Perth Amboy evening news., 1919-07-01
Today's Letter a k Up
Defects Not IrrcmcdiabIc

F, The defect in this plan is that it
fails to lay down any rule D1ndlng
upon the council CIR the assembly Tor
the determination of disputes OF q
tjusticiable nature. This omission is
somewhat emphasized by the provo
| sion in Article XIV, h a
"if the dispute between the par
ties is claimed by n OF them,
and is found By the council to
arise out of a ghatter which by
international law is solely with
in the domestic Jurisdiction OF
i that party. the council shall so
report, and shall make no
mendation a to its settlement
In this case the council U De
governed in It's decision py lnterna-
tional law, whereas there is no such
provision in express language made
binding upon the council or assembly
with respect to arriving at their rec
concentrations Or report concerning
disputes, even of the nature described
in Article XIII, and defined by Sena-
tor Root as justiciable.
But it can hardly be imagined that
the council would decide, except upon
well recognized principles Of inter-
national law, any dispute which in
wolves the-intcrpretation of a treaty,
a question of International law,
breach of international obligation, or
damages from such breach. 1t also
may reasonably be assumed that
there will grow mp in the Application
of these provisions a body of prece-
dents, which in themselves VIII con-
stitute codifications of international
law, and thus carry out one OF the
expressed in the preamble;
namely, the firm establishment of the
understandings of international law
as the actual rule Of conduct among
governments.
A Long Step Forward
Article XVI provided that should
any member of the league resort to
war in disregard of the covenants
above referred to, it shall ipso facto
be deemed to have committed an act
of war against all the other members
of the league, involving as a conse-
e 90 the severance OF all trade
or financial relations and the tcrmin-
alton of all intercourse between the
members of the league and the o v
enant-breaking state; CD the expul-
sion from the league of the
breaking state, and CD such military
and naval action as may be agreed
upon by the league.
The amended covenant certainly
has not weakened the provisions OF
the original Articles XI, XII, XIV and
ANls COuSGI H116 nhlSAA w
wrote,
81 think those provisions are well
devised and should be regarded
as free from any just objection SO
far as they relate to the settle
ment of the political questions at
which they are really aimed. The
provisions which taken together
accomplish this result are of the
highest value. They are devel-
oped naturally from the interna-
tional practice Of the past. They
are a great step forward. They
create an institution through
which the public opinion of man
kind, ~condemning unjust agrees
sion a4su unnecessary war, may
receive effect and exert its power
for the preservation of peace. in
stead of being dissipated in fruit
less protest of lamentation."
Indeed, the revised covenant OBJ
viously aims at IL wider field, and
embraces within IT'S scope the settle
ment, not only CT political, but of
legal questions as we'll. 1t is, there
fore, a great Improvement upon the
original scheme.