Evening star., 1928-11-26
i. S. WORLD COURT
ENTRY EXPECTED
Impression That American
Senate Is Barring Way
Is Denied.
BY DAVID LAWRENCE.

Americas entry into the World Court
appears now to be assured.
The course Of procedure determined
upon by the United States Government
is such that when an exchange of notes
has been accomplished the way will be
open for the other nations of the world
to accept the reservations made by the
United States Senate.
Contrary to general impression, the
American Senate is not barring the way
to the World Court. The reservations
adopted by the Senate were almost all
acceptable to the other countries. but
there we're one or two ambiguous
phrases on which other governments
have sought information. The Ameri-
can Government now is ready to furnish
the necessary explanation and no action
by the Senate is necessary
Does the United States, for instance,
insist that advisory opinions shall not
be rendered by the World Court without
the consent of the United States or
merely that this should be required only
when America is involved in the dispute?
The answer is that America does not
wish to block the machinery of the
World Court By exercising a veto on all
its operations, but merely wishes to
avoid embarrassment by having disputes
submitted or discussed which arc direct
ly related to purely American questions
How also should consent be given?
The answer again is that an exchange
of notes can express the necessary
assent.
OF Binding Character.
Ever since the Kellogg anti-war
treaties were negotiated the strength
nj IooY1 cd
on the various governments. Indeed,
the correspondence which led up to the
signing Of the anti-war pacts them
selves now is regarded as having much
more of a binding character than the
general phrases Of the treaties.
If the American assurances with
reference to the World Court reServa-
tionS are not considered by other
nations as sufficient and it is desired
to have the Senate specifically clarity
its own reservations, then it might be
argued that the Senate would be justi-
fled in attaching reservations to the
anti-war treaties, something that all
the powers are anxious to avoid, for 1t
might mean the addition of reserva-
TORS on the part of other parliamentary
bodies and thus delay ratification.
AS matters stand now, the President.
having conferred first with Secretary
Kellogg and outlined a course of &c
ton, then told the Senators something
of his plans Individual consultations
with Senators strengthen Mr.. Kellogg's
view that the Senate did not intend
its reservations to be obstructive and
that his note of explanation will re-
move all ambiguity on the points rails
ed. BY this simple device the other
governments will be in a position to
accept American entry into the World
Court.
Hoover FavOrS Court.
Even If the exchanges are not con-
cluded under the Coolidge administra-
ton, they win be under Herbert Hoo
yer. The latter has always been SYM
pathetic with the World Court idea.
In fast, he was one of the early pro-
league exponentS. Charles Evans Hughes
who helped Mr.. Hoover on the stump,
has been elected to the World Court
and is anxious to have American par
ticipation a reality. 1t is assumed tnat
he has been instrumental in working
out the new formula which win make
it possible for other governments to
accept the Senate reservations.
The American notes will merely be
explanatory Of the reservations, and
while they will be a significant part OF
the record, they win be vital only In
that they enable the other governments
of the world to interpret for themselves
the meaning of the Senate reservations.
The practical effect win be that
America viii be a member Of the World
Court and that, unless the United States
becomes involved in a dispute which the
Senate by two-thirds vote agrees to
submit to the court, the part the
United States will play viii be one Of
moral helpfulneSs in giving prestige to
an international institution. Actually
Justice Hughes, sitting as an American,
will, like the other judges. represent not
any one country, but al countries in
endeavoring to decide, on the facts and
the principals Of international law, who
is right or wrong in particular ques-
ton submitted to the court for decision.
Copyright. 1921