Evening star., 1934-03-04
MEXICAN PEACE CODE
NSURES ENFORCEMENT
Declared to Be Most Complete 1nstru-
ment of Kind Ever Drafted in
Western Hemisphere.


sial points and to demand from the
parties the explanations and exhibits
which it may deem necessary.
The arbitral award would be def
mite and without appeal. Differences
arising as to its Interpretation or
execution would be submitted to the
Judgment of the same tribunal which
gave the decision.
Justice Court Proposed.
Supplementing and complementing
the machinery for conciliation and
that for arbitration, the Mexican
peace code suggests the establish
ment Of an Inter-American Court Of
International Justice. This is the
most important contribution of the
Mexican project to the cause of in
ternational peace in this part of the
world, and cannot help but be the
ultimate goal OF any scheme advanced
in this direction.
This section Of the Mexican plan
Is based upon the draft for a con-
tinental tribunal of justice prepared
by DIR. James Brown Scott for the
American Institute of International
Law. 1t calls for the selection of one
member for each of the American
countries, including Canada, the %
OF them to be divided by lot in two
groups. The first group would con-
stltute the tribunal Of first instance;
the second, the tribunal of second in
stance or appeal To preserve a
physical balance, the members of the
| limited States 10
be seated in the same tribunal.
The members of the court thus
chosen would remain in Office for
nVe years and be eligible for subse-
quent terms. The Mexican draft
stresses the fact that they should be
persons OF high moral character.
apt to be appointed to the highest
Jurldlcal Offices in their respective
countries or juristS of well known
competence in the realm Of interna-
tlonal law, SO as to preserve the iurid-
icaI nature, and avoid the political
nnpncatlons of the court. With this
same purpose, they would be required
10 rellnquish all political or official
positions in their own countries and
would be likewise barred from acting
as counseIors or agents in any cases
OF public or private international law
while members of the court.
Wide Jurisdiction.
The Inter-American Court would
nave jurisdiction upon controversies
arising. specifically, over: (a) Inter
pretatlon OF treaty: (b) violation of
written international obligation.
tc) reparatlons for such a violation:
(d) Interpretation of the courts de.
clslons. Furthermore, the court would
nave jurisdiction over any dispute
OF whatsoever character susceptible of
a Juridical settlement"
Inc 1nter-American Court, in ex-
erclslng that jurisdiction. would an
ply, In the following order, (a) the
treatieS or international conventions
which may establish rules expressly
recognized by the parties in dispute.
(o) international custom as supported
oy general practice; (c) the general
principles of law as recognized bv
civilized nations.
Inc remaining Is articles of the
Mexican plan are devoted to set forth
the rules for the deliberations of the
court, as mu1 / as section iv gives the
rules Tor the process of arbitration
Inc discussion of these judicial de-
tallS Is beyond the scope Of this brief
summary, but study of them leaves
tne impression that nothing has been
overlooked to insure the success of
the truly noble experiment of an
Inter-American Court of Justice. OF
particular interest are the provisions
dealing with the appeal to the tri-
punal OF second instance, which NAV
De taken recourse to by any of the
parties alleging disregard of, or error
In the application or Interpretation of.
a principle of law by the tribunal of
nrst instance. Which nation would
be SO prejudiced and so hopelessly
skeptlcal as to believe that a possible
mistake In an international tribunal
MADE up of representatives of IL
american states would be sustained
py another international tribunal
composed of representatives of the
other ii American states?
1t Is, precisely, because the Mexi-
can peace code represents such a tire.
menoous improvement over the exist
Ing, in effective and unorpanized
peace machinery of the continent that
the lack of enthusiasm-or was it the
fear?-of the Montevideo conferees
70 take 1t up is the more regrettable.
Copyright. 1934)