Evening star., 1923-12-11

In President Coolidge's message to
Congress he commended Ito the IA
vorable consideration Of the Senate
the proposed world court. technical
ly known as the Permanent Court OF
International Justice. ,... .--, -.
He warned that II should not as.
sumo an artificial Importance" for
he explained, "the court Is merely q
convenient instrument Of adjustment
to which we could go, but to which
we could not be brought"
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There Is no division Of opinion a.
to the desirabiiity of maintaining nj
international court to which disputes
between nations may be referred for
arbitration or adjudication: but there
already exists such an institution
growing out of the peace confer
enoes of The Hague. ...
In what essentials will the 'pro-
posed Permanent Court OF Interna-
ttonal Justice differ from The Hague
Permanent Court OF Arbitration
Why has The Hague court failed to
meet international needs? What as
suraiices are offered that the new
court, II established. will accomplish
more than The Hague Permanent
Court of Arbitration has accom-
plishedf .t.
The principle OF international ar
bitration is as old as christendom
II was used frequently In the middle
ages. mr.
In 1884. John Jay, Secretary OF
state of the American Confederation
and throughout washingtons admin
istration under the Constitution, used
Through Jays counsel, the Pres
ident sent to Congress. February .
1880. the first presidential nlessa r.
urging arbitration. and Jay put his
theories into practice by negotiating
the first arbitration treaty with Great
Brit4in--though its unpopularity cost
him most of his personal politica
standing.
Our greatest achievement of ar
bitratton was the settlement OF The
Alabama claims In 1874, demonstrat.
ing to the world the possibilities oi
which would otherwise have ended
only in wars.
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In Is73, upon the initiative Of ar
American publioist. Francis Lieber
publicist, Rolin-Jaequemyns, the In
stituts or International. Law wal
founded. which a year later drafted
q code of arbitrai procedure. II
1894 there was formed, by the CO.
operation of members of the British
parliament and the French chamber
of deputies, an Interpariiamentary
Union. In 1895, this union adopted
resolutions of the Institute of Inter.
national Law, became in 1889 tht
basis of The Hague's Permanent
Court OF Arbitration. The priuci
| plies Of these resolutions We're as fol
lows:
/. National sovereignty remains in
altenable and inviolate.
.. Adherence OF any government II
the creation of permanent interna
tional court must be entirely Solun
tary.
5. All sdhering states must be OIL
| footing of permanent equality be-
fore the permanent internationa
court.
4. The decisions of the interna
tional court must have the force o.
decisions subject TO execution
Under the plan adopted by Th'
| nation chooses four judges. Whose
| names are put upon an eligible lis
OF arbitrators: the disputants Il
choose Ave of these eligible judges
or, In case they cannot agree on tbs
| five, then each chooses two, and thes.
| choose q fifth. The panel OF five
Judges tries that particular case
The judges serve six years.
y
Criticism OF this as a plan for Z
permanent" court has arisen ovel
the idea that it is not permanent
| but is called into existence only wheI
| a dispute arises; that 1t is not a cour