New-York tribune., 1920-10-16

real change this plan makes in the
existing League of Nations for the set
tlement of justiciable disputes. Under
the league, as it is, there is no dis
tinction enforced between issues turn
ing on international law and justice
and those arising in matters of policy
The effect of the present provisions is
that arbitration by board of jurists
is possible only by consent. If the
parties do not consent to arbitration.
then all issues, whether justiciable or
not, go before either the council or
assembly, which consists of political
members, who might find it difficult to
assume the proper judicial attitude
toward justiciable issues. The new
plan compels parties in disputes in
volving justiciable issues, if they do
not consent to arbitration, to go be-
fore this new court as a final resort
and remit to the council or the as
sembly the compulsory hearing of that
on law and equity, but on policy, in
which, of course, compromise is the
only possible solution and in which
diplomatists and politicians are ad-
mirably adapted to reach a satisfactory
result.
An interesting question is likely to
arise in respect to the enforcement Of
submission 20 this new court and of its
Judgments article WI of the cove
nant provides rhst if any member of
the league resort to war in disregard
Of its covenants under Articles XII,
XIII or XIV, it shall be subject to a
universal boycott by all members of
the league and each member of the
league is given the right to declare
and make war against it. The court
provision is contained in Article XIV
and the new court plan purports to be
merely carrying that out, although as
| above shown, it goes far beyond the
limits of its definition in that article.
Conditions of Covenant
Articles XII, XIII and XIV, the breach
of which incurs the penalty of Article
XVI, are:
First-To submit disputes with an
ether member either to arbitration for
award, or to the council, or assembly
for recommendation of a settlement
end not in any Gaze . , make war until
three months after the award or recon-
mendation.
Second-To carry out in full good
faith any award by arbitration that
may be rendered.
Third-Not to resort to war against
the award, or the recommendation of
settlement.
1t would seem reasonable that when
for the final settlement of justiciable
questions the new court is substituted d
IN the league for the council or assem-
( bly, the covenants needed to obtain
submission to the hearing and compli-
ance with the conclusion and to effect a
peaceful settlement should be applied
to aid the new court to maintain its
jurisdiction and give effectiveness to
It's judgments. If doubt arises from
tie dovetailing Of the court plan into
the existing covenants the league, when
1t approves the plan, can, by a very
simple amendment, make this clear.
The council of the league has sub
mltted the report of the plan to the
assembly, not with Il Recommendation
that 1T be accepted as presented, but as
basis for action which it urges.
The proposed court, if accepted, will
be great step forward in the direc-
ton which all jurists desire. 1t will
be triumph for Mr.. Root and Sir
Walter Phillimore. The world will be
indebted to them. Their plan elabo-
rates the opportunity for upholding in
ternational law and furnishes full
opportunity for the growth of that law
through luminous and considered iudp-
ments.
The court is ready to hand tor Mr..
Harding when he becomes President
and is admirably adapted to form the
central feature of the amended league
which he has plainly indicated he seeks
to obtain.
Copyright. 1920, by Public Ledger Co)