East Oregonian : E.O. (Pendleton, OR) 1888-current, 1919-07-15
ARBITRATION


Senator Lodge objected to theoria,i
nal League covenant upon the grount
that it bound us to submit every pos
sible international dispute or differ
ence either to the League court or [,
The control of the Executive Council
of the League. Senator Root, on tn,
other hand. objected that it ban
doned the principle of compulsory ar.
bitration for which the American del.
egation contended in the Second
Hague Conference. and failed to es.
tablish permanent court of arbitra.
ton. BY the revised Covenant CAR
ticle KID.
The members of the League
agree that if there should arise
between them any dispute likely
to lead to a rupture, they will
submit the matter either to arbi-
tration OF to inquiry by the Coun-
Gil, and thy eagreed in no case to
resort to war until three months
after the award by the arbitrators
or the report by the Council"
This provision clearly adopts the
principles contended for by the Am
erican delegates to The Hague. 1t
is supplemented by Article XIII,
whereby it is agreed that whenever
any dispute shall arise between MEM
bers OF the League, which they recog-
nlze to be suitable for submission to
arbitration, and which cannot be sat
isfactorily settled by diplomacy, they
will submit the whole subject matter
to arbitration; and by Article XIV,
which requires the Council to formu-
late and submit to the members of
the League for adoption plans for
the establishment of q permanent
court of international justice. which
shall be competent to hear and de-
termine any dispute of an interna-
tionai character which the parties may
submit to it, and which may also give
an advisory opinion upon, any dispute
or question referred to it by the Coun-
Gil 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 a justiciabl BILE character,
which he defined to be
disputes as to the Interpretation
of a treaty, as to any question of
international law, as to the ex-
istence of any fact which, if es-
breach of any international obli-
cation, or as to the nature and
extent of the reparation to be !
made for any such 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
"a wv nj Ta
suitable for submission to arbi-
tration;'
and further, that for the consideration |
Of any such dispute, the court of |
to which the case is re- |
ferred shall be the court agreed on by |
the parties to the dispute, or stipu-
ated to any convention existing be- /
.ween them. If, however, the parties /
o any such dispute should fail vol
lntarily to submit it to arbitration,
hey are bound, by Article XIV, to
submit it to the Council. In that
went, the Council is to endeavor to
Effect a settlement, and if it fail to do
10, then it may either unanimously,
,r by a majority vote. publish a re-
,ort containing a statement of the
acts of the dispute and the recon-
nendations deemed just and proper
n regard thereto. If the report is
agreed to by all the
Members of the Council, except those
the disputants, the mem
ers agree not to go to war with any
arty to the dispute which complies
Nth the recommendations of the re-
ort. The Council may also refer any
uch dispute to the Assembly, Nand
hall so refer it at the request of either
arty made within fourteen days after
he submission of the dispute to the
,ouncil.
Defects Not Irreinediable
The defect in this plan is that it
ails to lay down any rule binding
pom the Council or the Assembly
Or the determination of disputes of a
Isticiable nature. This omission is :
omewhat emphasized by the provi- :
ion in Article XIV, that
'.if the dispute between the par
ties is claimed by one of them,
and is found by the Council to :
arise out of a matter which by in
ternational law is solely within
the domestic jurisdiction of that
party. the Council shall so report,
and shall make no recommended :
ton as to its settlement"
In this case, the Council must be
1verned in it's decision by interna- Z:
onal law. whereas there is no such :
revision in express language made
nding upon the Council or Assembly
ith respect to arriving at their rec
or report concerning
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