Perth Amboy evening news., 1919-07-01
r.

Senator Lodge objected to the orig
mad league covenant upon the ground
that 1t bound us to submit every pos
sible international dispute or differ
ence either to the league court or to
the control of the executive council
of the league. Senator Root, on the
other hand, objected that it aban-
doned the principle Of compulsory ar
bitration for which the American
delegation commended in the Second
Hague Conference, and failed to es-
tablish a 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 arbitration or to inquiry by
the council, and they agree in no
case to resort to war until three
months after the award by the arbi-
traitors or h 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, where
by it is agreed that whenever any
dispute shall arise between members
of the league, which they recognize
to be suitable for submission to arbi-
tLatiOu, LII Whit JctllnOL Dt 6dt1ldC-
torily 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 a permanent court
Of international justice, which shall
be competent to hear and determine
any dispute of an international char
acter which the parties may submit
to it, and which may also give an adj
yisory opinion Upon any 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 a justiciabIe 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-
tabaished, would constitute a
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-
aA1Nl4y cWAoRIlllS lA<Ll uCilllItlOu, Ill
Article XIII. declares all disputes of
the character mentioned by Senator
to be
among those which are general
ly suitable for submission to ar
bitration;"
and further, that for the ~considera-
ton OF any such dispute, the court of
arbitration to which the case is re-
ferred shall be the court agreed on
by the parties to the dispute, or stip-
ulated in any convention existing be-
tween them. If, however, the parties
to any such dispute should fail vol
UNFAIRLY to Submit it to arbitration,
they r bound, by Article XIV, to
it to the council. In that
event the council is to endeavor to-
effect a settlement, and if it fai1 TO do
4 then it mcEacither Unanimously,
or by a majority vote, publish a re-
port containing a statement of the
facts OF the dispute and the recon-
mendations deemed just and proper
in regard thereto. If the report is
unanimously agreed to by all the
members of the council, except those
representing the disputants, the
members agree not to GO to war with
any party to the dispute which COM
plies with the recommendations Of
the report. The council may also re-
fer any such dispute to the assembly,
and shall SO refer 1t at the request of
either party made within fourteen
days after the submission of the dis
pute to the council.