Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-12-11
FAMOUS JUR|STS
To DRAFT CODE Of
INTERIM IONAL LAW
BY DAVID LAWRENCE
Especial Leased Wire to The Journal-Cop
right, 1924


right, 1924
WASHINGTON, Dec. 9.-DecisiOn
by the council of the League of Ma
tons at Rome to summon fifteen
jurists of world wide fame to draft
a code of international law will re-
ceive the cooperation of America.
For many years the United States
government has been anxious to see
a start made toward the real COdifi-
cation OF international law. Elihu
Root succeeded in including Il clause
to that effect in the Republican ma
tional platform of 1920. Mr.. Harding
was in sympathy with the project,
and both President Coolidge and Sec
rotary Hughes have since empha-
sized it's Importance. Indeed, in the
last message to congress, Mr.. Cool
idge made special paragraph on
the subject which now has been
taken seriously by the League of Ma
tons, whose initiative in calling the
conference is the first practical step
taken since 1909. 1T is pertinent in
view of the action by the League of
Nations council to quote Mr.. Cool
idge's exact words:
COOlidge's Suggestion
Our country should also support
efforts which are being made toward
the codification of international law.
We can look more hopefully, in the
first instance, for research and
studies that are likely to be produc
tive Of results, to a cooperation of
representatives of the bar and mem
bers Of international law institutes
and societies, than to conference Of
those who are technically representa-
tives of their respective govern
ments, although when projects have
been developed they must go to the
governments for their approval.
These expert professional studies are
going on in certain quarters, and
should have our constant encourage
ment and approval"
The league council realized the
truth of Mr.. Coolidge's words about
technical representatives of govern
ments, so in line with his idea the
iurists who will be asked to draft the
new code will not be representative
of governments, but a committee Of
specialists. This is exactly the way
the constitution of the international
court of justice was framed when
Elihu Root was invited as Il jurSt
and not as a representative Of the
American government to sit with
jurists from other countries.
When, however, the committee
concluded its Investigations and
recommended a definite protocol the
latter was submitted to the govern
ments of the, world for approval. so
also may the recommendation of
the international lawyers be submit
ted to the different governments for
ratification. The fact that the
League of Nations took the initia-
tive in summOning the conference
complexities the problem no more
than the action that has been taken
in summoning an international
opium conference or other humani-
tartan activities in which the United
States has participated.
Aid to Peace
The making of a new code of in
ternatiOnal law is in itself one of the
most vital steps toward preserving
peace that has been needed since the
last European war On all sides
there has been agreement to that
effect, but the process has Jagged.
The first and second Hague confer
ences were designed to cOdify the
rules of war, which constitute the
bulk of international law, and the
conference which resulted in what
is known as the declaration of Lon
don in 1909, prepared the last dOcu-
ment on international law to come
from a large gathering of important
powers. The declaration was nor
ratified generally, and those nations
which did ratify it made important
reservations so that when the war
OF 1914 broke out, the belligerents
were disposed at first to adhere, but
later disregarded some of the most
important provisions in the code.
No code seemingly has been
drawn which has been considered
binding in time of war, and the
jurists will have as their major prob
lem the making of such rules as can
be Obeyed in war time. The iurists
will have no difficulty, but the~~ex-
perts in the armies and naVies Of
the countries concerned usually
bring pressure to bear to prevent
ratification of anything which in
hlbits their effeCtivnesS during war
for while it is true that all nations
are bound by the same rules. they
sometimes operate to diminish the
power of a maritime nation with a
large navy more than they do other
nations. But it's a beginning, and
with the peace movement through
out the world growing stronger each
year the navalists and militarists
will find it increasingly hard to
stand in the way of a new code of
international law.