New-York tribune., 1919-03-31


relate to the reduction of ornaments,
and Article XIX, which relates to
mandatories, all the other important
articles in the agreement are designed
to make effective the conference of the
powers resulting from the submission
OF dispute upon a question of policy
under Article XIV. Especially impor-
tant among these ancillary articles is
Article XII, which declares war or threat
of war to be a matter of concern to the
whole league. Article XII, which pro-
hibits going to war without the sub
mission OF the dispute and without al
lowing time for it's settlement or con-
trary to a unanimous recommendation
of the executive council or an award Of
arbitrators Gf there shall have been an
arbitration), and Article XVI, which
of Article XII, by economic boycott, or,
should the powers choose to do so, by
military force.
Provisions Well Devised
think these provisions are we'll de-
vised and should be regarded as free
from any just objection, so far as they
relate to the settlement of the political
questions at which they are really
AIMED. The provisions, which, taken to-
gether, accomplish this result are of
the highest value. They are developed
naturally from the international prac-
tice of the past. They are great step
forward. They create an institution
through which the public opinion Of
mankind, condemning unjust aggres-
sion and unnecessary war, may receive
effect and exert it's power for the pres
ervatlon OF peace, instead of being dis
sipated in fruitless protest or lamen-
tation. The effect will be to make the
sort of conference which Sir Edward
Grey tried in vain to get for the pur-
pose of averting this great war-obliga-
tory, inevitable, automatic I think
everybody ought to be in favor of that.
l repeat that this scheme for the
settlement Of political questions, such
as brought about the present war; is
of very great practical value, and it
would be a sad thing if this oppor-
tunity for the establishment of such
a safeguard against future wars should
be lost.
Has Serious Defects
This plan of automatic conference,
however, is accompanied by serious de-
fects.
The scheme practically abandons all
effort to promote or maintain anything
like system of international law, or a
system Of arbitration or of judicial set
tlement, through which a nation can
assert its legal rights in lieu of war. 1t
is true that Article XIII mentions arb-
tration. and makes the parties agree
that whenever a dispute arises (Which
they recognize to be suitable for sub
mission to arbitration" they will sub
nit it to q court "agreed upon by the
parties" That, however, is merely an
agreement to arbitrate when the
parties choose to arbtrate, and it is
therefore no agreement at all. 1t puts
the whole subject of srbitration back
where it was twenty-five years ago.
Instead of perfecting and putting teeth
into the system of arbitration provided
for by the Hague conventions, it
scrap heap. By covering the ground
of arbitration and prescribing a new
test of obligation, it apparently by
virtue of the provisions of Article XIV
abrogates all the 200 treaties of arbi-
tration by which the nations of the
world have bound themselves with
each other to submit to arbitration all
questions arising under international
law, Or upon the Interpretation OF
treaties.
Not Judicial Body
1t is to be observed that neither the
executive council nor the body of dele
gates to whom disputes are to be sub
mitted under Article XIV of the agree
ment is in any sense whatever JUDI
cial body or an arbitral body. Its
function is not to decide upon any
body's right. 1t is to investigate, to
consider and to make recommends
tions. 1t is bound to recommend what
it deems to be expedient at the time.
1t is the states which act, and not the
| inNiuiIuo1c rTbo
of each member is a political obliga-
tion as the representative of state.
This is method very admirable for
dealing with political questions; but
it is wholly unsuited to the determina-
tion of questions Of right under the
law of nations. 1t is true also that Ar
ticle XIV mentions Court Of Intcrna-
tional Justice, and provides that the
executive council should formulate
plans for such court, and that this
court shall when established be COM
pctent to determine matters which the
parties recognize as suitable for sub
mission to it. There is no agreement
or direction that such court shall be
established or that any questions shall
be submitted to it.
Says Rules Are Needed
international law is not mentioned
at all, except in the preamble, no
method is provided, and no purpose is
expressed to insist upon obedience to
law to develop the law, to press for
ward agreement upon it's rules and
recognition Of its obligations. All
questions Of right are relegated to
the investigation and recommendation
OF political body, to be determined as
matters of expediency
confess | cannot see the judgment
Of three generations of the wsest and
best of American statesmen concurred
in by the wisest and the best of all
our Allies thus held for naught. / be-
lieve with them that-necessary as
may be the settlement of political
questions upon grounds of expediency
1t IS also necessary to insist upon
rules OF international conduct founded
upon principles, and that the true
method by. which public right shall
be established to control the affairs
OF nations is by the development Of
law, and the enforcement of law. ac
eording to the judgments of impartial
tribunals. / should have little conf
dcnce in the growth or permanence of
an international organization which
applied no test to the conduct of ma
tions, except the cxpedicncy of the
moment.
Proposes First Change
The first change which should make
IN this agreement accordingly would
be to give effectiveness to the judicial
settlement of international d;en,,to.