The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-09-15
LEAGUE PLANS
COURT JUSTICE
Project for Carrying Out In
portant Tasks Proposed
to Member Nations.

London. Sept. 16.--The headquar,
tiers of the league OF nations YESTERDAY
made public the text OF the project
for permanent court OF internationa
justice, as adopted by The Hague
committee of jurists, OF which Elihu
Root was a member, together with q
letter from the council OF the league
to all governments which have en-
tered the league OF nations.
The council, in its letter to the gov
ernments. says:
THE council does not propose TO ex.
prSss any opinion on the merits of the
schor-o until 1t has had a full oppor-
tunity Of considering it,"
1t states. however. that the project
was prepared by a most competent
tribunal, representing widely different
national points of view. II adds:
"The ccIncil would regard as ire
concilable difference OF opinion on the
merits OF the scheme as an interna-
tional misfortune of the gravest kind.
II would mean that the league was
publicly compelled to admit its inca
pacity to carry out one OF the most
4
invited to perform. The failure would
be great and probably irreparable, for,
1: agreement proves impossible under
circumstances apparently 30 favor
able, II Is hard to see how and when
the task OF securing II will be sue
cNssfully resumed"
The council states II will later sub
init Its recommendations TO the as
sembly OF the league of nations.
Some features of the proposed
world court already have been sum-
married from The Hague, but the
draft Civ out yesterday gives the
exact terms OF the entire project. con-
sistlng Of sixty-two articles. divided
Into three chapters. on organization,
competence Of court and procedure. A
preamble states the general purposes
OF the court as follows:
"A permanent court of international
justice to which parties shall have d.
rect access is hereby established, In
accordance with Article XVI of the
covenant of the league of nations.
This court shall be In addition to the
court OF arbitration organized by The
Hague convention In 1899 ana 1907,
and to the special tribunals of arbi-
tration to which states are always at
liberty to submit their disputes for
settlement"
Articles III and III give the member
shtc OF the court as follows:
THE permanent court OF interna-
tional Justice shall be composed of a
body OF Independent judges, elected
regardless Of their nationality, from
amongst persons OF high moral char
acter. who possess the qualifications
required. In their respective countries,
Tor appointment to the highest Judi
cial offices, or are jurisconsults of rec
ognized competence in international
law.
The court shall consist of fifteen
members-eleven judges and four
deputy judges The number OF Judges
and deputy judges may be hereafter
Increased by the assembly, upon pro-
posal OF the council OF tho league of
nations. to a total of fifteen Judges
ana six deputy Judges"
me manner of choosing the Judges
by the different national Rroups 10
provided. The members Of the court
are elected for nine years The presi-
ueht ana the vice president of tho
court serve for three years. The seat
OF the court Ia established Mt Tho
HaSue' n session shall be held each
year, beginning June 15, and an ex-
tinordinary session may be called
whenever necessary by the president
or tho court, who must reside M Tbo
Hague. The full court OF eleven
judges shall sit. but IL eleven are NOT
available, nine judges shall suffloe 70
constitute the court. Three tudgos .,t
nv chambers annually TO hear and de-
tNmine summary procedure. Salaries
VI .ne court are fixed and expenses
borne by the league OF nations.
article III gives the court jurisdiotior
over suits between states. Tho co,,,,
~ open by right to states belonrlng 20
tne league. Other states NAV have scs
cess to II under conditions provided by
Article SS provides:
when a dispute has arisen between
s,a,es. ana u mas been found impos-
Sible TO settle II by diplomatic means.
ana no agreement has been made 10
choose another jurisdiction. the party
complaining may bring the case before
the court. The court shall. first of ali.
decide whether the preceding condi-
uons nave Deem complied with. IL 80.
IL shall hear and determine the dispute
according to the terms and within tho
limits of the next article"
The questions which the court IA
competent TO determine between mem
bers OF the league are given as fol-
THE Interpretation of a treaty.
Any question of international law.
Tho existence of any fact. which. II
established, would constitute n breach
OF international obligation.
THE nature or extent OF reparAtion'
to he made for the breach OF an inter
national obligation.
Tho Interpretation Of sentence
passed by the COURT
The court also shall take cognlzance
of all disputes OF any kind which may
he submitted to Il by general or
particular convention between the par
tea.
The court In considering questions
applies international conventions. in
tcrna tional customs, general principles
OF law recognized by civilized nations,
and decisions and teachings OF the
most highly qualified puhliclsts Of va
rious nations.