Evening star., 1923-12-11
IN 'TODAY'S SPOTLIGHT
BY PAUL. y. COLLINS

of Justice" but only Of arbitration
and compromise, for a court Of jus
ttoe is not usually selected by the
dtsputants.. but site permanently and
rules according to laws. while The
Hague court rules not in accordance
with any legal code. but only with
respect for the law"
In an introduction to voiuminous
report of all the decisions Of the Per
manent Court Of Arbitration OF The
Hague. James Brown Scott. director
of the division of International law,
Carnegie EndoMnent for Interna-
"A proposition had been made at
the nrst conference to include a
treaty of arbitration, pledgfng the
powers to submit certain categorfes
reservations CT any kind. The propo-
sitton was rejected. owing to the un-
yielding opposition of Germany. and
article 10 . seemed to register
defeat instead of q triumph. And yet
a triumph It was. because the great
seties OF treaties. beginning with the
treaty Of October IA, 1908, between
Great Britain and France, and in
, Guiding the twenty-six treaties which
Mr.. Root negotiated during his Sec
the reserved right contained In this
article.
I'VE are therefore not justified In
beltttling the permanent court Of The
Hague, which Is In reality per-
ulanant list Of judges. although II is
exact nature Of this institution be
pointed out. Faulty as II 10. it has
advanced the cause of arbitration
more. perhaps, than any single act
1t will be noted that the Permanent
Court Of Arbitration. established by
the first Hague conference does not
undertake to decide causes accord
| ing to any established code of inter-
national law, but only to find a means
of settlement Of disputes-means of
arriving at agreed compromises.
y X 4 x
There Is demand, however, ac-
cording TO some statesmen, for per-
Eianent court OF international justice.
which will not concern itself with
compromises and agreements, either
in court OF out of court, but will de-
eide justiciable questions according
to such International laws as exist.
! Secretary Hughes refers to the critics
| who want to wait for better code
as the "perfectionists," while he
| urges that advantages should be
| taken OF such laws as do exist. look
ing toward .perfecting the laws
/ through experience.
Objectors contend that to appoint
| a court before formulating the laws
+, to be applied by that court. through
international conferences, would be
! parallel to establishing a supreme
/ court before adopting u constitution,
and they claim II would establish a
! tyranny of a supergovernmen unre-
| strained by any law except that of its
own precedents.
x \
The proposed Permanent Court of
/, International Justice is the legal ad-
/ wiser of the league Of nations. and its
i Judges are TO be chosen by the
league. One contention is that If we
| indorse 1t America must at least
| choose one permanent Judge.
The contention is made In answer
to the objection against tndorsing a
| court dominated and chosen by the
| league of nations. that when acting
! as electors of the court Judges the
! Representatives of the league council
! and assembly would not represent the
| league, but would think only of their
| capacity as electors,
| There are advocates of the main
=, tenance of both The Hague Permanent
Court OF Arbitration for all arhitral
cases-not by law, but merely 'in
| respect for law" and also of estab-
! fishing a Prepayment Court of Inter
| national Justice. under the wings OF
| the league, for constituting interna-
| tional laws. Others contend that a
/ code of international law must frs.
/ be created before 10 can be con-
strued. President Coolidge's position
! is of favoring the Court of Justice
| with reservations divorcing 1t from
! the league of nations.
! Copyright. 1923. BY Paul '. CollinSl