The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-09-15
WORLDS COURT
PLAN OUTLINED
BY THE COUNCIL
Opinion on New Body Is Re-
served by League of Nations
Council in London
SEEK AN AGREEME ENT
Failure to Adopt Satisfactory
Plan to All Nations Could
Be Disastrous, Stated
SEEK AN A EEM ENT

London, Sept. 15.-The headquar-
ters OF the league of nations has
made public the text of the project
TOR permanent court OF international
Justice, as adopted by the Hague COM
mlttee OF Jurists of which Elihu Root
was a member, together with a let
ter from the council of the league to
all governments which have entered
the league of nations.
The council of the league, in it's
letter to the governments says:
'The council does not propose to
express any opinion on the merits OF
the scheme until they had full op-
portunity of considering it,"
1t states, however, that the project
was prepared by a most competent
tribunal, representing widely differ
ent national points of view. It adds:
,"The council would regard an irrec-
oncilable difference of opinion on
the merits of the scheme as an in
ternational misfortune of the gravest
kind. 1t would mean that the league
was probably compelled to admit it's
lncapacity to carry out one of the
most important provisions of the task
which it was invited to perform. The
failure would be great and probably
irreparable; for, if agreement proves
impossible under circumstances ap-
parently SO favorable, it is hard to
see how and when the task of secur-
ing it would be successfully resumed
Fifteen Members in Court
The court is to consist of Is men,
bers; II judges and four deputy
judges. The number of judges and
deputy judges may be hereafter in
creased by the assembly, upon the
proposal of the council Of the league
of nations, to a total of Is judges and
six deputy judges.
The manner Of choosing the judges
by the different national groups is
provided The members of the court
are elected for nine years. The
president and the vice president of
the court serve for three years. The
seat of the court is established at the
Hague; a session shall be called
whenever. necessary by. the president
Of the court, who must reside at the
Hague. The full court of II judges
shall sit, but if II ares not available
nine judges shall suffice to consti-
tute the court. Three judges sit in
chambers annually to hear and de-
termine summary procedure. SAL
aries OF the court are fixed and ex-
penses borne by the league of nations.
Article 81 gives the court jurisdic-
ton over suits between states. The
court is open by right to states be-
longing to the league. Other states
may have access to it under condi-
tions provided by the league.
Provision OF Plan
Article 80 provides that when dis.
pute has arisen between states, and
it has been found impossible to settle
it by diplomatic means, and no agree
ment has been made to choose an
other jurisdiction, the party COM
planning may bring the case before
the court. The court shall, first of
all, decide whether the preceding con-
ditions have been complied with if
so it shall hear and determine the
dispute according to the terms and
within the limits Of the next article.
The questions which the court is
competent to determine. between
members of the league, are given as
follows:
The Interpretation of a treaty.
Any question Of international law,
The existence of any fact which, if
established, would constitute a breach
of an international obligation.
The nature or extent of reparation
to be made for the breach of an in
ternational obligation.
The Interpretation of sentence
passed by the court.
Suggest Temporary Remedy
The court also shall take cogn-
zance of all disputes of any kind
which may be submitted to it by
general or particular convention be-
tween the parties.
The court in considering questions
applies to International conventions,
customs, general prin
ciples of law recognized by civilized
and decisions and teachings
of the most highly qualified publicists
Of various nations.
A state desiring to have recourse
to the court makes application to the
registrar, who notifies the court and
the members of the league. If the
dispute concerns an act which is i'm
the court has power to sug-
gest provisional measures to preserve
the rights of the parties. The hear
ings in court shall be public, and the
decisions of the court shall be by ma
jority of the judges present at the
hearing. In case of tie the presi-
dent casts the deciding vote. The Of
ficial language of the court is French,
but another language may be au-
at the request of parties to
a case.
The draft also provides extended
provision for the recording, revision
of iudgment etc