Evening star., 1935-07-28
MEXICAN CODE OFFERS
JUSTICE ENFORCEMENT
Machinery, Divided Into Three Parts,
Differs From Others of Kind i'm
International Disputes.
BY GASTON NERvAL.

BY GASTON NERVAL.
"A 70 MATTER how important the
M dOctrinal aspects and the in
\ Of the Mexican pc ice code,
which we discussed last week, its real
contribution to the advancement of
peace lies in the machinery it provides
for the enforcement Of international
justice.
That machinery is divided in three
parts: A permanent conciliation COM
mission, a general treaty Of obligatory
arbitration and an inter American
court of international justice.
The conciliation commission differs
from others of its kind, suggested or
actually established in the past, in one
most essential reSpect-it is perma-
nent commission, not one hurriedly
set up when a conflict has al
ready started and aroused public
emotions make difficult its task. This
conciliation commission could be ap-
pointed by a Pan-American Confer
ence from a list of names submitted
by the various American governments,
one for each country. Through a
permanent delegation" made up of
its president, its vice president and
three members 1t would be available
at all times. 1t would be ready to act
in the emergency of ANY controversy
of whatever nature which for whate-
ever reason had arisen" between the
parties and which could not have been
settled by direct diplomatic negotia-
tionS.
May Step In at Once.
Another interesting feature of the
commission proposed is that its con-
ciliatory efforts would be started not
only when one of the parties to an
international dispute may require 1t
so, but whenever the commission itself
considered that such a dispute en-
Thus, at the very initiation of con-
troversy, the commission, without loss
of time and without waiting for the
outbreak of military hostilities, could
step In and exercise its good offices
to bring about a peaceful settlement.
The moment the conciliation ma
chinery was thus set in motion the
parties to the conflict would be bound
to prevent any military clashes and CO.
operate with the commission in the
study of the causes and possible solu-
tions of their differences. Within the
space of six months the commission
would issue its report. outlining the
results of its investigations and sug-
gesting the bases for friendly ad-
justment. The disputing countries
would have six months in which to
consider these bases. If accepted
most likely they would be. considering
the impartial character of the COM
mission and the whole year that would
have elapsed-the controversy would
end there If one of the parties re-
fused to accept them, the matter
would automatically call to action the
machinery for arbitration.
Under the Mexican peace code the
American governments would be
obliged to submit to arbitration all
their differences of an international
nature which were not susceptible OF
q diplomatic settlement. This pledge
does not allow the usual exceptions OF
matters affecting the national honor
or concerning constitutional provi-
sions, which have so often defeated the
very purpose Of arbitration agree
ments. 1t does make one exception
of controversies falling within the
domestic jurisdiction of one of the
parties" but it Immediately adds
(which are not ruled by international
law" This makes clear that the re-
servation should not be used to escape
arbitration, but simply to prevent
outside interference with purely do
mestic questions.
Five Arbiters Allowed.
The perennial problem of deSignat-
ing the arbitral tribunal in case oi
disagreement of the parties is taken
care of by providing that each party
would name two arbiters, one of whom
may be of its nationality. The foul
arbiters thus chosen would select 6
fifth member, who would also be the
chairman of the tribunal.
To eliminate further difficulties
which experience has disclosed the
Mexican plan provides that If in th'
interim of three months from the
establishment of the arbitral tribuna
the parties have been unable to agree
on the specific matter of the contro'
verys, the seat of the tribunal, the
rules to be observed, etc, or the in.
depreciation of some particular clause
the tribunal itself will settle all theSt
preliminary questions.
As to the method of arbitration te