Abstract

The arbitration in Geneva in 1872 – by which Great Britain settled US claims brought against it arising out of the civil war – has achieved canonical status. It is usually viewed as marking the beginning of the emergence of an institutional international rule of law, a movement which culminated in the Hague Convention of 1899 and laid the foundation for the Permanent Court of International Justice. The arbitration’s origins, however, lie as much in realpolitik as in idealism. Its conduct highlighted as much the flaws in international arbitration as its virtues. It was, above all, a political and diplomatic experiment that almost resulted in the British government’s disintegration in June 1872. The purpose of this article, by examining the origins, conduct and immediate political impact of the arbitration, from the perspective of its British participants, is to provide a corrective prism through which to view it afresh.

摘要

1872 年在日内瓦举行的仲裁——英国通过该仲裁解决了美国因内战而对其提出的索赔——已获得权威地位。它通常被视为标志着制度性国际法治出现的开始，这一运动在 1899 年的《海牙公约》中达到高潮，并为常设国际法院奠定了基础。然而，仲裁的起源同样在于现实政治和理想主义一样。它的行为既突出了国际仲裁的缺陷，也突出了它的优点。首先，这是一场几乎导致英国政府在 1872 年 6 月解体的政治和外交实验。本文的目的是从英国参与者的角度考察仲裁的起源、进行和直接的政治影响，是提供一个矫正棱镜，通过它重新审视它。