The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-14
LATIN AMERICAN DUEL
WITH EUROPE ON COURT
Former Stands for Compul-
sion, but Latter Wins.

GENEVA, Dec 13.-The assembly ac-
compiished~ to-day the first important
constructive act In the work OF the
League of Nations In adopting statute
for a permanent internatlonaI court OF
justice
The adoption OF the plan came after
an oratorical duel. with Latin America
on one side and Europe on the other,
over the question as to whether the
| jurisdiction OF the international court
| ought to be obligatory or voluntary
Raoul Fernandez, Brazil; DR.. Carlos
Drueta. Colombia Harmodio Arias Pan
anna: Aristides Aguero Cuba; senior
Blanco, Uruguay, and Senior Aramayo
Bolivia. insisted with great force upon
the necessity of obligatory jurisdiction
to make the court really effective.
Some of the speakers made reference
to the small majority in the committee
which had forced a large minority to
bend to it's viii. 1t was alsb declared
that the big Powers had used their
greater influence to defeat the most inn
portant features OF the measure. The
greater number of the fifteen speakers
/ were sceptical as to the value of optional
jurisdiction as provided for in the
project.
Leon Bourgeois, France A. ]. Bal
four, England; Dr. George f. Hagerup,
Norway, and Giuseppe Motta, Switzer-
land, defended the plan as the best that
could be set up for a beginning. Mr.
Balfour also made n defence of Europe
against what he termed "a united at
tack"
No country, he said. had been more
strongly in favor of arbitration than
Great Britain. He argued that 1t was
necessary to make q beginning. The
whole project might be rendered -inop-
erative if that beginning were not made
with due regard for certain realities
Though the debate could not change
the viewpoint of the majority, it served
TO relieve the feelings of the delegates.
which had reached a high pitch in the
long discussion in committee.
In reporting the modified plan for the
court, the committee agreed with the
decision of the leagues council at Brus-
sells that it would be- impossible to get
the necessary number of Publications by
members for a plan permitting an ag-
grieved nation TO cite another nation
into court. and it was decided to sub
stitute more flexible plan, under which
a member may agree or not agree to
compulsory arbitration.
The proposal of the Argentine delega-
ton that the arbitration court at The
Hague be abolished was rejected, It
being held that the new court will render
decisions according to the rules and
forms of law, and that an institution or
ganized for purely arbitral decisions
will be required
Ratification of the court plan must be
by majority of the members OF the
league, or % States, this being required
% trf i- inf hot
Senator La Fonataine of Belgium plead
ed with the delegates to secure the rati-
! fications of their governments so that
the judges Of the court might be elected
at the September meeting of the as
sembly.
The clause Of the plan regarding jurls-
! diction reads:
The jurisdiction of the court COM
prises all cases which parties refer to
\ II and all matters specially provided
for in treaties and conventions in force,
Members OF the league and States men
toned in the annex to the covenant
may, either when signing or ratlfying
/ the protocol 10 which the present stat
utes are joined or at later moment.
declare that they recognize as COM
pulsory, ipso facto. and without special
| agreement in relation 20 any other
member or States accepting the same
! oplSatloh, the jurisdiction OF the court
in all or any classes of legal disputes
concerning tho Interpretation of a
treaty. any question of international
! law the existence Of any fact which
1 II established would constitute 81 breach
| or an international obligation. and the
| nature or the extent of reparation for
a breach Of an International obligation.
| Declaration may be made uncondi-
uonally. or condition of reciprocity on
1 the part Of several of certain states
| or for a certain time"