Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-28

the most distinguished jurists,
, among ul.om was Mr.. Root This
Advisory Committee of JuristS for
mu'atcd plan for permanent
court. Ihc Ian was considered and
amended in the Council and AS nbl y
of the league. :,Jt its main structure
was retained. While the amended
p'aa was adorted by the Assembly
OF the LcagIr. il could not be put
into effect by action of the League.
In view of the scope Of the plan, it
was necessary to have a special in
ternational agreement on the part
of the states which were willing to
, accept it. Accordingly a special pro-
tCcol or agreement, with the statute
of the court annexed. was drawn up
and sent to the nations for approval.
, | understand that about as states
have signed this special agreement,
and of these about "a states have al
ready ratified it.
"The permanent court is thus an
establishment separate from the
League. having a distinct legal sta
tus created by an independent or
ganic act.
Careful provision has been made
to secure the independence of the
court and to safeguard the appropri-
! ate discharge of its functions as a
| judicial body in accordance with ac-
cepted judicial standards. No judge
; can be removed by the League of
Nations. The statute provides that
in deciding cases the court shall APP
ply international conventions estab-
! fishing rules expressly recognized by
! the c0ntcsting States; international
custom. as evidence of general
1 n 40
| principles Of law recognized by civ
! llizcd nationsA and the judicial de-
| cisionS and teachings of the most
| highly qualified publicists of the vari-
GUS nations, as subsidiary means for
| the determination of rules of law.
! The judgment of the court is to be
, final and without appeal. 1t is ex-
, pressly provided. however, that the
| decision of the court shall have no
! binding force except between the
parties and in respect of the par
ticular case decided. 1t should be
| noted that the council and assembly,
| in ciecting judges. do not act undef
| the covenant OF the League of the
Nations.
The fundamental question is
whether the League ff Nations con-
trolls the court. To this there is a
hNtttS ttii'"'i' Ht ltStSu dOcS ilOt
/ control the court; that is an indie
! pendent judicial body. The league is
composed Of states: they. of course.
continue to exist as states. When
the League acts, it cts under the
covenant which creates the rights
ana Obligations pertaining to the
| league. But when these 81 mem
hcrs act in separate GROUPS to elect
| judges. they are. as | have said. not
acting undcrst he covenant. but fol-
! lowing 4 course of procedure defined
by Il special International agreement
in order to secure the independent
and impartial judicial body for which
the world has been waiting.
Fourth. Is there any good reason
why the United States should not
support the permanent court?
at is objected that it is not a world
! court But in what sense il it not a
world court? Is reference made TO the
number of nations which support it?
! The answer is, as I have already said,
| that about As nations have already
! signed tn" protocol. and If the United
! States adhCrcS, there is every reason
| TO suppose that participation by the
other nations will be brought about,
This should be our aim. 1t is not too
much to say that there will be no