Evening star., 1923-04-28

tinction. They are elected for nine
years, and viii most probably be re-
elected if they give faithful service
This means that men OF exceptional
experience and recognized fitness foi
these most important posts are chosen
at a time OF life, and for term OF
service, which leaves them no motive
but to devote the rest Of their career
to making efficient the administra-
tion of international justice to the
full extent of their ability. If there
is any practicable plan better safe
guarding the essentials of an inter
national court it has never been Sug-
gested!
Entirely Outside League.
In considering the question of the
relation OF the court to the league, II
must be remembered that if there
were no league you would still have
to deal with the states composing the
league. If you are to have a per
manent court, these states should par
ticipate in establishing ii and main
tanning it and in electing its judges
The question would still remain
whether all these states in choosing
Judges should act in one body or
group. whatever you might call 1t. or
not If il were insisted that they
should act In one body upon pre-
cisely the same footing, we Should
return to the old difficulty and get
no court at all. If. on the other hand
you say that the participating states
should act in two bodies or groups,
so that the great powers may nave
"a check upon smaller powers ard the
latter upon the former. then the ques-
tion is. What should the second body
or group be" Whatever you call 1t.
it would be a body or group in which
the great powers would presumably
be permanent members
The fundamental question is wheth-
er the league of nations controls the
court To this there is ready an
swer. The league does not control
the court: that is an independent
judicial body. The league is COM
posed Of states; they. of course, con-
tinuc to exist as states. When the
league acts. it acts under the covenant
which creates the rights and obliga-
tions pertaining to the league. But
when these fifty-two members act in
separate groups to elect Judges. theS
are. as ! have said. not acting under
the covenant. but are following a
course of procedure defined by spe-
to secure the independent and i'm
partial judicial body for which the
world has been waiting.
There are certain other provisions
of the statute of the court which have
been adopted to meet obvious practi-
=.
a participant in the election can he
chosen as Il judge. Judges of the
nationality of each contesting party
retain their right to sit in the case
before the court. If the court in
cludes upon the bench a Judge of the
of one of the parties only.
the other party may select from
among the deputy judges a judge Of
its nationality If there be one. or. if
not. the party may choose judge.
If the court includes upon the bench
no Judge of the nationality of the
parties. each may choose
Judge. If there are several parties in
the same interest they are to be rec
kored. for the purpose of these pro-
visions. as one party only.
May BE Called on for Advice.
The court recognizes that it may be
called upon by the council or assem-
bly, of the league for advisory opin-
ions This is a practice similar to
that which has obtained in most of
the states of New England from CO.
lonial days. 1t now obtains in Massa-
chusetts. New Hampshire. Maine.
Rhode Island, Florida Colorado. and
South Dakota The Permanent Court
of International Justice has adopted
rules upon this subject SO as to as
similate the process so far as possible
to a judicial proceeding and especial
" so as to exclude any supposition
that advisory opinions may be rem
dered in a diplomatic sense and with
out publicity. (See article by Judge
zaticn of the Permanent Court of In
ternational Justice, Columbia Law
Review. Vol. XXI. No. 6. June. 1922.
pages II and 12)
The conclusion is that while the
United States should have the right
t1,a oI1 80 1,I
If it Is to support the permanent
court. that court is established on a
sound basis. 1t is already function
ing. The judges have been elected
a. most distinguished American jurist
being one of them-and they are as
a body Of independent
and qualified jurists as could be
chose.
Fourth. I come then to the final
question: Is there any good reason
why the United States should not
support the permanent court? This
support has been proposed by the
President upon four explicit condi-
tfons. These conditions are:
81. That such adhesion shall not be
taken to involve any legal relation
on the part Of the United States to
the league of nations or the assump-
tion of any obligations by the United
States under the covenant of the
league Oh dTL
of the treaty of Versailles.
I'll. That the United States shall be
permitted to participate through rep
resentatives designated for the pur-
pose and upon an equality with the
other states members, respectively,
of the council and assembly OF the
league Of nations in any and all pro-
ceedings of either the council or the
assembly for the election of judges
or deputy judges of the Permanent
Court of International Justice, or for
the filling OF vacancies.
"III. That the United States will pay
a fair share of the expenses Of the
court as determined and appropriated
from time to time by the Congress
of the United States.
rIV. That the statute for tho Per-
manent Court OF International Justice
adjoined to the protocol shall not be
amended without the consent of the
United States"
Holds 1t Real World Court.
The acceptance of these conditions
will establish that the support Of the
court will not involve entry by the
United States into the league of ma
tions; the participat alton of the United