Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-03-01
COURT CONDITIONS
DEFINITION LOOMS
Latin American Attitude May
Call for Interpretation
of Reservations.
BY DAVID LAWRENCE.

Reports reaching here that several
Latin American countries do not feel
warranted in accepting the reserva-
tons made by the United States
Senate to the protocol Of admission to
the World Court may develop dis
cussion as. to just what effect re-
setvation will have In international
law.
There has been disposition until
now TO regard the American reserva-
tons to the protocol as in the nature
of Amendments to the constitution of
the World Court itself. This would
require acceptance by every sigma
tory power. Reservations, on the
other hand, need not be acted upon,
but can be passed over and then by
| interna tional custom acquescence is
regarded as consent.
May Ask Own Reservations.
Some Of the American reservati ons,
however. are of such nature that
Latin American countries may not
feel justified IN acQu!escing by silence,
but they may feel compelled 10 make
reservations themselves, taking ex-
ception to the viewpoint Of the United
States. Some of the conventions
adopted by The Hague tribunals OF
1907 and 1909 We're filled with reser-
Vations. 1t is true that some of these
reservations nullified the effectiveness
of certain provisions, but the general
view taken was that more good was
accomplished by partial acceptanc
than complete rejection. In so far.
therefore, as the United States refuses
to he hound by advisory opinions of
4, hn hirh no eli
for by the League Of Nations. Amer.
lea will take herself out Of the range
Of the court altogether. But In all
other respects where vital cha nges
have been made in international law.
American policy will he TO accept
such decisions as important prece-
dents.
When the league covenant was
under discussion, there was the same
dispute as to how far reservation
constituted an amendment and how
far 1t was a unilateral act 1t is really
mp to the me mbers of the World
Court to decide. There seems no
question that after the correspond
ence between the United States and
The other governments is completed.
which may take a wear or more. the
American Government Will he ad-
mitted but at the same time some
nations will also insert reservations
To the American viewpoint.
L. s. Alone Is Bound.
The act of admission simply Will
! mean that the United States has ex-
pressed desire for limited participa-
! ton in the activities Of the World
/ Court. and Il will he so regarded.
! Strictly speaking. none of the reser-
! vations adopted by the American Sen
ATE can in any way interfere with the
freedom of action of other govern
mentS They can only bind the United
! States Government here or its repre-
SentatiVeS abroad. So far as the
! Judges are concerned. they do not
! represent governments. but are simply
! chosen through machinery in which
! governments participate. Thus an
American Judge can act with the
| other judges but his opinions are not
! binding upon the United States Gov
| eminent any more than are the opin-
| ions Of other judges.
The process will he somewhat com
plicated AT the outset. but ultimately
! the international lawyers will work ii
out so that the only restraint is upon
the American State Department In
the extent OF its partiCipa ton in &C
tiVities of the court. AS for the reser-
Vations, they can be Withdrawn or
modified al any time by two-thirds
vote of the American Senate.
Copyright, 1929