Download as pdf or txt
Download as pdf or txt
You are on page 1of 43

Mechanics of Flow-Induced Sound and

Vibration Volume 2_ Complex


Flow-Structure Interactions William K.
Blake
Visit to download the full and correct content document:
https://textbookfull.com/product/mechanics-of-flow-induced-sound-and-vibration-volu
me-2_-complex-flow-structure-interactions-william-k-blake/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...

Fluid Structure Interactions Volume 2 Second Edition


Slender Structures and Axial Flow Michael P. Paidoussis

https://textbookfull.com/product/fluid-structure-interactions-
volume-2-second-edition-slender-structures-and-axial-flow-
michael-p-paidoussis/

Fluid Structure Sound Interactions and Control


Proceedings of the 3rd Symposium on Fluid Structure
Sound Interactions and Control 1st Edition Yu Zhou

https://textbookfull.com/product/fluid-structure-sound-
interactions-and-control-proceedings-of-the-3rd-symposium-on-
fluid-structure-sound-interactions-and-control-1st-edition-yu-
zhou/

Fluid Structure Sound Interactions and Control Yu Zhou

https://textbookfull.com/product/fluid-structure-sound-
interactions-and-control-yu-zhou/

Microscale Flow and Heat Transfer: Mathematical


Modelling and Flow Physics Amit Agrawal

https://textbookfull.com/product/microscale-flow-and-heat-
transfer-mathematical-modelling-and-flow-physics-amit-agrawal/
Load Flow Optimization and Optimal Power Flow 1st
Edition J. C. Das

https://textbookfull.com/product/load-flow-optimization-and-
optimal-power-flow-1st-edition-j-c-das/

Flow-induced Vibrations: an Engineering Guide : IAHR


Hydraulic Structures Design Manuals 7 First Edition
Eduard Naudascher

https://textbookfull.com/product/flow-induced-vibrations-an-
engineering-guide-iahr-hydraulic-structures-design-
manuals-7-first-edition-eduard-naudascher/

Volume Profile Market Profile Order Flow Next


Generation of Daytrading 1st Edition Johannes Forthmann

https://textbookfull.com/product/volume-profile-market-profile-
order-flow-next-generation-of-daytrading-1st-edition-johannes-
forthmann/

Fundamentals of Multiphase Heat Transfer and Flow Amir


Faghri

https://textbookfull.com/product/fundamentals-of-multiphase-heat-
transfer-and-flow-amir-faghri/

Acoustics Sound Fields Transducers and Vibration 2nd


Edition Leo Beranek

https://textbookfull.com/product/acoustics-sound-fields-
transducers-and-vibration-2nd-edition-leo-beranek/
Mechanics of Flow-Induced
Sound and Vibration, Volume 2
Mechanics of Flow-
Induced Sound and
Vibration, Volume 2
Complex Flow-Structure Interactions

Second Edition

William K. Blake
Academic Press is an imprint of Elsevier
125 London Wall, London EC2Y 5AS, United Kingdom
525 B Street, Suite 1800, San Diego, CA 92101-4495, United States
50 Hampshire Street, 5th Floor, Cambridge, MA 02139, United States
The Boulevard, Langford Lane, Kidlington, Oxford OX5 1GB, United Kingdom

Copyright r 2017 Elsevier Inc. All rights reserved.

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or
mechanical, including photocopying, recording, or any information storage and retrieval system, without
permission in writing from the publisher. Details on how to seek permission, further information about the
Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance
Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions.

This book and the individual contributions contained in it are protected under copyright by the Publisher
(other than as may be noted herein).

Notices
Knowledge and best practice in this field are constantly changing. As new research and experience broaden
our understanding, changes in research methods, professional practices, or medical treatment may become
necessary.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and
using any information, methods, compounds, or experiments described herein. In using such information or
methods they should be mindful of their own safety and the safety of others, including parties for whom they
have a professional responsibility.

To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any
liability for any injury and/or damage to persons or property as a matter of products liability, negligence or
otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the
material herein.

British Library Cataloguing-in-Publication Data


A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data


A catalog record for this book is available from the Library of Congress

ISBN: 978-0-12-809274-3

For Information on all Academic Press publications


visit our website at https://www.elsevier.com/books-and-journals

Publisher: Joe Hayton


Acquisition Editor: Brian Guerin
Editorial Project Manager: Edward Payne
Production Project Manager: Kiruthika Govindaraju
Cover Designer: Greg Harris

Typeset by MPS Limited, Chennai, India


Dedication

To my wife, Donna
Preface to the Second Edition

It has been 31 years since the publication of the first edition of this book and
I believe that the foundations and fundamentals of the combined subject of
aero-hydro acoustics were well-established at the time of the first edition.
However, in the time since then while there have been developments in those
fundamentals there has also been an extensive growth in applications and
methods of applications. This growth has been made possible by the devel-
opment of computational tools, personal computers, data acquisition hard-
ware and software, and sensors. These were not available at the time of
edition 1. In fact personal tools such as, Matlab, Mathematica, Mathcad, and
Labview, now widely used in academic and commercial applications were
not available to the reader either. The science of aero-hydroacoustic phenom-
ena has really benefitted from the use of simultaneously-collected multichan-
nel sensor arrays as well. Finally, the range of applications has grown under
the combined pulls of consumer awareness and intolerance of noise and
vibration, public legislation requiring noise control, and military needs.
Computational tools have made possible both direct numerical simulations
for research and detailed design engineering applications. I have attempted to
selectively extend the coverage of edition 1 into these new growth areas while
at the same time maintaining the structure and philosophy of the book and not
substantially increasing its size. In some areas the newly developed numerical
technologies have made it possible to conduct “numerical experiments” that
parallel and complement physical experiments, thereby leveraging the capa-
bilities of both. I have used some of these in the areas of jet noise, boundary
layer noise, and rotor noise as examples to address the application of numeri-
cal techniques. I have avoided going into numerical methods, however, since
there are now numerous books on the techniques of computational fluid
mechanics, large eddy simulations, and finite element methods making it
duplicative to address these techniques, themselves.
The formalisms developed here are suitable for evaluation on a personal
computer, but closed-form asymptotic solutions are also given for immediate
interpretation for understanding trends in data. The book is written princi-
pally as a reference work, although it may be used as a teaching aid. The
reader will always find theoretical results supported by step-by-step deriva-
tions that identify any assumptions made. For as many sources of sound as
possible, each chapter is illustrated with comparisons of leading-order formu-
las, measured data, and results of numerical simulations.

xiii
xiv Preface to the Second Edition

In writing the first edition I provided a comprehensive list of references


in each focus area. Each of these I read and integrated into the text. This was
intended in edition 2, but I soon faced the reality that the number of papers
published in any area is now too large to treat in this manner. One journal
has a search engine that provides the user with a year-by-year distribution of
papers published in a selected area. The annual publication rate in one area
increased in that journal by a factor of 10 beginning in 1999 2000.
Accordingly in this edition the list of references has been expanded, but
admittedly less exhaustively than in the first.
As noted above the presentation philosophy and organization of the first
edition has been maintained in this second edition with fundamentals central
to Volume 1 and more complex geometry and fluid-structure interaction the
subjects of Volume 2. Considering Volume 1, an area of addition and change
is in Chapter 3 of Volume 1 where the discussion of turbulence statistics
and jet noise have been changed and expanded; this required an additional sec-
tion in Chapter 2 of Volume 1 on the effects of source convection and
the Doppler effect. Chapters 4 and 5 of Volume 1 have been updated to meet
the needs of the other chapters for which they provide fundamentals.
Chapter 6 of Volume 1 has been revised to present the latest views on bubble
dynamics, cavitation inception, and acoustic transmission in bubbly media.
Regarding Volume 2, we have changed chapter numbering, but not the chapter
subjects. Accordingly, Chapter 1, of this volume, Hydrodynamically Induced
Cavitation and Bubble Noise, now addresses the phenomena related to hull
pressure fluctuations on ships due to extensive propeller cavitation. Chapter 2,
Essentials of Turbulent Wall Pressure Fluctuations, and Chapter 3, Response
of Arrays and Structures to Turbulent Wall Flow and Random Sound, have
been extensively reworked. The section on the use of sensors and arrays has
been moved from Chapter 2, Essentials of Turbulent Wall Pressure
Fluctuations, to Chapter 3, Response of Arrays and Structures to Turbulent
Wall Flow and Random Sound; Chapter 2, Essentials of Turbulent Wall
Pressure Fluctuations, now deals exclusively with the science of boundary
layer pressure and Chapter 3, Response of Arrays and Structures to Turbulent
Wall Flow and Random Sound, deals with response of sensors, sensor arrays,
and elastic structures. Together, these chapters now present the modern views
of turbulent boundary layer wall pressure fluctuations at low wave number,
radiated sound, rough wall boundary layers, and the effects of steps and gaps
on sound. Chapter 4, Sound Radiation From Pipe and Duct Systems, presents
a more comprehensive treatment of flow-excitation and radiated sound from
elastic cylinders, both ducts and shells. This coverage recognizes the capabil-
ity of obtaining modal solutions on personal computers. Chapter 5,
Noncavitating Lifting Sections, and Chapter 6, Noise From Rotating
Machinery, have also been revised, although less extensively so. Turbulence
ingestion noise was not well understood when edition 1 was written; edition 2
provides an expanded treatment for lifting surfaces and propeller fans.
Preface to the Second Edition xv

Chapter 6, Noise From Rotating Machinery, provides more examples of com-


parisons between theory and measurement than were possible for edition 2.
A work of this scope could not have been possible, except for the contin-
ued collaboration, benefit, and support of a large number of professionals in
the field and with whom I have had the privilege of working; unfortunately
many of whom are no longer active. Of these my late mentors, Patrick
Leehey, Maurice Sevik, Gideon Maidanik, George Chertock, and Murry
Strasberg were particularly close. In their place is a host of contemporary
friends and collaborators with whom I have both held discussions and pub-
lished research that has contributed to the development of the many concepts
presented herein. Among these are Hafiz Atassi, David Feit, Stewart Glegg,
Jason Anderson, Marvin Goldstein, Rudolph Martinez, John Muench,
Ki Han Kim, Robert Minniti, Denis Lynch, John Wojno, Joseph Katz,
Theodore Farabee, Lawrence Maga, Irek Zawadzki, Jonathan Gershfeld,
Matthew Craun, William Devenport, Meng, Wang, Douglas Noll, Peter
Chang, Yu Tai Lee, Thomas Mueller, Scott Morris, Yaoi Guan, and William
Bonness. I am especially grateful to Christine Kuhn who has provided a
thoughtful and thorough critique of parts of the work.
Finally the main debts are owed to my wife Donna, who has endured yet
another writing of this book with enduring gifts of love, support, and
patience, and to our daughters Kristen and Helen; all of whom enthusiasti-
cally supported this revision.
Preface to the First Edition

Flow-induced vibration and sound occur in many engineering applications,


yet it is one of the least well known of all the engineering sciences. This sub-
ject area is also one of the most diverse, incorporating many other narrower
disciplines: fluid mechanics, structural dynamics, vibration, acoustics, and
statistics. Paradoxically, it is also this diverse nature that causes this subject
to be widely regarded as one reserved for experts and specialists. A main
purpose of this book, therefore, is to classify and examine each of the lead-
ing sources of vibration and sound induced by various types of fluid motion
and unify the disciplines essential to describing each source.
This book treats a broad selection of flow sources that are widely encoun-
tered in many applications of subsonic flow engineering and provides com-
bined physical and mathematical analyses of each of these sources. The
sources considered include jet noise, flow-induced tones and self-excited
vibration, dipole sound from rigid and flexible acoustically compact surfaces,
random vibration of flow-excited plates and cylindrical shells, cavitation
noise, acoustic transmission characteristics and sound radiation from bubbly
liquids, splash noise, throttling and ventilation system noises, lifting surface
flow noise and vibration, and tonal and broadband sounds from rotating
machinery. The formalisms developed are suitable for computer modeling,
but closed-form asymptotic solutions are emphasized. Many features of this
book have evolved, in part, from the author’s own requirements for integrat-
ing the fundamentals of the subject with the many practicalities of the design
of quiet vibration-free machinery.
To achieve the objective of the book to unify the subject, the second
chapter provides comprehensive analytical developments of the classical the-
ories of aeroacoustics and hydroacoustics. These developments begin with
the equations of motion, progress through derivations of various forms of the
wave equation, and end with the setting down of the formalism of integral
solutions that are valid for sources near boundaries. The formal treatment is
then broadened and applied to various practical source types throughout the
remainder of this book. An important feature of the treatment of real sources
is the random nature of the exciting flows in both space and time. Thus sta-
tistical methods are introduced in these chapters to describe the sound and
vibration generation process in such cases. In summary, this book treats the
essentials of how flow disturbances generate sound in the absence of local

xvii
Hydrodynamically Induced Cavitation and Bubble Noise Chapter | 1 5

0
10 log p2 (f, Δf = 1 Hz) re 20 μPa at 1 m

10

ρ0 P(r)
Sp (r, ω ) r 2
−10

RM
4
0
−20

~ 10 log
f4
−10

ρ0 P(r)
f–0.4 −30

p2 3τ c r 2
−20 f –2

RM
4
−40

10 log
−30
−50
Based on assumed RM = 0.05 cm
−40
0.2 1 10 100 1000
f (kHz)

0.1 1.0 10
ωτ c

FIGURE 1.2 Sound spectrum of cavitation noise generated by a rotating rod 2-in. long,
1/16-in. diameter; Ns 5 4300 rpm. The scale on the left is a sound pressure level; that on the
right is nondimensionalized on tip speed. From Mellen RH. Ultrasonic spectrum of cavitation
noise in water. J Acoust Soc Am 1954;26:35660.

where Δω 5 2πΔ f. The bubble lifetime τ l is unknown but assumed to be


equal to 3τ c in accordance with the observations made in Chapter 6 of
Volume 1 (see Eq. 6.63b of Volume 1). The maximum bubble radius was
observed [8] to be roughly 0.05 cm. Comparison of the dimensionless
spectral density with the ideal function in Fig. 6.15 of Volume 1 shows
that the measurement is only roughly represented by the ideal function.
Perhaps the discrepancy is in part due to the broad distribution of bubble sizes
that probably exists instead of the single bubble assumed for an ideal noise
spectrum. Also, real bubbles collapse in an environment that is subject to a
variation in the local static pressure field of the tips of the rod.
Most methods for scaling hydrodynamic cavitation noise conform in one
way or another to the notions espoused in Section 6.4.3 of Volume 1. In all
attempts at a scaling strategy for cavitation noise, the sound is viewed as
satisfying the linear acoustic theory of a monopole source and the volumetric
acceleration is scaled on parameters of the flow. However, given the number
of hydrodynamic and gas dynamic variables that are known to affect cavita-
tion noise at different frequencies, particularly that from propellers, there
have been multiple scaling proposals made.
The first approach that we consider is that proposed by Strasberg [9]
(although also used by Khoroshev [10]), which is predicated on the assump-
tion that the size of the cavitation region increases linearly with the dimension
of the body, L with the constant of proportionality taken to be the ratio of
6 Mechanics of Flow-Induced Sound and Vibration, Volume 2

the cavitation index to the cavitation inception index and that pressure is the
dependent variable. Then a time scale, analogous to the collapse time of a
cavitation bubble, is
rffiffiffiffiffiffiffi
ρ0
τ5L ð1:8Þ
PN
where PN is either the ambient static pressure or a conveniently defined
scale of it. The length scale Lc of the cavitation zone is a function of K/Ki
and probably of the Reynolds number ℜL ;
 
K
Lc 5 L f ; ℜL ð1:9Þ
Ki
This rule says that cavitation depends on the size of the body and
the ratio of cavitation index to cavitation inception index, Ki /K. Returning
to the equation for the linear acoustic sound field, we can write the sound
pressure, Eq. (2.24b) of Volume 1, in terms of the scaled variables:
   
pa ðr=L; t=τÞ L K t
5 υv ; ; ℜL ð1:10Þ
PN r Ki τ
In the frequency domain this representation has a corresponding spectral
density of general form similar to Eq. (6.66) of Volume 1:
r  rffiffiffiffiffiffiffi ρ0
21  2  rffiffiffiffiffiffiffi
L ρ0 K

Φprad ;ω L 5 P2N φ ωL ; ; ℜL ð1:11Þ
L PN r PN Ki
pffiffiffiffiffiffiffiffiffiffiffiffiffiffi
where φðωL ρ0 =PN ; K=Ki ; ℜL Þ is a dimensionless spectrum function that
is dependent on the type of cavitation. The sound pressure level measured in
a frequency band Δω; p2a ðω; ΔωÞ is then
 2 " rffiffiffiffiffiffiffi  rffiffiffiffiffiffiffi #
L ρ ρ K
p2a ðω; ΔωÞ 5 P2N ðΔωÞL 0
φ ωL 0
; ; ℜL ð1:12Þ
r PN 1 PN Ki

The term in [ ] brackets represents a dimensionless spectrum function


that is a property of the particular cavitation state of the body. This
implies similarity based on equal values of K/Ki rather than equal values
of K and Ki separately. Eq. (1.12) and Eqs. (6.82) and (6.83) of Volume 1
may be shown to be equivalent under the conditions of constant NTe and
pffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffi
Te ~ L= ðPv 2 P0 1 p0 Þ=ρ0 .
The scaling implied by Eqs. (1.10)(1.12) avoids the difficulty that the cav-
itation inception index is not the same both in the model and at full scale. It is
understood, however, that the types of cavitation must be the same at both
scales and at corresponding values of the ratio K/Ki. This model of cavitation
noise assumes that at equal values of K/Ki, the cavity volume scales on L3, but
Another random document with
no related content on Scribd:
Austria-Hungary, Belgium, Bulgaria, China, Denmark, France,
Germany, Great Britain, Greece, Italy, Japan, Luxembourg,
Mexico, Montenegro, the Netherlands, Persia, Portugal,
Roumania, Russia, Servia, Siam, Spain, Sweden and Norway,
Switzerland, Turkey, and the United States of America,
appointed representatives who met at The Hague, on the 18th of
May, 1899, and organized the Conference by electing M. de
Staal, Russian Ambassador, to preside. The United States was
represented by the Honorable Andrew D. White, Ambassador to
Berlin, the Honorable Seth Low, President of Columbia
University, the Honorable Stanford Newel, Envoy Extraordinary,
&c., to The Hague, Captain Alfred T. Mahan, U. S. N., Captain.
William Crozier, U. S. A., and the Honorable Frederick W.
Holls, of New York. The representatives of Great Britain were
Sir Julian Pauncefote, Ambassador to the United States, Sir
Henry Howard, Envoy Extraordinary, &c., to The Hague,
Vice-Admiral Sir John A. Fisher, Major-General Sir J. C.
Ardagh, and Lieutenant-Colonel C. à Court.

{354}

"The Conference at The Hague was a Parliament of Man


representing, however imperfectly, the whole human race. The
only independent ones not represented at the Huis ten Bosch
were the South American republics, the Emperor of Morocco, the
King of Abyssinia, and the Grand Lama of Tibet. That the South
American republics were not represented is not the fault of
the Russian Emperor. Mexico received and accepted an
invitation. Brazil received, but rejected, the invitation to
be present, and so did one other South American republic. The
original Russian idea was to assemble representatives from
every independent government in the world; nor did they even
confine themselves to the secular governments. They were very
anxious that the Pope should also be directly represented in
this supreme assembly. Even with the Pope and South America
left out, the Congress represented more of the world and its
inhabitants than any similar assembly that has ever been
gathered together for the work of international legislation.
That circumstance in itself is sufficient to give distinction
to the Conference at The Hague, which, it is expected, will be
the forerunner of a series of conferences, each of which will
aim at being more and more universally representative. On the
eve of the twentieth century the human race has begun to
federate itself. That is the supreme significance of the
assembly which has just spent two months in the capital of
Holland."

W. T. Stead,
The Conference at The Hague
(Forum, September, 1899).

To systematize and facilitate the discussions of the


Conference, three Commissions or Committees were appointed,
between which the several subjects suggested in the Russian
circular of January 11 (as given above), and agreed to by the
several governments, were distributed. The 1st, 2d, 3d and 4th
propositions of the programme were referred to the First
Commission, the 5th, 6th and 7th to the Second, the 8th
(concerning mediation and arbitration) to the Third. This was
done on the 23d of May, after which the general Conference was
held only at intervals, to receive and consider reports from
the several Commissions, of agreements reached or
disagreements ascertained. This went on until the 29th of
July, when the several Conventions, Declarations, and
Recommendations agreed upon for submission to the governments
represented were summarized in the following "Final Act,"
signed by all:

"In a series of meetings, between the 18th May and the 29th
July, 1899, in which the constant desire of the Delegates
above mentioned has been to realize, in the fullest manner
possible, the generous views of the august Initiator of the
Conference and the intentions of their Governments, the
Conference has agreed, for submission for signature by the
Plenipotentiaries, on the text of the Conventions and
Declarations enumerated below and annexed to the present Act:

"I. Convention for the pacific settlement of international


conflicts.

"II. Convention regarding the laws and customs of war by land.

"III. Convention for the adaptation to maritime warfare of the


principles of the Geneva Convention of the 22nd August, 1864.

"IV. Three Declarations:

1. To prohibit the launching of projectiles and explosives


from balloons or by other similar new methods,

2. To prohibit the use of projectiles, the only object of


which is the diffusion of asphyxiating or deleterious
gases.

3. To prohibit the use of bullets which expand or flatten


easily in the human body, such as bullets with a hard
envelope, of which the envelope does not entirely cover the
core, or is pierced with incisions.

"These Conventions and Declarations shall form so many


separate Acts. These Acts shall be dated this day, and may be
signed up to the 31st December, 1899, by the Plenipotentiaries
of the Powers represented at the International Peace
Conference at The Hague.

"Guided by the same sentiments, the Conference has adopted


unanimously the following Resolution:—'The Conference is of
opinion that the restriction of military budgets, which are at
present a heavy burden on the world, is extremely desirable
for the increase of the material and moral welfare of
mankind.'
"It has, besides, formulated the following wishes:

"1. The Conference, taking into consideration the preliminary


steps taken by the Swiss Federal Government for the revision
of the Geneva Convention, expresses the wish that steps may be
shortly taken for the assembly of a Special Conference having
for its object the revision of that Convention. This wish was
voted unanimously.

"2. The Conference expresses the wish that the questions of


the rights and duties of neutrals may be inserted in the
programme of a Conference in the near future.

"3. The Conference expresses the wish that the questions with
regard to rifles and naval guns, as considered by it, may be
studied by the Governments with the object of coming to an
agreement respecting the employment of new types and calibres.

"4. The Conference expresses the wish that the Governments,


taking into consideration the proposals made at the
Conference, may examine the possibility of an agreement as to
the limitation of armed forces by land and sea, and of war
budgets.

"5. The Conference expresses the wish that the proposal, which
contemplates the declaration of the inviolability of private
property in naval warfare, may be referred to a subsequent
Conference for consideration.

"6. The Conference expresses the wish that the proposal to


settle the question of the bombardment of ports, towns, and
villages by a naval force may be referred to a subsequent
Conference for consideration.

"The last five wishes were voted unanimously, saving some


abstentions.
"In faith of which, the Plenipotentiaries have signed the
present Act, and have affixed their seals thereto. Done at The
Hague, 29th July, 1899, in one copy only, which shall be
deposited in the Ministry for Foreign Affairs, and of which
copies, duly certified, shall be delivered to all the Powers
represented at the Conference."

Great Britain, Parliamentary Publications


(Papers by Command: Miscellaneous,
Number 1, 1899, pages 3-4, 8 and 288-9).

{355}

The accompanying Conventions and Declarations were in no case


unanimously signed, several delegations, in each case,
claiming time for the governments they represented to consider
certain questions involved. The most important of the proposed
Conventions, namely, that "For the Pacific Settlement of
International Disputes," was signed at The Hague by the
delegates from Belgium, Denmark, Spain, the United States of
America, Mexico, France, Greece, Montenegro, the Netherlands,
Persia, Portugal, Roumania, Russia, Siam, Sweden and Norway,
and Bulgaria; but not by Austria-Hungary, Germany, Italy,
Japan, Great Britain, Luxembourg, Switzerland, Servia, Turkey,
or China. Ultimately, however, the great Treaty of Arbitration
was signed by everyone of the Powers represented. The
signature of the delegates of the United States was given
under reserve of a declaration which will be found in the
following excerpt from the general report of the American
Commission. The full text of each of the Conventions is given
below.

"The entire plan for the tribunal and its use is voluntary, so
far as sovereign States are concerned. The only seeming
exceptions to this rule are contained in Article 1, which
provides that the Signatory Powers agree to employ their
efforts for securing the pacific regulation of international
differences; and Article 27, which says that the Signatory
Powers consider it to be a duty, in the case where an acute
conflict threatens to break out between two or more of them,
to remind those latter that the permanent court is open to
them. The obligation thus imposed is not legal or diplomatic
in its nature. These articles merely express a general moral
duty for the performance of which each State is accountable
only to itself. In order, however, to make assurance doubly
sure and to leave no doubt whatever of the meaning of the
Convention, as affecting the United States of America, the
Commission made the following declaration in the full session
of the Conference, held July 25:—

The Delegation of the United States of America, in signing the


Convention regulating the peaceful adjustment of international
differences, as proposed by the International Peace
Conference, make the following declaration:—Nothing contained
in this Convention shall be so construed as to require the
United States of America to depart from its traditional policy
of not intruding upon, interfering with, or entangling itself
in the political questions or policy or internal
administration of any foreign State; nor shall anything
contained in the said Convention be construed to imply a
relinquishment by the United States of America of its
traditional attitude toward purely American questions.' Under
the reserve of this declaration the United States delegates
signed the Arbitration Convention itself. Article 8 of the
Convention, providing for a special form of Mediation, was
proposed individually by Mr. Holls of the United States
Commission. … It is hoped that in particular crises, when the
other means provided by the Convention for keeping or
restoring peace have failed, it may prove to have real and
practical value. It is certain that, by the Continental States
of Europe, it has been exceedingly well received."

General Report of the American Commission.


"Objection has been made to [the International Court of
Arbitration] on the ground that submission to it is purely
voluntary and that no executive authority has been provided to
carry out its decrees. The answer to all such objections is
simply that the power of enlightened public opinion is relied
upon to be amply sufficient for the purpose of insuring
obedience to every just mandate of this Court. In the case of
the United States of America the judgments of the Court,
according to the decisions now in force, will have a
peculiarly binding force. An agreement to submit a case to the
Court cannot be made by the United States, except by way of a
treaty, which, when ratified by the Senate, becomes the
supreme law of the land. In the case of La Ninfa, Whitelaw v.
The United States (75 Fed. Rep., 513), it was decided by the
United States Circuit Court of Appeals in California that by
virtue of the treaty the judgment of the Court of Arbitration
provided for by the terms of the treaty has all the force of a
federal statute, and it is itself the supreme law of the land,
binding upon every individual citizen of the United States,
including all federal and State authorities. For us, at least,
the International Court of Arbitration at The Hague will, if
this view prevails, in reality be the highest possible
tribunal, with an authority binding even on our own United
States Supreme Court.

"Article 27 aims, in a measure, to supply the deficiency of


the provision for obligatory arbitration, in that it declares
it to be the duty of all Signatory Powers to remind anyone or
more of themselves, in case of a threatened dispute, that the
permanent Court of Arbitration is open to them. What
particular effect this particular article will have must be
left to the future. Without modification or reservation the
article, when ratified by the United States, would have
constituted a complete abandonment of the time-honored Monroe
Doctrine. Accordingly the representatives of the United States
declined to sign the treaty, except under a reservation or
declaration, which was solemnly accepted by the Peace
Conference, thus materially modifying the jurisdiction of the
Court [see above]. … By this declaration the Monroe Doctrine
was not only self-guarded, but it was stated and vindicated
more emphatically than ever before in our history, and the
people of this country are, therefore, in a position to
cordially support the International Court of Arbitration,
without the fear that the Court itself, or the fact of its
establishment, may ever be used against this country, or to
the embarrassment of its diplomacy and traditional policy. …

"The effect of the establishment of the Court upon European


diplomacy is necessarily surrounded by great uncertainty. In
a recent review of the work of the Peace Conference I ventured
to use this language: 'It is most encouraging and of the
highest importance that upon the whole Continent the
governments are apparently in advance of public opinion upon
the entire subject of the Peace Conference. The reason is not
far to seek. No man who is fit for the position can to-day
hold a place involving the direction of his country's
international policy without feeling an almost intolerable
pressure of responsibility. To him every remote chance of a
lightening of his burden comes as a promise of blessed relief.
It is a historical fact that none of the obstacles to success
which the Peace Conference had to overcome originated in the
mind of any sovereign or of any high minister of State. In
every case they were raised by underlings without
responsibility and anxious to show superior wisdom by finding
fault. So long as this favorable governmental attitude
continues there is every reason for encouragement.'

{356}

'Continental public opinion, especially in questions of


foreign policy, seems more pliable than ever before, and is as
clay in the hands of a potter, so far as alliances and
sympathies are concerned, when following a popular monarch or
foreign minister.' I have since been assured by the highest
officials of at least two great European Powers, that this
statement meets with their unqualified approval. The sneers of
irresponsible journals and politicians cannot and will not
affect the deliberate purposes of a high-minded and serious
minister of State."

F. W. Holls,
The International Court of Arbitration at The Hague;
a paper read before the New York State Bar Association,
January 15, 1901.

PEACE CONFERENCE:
Convention for the Pacific Settlement of
International Disputes.

TITLE I.
On the Maintenance of the General Peace.

ARTICLE I.
With a view to obviating as far as possible, recourse to
force in the relations between States, the Signatory Powers
agree to use their best efforts to insure the pacific
settlement of international differences.

TITLE II.
On Good Offices and Mediation.

ARTICLE II.
In case of serious disagreement or conflict, before an
appeal to arms, the Signatory Powers agree to have
recourse, as far as circumstances allow, to the good
offices or mediation of one or more friendly Powers.

ARTICLE III.
Independently of this recourse, the Signatory Powers
recommend that one or more Powers, strangers to the
dispute, should, on their own initiative, and as far as
circumstances may allow, offer their good offices or
mediation to the States at variance. Powers, strangers to
the dispute, have the right to offer good offices or
mediation, even during the course of hostilities. The
exercise of this right can never be regarded by one or the
other of the parties in conflict as an unfriendly act.

ARTICLE IV.
The part of the mediator consists in reconciling the
opposing claims and appeasing the feelings of resentment
which may have arisen between the States at variance.

ARTICLE V.
The functions of the mediator are at an end when once it is
declared, either by one of the parties to the dispute, or
by the mediator himself, that the means of reconciliation
proposed by him are not accepted.

ARTICLE VI.
Good offices and mediation, either at the request of the
parties at variance, or on the initiative of Powers
strangers to the dispute, have exclusively the character of
advice and never have binding force.

ARTICLE VII.
The acceptance of mediation can not, unless there be an
agreement to the contrary, have the effect of interrupting,
delaying, or hindering mobilization or other measures of
preparation for war. If mediation occurs after the
commencement of hostilities it causes no interruption to
the military operations in progress, unless there be an
agreement to the contrary.

ARTICLE VIII.
The Signatory Powers are agreed in recommending the
application, when circumstances allow, for special
mediation in the following form:—In case of a serious
difference endangering the peace, the States at variance
choose respectively a Power, to whom they intrust the
mission of entering into direct communication with the
Power chosen on the other side, with the object of
preventing the rupture of pacific relations. For the period
of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in
conflict cease from all direct communication on the subject
of the dispute, which is regarded as referred exclusively
to the mediating Powers, who must use their best efforts to
settle it. In case of a definite rupture of pacific
relations, these Powers are charged with the joint task of
taking advantage of any opportunity to restore peace.

TITLE III.
On International Commissions of Inquiry.

ARTICLE IX.
In differences of an international nature involving neither
honour nor vital interests, and arising from a difference
of opinion on points of fact, the Signatory Powers
recommend that the parties, who have not been able to come
to an agreement by means of diplomacy, should as far as
circumstances allow, institute an International Commission
of Inquiry, to facilitate a solution of these differences
by elucidating the facts by means of an impartial and
conscientious investigation.

ARTICLE X.
The International Commissions of Inquiry are constituted by
special agreement between the parties in conflict. The
Convention for an inquiry defines the facts to be examined and
the extent of the Commissioners' powers. It settles the
procedure. On the inquiry both sides must be heard. The form
and the periods to be observed, if not stated in the inquiry
Convention, are decided by the Commission itself.
ARTICLE XI.
The International Commissions of Inquiry are formed, unless
otherwise stipulated, in the manner fixed by Article XXXII
of the present Convention.

ARTICLE XII.
The powers in dispute engage to supply the International
Commission of Inquiry, as fully as they may think possible,
with all means and facilities necessary to enable it to be
completely acquainted with and to accurately understand the
facts in question.

ARTICLE XIII.
The International Commission of Inquiry communicates its
Report to the conflicting Powers, signed by all the members
of the Commission.

ARTICLE XIV.
The Report of the International Commission of Inquiry is
limited to a statement of facts, and has in no way the
character of an Arbitral Award. It leaves the conflicting
Powers entire freedom as to the effect to be given to this
statement.

TITLE IV.
On International Arbitration.

CHAPTER I.
On the System of Arbitration.

ARTICLE XV.
International arbitration has for its object the settlement
of differences between States by judges of their own
choice, and on the basis of respect for law.

ARTICLE XVI.
In questions of a legal nature, and especially in the
interpretation or application of International Conventions,
arbitration is recognized by the Signatory Powers as the
most effective, and at the same time the most equitable,
means of settling disputes which diplomacy has failed to
settle.

ARTICLE XVII.
The Arbitration Convention is concluded for questions
already existing or for questions which may arise
eventually. It may embrace any dispute or only disputes of
a certain category.

{357}

ARTICLE XVIII.
The Arbitration Convention implies the engagement to submit
loyally to the Award.

ARTICLE XIX.
Independently of general or private Treaties expressly
stipulating recourse to arbitration as obligatory on the
Signatory Powers, these Powers reserve to themselves the
right of concluding, either before the ratification of the
present Act or later, new Agreements, general or private,
with a view to extending obligatory arbitration to all
cases which they may consider it possible to submit to it.

CHAPTER II.
On the Permanent Court of Arbitration.

ARTICLE XX.
With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not
been possible to settle by diplomacy, the Signatory Powers
undertake to organize a permanent Court of Arbitration,
accessible at all times and operating, unless otherwise
stipulated by the parties, in accordance with the Rules of
Procedure inserted in the present Convention.

ARTICLE XXI.
The Permanent Court shall be competent for all arbitration
cases, unless the parties agree to institute a special
Tribunal.

ARTICLE XXII.
An International Bureau, established at The Hague, serves
as record office for the Court. This Bureau is the channel
for communications relative to the meetings of the Court.
It has the custody of the archives and conducts all the
administrative business. The Signatory Powers undertake to
communicate to the International Bureau at The Hague a duly
certified copy of any conditions of arbitration arrived at
between them, and of any award concerning them delivered by
special Tribunals. They undertake also to communicate to
the Bureau the Laws, Regulations, and documents eventually
showing the execution of the awards given by the Court.

ARTICLE XXIII.
Within the three months following its ratification of the
present Act, each Signatory Power shall select four persons
at the most, of known competency in questions of
international law, of the highest moral reputation, and
disposed to accept the duties of Arbitrators. The persons
thus selected shall be inscribed, as members of the Court,
in a list which shall be notified by the Bureau to all the
Signatory Powers. Any alteration in the list of Arbitrators
is brought by the Bureau to the knowledge of the Signatory
Powers. Two or more Powers may agree on the selection in
common of one or more Members. The same person can be
selected by different Powers. The Members of the Court are
appointed for a term of six years. Their appointments can
be renewed. In case of the death or retirement of a member
of the Court, his place shall be filled in accordance with
the method of his appointment.

ARTICLE XXIV.
When the Signatory Powers desire to have recourse to the
Permanent Court for the settlement of a difference that has
arisen between them, the Arbitrators called upon to form the
competent Tribunal to decide this difference, must be
chosen from the general list of members of the Court.
Failing the direct agreement of the parties on the
composition of the Arbitration Tribunal, the following
course shall be pursued:—Each party appoints two
Arbitrators, and these together choose an Umpire. If the
votes are equal, the choice of the Umpire is intrusted to a
third Power, selected by the parties by common accord. If
an agreement is not arrived at on this subject, each party
selects a different Power, and the choice of the Umpire is
made in concert by the Powers thus selected. The Tribunal
being thus composed, the parties notify to the Bureau their
determination to have recourse to the Court and the names
of the Arbitrators. The Tribunal of Arbitration assembles
on the date fixed by the parties. The Members of the Court,
in the discharge of their duties and out of their own
country, enjoy diplomatic privileges and immunities.

ARTICLE XXV.
The Tribunal of Arbitration has its ordinary seat at The
Hague. Except in cases of necessity, the place of session
can only be altered by the Tribunal with the assent of the
parties.

ARTICLE XXVI.
The International Bureau at The Hague is authorized to
place its premises and its staff at the disposal of the
Signatory Powers for the operations of any special Board of
Arbitration. The jurisdiction of the Permanent Court, may,
within the conditions laid down in the Regulations, be
extended to disputes between non-Signatory Powers, or
between Signatory Powers and non-Signatory Powers, if the
parties are agreed on recourse to this Tribunal.

ARTICLE XXVII.
The Signatory Powers consider it their duty, if a serious
dispute threatens to break out between two or more of them,
to remind these latter that the Permanent Court is open to
them. Consequently, they declare that the fact of reminding
the conflicting parties of the provisions of the present
Convention, and the advice given to them, in the highest
interests of peace, to have recourse to the Permanent
Court, can only be regarded as friendly actions.

ARTICLE XXVIII.
A Permanent Administrative Council, composed of the
Diplomatic Representatives of the Signatory Powers
accredited to The Hague and of the Netherland Minister for
Foreign Affairs, who will act as President, shall be
instituted in this town as soon as possible after the
ratification of the present Act by at least nine Powers.
This Council will be charged with the establishment and
organization of the International Bureau, which will be
under its direction and control. It will notify to the
Powers the constitution of the Court and will provide for
its installation. It will settle its Rules of Procedure and
all other necessary Regulations. It will decide all
questions of administration which may arise with regard to
the operations of the Court. It will have entire control
over the appointment, suspension or dismissal of the
officials and employés of the Bureau. It will fix the
payments and salaries, and control the general expenditure.
At meetings duly summoned the presence of five members is
sufficient to render valid the discussions of the Council.
The decisions are taken by a majority of votes. The Council
communicates to the Signatory Powers without delay the
Regulations adopted by it. It furnishes them with an annual
Report on the labours of the Court, the working of the
administration, and the expenses.

ARTICLE XXIX.
The expenses of the Bureau shall be borne by the Signatory
Powers in the proportion fixed for the International Bureau
of the Universal Postal Union.

{358}

CHAPTER III.
On Arbitral Procedure.

ARTICLE XXX.
With a view to encourage the development of arbitration,
the Signatory Powers have agreed on the following Rules
which shall be applicable to arbitral procedure, unless
other Rules have been agreed on by the parties.

ARTICLE XXXI.
The Powers who have recourse to arbitration sign a special
Act ("Compromis"), in which the subject of the difference
is clearly defined, as well as the extent of the
Arbitrators' powers. This Act implies the undertaking of
the parties to submit loyally to the award.

ARTICLE XXXII.
The duties of Arbitrator may be conferred on one Arbitrator
alone or on several Arbitrators selected by the parties as
they please, or chosen by them from the members of the
Permanent Court of Arbitration established by the present
Act. Failing the constitution of the Tribunal by direct
agreement between the parties, the following course shall
be pursued: Each party appoints two Arbitrators, and these
latter together choose an Umpire. In case of equal voting,
the choice of the Umpire is intrusted to a third Power,
selected by the parties by common accord. If no agreement
is arrived at on this subject, each party selects a
different Power, and the choice of the Umpire is made in
concert by the Powers thus selected.

ARTICLE XXXIII.
When a Sovereign or the Chief of a State is chosen as
Arbitrator, the arbitral procedure is settled by him.

ARTICLE XXXIV.
The Umpire is by right President of the Tribunal. When the
Tribunal does not include an Umpire, it appoints its own
President.

ARTICLE XXXV.
In case of the death, retirement, or disability from any
cause of one of the Arbitrators, his place shall be filled
in accordance with the method of his appointment.

ARTICLE XXXVI.
The Tribunal's place of session is selected by the parties.
Failing this selection the Tribunal sits at The Hague. The
place thus fixed cannot, except in case of necessity, be
changed by the Tribunal without the assent of the parties.

ARTICLE XXXVII.
The parties have the right to appoint delegates or special
agents to attend the Tribunal, for the purpose of serving
as intermediaries between them and the Tribunal. They are
further authorized to retain, for the defense of their
rights and interests before the Tribunal, counselor
advocates appointed by them for this purpose.

ARTICLE XXXVIII.
The Tribunal decides on the choice of languages to be used
by itself, and to be authorized for use before it.

ARTICLE XXXIX.
As a general rule the arbitral procedure comprises two
distinct phases; preliminary examination and discussion.
Preliminary examination consists in the communication by
the respective agents to the members of the Tribunal and to
the opposite party of all printed or written Acts and of
all documents containing the arguments invoked in the case.
This communication shall be made in the form and within the
periods fixed by the Tribunal in accordance with Article
XLIX. Discussion consists in the oral development before
the Tribunal of the arguments of the parties.

ARTICLE XL.
Every document produced by one party must be communicated
to the other party.

ARTICLE XLI.
The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal,
with the assent of the parties. They are recorded in the
"procès-verbaux" drawn up by the Secretaries appointed by
the President. These "procès-verbaux" lone have an
authentic character.

ARTICLE XLII.
When the preliminary examination is concluded, the Tribunal
has the light to refuse discussion of all fresh Acts or
documents which one party may desire to submit to it
without the consent of the other party.

ARTICLE XLIII.
The Tribunal is free to take into consideration fresh Acts
or documents to which its attention may be drawn by the
agents or counsel of the parties. In this case, the
Tribunal has the right to require the production of these
Acts or documents, but is obliged to make them known to the
opposite party.

ARTICLE XLIV.
The Tribunal can, besides, require from the agents of the
parties the production of all Acts, and can demand all
necessary explanations. In case of refusal, the Tribunal
takes note of it.

ARTICLE XLV.
The agents and counsel of the parties are authorized to
present orally to the Tribunal all the arguments they may
think expedient in defence of their case.

ARTICLE XLVI.
They have the right to raise objections and points. The
decisions of the Tribunal on those points are final, and
cannot form the subject of any subsequent discussion.

ARTICLE XLVII.
The members of the Tribunal have the right to put questions
to the agents and counsel of the parties, and to demand
explanations from them on doubtful points. Neither the
questions put nor the remarks made by members of the
Tribunal during the discussions can be regarded as an
expression of opinion by the Tribunal in general, or by its
members in particular.

ARTICLE XLVIII.
The Tribunal is authorized to declare its competence in
interpreting the "Compromis" as well as the other Treaties
which may be invoked in the case, and in applying the
principles of international law.

ARTICLE XLIX.
The Tribunal has the right to issue Rules of Procedure for
the conduct of the case, to decide the forms and periods
within which each party must conclude its arguments, and to
arrange all the formalities required for dealing with the
evidence.

You might also like