The New York herald., 1922-02-13
HOLLAND PREPARES
FOR LEAGUES COURT
International Justice Body to
Convene Wednesday in
The Hague.
NOT FOR ARBITRATION
Permanent Court With That
Function viii Meet in
June.

THE HAGUE. Feb. 1e (Associatei
Press).-Plans are taking shape for the
opening in the Peace Palace on Wednes-
Gay OF the Permanent Court of Inter-
national Justice created by the League
CT Nations
Kobed members will make solemn en-
trance into the great hall of justice {;
are to escort to their seats Queen Will
helmina. Queen Mother Emma and
Prince Consort Henry; the Registrar
will then read the oath which all judges
shall repeat in their order OF precedence.
Speeches are to be made by Foreign
Minister Van Karnebeek. representing
The Netherlands Government.
Dr. b. T. G. Loder, President of the
Court of Justice. will make an address
Of welcome using an attractively carved
gavel presented by Leyden University.
The gavel bears motto of William the
Silent. Prince of Orange: Calm in the
Raging Waters"
Two Courts Separate.
The differences between the two in
ternational courts now established at
a
quently confusing the public, were ex-
planned to the Associated Press corre-
spondent by A. X. E. Hammarskjeld.
the official recorder OF the new court Of
justice set up under the auspices of the
League OF Nations.
The previously created Permanent
Court Of Arbitration will be called upon
next June to decide a case between
Norway and the United States relating
60 ~ I.xrN aOia NJ l.
sitions made by the Emergency Fleet
Corporation Of the United States Ship
ping Board.
1T has been felt for some time that
the Court Of Arbitration was not really
permanent" said Mr.. Hammerskjold.
AN agreement of the parties involved
was required In order to make 1t COM
petent. What was needed was a court
always available consisting of a limited
number OF Judges holding regular ses-
sions and basing their discussions on
defined rules laid down not by the par
ties concerned but by general interna-
tional law or by treaties, or, more gen.
orally. deciding according to the princi-
pies OF law. In other words. what was
needed was a court that would be en-
tirely independent OF the parties con-
cerned In its cases"
Mr.. Hanmarskjold pointed out that
the new court was intended to be q
judicial, and not an arbitrai institution.
The new courts statutes contain an
optional clause whereby the various
members Of the league may acknowledge
the compulsory features of the courts
jurisdiction. Such Acknowledgement has
been given by eighteen States :: Brazil.
Bulgaria. China, Costa Rica. Denmark,
Finland. Haiti. Holland. Liberia. Lithu-
ania, Luxembourg, Norway, Panama,
Portugal. Salvador, Sweden, Switzerland
and Uruguay.
To Accept Findings.
The adherence to this feature by
Brazil was conditioned upon one OF the
great Powers accepting this clause. By
this clause. one signatory in effect con-
cludes a convention with all the other
signatures of the clause agreeing to ac-
cept the courts findings.
This clause constitutes, therefore. tho
serious beginning Of the transplantation
into international domain of the prin-
ciples and jurisdiction that have been
maintained for centuries within the
various states.
"The states will prefer to address
themselves" said Mr.. Hammarskjold.
'.to arbitrators chosen by themselves and
intrusted with the conciliation OF con-
flicting interests on a basis OF legal con-
siderations rather than to have recourse
to a tribunal constituted with a view
to applying the strict principles OF law.
But il is not correct TO say that the old
court Should be regarded as superfiuous
on this account.
There are numerous questions which
States prefer not TO submit to tho pro-
tracted and costly procedure of arbitra-
t,on hut which they probably would
hasten to bring before "A court where
the expenses are not out OF proportion
to the Importance of the affair. Arbi-
tration, from it's very nature, Is means
to solve a certain conflict rather than
be the instrument for the realization
OF Justice. That is both the strength
and weakness of arbitration. But what
arbitration failed to do Is for the new
permanent court to realize"