411.57 N 83/596
The Norwegian Chargé ( Steen ) to the Secretary of State
Mr. Secretary of State: With reference to Minister Bryn’s note of March 3,14 last, I have the honour to inform Your Excellency that my Government has taken knowledge of the observations which the Government of the United States through Your Excellency’s note of February 26 last has put forth with reference to the Award of the Tribunal of Arbitration rendered on October 13, 1922, at The Hague under the Special Agreement concluded between Norway and the United States of America on June 30, 1921, for the purpose of adjusting by arbitration certain claims of Norwegian subjects against the United States arising out of requisitions by the United States Shipping Board Emergency Fleet Corporation.
Acting under instructions from my Government I have now the honour to inform Your Excellency that the Norwegian Government, which as far as it is concerned must maintain that the Award of the Court is correct as well in regard to its form as to its realities, might have felt tempted to enter more closely into the observations which have been made by the American Government. My Government has, however, to its satisfaction noted that the American Government in making its observations has no desire to be controversial [Page 629] and my Government therefore does not find any reasons for entering upon a discussion of the principles of law put forth in the Award and the theories concerning judicial questions expressed by the Tribunal. With special reference to the question as to whether the decision under a later Arbitration case can be deemed to possess a character as a precedent there is, in the opinion of my Government, no reason to enter upon a discussion thereupon, this question coming completely within the jurisdiction of the Court of Arbitration concerned irrespective of the opinions of the parties in the previous case of arbitration.
Please accept [etc.]
- Not printed.↩