Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1910

Ambassador O’Brien to the Secretary of State.

American Embassy,
Tokyo, May 10, 1910.

No. 1160.]

Sir: Referring to your unnumbered instruction of November 3, 1909, inclosing copies of an identic circular note relative to the proposed alternative procedure for the international prize court, I have the honor to inform you that I am to-day in receipt of a memorandum from the imperial foreign office, a copy of which I beg to inclose herewith. From this memorandum it will be seen that the Japanese Government agrees to the alternative procedure in the international prize court, but makes the suggestion that the establishment of the court of arbitral justice should be considered in a separate convention, apart from the question of the ratification of the prize court convention.

I have, etc.,

T. J. O’Brien.

[Inclosure.]

memorandum.

Department for Foreign Affairs,
Tokyo, May 9, 1910.

The Imperial Government, desiring to cooperate with the other powers in giving full effect to the labors of the second peace conference, are happy to agree to the alternative procedure in the international prize court, suggested by the honorable the Secretary of State of the United States in his identic circular note of the 18th of October, 1909. It is, however, it seems to them, highly desirable that all the powers signatories of the prize court convention should in all that concerns the jurisdiction and procedure of the court be placed upon precisely the same footing. The Imperial Government accordingly recommend that the suggestion under consideration be modified so as to enable any of those powers, in their discretion and independently of any constitutional question, to make use of the proposed reservation.

The Imperial Government would prefer to have the proposed alteration in the prize court procedure effected by means of a separate act, rather than by the insertion of a clause in the instrument of a ratification of the prize court convention. But if the suggested method is deemed sufficient, the Imperial Government will waive their preference and accept the proposed protocol, provided it is amended in the sense they have recommended.

The Imperial Government also concur in principle in the proposition contained in the same note to invest the international prize court with the duties and functions of the proposed court of arbitral justice. But they are apprehensive that the plan suggested by the United States for giving effect to that proposition would leave several important questions, especially in the matter of organization and administration, entirely unprovided for. It is also greatly to be feared that the ratification of the prize court convention may be endangered if the proposed clause regarding the court of arbitral justice is inserted in that process.

In these circumstances the Imperial Government think it very desirable, if not actually essential, that the matter of the establishment of the court of arbitral justice should be considered in a separate convention, apart from the question of the ratification of the prize court convention.