Evening star., 1925-10-16
z AMERICA
and the
World Court
BY Arthur Cdpper,
Senator from Kansas.

| Whether the United States shall
| join the Al other nations that have
| signed the protocol of the World
Court IL to be determined in the Sen
| ate this Winter. Under agreement, the
World Court proposal comes on Tor
| Senate consideration December IL
| next.
1 have at no time made a secret OF
| my opinion that the Washington Gov
ernment should become member OF
| this peace tribunal, II such member
ship could be attained under terms
that kept us free from the League OF
! Nations. After visit at The Hague
! a few weeks ago, after talks with
! members Of the court and its officials
after my observation OF affairs at
| large in Europe, that opinion has be-
come a firm conviction. Evidence Is
overwhelming that IL the structure OF
civilization is to endure, justice and
not gunpowder must be the bond that
| holds 1t together.
| The Court Of international Justice
| that functions at the Peace Palace Is
court of justice and not court OF ar
bitration. 1t Is distinct from the
Hague Court Of Arbitration. This In
| stitution, in existence since 1889, also
holds it's sessions in the Peace Palace
| 1t functions at intervals as speclnc
causes OF misunderstanding are SUB.
mitted to it, the parties having agreed
in advance to be bound by its hndlngs
Judgments Based on Law.
| In international affairs, as in rela
tions between individuals, arbitration
| is one thing and the processes OF JUS
! tice another. Arbitration Is compro
! mise. Arbitration in one case does
| not establish a rule or precedent IN
another. The court of justice, on the
other hand, has fixed rules OF pro
cedure, and fixed principles OF law as
bases for its judgments.
| The distinction 1 have pointed ou
does not mean that the World Cour'
| may act as court of arbitration
Parties to a dispute, mutually agreed
to arbitrate their differences. may
| submit the case to the court. Bu'
the disputants must submit 1t under
the rules established by the cour'
and with full knowledge that thu
| Judgment of the court Is to be ren
dered according to law and to prin'
ciples of justice and by judges
members Of the court-chosen. no
according to nationality, but because
of their known integrity and recog
nized eminence as jurists and author
tiles in international law and rela
tionships. A distinguished American
| John Bassett Moore, recognized tht
lworld over as an authority in inter
national law, was elected to th'
| bench of the World Court ever
though this country was not and l.
not yet a member Of that tribunal.
| A Step Beyond Arbitration.
The purposes of the World Cour
are broader than mere arbitration
Although arbitration is a long steI
toward civilized relationships betweei
nations, it solves only the immediate
| case in hand. 1t can function only
| by mutual agreement of dtsputants
1t has not established in the worl,
| conscience that the rights of ma
tions as we'll as those of individual
should be under the strong protec
ton of the aegis of justice. There
fore. the Court Of International Jus
| tice-the World Court-was called
! into existence-a tribunal TO func
ton under and TO interpret and t
mete out justice according to inter
| national law.
under the terms of the Harding
opinion. would amply safeguard every
American right and interest.
| The reservations keep us out o,
the League of Nations, yet they oper
| an avenue for our approach to 4
| concert Of action with the enlightened
nations of the world toward foster
| ing principles of justice and equity
| the foundations of enduring peace
| We should not hesitate to take tha'
! course.
Copyright. 19c5D