Daily capital journal. (Salem, Oregon) 1903-1919, 1919-07-02
ARBITRATION

thdt y nouhd US 10 submit eNcfy posi-
bic international dispute or difference
either to the League court or to the
control of the executive council Of the
League. senator Root. on tie otner
hand, objected that il abandoned the
principle of compulsory arbitration for
which the American delegation contend
ed in the second Hague conference, and
failed to establish a permanent court of
arbitration. BY the revised eoYenant
4 ARTICLE KID,
] "The members of the League
agree that if there should arise be-
tween them any dispute likely TO
lead to rupture, they will submit
the matter either to arbitration or
to inquiry by the council, and they
agree in no case to resort to war
until three months after the aMard
/ by the arbitrators or the report by
I the council.
This provision clearly adopts the
pri eiplls contendcd for by the Amer,
lean delegates 20 The Hague. 1t is su,
plemented by Article XIII, whereby it
ms agreed that whenever any dispute
| shall arise between members of the
League, which they recognize TO be suit
able for submission to arbitration, and
which cannot be satisfactorily settled
by diplomacy, they will submit the
whole subject matter to arbitration;
and by Article XIV, which requires the
council to formulate and submit to tine
members of the League for adoption
plans for the establishment OF n perma-
nent court of International Justice,
which shall be competent to hear and
determine any dispute of an intefna-
tional character which the parties may
submit to it, and which may also give
and advisory opinion upon and dispute
or question referred to it by the council
or by the assembly.
Roots Criticism.
Senator Root urged an amendment by
which the members of the League
should agree to refer to arbitration all
disputes of justcable character,
Whlcn ne dctincd TO be
"disputes as to the Interpretation
Of treaty, as to any question Of
International law, as to the exist
cnce of any fact which, if estGb-
lishcd would constitute a breach
of any international obligation, or
as to the nature and extent Of the
reparatiOn to be made for anv useh
breach"
The revised covenant, without spe-
officially adopting that definition, in
Article XIII, declares all disputes of
the character mentioned by Senator
Root to be
'among those which are generally
suitable for submission TO arbitra-
tom;
and further, that for the consideration
of any such dispute, the court of arbi.
tration to which the case is referred
shall be the court agreed on by the par
ties 10 the dispute, or stipulated IN any
convention existing between tl'n. If,
however, the parties TO any such dispute
should fail voluntarily to submit il TO
arbitration, they are bound, by Article
Nv, to submit it to the council. In
that event, the council is to cndepvor
to effect q settlement, and If It fail TO
do so, then it may either unanimously,
or by a majority vote. publish a report
containing a statement of the facts con-
tanning a statement of the facts Of the
dispute and the recommendation deem
ed just and proper in regard therCto.
If the report is unanimously agreed to
by all the members Of the council, cx.
eept those representing the di5putsats,
the members agree not to 90 20 war
with any party to the dispute which
complies with the recommendations of
the report The council may also r.fer
any such dispute to the assembly, and
shall so refer it at the request of either
party made within fourteen days after
the submission Of the dispute 70 the
council
Defects Not Irremsdiable
Thr defect in this plan is that It fails
to lay down any rule binding upon the
council or the assembly for detcrmna-
tion of disputes Of iustieable nature.
This omission is somewhat emphasized
by the provision In Article Nv. that
"if the dispute between the parties
Is claimed by enc Of them, una IS
found by the council to arse oat
OF a matter which BY international
law is solely within The domestic
Jurisdiction Of that party, the eCua-
ell shall so report, aud shall make
no recommendation as to its settle
ment -
In this ease, the council must be gov
erned in its decision by international
law, whereas there is no such provision
in express language made bindiag upon
the council or assembly with respect 70
arriving at their recommendation 1r re-
port concerning disputes, even Of the
nature described in Article XIII, and
defined by Senator Root as jnstieable.
But il can hardly be imagined that
the council would decide, except upon
viii recognized principles Of ialerna-
tioual law, any dispute which involves
the Interpretation Of a treaty, e ques-
tion Of international law. breach u in
ternatioaal obligation, or damages + iou
sash bTesgh L also may feasoaahiy be
rssumed that there viii grow up il the
application Of these provisions a body
e presedeuis. which in themselves win
eonstitata Qualifications nf international