Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-07
BACKGROUND OF EVENTS


Our former associate justice of the
Supreme Court and former. Secretary
of State. Charles Evans Hughes, has
been nominated by Sweden for MEM
bership in the Permanent Court OF In
ternational Justice The nomination IS
seconded by Japan. and there appears
no doubt that it will be accepted by
Mr. Hughes.
The training and experience of the
new member to-be eminently equip him
for such position of responsibility IN
International affairs TO be tried and set
tied according to international law.
Perhaps in the course of time interna-
tional law. under the authoritative in
terpretations of such court, will crys-
tallize and~hecome SO broad that more
questions of differences between ma
tons may come before the court for
decision.
Most of the framework of present in
ternational law is based upon long
accepted practices of nations. as wei as
upon treaties, for there is ne world
legislature empowered To enact intefna-
tional law-not even the League of Ma
tons; the League cannot enforce its
will upon non-member nations, But
just as precedent. long recognized. Is
the foundation of English common law
and common law is the foundation of
our own laws when cases are not COW
cred by legislative enactment. so SINH
larry there has been created an accept
ed code of international law on which
the so-called Permanent Court of In
,ernational Justice" operates.
The Permanent Court of Arbitration.
which antedateS the Permanent Court
of International Justice by some 20
years. is really neither court nor is it
permanently in session. In fact. its
$50 members have never met together
and never will.
1t amounts to merely list of eiigi-
bles to be selected for the arbitration
and paciflcation of disputes between
nations, each disputant to select one.
or perhaps two, members from the en-
tire $50, and they to select an odd
member, before which special board or
court the parties may present their
arguments and agree to accept eompro-
mise settlements. 1t does not confine
its decisions to law or precedent. but to
ALI the traffic will bear" In compro-
misses
On the other hand. the Permanent
Court of International Justice has no
more dealings with compromises than
has the United States Supreme Court.
II considers only accepted international
law as applied to the case in hand.
* = x
There is an impression that the whole
idea of an International court. whether
for arbitration or law. is of such recent
origin as TO have sprung up in the
League of Nations since the World War.
In fact, 10 Is one of the oldest in his
tory of the dreams of internationaliStS.
1t was first proposed by Frenchman,
Pierre Dubois, in 1908. Then another
Frenchman, Emeric Crtlce. published a
book based on the idea in l62S@-an idea
already more than three centuries old.
Then 1t lay dormant 500 years until.
inspired by the Geneva arbitration be-
tween Great Britain and the United
States in 1872. David Dudley Field
preached the idea in his book, Outline
OF an International Code. that same
year
President Mckinley asserted in his
first inaugural address, in 1897. that the
leading feature in orr entire national
history had been our insistence on the
adjustment of difficulties by judicial
methods rather than by force of arms
History therefore seems To have antici-
pated the Kellogg multilaterai treaty
TO outlaw war, although history is in-
effective,
y = y
II was not departure from that
policy that in 1899. President Mckinley
and Secretary OF state John Hay IN
structed our delegation to the first
Hague Conference TO "act upon the long
continued and widespread interest
among the people OF the United States
IN the establishment of an interna-
tional court" 1t was proposed that "all
questions of disagreement between ma
lions. excepting such as may relate |
10 or involve their political independ- /
ance of territorial integrity" should be /
decided IN such court.
But that Hague Conference of 1899 /
instead Of founding court of law. as .
Intended by the United States. estah- |
ished only court OF arbitration. and /
he American delegation. however ac- /
'epted II as thoroughly practical be- /
ginning" Two years later $1,000 preSi- /
lent Roosevelt brought the first case /
INTO That Permanent Court Of Arbi- |
r!atlon~rth Plus fund dispute between
he United States and Mexico Alto |
sether. the Permanent Court of Arhitra- |
ION has handled only IS eases since its !.
organization
~ .
Hut that Permanent Court of Arhitra4 /
ion Is quite independent If the
PERMANENT Court Of International
Justice to which Mr., Hughes is nov /
invited as member The latter |
miemated In the Council of the League
" Notions In 800 ussder the terms of |
ettielA XIV OF the covenant, providing
A -. a =.