The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-14
Scheme Goes to Nations for
Ratification and Court
May Sit Next Year.
BALFOUR MAKES APOLOGY
Britain, With France and
Japan, Prevented Adoption
of Obligatory Feature.
BY LAURENCE HILLS.

Special Gable 70 THE NEW YORK HERALD.
COPYRIGHT. 1890, by THE NV YORK HERALD
GENEVA. Dec 13.-Under the una
nirnity rule the international court
project, changed as previously indi-
Gated in these dispatches from the
scheme originally decided upon by the
international jurists, by having the
clause obliging both nations party TO
a dispute coming before the court
eliminated, was adopted by the assem-
bly, of the League of Nations this eve
ming. But under an Interpretation
placed upon the assembly delegates
power to really act for their nations,
the international court scheme must
now go to the governments themselves
for the usual ratification before it
takes effect. A majority of twenty
two members must ratify il TO make
it operative. Another weakness in the
court scheme is that no penalty is
provided for a nation refusing to obey
the courts decision.
The United States. although not
MEMBER OF lHe b"bu' ~
subscribe TO IL.
While the plan does not lay down
compulsory jurlsdic1ion the states can
put II into effect by agreement between
themselves Only the opposition OF
Great Britain, France and Japan pre-
vented this being made binding opll-
cation OF the International court plan.
Approved as Amended.
The extraordinary character Of this
assembly was manifested when, In the
face of speech after speech expressive
of disappointment over this elimination
OF the compulsory jurisdiction feature.
not a contrary motion was offered TO
the adoption of the project as amended
and not a dissenting voice was raised
when the question OF approval OF 1t
was put 20 the assembly. Leon Bour-
geois of France and other members OF
the International court committee
pleaded for unanimtty, contending that
the court plan, even as changed was a
marked and great step forward, and
that the compulsory jurisdiction fea-
ture could be added 70 it later, when
the world was better prepared for 1t.
Also he said that the covenant must
be amended first.
AS passed now it is regarded as prob
able that twenty-five States will ratify
the plan within year, thus permitting
the election of the judges OF the court
at the next meeting of the assembly.
which will mean the formal Inaugural
ton of the court soon thereafter.
Realizing that the blame was being
placed Chiefly on his country for depriv-
ing the rt OF compulsory jurisdiction,
Arthur j. Balfour of Great Britain, at
the end of the discussion. made a long
speech, in which he stressed the neces-
sity OF going slowly in all such matters,
and that compulsory jurisdiction should
not be applied in the present state of
international law. which now is subject
TO quick changes. His argument APP
peared to a majority OF persons who
heard It as being weak, but no nation
desired to prevent the realization OF the
court project. knowing that it probably
would be the only concrete measure
which would stand 70 the credit OF this
meeting.
Presupposes League and Council.
The attitude of the United States to-
wards the court scheme remains In
serious doubt among delegates here. as