A Modern Comedy

Question

Explain the "Alabama" Arbitration as if to a child, highlighting *why* it was significant both historically and legally, and how it demonstrated arbitration's value.

Synthesized answer

The "Alabama" Arbitration was a way for the United States and Great Britain to settle a big argument without going to war. During the American Civil War, the Confederates (the Southern states) got a ship called the *Alabama* built in Britain, and it caused a lot of damage to Northern ships. The United States was angry because they said Britain broke its neutrality by letting the *Alabama* and other Confederate ships be built and equipped in British ports [3]. After years of talking, both sides agreed to let a group of five arbitrators (judges from different countries) decide the case [5].

This case was historically and legally important because it showed how arbitration can prevent war. The passages say it "affords a conspicuous example of the value of arbitration as a means of averting war" [1]. Legally, the arbitrators decided that Britain was responsible for the damage caused by the *Alabama* and some other ships, and they ordered Britain to pay $15,500,000 in gold [4]. This set a rule that countries must be very careful to stop their territory from being used to harm other nations.

The passages explain that the arbitration worked because both sides first agreed on the rules…

Synthesized from the book passages below. Chat with the book on Feynman for follow-up.

From the book

← Alabama 1911 Encyclopædia Britannica , Volume 1 "Alabama" Arbitration by Montague Hughes Crackanthorpe Alabama River → See also Alabama Claims on Wikipedia ; and our 1911 Encyclopædia Britannica disclaimer . 244259 1911 Encyclopædia Britannica , Volume 1 — "Alabama" Arbitration Montague Hughes Crackanthorpe ​ “ALABAMA” ARBITRATION. —This is one of those arbitrations on pecuniary claims, made by one state, on behalf of its subjects, against another state, which are referred to in the article Arbitration, International . The case is important, both from a historical and a juridical point of…
Passage [2]
. With respect to the “Alabama” claims the British commissioners suggested that they should be submitted to arbitration. The American commissioners refused “unless the principles which should govern the arbitrators in the consideration of the facts could be first agreed upon.” After some discussion the British commissioners consented that the three following rules should apply.
Passage [6]
rpool in two British ships. Captain Semmes there took command of her under a commission from the Confederate government. After a most destructive career she was sunk off Cherbourg by the “Kearsarge” on the 19th of June 1864. On these facts the United States government alleged against Great Britain two grievances, or sets of grievances. The first was the recognition of the Southern States as belligerents and a general manifestation of unfriendliness in other ways. The second was in respect of breaches of neutrality in allowing the “Alabama,” the “Florida” (originally the “Oreto”, the…
Passage [5]
ontended that it must be a diligence commensurate with the emergency or with the magnitude of the results of negligence. The British government maintained that while the measure of care which a government is bound to use in such cases must be dependent more or less upon circumstances, it would be unreasonable to require that it should exceed that which the governments of civilized states were accustomed to employ in matters concerning their own security or that of their citizens. The tribunal adopted the view suggested by the United States. It found that Great Britain was legally responsible…
Passage [13]
d waters, and as to all persons within its jurisdiction to prevent any violation of the foregoing obligation and duties. The arrangements made by the commission were embodied in the treaty of Washington, which was signed on the 8th of May 1871, and approved by the Senate on the 24th of May. Article 1, after expressing the regret felt by Her Majesty’s government for the escape, in whatever circumstances, of the “Alabama” and other vessels from British ports, and for the depredations committed by these vessels, provided that “the claims growing out of the acts of the said vessels, and…
Passage [8]

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