Evening star., 1922-02-11
CITES REAL NEED
FOR NEWEST COURT
Recorder for Latest World
Judicial Points Out Its
characteristics.
BY the Associated Press.

BY the Associated Press.
THE HAGUE, February 10.-The
differences between the two interna-
tional courts now established at The
Hague peace palace. which are fire.
quently confusing to the public. were
explained to the Associated Press COR
respondent by A. K. E. Hammarskjold,
the. official recorded for the new court
of justice set up under the auspices
of the league Of nations and which
will hold it's first public meeting on
February Is. The previously created @
permanent court of arbitration (the
league of nations court Is called the
permanent court of justice). will be
called upon next June to decide case
between Norway and the United States
relating to claims for damages by
by the Emergency Fleet Corporation
Of the United States Shipping Board.
Fixed Body Needed.
"It has been felt for some time that
the court of arbitration was not really
permanent said Mr.. Hammarskjold.
IAN agreement of the parties involved
was required in order to make 1t COM
petent. The parties were represented
on the tribunal by members OF their
own nationality. Even the material
law of the court depended upon the
wishes of the states concerned.
What was needed was court al.
ways available consisting of a limited
sessions and basing their discussions
on defined rules laid down. not by the
parties concerned. but by general in
ternational law or by treaties or, more
generally deciding according to the
principles of law. In other words.
what was needed was a court that
would be entirely independent of the
parties concerned in its cases. court
that might ,5e able vigorously to con-
tribute to the formation and develop
ment of International law by its in
dependent judgments. and that would
constitute a real Jurisprudence"
Intended to Be Judicial.
Mr.. Hammarskjold pointed out that the
new court was intended to be a judicial,
and not an arbitral institution. Other
wise, he said. it would merely duplicate
The Hague court Of arbitration. in favor
Of whose continuance the Paris peace
conference had pronounced
The league of nations courts statutes
contain an optional clause whereby the
various members Of the league may
acknowledge the compulsory features of
the courts jurisdiction. Such acknowl-
edgement has been given by eighteen
states: Brazil, Bulgaria, China, Costa
Rica. Denmark. Finland. Haiti. Holland,
Liberia. Lithuania, Luxembourg. Nor
way, Panama. Portugal. Salvador,
oWeueil, oWltZerlano ana Uruguay. lie
adherence to this feature by Brazil was
conditioned upon one of the great pow
ers accepting this clause. = BY this
clause, one signatory in effect concludes
convention with all the other sig
natories of the clause agreeing to accept
the courts findings.
This clause constitutes. therefore,
the serious beginning of the trans
plantation into international domain
OF the principles and jurisdiction that
have been maintained for centuries
within the various states.
Old Court Not supernuous.
The states will prefer to address
themselves" said Mr.. Hammarsk jold.
to abritrators chosen by themselves
of conflicting interests on a basis of
legal considerations rather than to
nave recourse to tribunal consti-
tuted with a view to applying the
strict principles of law. But it 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
the protracted and costly procedure
ably would hasten to bring before a
court. where the expenses are not
out of proportion to the Importance
of the affair. Those questions are
arising almost daily which affect only
slightly the political action of states
cording to the wishes of the stronger.
To bring disputes of this kind within
the scope of justice and to create
real jurisprudence in those domains
are missions of the new court, which,
in themselves. would suffice to make
1t an extremely important factor.
Not Apprecfable Factor.
Arbitration haa nnf hoar ohlo