Synthesized answer
The passages from the *Encyclopædia Britannica* article on the "Alabama" Arbitration highlight several core principles for preventing conflicts. First, the case demonstrates the value of arbitration as a means of averting war, as it "affords a conspicuous example of the value of arbitration as a means of averting war" [2]. Second, it shows that successful arbitration often requires prior agreement on the governing principles: the American commissioners refused to submit to arbitration "unless the principles which should govern the arbitrators in the consideration of the facts could be first agreed upon" [1]. This led to the adoption of three specific rules (the "Three Rules of Washington") that were to guide the tribunal [1][5].
Third, the case established that neutral states have a duty to prevent violations of neutrality within their jurisdiction. The agreed rules required a neutral government to use "due diligence" to prevent the fitting out or arming of vessels intended for war against a friendly power, and to prevent any violation of these obligations within its ports or waters [4]. Finally, the treaty of Washington provided for a tribunal composed of neutral arbitrators…
Synthesized from the book passages below. Chat with the book on Feynman for follow-up.
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
- Explain, as if to a peer, the fundamental historical and legal dispute that necessitated the "Alabama" Arbitration, going beyond simply stating the facts to illustrate *why* it became an international crisis.
- The text notes the case's importance in "averting war." How did the specific sequence of events, from British neutrality to the building of the "Alabama," create a situation where arbitration became a crucial alternative to continued conflict?
- If you were advising the U.S. government in 1862, what specific arguments would you construct to claim that Great Britain's actions, despite its proclamation of neutrality, constituted a violation of international law, considering the context of the "Alabama" being built?
- Beyond the "Alabama," what does this excerpt imply about the challenges and responsibilities of a neutral nation during an international conflict, particularly regarding its private citizens or industries?