Evening star., 1925-08-15
An International Code.


A conference for the codif1cation of
International law will soon be pro.
posed by President Coolidge. it is re.
ported from Swampscott, the Summer
White House. Such a conference
doubtless would be Of great value. The
codilcation of law. international or
otherwise, for the better guidance Of
courts and those who appear in them
with causes to try is always desirable.
The proposal now advanced for a
codification of international law has
particular bearing on the Permanent
Court of International Justice, the
World Court, in popular terms. Sena-
Tor Borah of Idaho, chairman of the
Senate foreign relations committee, an
antagonist of the World Court in it's
present form and strongly opposed to
the adherence of the United States to
that court, has demanded that a codi-
fcation of international law be one of
the prerequisites to entry of this coun-
try into the court. 1t is possible,
therefore, that a call for a conference
rional law would make the path of the
proponents of American adherence to
the World Court easier when the Sen
ate has the protocol before it next
Winter
While such codnication is desirable,
In the opinion of eminent jurists and
statesmen in America, it need not be
deemed essential before the United
States agrees to play its part in the
maintenance of the World Court. Dur
ing the history of the nations there
has grown up and developed in more
or less concrete form rules governing
many subjects which arise between
nations for consideration. They are
based on decisions reached and agree.
ments entered into. They constitute
international law" No lawmaking
body of the nations has ever been set
up to make such law. International
law, such as it is, like the old common
law which governs today in English
and American courts, is a growth
The common law, established through
themselves, is admittedly sound, and
found to be fair and just after long
practice. And so with international
law.
Nothing could further the interests
of justice and equity between the ma.
tions to a greater extent than the es-
tablishment of an international court
before which the nations could plead
their causes. 1t has been the dream
of statesmen who believe in justice and
the rule of reason rather than in force
and war.
At the Washington conference on
limitation of armaments a resolution
was adopted to create a commission of
jurists to consider the rules of inter
national law relating to war, particu-
Iarly to determine whether these rules
adequately cover new methods of at
tack or defense resulting from the IN
PRODUCTION of new agencies of war
fare since The Hague conference of
1907. The representatives of the
United States, the British Empire,
aCIdIiSC, 1Ldly duu JdpdH COHCUTreQ In
this resolution. Clearly the purpose
in mind was the codif1cation and the
definite fixation of international law
so far as it relates to war.
The proposal for a conference on in
ternational law now put forward, how
aver, goes much further. It is desired
that the rules and regulations obtain
ing among nations for the peaceful
settlement of differences that may
arise shall be put into more definite
form. Such a conference scarcely
could be expected to make" interna-
tional law, though it might go far
toward the proper shaping of the rules
Of procedure in an international court
CT Justice.
If the codification of international
law can go forward without delay so
much the better. But it should not be
permitted to delay action upon the i'm
portant proposal of American adher-
ence to the World Court