The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1915-08-14

A&O0O1L W
Any such injunction Of the international high
court shall be, binding. and shall be enforc-
able in the same way as a judgment Of the
court. in the manner hereinafter described.
Immediate Publicity for All Treaties,
Existing and Future
Is. No treaty or agreement between two or
more independent sovereign States shall be
deemed to confer any right to invoke the in
ternational high court, or shall be treated as
valid. or be in any way recognized by the
international council or the international. high
court, shall be held to confer any rights
to impose any obligations, to change the
status or legal rights OF any person. company.
subordinate administration, district or State.
unless duly authenticated copy of such
treaty agreement has been deposited by
one all OF the States that parties to it.
in the registry of the international high court.
within twelve months from the date Of these
articles, in accordance with any rules that
may from time to time be made by the court
for this purpose; or in the case of a treaty
or agreement hereafter made within three
months from the date OF such treaty or
agreement.
1t shall be the duty of the officer in charge
OF the registry Immediately after deposit to
allow the duly accredited representative OF
any constituent State to inspect any copy any
treaty or agreement deposited; and
promptly to communicate COPY to the inter.
national secretariat for publication in the
official gazette.
Undertaking to Submit All -Justiciable
Questions to the International
High Court.
16. The constituent States severally under.
take and agree to submit to the international
high court for trial and judgment every ques-
ton, difference or dispute coming within the
definition of a justiciable question laid
down by these articles that may arise be-
tween themselves and any other Independent
sovereign State or States; and at all times to
abstain in respect of such questions, from
anything in the nature of an ultimatum; from
any threat to take unfriendly or aggressive
action Of any kind with a view to redressing
the alleged grievance or Furnishing he alleged
wrongdoing: and from any violation of the
territory OF any other State attack on the
ships OF such State or other military or naval
operat tons, or other actions leading or likely
to lead to war.
The committee suggests the insertion o,
this additional article:
Provision for Abrogation of Obsolete
Treaties.
lea. Provided that any constituent State
may at any time, whether before or after any
question, dispute or difference has arisen on
the subject with one or more other States.
claim to have it declared that any treaty
agreement to which it is party has become
obsolete, wholly or in part, by reason of the
subsequent execution of another treaty or
agreement by which the earlier treaty or
agreement has been substantially abrogated,
or by reason of one or other independent SOW.
ereign State concerned in such treaty or
agreement having ceased to exist such, or
by reason OF such a change Of circumstances
that the very object and purpose for which all
the parties made the treaty or agreement
no longer be attained. When such claim is
made by either of the parties to a question.
dispute difference, either party may in.
stead of submitting the question, dispute or
difference as justiciable issue to the inter-
national high court, in the alternative bring
before the international council sitting as a
whole its claim to have the treaty or agree
ment declared to be obsolete, wholly or in
part; and shall at the same time submit the
question, dispute difference non-justi-
ciable issue to the international council Sit
ting whole.
The council shall promptly take into con-.
sderation any claim by constituent State
to have any treaty or agreement declared
obsolete, whether or not any question: dispute
or difference has arisen in connection with
the subject, and shall take such steps it
may deem fit to ascertain the facts of the
case, and may on any Of the grounds afore-
said decide by resolution Query. passed by a
three-fourths majority, or threefourths ma
jority including all the eight great Powers),
that the said treaty or agreement is wholly
or in part obsolete and ought to be abrogated.
and in that case the said treaty or agreement
shall be deemed to have been abrosated to
such extent and from such date, and subject
to such conditions as may be specified in the
resolution of the council
If the council passes such resolution as
aforesaid and if any question, dispute or
difference has been submitted to the council
in connection with the subject, the council
shall thereupon promptly deal with the ques-
ton, dispute or difference a non-justiciable
issue in conformity with these articles.
Note to Article 16a.
1t seems If some such proviso as is here
tentatively suggested were required, IL all
existing treaties and agreements are to be
registered and made the basis for potential
legal proceedings before the International high
court. It has not always been customary in
treaties specifically to repeal or abrogate the
provisions of former treaties; and there is
hardly ever any limit set to their endurance
There is saying what weird cases might
not be founded on the various clauses of the
Treaty of Westphalia (164S), or on those Of