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ENQUIRE PROJECT DETAILS BY GENERAL PUBLIC |
| Project Details |
| Funding Scheme : | General Research Fund | ||||||||||||||||
| Project Number : | 17618621 | ||||||||||||||||
| Project Title(English) : | The Role of Peace Movements in the 1899 Creation of the Permanent Court of Arbitration | ||||||||||||||||
| Project Title(Chinese) : | 1899和平运动在设立常设仲裁法院中的作用 | ||||||||||||||||
| Principal Investigator(English) : | Prof Fry, James D. | ||||||||||||||||
| Principal Investigator(Chinese) : | |||||||||||||||||
| Department : | Faculty of Law | ||||||||||||||||
| Institution : | The University of Hong Kong | ||||||||||||||||
| E-mail Address : | jamesfry@hku.hk | ||||||||||||||||
| Tel : | 28592446 | ||||||||||||||||
| Co - Investigator(s) : |
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| Panel : | Humanities, Social Sciences | ||||||||||||||||
| Subject Area : | Social and Behavioural Sciences | ||||||||||||||||
| Exercise Year : | 2021 / 22 | ||||||||||||||||
| Fund Approved : | 291,904 | ||||||||||||||||
| Project Status : | Completed | ||||||||||||||||
| Completion Date : | 31-12-2022 | ||||||||||||||||
| Project Objectives : |
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| Abstract as per original application (English/Chinese): |
The nature of the movement that led to the commencement of the 1899 Hague Peace Conference that created the Permanent Court of Arbitration (PCA) has been described as obscure (Grant & Temperley 1952 at 581-82). This project will clarify the nature of that movement, not only to fill a gap in the literature but also to better understand whether this event that started reliance on law in resolving international disputes has its roots in elitism or majoritarianism, which arguably would add to the legitimacy of international dispute settlement. This will be done by focusing on, inter alia, the 1898-1899 conference proceedings and diplomatic correspondence of France, Germany, The Netherlands, the United Kingdom and the United States like never before.
Some commentators see the commencement of the conference and the PCA's creation as arising out of an aristocratic movement to unify European states, not out of the more universal, grassroots peace movement that tried to replace war with law and the application of law through international arbitration (Caron 2000 at 5-6; Tyron 1916 at 513-15). Peace activist James Tryon eloquently explained the distinction between these two peace movements: While European states were busy concluding the Holy Alliance and other alliances among themselves to try to bring peace to Europe, “the desire for peace was [being] cultivated by another kind of Holy Alliance far more consistent in its methods than the first,” which was a global Holy Alliance of “the goodly company of thoughtful men and women who saw the folly of war and educated public opinion against it” (Tryon 1911 at 359). Some commentators have assumed the influence of the grassroots movement on the conference and the PCA’s creation without recognizing the possibility that there was a competing elitist movement that equally could have been the influence (Roberts 2001 at 201); van den Dungen 1995 at 17). From the perspective of that time, one would have expected for these two events to mark the apex of the aristocratic movement, given how Tsar Nicholas of Russia called the conference, aristocratic states had relied on arbitration to a large degree prior to this point, and aristocrats and those under the aristocratic order were among the plurality at the conference. This project will explore the impact of these two movements on the creation of the PCA. 1899年海牙和平会议的召开成功设立了常设仲裁法院（PCA），然而这场和平运动的本质却始终处于不为学界所清楚探知的状态（Grant & Tempeley 1952 at 581-82）。该项目旨在阐明该运动的本质。其意义不仅仅为了填补现有研究的空白且为了更好地理解这一首次依靠法律手段解决国际争端的事件是否源于精英主义或多数主义。该项目将有助于提高国际争端解决的合法性。为此，该项目将前所未有的将自1898至1899年法国、德国、荷兰、英国和美国的会议记录和外交信函做为重点研究对象。 部分评论家认为1899海牙和平会议的召开及常设仲裁法院的设立缘起于统一欧洲的贵族运动，而非源于更具普遍性的，试图以法律取代代替战争并通过适用法律的国际仲裁的草根和平运动 (Caron 2000 at 5-6; Tyron 1916 at 513-15)。和平活动人士James Tryon反复解释了这两类和平运动的区别：当欧洲国家忙于缔结神圣同盟，其他联盟也试图将和平带至欧洲的同时，另一种其方法更为一致的，由考虑周全的，见识到战争的愚蠢并教育公众反对战争的男女们所组成的全球神圣同盟兴起了(Tryon 1911 at 359)。虽然部分评论家假设了草根运动对于1899海牙和平会议的召开及常设仲裁法院的影响，一个同样能对此造成影响的精英运动的可能性却没有被充分认知 (Roberts 2001 at 201; van den Dungen 1995 at 17)。 从当时的角度来看，鉴于俄国沙皇如何称呼1899和平会议，这两个件事（1899海牙和平会议的召开及常设仲裁法院的设立）标志着欧洲贵族运动的巅峰。贵族国家于1899年之前就在很大的程度上依赖仲裁解决争端，且贵族及贵族秩序下的人在该和平会议中占多数。该项目旨在于探究1899和平运动及1899海牙和平会议对于设立常设仲裁法院的影响。 |
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| Realisation of objectives: | This project has produced five deliverables. The first deliverable a complete book manuscript (entitled Discreet Charm in the Republican Creation of the Permanent Court of Arbitration), which consists of 92,695 words or 206 pages, not including a bibliography, index or appendices. It was written with a co-author Guillermo Coronado Aguilar. The book currently is under consideration with Cambridge University Press. The second deliverable is a sole-authored article (entitled The Permanent Court of International Justice in Global History), which consists of 12,780 words or 29 pages. It was published volume 33 of the Duke Journal of Comparative & International Law in 2023, and it appeared on pages 151 to 179. The third deliverable is a complete article (entitled Aristocrats in Arbitration: Did Political Institutions Affect Inter-State Arbitration Before or After the 1899 Hague Peace Conference), which consists of 24,041 words or 68 pages. It was written with two co-authors Arthur L.W. Cheung and Bryane Michael. The article currently is under consideration with the American Journal of International Law. The fourth deliverable is a paper presentation on a panel (entitled “The Role of Peace Movements in the 1899 Creation of the Permanent Court of Arbitration”), which was presented at the International Conference at City University London and London School of Economics entitled “International Rethinking the Past and Present of Liberal Internationalism,” in London, United Kingdom on May 11-13, 2023. This paper was co-authored by Guillermo Coronado Aguilar. The fifth deliverable is another paper presentation on a panel (entitled “The Role of Peace Movements in the 1899 Creation of the Permanent Court of Arbitration”), which was presented at a Swiss National Science Foundation Workshop entitled “New Directions in the Theory & History of International Law” at the Graduate Institute of International and Development Studies, Geneva, Switzerland, on June 2-3, 2022. This paper was a sole-authored paper. I also have been able to enter into collaboration concerning this project while on sabbatical leave from September to December 2023, both as a Weatherhead Scholar at the Weatherhead Center for International Affairs at Harvard University and as a Visiting Scholar at the Saltzman Institute of War and Peace Studies at Columbia University. I have been able to share my research and ideas on this project with other Scholars and faculty members at Columbia and Harvard. It has helped me develop my research and develop my network of colleagues at Harvard and elsewhere. These five deliverables make it so that I have far exceeded the objectives of this project, which only envisioned one article and one conference. With a total of 129,516 words with just the book and article and a grant of HK$291,904, I was able to produce 1 word for every HK$2.25 of grant money. I would be surprised if this rate does not rank towards the top of grant holders. I was not able to publish the book and second article in time for this report because editors take their time in reviewing manuscripts, and it is difficult to rush them. I have done my best to get these deliverables to the publishers as soon as possible. I am confident that they will be published with an excellent publisher and journal. Had I been granted the full amount of time that I originally requested, I would have had these publications in time for the final report. I have done my best with the limited time that I was allotted. I also would note that my wife had a sudden cardiac arrest in May 2023 while on annual leave. This meant that I needed to spend time with her and my children in the hospital while she was recovering. I am unsure of how much this impacted my timeline. Nevertheless, I did the best I could in meeting, even exceeding, the objectives of this project. As the project stands now, everything is finished, and I am just waiting to hear back from editors and publishers with their decisions on the book and one article. They may ask for changes to the manuscripts, and I will deal with those requests when they arrive. I do not anticipate it being a problem meeting their expectations. | ||||||||||||||||
| Summary of objectives addressed: |
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| Research Outcome | |||||||||||||||||
| Major findings and research outcome: | 1. Sole-Authored Article entitled "The Permanent Court of International Justice in Global History" The Permanent Court of International Justice’s contributions often are overshadowed by the fact that it was the predecessor of the overwhelmingly important International Court of Justice. This article is the first to look at the Permanent Court’s possible contribution to global history in its own right. It provides compelling support for liberal institutionalism and the notion that global history has been influenced by actors other than states, even though states remain the main shapers of global history. 2. First-Author Co-Authored Book Manuscript entitled Discreet Charm in the Republican Creation of the Permanent Court of Arbitration This book takes a deep dive into the historical archives to determine the relative influence of the elite-driven aristocratic peace movement and the republican peace movement on the Permanent Court of Arbitration’s creation. With data from historical archival materials pointing the way at every stage, this book shows that the PCA’s creation story is more about the success of the republican movement than the aristocratic movement. 3. First-Author Co-Authored Article entitled “Aristocrats in Arbitration: Did Political Institutions Affect Inter-State Arbitration Before or After the 1899 Hague Peace Conference? In a way that aims to be accessible to non-statisticians, this article has shown that there is a statistically significant relationship between respondent-appointed aristocratic arbitrators on a tribunal and outcome against the aristocratic party, as well as a statistically significant relationship between no respondent-appointed aristocratic arbitrators on a tribunal and outcome in favor of the claimant, but only in inter-state arbitrations before the 1899 Hague Peace Conference for both of these relationships. Non-statistical qualitative work by the corresponding author elsewhere suggests that that change might have been due to an increase in competition in the inter-state-arbitration space coming from non-aristocratic elements in society, mostly right before, during, and after the 1899 Hague Peace Conference. At or around that time, aristocratic arbitrators collectively realized that they needed to stop finding against the aristocratic parties who kept appointing them in the first place, signaling an end to or at least a softening of their full commitment to the idea of noblesse oblige in this context. | ||||||||||||||||
| Potential for further development of the research and the proposed course of action: |
I envision writing another book that continues on from the one associated with this project. The Netherlands’ political capital of the Hague hosted a watershed peace movement between the end of the 19th century and the first quarter of the 20th century. The resulting accomplishments from that movement represent some of the key normative and institutional developments that govern international law and international relations today. American industrialist Andrew Carnegie features prominently in the history of that peace movement, inasmuch as he donated a vast sum for the creation of the Peace Palace, among other things. Historians largely have overlooked the contributions of other Americans to this peace movement. The future project will uncover and analyze the contributions of residents of the New York City area to this peace movement, with the hypothesis being that New Yorkers provided crucial intellectual and financial leadership to this effort. Given the emphasis on international arbitration in the New York City area and in the Hague peace movement during this period, it even may be possible to see the Hague peace movement as an extension of what was occurring in New York City at that time. | ||||||||||||||||
| Layman's Summary of Completion Report: | All of the deliverables for this project have pushed the boundaries of our understanding concerning (1) the social forces at play on the Hague Peace Movement at the turn of the 20th century, and (2) the norms that came out of that Movement. In particular, the Hague Peace Movement created the Permanent Court of Arbitration, the Permanent Court of International Justice, and the Peace Palace, all of which have fulfilled an important role in our international legal order. By better understanding these social forces and the impact of these institutions, they gain greater legitimacy and we gain greater understanding of how decisions in these types of institutions are made. | ||||||||||||||||
| Research Output | |||||||||||||||||
| Peer-reviewed journal publication(s) arising directly from this research project : (* denotes the corresponding author) |
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| Recognized international conference(s) in which paper(s) related to this research project was/were delivered : |
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| Other impact (e.g. award of patents or prizes, collaboration with other research institutions, technology transfer, etc.): |
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| SCREEN ID: SCRRM00542 |