Arbitration, Mediation, and Conciliation




Calvin D. Davis

American statesmen learned early that the discussions of diplomats and the conclusion of treaties are not always sufficient to settle international disputes peacefully. Their search for other methods of peaceful settlement began during the administration of George Washington and has been a continuing concern in the conduct of the foreign relations of the Republic since that time. In fact, it was a major aspect of American foreign policy before World War I and was of profound influence upon American thinking about international organization before that war.

BIBLIOGRAPHY

Blake, Nelson M. "The Olney-Pauncefote Treaty of 1897." American Historical Review 50 (1945). A study of the Senate's rejection of the treaty.

Brower, Charles M., and Jason D. Bruesche. The Iran–United States Claims Tribunal. The Hague, 1998. A comprehensive study.

Campbell, John P. "Taft, Roosevelt, and the Arbitration Treaties of 1911." Journal of American History 53 (1966). The failure of the last important American effort to conclude obligatory arbitration treaties before World War I.

Cook, Adrian. The Alabama Claims: American Politics and Anglo-American Relations, 1865–1872. Ithaca, N.Y., 1975. Careful discussion of the Washington Treaty and the Geneva arbitration.

Corbett, Percy Ellwood. Law in Diplomacy. Princeton, N.J., 1959. Chapter 5. Fine survey of the history of arbitration.

Cory, Helen May. Compulsory Arbitration of International Disputes. New York, 1932. Describes development of its special topic from 1820 to 1931.

Crackanthorpe, Montague H. "Arbitration, International." Encyclopaedia Britannica. Vol. 2. Cambridge, 1910. The basic concepts and terminology of arbitration, mediation, and conciliation as they were understood early in the twentieth century.

Curti, Merle. Peace or War: The American Struggle, 1636–1936. New York, 1936. Discusses the promotion of arbitration by the peace movement.

Davis, Calvin DeArmond. The United States and the First Hague Peace Conference. Ithaca, N.Y., 1962. A detailed account of the negotiation of the Convention for the Pacific Settlement of International Disputes.

——. The United States and the Second Hague Peace Conference: American Diplomacy and International Organization, 1899–1914. Durham, N.C., 1976. Describes the establishment and development of the Permanent Court of Arbitration, the attempt of the Second Hague Peace Conference to establish a stronger world tribunal, and the efforts of American diplomacy to further development of the Hague Conferences and Court into a permanent world system.

Duberman, Martin B. Charles Francis Adams, 1807–1886. Boston, 1961. Excellent accounts of the Washington Treaty and the Geneva arbitration.

Ferrell, Robert H. Peace in Their Time: The Origins of the Kellogg-Briand Pact. New Haven, Conn., 1952. Arbitration in the period between the world wars.

Gray, Christine, and Benedict Kingsbury. "Developments in Dispute Settlement: Inter-state Settlement Since 1945." British Year Book of International Law 1992. Oxford, 1993. One of the most important studies of the subject since 1945.

Herman, Sondra R. Eleven Against War: Studies in American Internationalist Thought, 1898–1921. Stanford, Calif., 1969. Analyzes important peace ideas.

Kuehl, Warren F. Seeking World Order: The United States and International Organization to 1920. Nashville, Tenn., 1969. Discusses proposals for organization of the world and its regions.

Mashkour, Mashkan. "Building a Friendly Environment for International Arbitration in Iran." Journal of International Arbitration 17 (2000). The latest information about Iran–United States arbitration.

Moore, John Bassett. "International Arbitration: Historical Notes and Projects." Collected Papers of John Bassett Moore. New Haven, Conn., and London, 1944. One of the best general surveys.

Moynihan, Daniel Patrick. On the Law of Nations. Cambridge, Mass., 1990. A searching commentary on international law since 1945.

Oppenheim, Lassa. International Law: A Treatise. Vol. 2. London, 1906. Explains arbitration, mediation, and conciliation as international lawyers understood them early in the twentieth century.

Patterson, David S. Toward a Warless World: The Travail of the American Peace Movement, 1887–1914. Bloomington, Ind., 1976. An outstanding history.

Reisman, W. Michael. "The Multifaceted Phenomenon of International Arbitration." Arbitration Journal 24 (1969). Modern legal scholarship.

Sanders, Pieter, ed. International Arbitration: Liber Amicorum for Martin Domke. The Hague, 1967. Essays by leading scholars.

Savelle, Max. The Origins of American Diplomacy: The International History of Angloamerica, 1492–1763. New York, 1967. Important background for the later interest of the United States in arbitration, mediation, and conciliation.

Stuyt, A. M. Survey of International Arbitrations, 1794–1989. The Hague, 1990. A basic reference.

United Nations Secretary-General and International Bureau of the Permanent Court of Arbitration. Permanent Court of Arbitration. The Hague, 1998. Contains primary sources for the arbitral court's history.

See also Ambassadors, Executive Agents, and Special Representatives ; Internationalism ; International Law ; Peacemaking ; Treaties .

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