Synthesized answer
The "Alabama" case demonstrates the value of arbitration in averting war by providing a mechanism for resolving pecuniary claims between states. The United States government presented grievances against Great Britain concerning breaches of neutrality, specifically allowing Confederate vessels like the "Alabama" to be built and equipped on British territory [3]. After several years of correspondence, a commission was appointed to find a way to settle these issues [3]. The British commissioners suggested arbitration for the "Alabama" claims, and after initial refusal by the American commissioners, an agreement was reached for the arbitration to be governed by three specific rules [1, 3].
The arrangements were embodied in the treaty of Washington, which established a tribunal of five arbitrators. This tribunal was tasked with referring the claims growing out of the acts of these vessels, known as the 'Alabama' claims [4]. The arbitrators were to be governed by the agreed-upon rules and principles of international law [5]. By agreeing to these rules and bringing them to the knowledge of other maritime powers, the parties committed to observing them in future interactions [5]. This…
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From the book
. 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.
← 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…
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…
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…
decided by a majority of the arbitrators, and each of the contracting parties was to name one person to attend as agent. Article 6 provided that the arbitrators should be governed by the three rules quoted above, and by such principles of international law not inconsistent therewith as the arbitrators should determine to be applicable to the case. By the same article the parties agreed to observe these rules as between themselves in future, and to bring them to the knowledge of other maritime powers. Article 7 provided that the decision should be made within three months from the close of the…
More questions about this book
- If you were to explain the core conflict and significance of the "Alabama" Arbitration to a peer who knows nothing about it, what essential details would you include, and how would you articulate its contribution to international jurisprudence?
- What were the immediate and potential long-term consequences of Britain's declaration of neutrality and recognition of the Confederacy as belligerents, especially concerning the "Alabama" case?
- How did the construction of the "Alabama" in a neutral port challenge the established understanding of neutrality in international law, and what specific actions by the U.S. consul highlighted this challenge?
- Considering the American Civil War's origin in the "slavery question," how might this underlying moral conflict have subtly complicated or influenced the decisions and responses of neutral European powers like Britain, even when seemingly adhering to legal neutrality?