Evening star., 1935-07-28

be followed, the Mexican project ,1if-
fers little from the one already In ex-
istence. Articles "a to so describe at
length the details and rules which
should be observed for the presenta-
ton Of briefs, documents, replies; the
manner in which oral debates should
be conducted, and the usual juridical
process to be followed in arriving at
an arbitral decision. All these articles,
however, emphasize the right Of the
tribunal to pass upon its own compe-
tence, to decide all controversial points
and to demand from the parties the
explanations and exhibits which 1t may
deem necessary.
The arbitral award would be definite
and without appeal. Differences aris-
ing as to its Interpretation or execu-
tion would be submitted to the judg-
ment of the same tribunal which gave
the decision.
Inter-American Court Urged.
Supplementing and complementing
the machinery for conciliation and
that for arbitration, the Mexican peace
Inter American Court Of International
Justice. This is the most important
contribution of the Mexican project
to the cause of international 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 continent
tai tribunal of justice prepared by Dr..
James Brown Scott for the American
Institute of International Law. 1t calls
for the selection Of one member for
each of the American countries, in
cluding Canada, the % of them to be
divided by lot in two groups. The
first group would constitute the Tr1-
bunal of First Instance; the second.
the Tribunal of Second Instance or
Appeal. To preserve physical bal
ance, the members of the United
States and Canada would not be
seated in the same tribunal.
The members of the court thus
chosen would remain in Office for five
years and be eligible for subsequent
terms. The Mexican draft stresses the
fact that they should be persons OF a
high moral character" apt to be ap-
pointed to the highest juridical ofices
in their respective countries or Jur-
lists of well-known competence in the
realm of international law, SO as to
preserve the juridical nature, and
avoid the political implications, Of the
court. With this same purpose. they
would be required to relinquish all po-
litical or official positions in their
own countries and would be likewise
barred from acting as counselors or
agents in any cases of public or private
international law while members OF
the court.
Jurisdiction Of Court.
The Inter-American Court would
have Jurisdiction upon controversies
arising, specifically, over: (a) inter-
probation of treaty; (b) violation Of
a written international obligation; (c)
reparations for such violation; (d)
! Interpretation of the courts decisions.
Furthermore, the court would have
Jurisdiction over "any dispute Of what
sover character susceptible of jurid-
ical settlement"
The American Court, in ex-
ercising that jurisdiction, would apply.
| in the following order, (a) the treaties
or international conventions which
may establish rules expressly recog-
nized by the parties in dispute; (b) in
| ternational custom as supported by
general practice; (c) the general prin-
ciples of law as recognized by civil
lied nations.
The remaining IS articles OF the
Mexican plan are devoted to set forth
| the rules for the deliberations OF the
| court, much as section " gives the
rules for the process of arbitration.
The discussion of these juridical de-
tails is beyond the scope of this brief
summary, but a study of them leaves
the impression that nothing has been
overlooked to insure the success of the
truly noble experiment of an Inter
American Court of Justice OF par
ticular interest are the provisions deal
ing with the appeal to the Tribunal OF
Second Instance, recourse to which
may be taken by any of the parties al
leging disregard Of or error in the ap-
plication or Interpretation of a prin-
ciple of law by the Tribunal of First
Instance. Which nation would be so
prejudiced and so hopelessly skeptical
as to believe that possible mistake
in an international tribunal made up
of representatives of II American
states would be sustained by another
international tribunal composed OF
representatives Of the other II Amer
ican states?
(Copyright 1880