Excerpt from Landreau Claim: United States of America Versus Republic of Peru; Before the International Arbitral Commission, Constituted Under Protocol Signed in Lima, May 21, 1921, at London, October, 1922; Argument on Part of the United States of America In International Arbitrations, as in the possibly more firmly established field Of Municipal Arbitrations, it is settled that the functions and powers Of the Arbitral Authority arise out Of and are limited by terms Of the agreement by which the contending opponents submit their differences to the determination Of the impartial and disinterested third party. What in the Municipal field is commonly called the Articles Of Submission in the International field is equally as commonly called the Protocol. Both generally contain a sufficient reference to the matter Of dispute; a statement Of inability to agree; an agreement to arbitrate an identification Of the chosen arbitrator or provisions for his or its selection or erection, and a solemn agreement to abide by the determination and decision reached and announced. In both fields the jurisdictional powers accorded the arbitral authority may be general, without restrictions, and the Subject matter Of dispute in its entirety, from its very beginnings, may be reviewed and minutely examined in its every detail, SO that in every aspect Of the contro verted matter, from whatever angle viewed, justice and equity may be done as between the opponents. Equally so, in both fields the opponents, by their articles Of agreement or protocol, may SO limit the functions, duties and powers Of the arbitral authority that but a single question or phase Of the entire dispute - and that perhaps not necessarily a fundamental one - may be submitted for determination. Arbitration in practice implies and conclusively assumes the exercise Of judicial faculties, and International Arbitra tion in practice is necessarily the exercise Of a judicial, and not a diplomatic function Of government. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.