225 Years to the Jay Treaty: Interstate Arbitration Between Progress and Stagnation

Chapter 9 follows the Canada–US border’s development from 1900 until the 1930s. It surveys the Alaska Boundary Survey, World War I, Prohibition, the Great Depression, and Indigenous resistance to new immigration laws. In the 1920s, the Indian Citizenship Act and National Origins Act extended federal immigration law over Indigenous people, resulting in resistance. Deskaheh (Levi General) gave speeches in Europe to garner support for the Haudenosaunee rights to self-governance. Clinton Rickard helped found the Indian Defense League of America to increase pan-Indigenous resistance to federal policy. Paul Diabo’s legal challenge to the Immigration Service’s interpretation of the Jay Treaty helped entrench Indigenous mobility as a fundamental part of the Canada–US border. As battles over citizenship and prohibition attested, increases in federal personnel did not give either country the ability to ignore popular resistance.

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Jay Treaty

Encyclopedia of U.S. Political History ◽

10.4135/9781608712380.n164 ◽

2014 ◽

Keyword(s):

Jay Treaty

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Inter-State Arbitration in Historical Perspective

The Oxford Handbook of International Arbitration ◽

10.1093/law/9780198796190.003.0035 ◽

2020 ◽

pp. 842-873

Author(s):

Alexis Keller

Keyword(s):

Dispute Settlement ◽

Fourth Moment ◽

International Dispute ◽

Major Turning Point ◽

History Of ◽

Jay Treaty ◽

Definition Of ◽

Settlement Of Disputes ◽

Inter State

This chapter identifies the principal moments when the definition of arbitration and the institutions and techniques associated with it underwent major changes. It specifically highlights inter-state arbitration, yet its proposed historical lessons illuminates the entire field of international dispute settlement. This history can be divided into five distinct moments. The first, which could be described as the ‘Greek moment’, refers to the systematic use of arbitration by Greek cities to resolve their conflicts. The second, covering the period between 1200 and 1400 ad, witnessed the emergence of the first arbitration procedures under the influence of canonical law and acknowledged the growing power of the popes in the settlement of disputes between states. The third, marked by the Jay Treaty of 1794, initiated a major turning point in the history of arbitration, as it confirmed the role of diplomatic commissions in the peaceful resolution of disputes. The fourth moment, which began with the Alabama case (1871), saw the establishment of the first impartial and independent tribunal. Finally, the fifth moment began with the setting up of the Permanent Arbitration Court in 1899 and the harmonization of arbitration procedures.

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