Perth Amboy evening news., 1919-06-26
ARTICLES XIV and XIV
Court of International Jusfice

court OF Justice
= b Council is directed by Article
XIV to formulate plans for a perma-
nent Court of International Justice.
Those who are familiar with the de-
bates on this subject at the Hague
conferences, and the difficulties en-
countered there in ~reconciling the
claims of the large and small nations,
Will understand why no attempt was
made to work out a complete plan and
embody 1t in the Covenant. Resort
to this court Is not made obligatory.
1t is to be established as a tribunal to
which disputes of a justiciable char
acter a be submitted for decision by
| consent of both parties. 1t has also
another significant function, for II
consists of q body of jurists whose op-
inion may be sought by the Council or
the Assembly as an assistance in mat
tiers that come before them.
Although the members of the Lea
que do not agree to submit disputes
that may arise between them to this
court or to arbitrators, they must
submit them 30 some organ of the
League. They agree not only to abb
stain from war without such q SUBJ
mission. but positively also to submit
any dispute likely to lead to a rup-
ture to inquiry by the Council or As
sembly, II 1t is not submitted by con-
sent of both parties is required; for in
TO the dispute may demand the in
curry. The matter stands thus. For
arbitration Compliance with the
award being inyofved), the free con-
sent of both parties reqired; for in
CURRY the demand of either; but at the
request of either party the case Is laid
before the Assembly instead of the
Council. The Assembly thus stands in
the position of a jury at Common Law.
Neither party to the dispute can re-
Iuse the inquiry, but either can claim
this form OF trial.
When a dispute is referred to the
Council it begins it's work not in a
judicial capacity, but as a mediator.
1t seeks, no to decide the dispute, but
10 erect a settlement which will often
involve a compromise. In contradis-
tinction to a strictly judicial proce-
dure, which ought to be public, a me-
diation Is more likely to be success
1uI II the parties do not commit them
selves publicly. 1t is often easier to
bring he disputants to an accord If
the negotiations are private; and If
an amicable settlement Is reached it
is not always necessary to make pub
nc the concessions by which it was
attained. In such a case, therefore,
n council Is given discretion to
publish what it may deem appropriate.
Comes Arbitration
III the dispute is not settled by con-
sent OF the parties the function of the
Council is changed. 1t becomes an
arbiter instead of a mediator, and
publishes a report with recommends
tons stating what it deems the just
and proper action for the parties to
take. If the Council is unanimous
texcept for h parties concerned) the
recommendation has a binding effec.
TO TINS extent, that while there Is no
obligation under the Covenant to car
ry 1t out, there Is an express agree
ment not to go to war with any party
which complies with it. Even after
a unanimous recommendation war is
not absolutely prevented, for the ma
ton against which it is made may re-
fuse TO comply with 1t, and there may
be resort to arms. War in such a case
Is not as some people have assert