Evening star., 1925-12-08
Court of International Justice.

Pending before the Senate for nearly
three years is the proposal to adhere
to the protocol establishing the Per-
manent Court of International Justice.
A well established line of precedents
mark Americas effort to effect the
establishment Of a court Of this ma.
ture. We took a leading part in lay
/ ing the foundation on which it rests
in the establishment Of The Hague
Court of Arbitration. 1t is that tribu-
nal which nominates the judges who
are elected by the Council and Assem-
bly, OF the League Of Nations.
The proposal submitted to the Sen.
ate was made dependent upon four
conditions, the first of which is that
py supporting the court we do not as
sumo any obligations under the league;
second. that we may participate upon
an equality with other states in the
election Of judges; third, that the Con.
greSS shall determine what part of
the expenses we shall bear; fourth,
that the statute creating the court
shall not be amended without our
consent; and to these have proposed
an additional condition to the effect
that we are not to be bound by ad-
visory opinions rendered without our
consent.
The court appears to be independent
are elected by the assembly and coun-
Gil, but they are nominated by the
Court Of Arbitration. which we as
sisted to create and of which we are
a part. The court was created by a
statute, so-called. which is really a
treaty made among some 48 different
countries, that might properly be
called a constitution of the court. This
statute provides a method by which
the Judges are chosen. so that when
the Court of Arbitration nominates
them and the assembly and council
of the league elect them they are not
acting as instruments of the Court of
Arbitration or instruments Of the
league, but as instruments of the
statute.
Not Paid by the League.
This will be even more apparent if
our representatives sit with the mem
bers OF the council and assembly in
electing the Judges. 1t is true they
are paid through the league though
not by. the league, but by the coun-
tries which are members of the league
and by our country If we accept the
protocol. The judges are paid by the
league only in the same sense that it
could be said United States judges are
paid by the Congress. The court de-
rives all its authority from the statute
and is so completely independent of
the league that it could go on func.
doning If the league were disban anded.
at least until the terms of the Judges
expired.
The most careful provisions are
made In the statute as to the uualifi.
cations of judges. Those who make
the nominations are recommended to
consult with their highest court of
justice, their law schools and acad-
em1es. The judges must be persons
! OF high moral character, qualified to
hold the highest judicial offices in that
country, or be jurisconsults Of recog-
nized competence In International law.
1t must be assumed that these re-
qu1rements will continue to be care
fully met, and with America joining
the countries already concerned 1t is
d1f1cuit to comprehend how human
ingenuity could better provide for the
establishment of a court which would
maintain its independence. It has to
be recognized that independence is to
| considerable extent a matter of
ability, character and personality.
Some effort was made in the early
beginnings to interfere with the inde-
pendence of our Supreme Court. It
did not succeed because of the quality
of the men who made up that tribunal.
View of Advisory Opinions.
It does not seem that the authority
with the independence of the court.
Advisory opinions in and Of them
selves are not harmful. but may be