arising from the “violation” of the articles of the Treaty.