Author: John Marshall Harlan
Publisher:
Published: 2015-07-13
Total Pages: 234
ISBN-13: 9781331328407
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Excerpt from Opinions of Mr. Justice Harlan at the Conference in Paris: Of the Bering Sea Tribunal of Arbitration, Constituted by the Treaty of February 29, 1892, Between Her Britannic Majesty and the United States of America [After the arguments of counsel were concluded, the Tribunal of Arbitration went into Conference to consider and determine the various matters submitted to it. All the questions discussed were examined and fully considered by the Arbitrators, and in order that they might have an opportunity to put upon record in the form of written opinions (if they so desired), the views expressed by them in conference, the Tribunal, at the close of its deliberations, adopted and embodied in the Protocol of August 14, 1893, the following resolution: "The right is reserved to each Arbitrator to file with the secretary of this Tribunal, at any time after the adjournment, and before the first day of January, 1894, an opinion or opinions upon the questions or any of them submitted for determination, and such opinion or opinions shall be regarded as an annex to this Protocol." The opinions below embody, substantially, what was said orally in conference by Mr. Justice Harlan upon the questions or matters alluded to in those opinions.] Part I. The Jurisdiction of the Tribunal of Arbitration. 1. Remarks in Support of Motion that the Tribunal First Determine Its Competence or Powers, Under the Treaty, in Respect to Certain Matters. (These remarks were made at the first meeting of the Arbitrators after counsel had concluded their arguments.) Mr. President: It has been suggested that the Arbitrators have a fall interchange of views touching the questions submitted by the treaty for determination before any formal vote is taken. I entirely approve this suggestion. We ought to have the benefit of such an interchange of views before placing upon record the conclusions we have respectively reached. But, in my judgment, our first duty is to determine the competency of this Tribunal, under the treaty, to deal with the various matters submitted to us by the two governments. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.