Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-07
The World Court Proposal,


the diplomatic conference at The Hague
called for the purpose of considering
the proposed revision Of the statutes OF
the Court. This approval, according to
dispatches from Geneva, will be fol-
lowed promptly by favorable action by
the League of Nations Assembly, to
which the revision of the statutes will
now be passed.
If this program is carried out, the
only step remaining will be adoption by
the Senate Of a resolution agreeing to
the Root-Hurst formula, dealing par
ticularly with the reservation of the
United States relating to advisory opin-
Ion by the World Court.
When the resolution providing for adj
herence of the United States to the
World Court was before the Senate,
Senators in favor argued that the World
Court is in fact a world court and not
merely an adjunct of the League of
Nations. They insisted that the United
States could become a member of, the
World Court and at the same time re-
main aloof from the League. But the
opponents took the view that the World
Court is in reality the League court,
and that American adherence to the
World Court would be a back-door en-.
trance into the League. They laid par
ticulsr stress upon the fact that the
League or O member OF the League
could call for an advisory opinion of
! the Court upon a question arising be-
! tween two nations, and that the Court
was compelled to render such an opin-
ion. Therein, they argued, lay the
danger to the United States becoming
involved with the League.
Finally the Senate adopted a resef-
walton providing that the World Court
should not render an advisory opinion
in any question in which the United
States had or claimed to have an in
terest without first obtaining the con-
sent of the United States. 1t is that
reservation, opposed by most of the
member nations. which has been the
stumbling block In the way of American
adherence for more than three years.
The Root-Hurst revision of the statutes
governing the World Court in regard to
advisory opinions is an effort to adjust
The differences between this country and
| the members of the Court. so that the
United States may become q member
Of the Court.
The Senate must determine whether
the Root-Hurst amendment to the
World Court statutes meets the reserva-
tions adopted by the Senate when 1t
agreed to adherence to the World Court.
One thing appears certain at this
writing: The Senate of the United
States will not accept the Root-Hurst
amendment unless it is convinced that
it fully covers the principle laid down
in the reservation relating to advisory
opinions.
When the reservations adopted by the
Senate were referred to the Council OF
the League of Nations for consider
alton, instead OF being referred simply
TO the member nations Of the Court
individually, the argument that the
World Court is in reality the League
court was strengthened materially The
very fact that the issue now goes to the
Assembly of the League Of Nations,
where the revision of the statutes Of the
Court is to be considered. lends further
color to this argument. For that rea-
son Senators who have been heartily IN
favor of adherence by the United
States now say that they will insist
that the principle laid down in the
Senate reservations relating to advisory
opinions shall be fully safeguarded. The
Root-Hur amendment will be given
the most careful scrutiny by the Senate,
and is likely to lead to much debate In
that body.
The Root Hurst amendment to the
statutes of the Court provides that, with
a view to insuring that the Court shall
not, without the consent of the United
States, entertain any request for an ad-
visory opinion in any case In which the
United States has or claims an IN"
terest, the secretary general OF the
League of Nations shall inform the
United States Of the request. The
United States will be given full oppor-
tunity to state its wishes in the matter.
Provision is made for stay in the event
the United States asserts that q sum-
cient opportunity has not been permit
ted for an exchange Of views.
|. The fact that Elihu Root, former
Secretary of State, and regarded as q
foremost jurist in this country, has
aided In drafting the amendment and
has approved it, doubtless will have
weight in deciding the issue in this
country. Before Mr.. Root went to
Europe to take part in redrafting the
statutes OF the Court. he was in con-