Evening star., 1944-10-14
LoophoIe' Is Seen
In Security Charter
Observer Points to Paragraph
on Domestic Jurisdiction
By David laurence

on Domestic Jurisdiction
By David Laurence
Although in the main the document
which came out Of the Dumbarton Oaks
conference Is an excellent start, there Is
one paragraph in 1t which represents
a turuing back of the clock in interna-
tional affairs to perhaps the most re-
dictionary type Of thinking that the
world has encountered in trying to
prevent war.
1t occurs in the all-important Chap
ter 8, entitled, Arrangements for the
Maintenance Of International Peace and
Security Including Prevention and Sup
preston of Aggression
After six specific recommendations
giving the security council power to "in-
vestigate any dispute, or any situation
which may lead to international fric-
tion," and after giving any state the
power to bring to the attention Of the
security council any disputed situation
that might endanger the international
peace, there is nullifying paragraph,
No. 7, which practically emasculates
all the preceding points by stating that
domestic" issues cannot be considered.
The exact phraseology of this loophole
Is as follows: "The provisions of para
graphs ! to 6 of Section A should not
apply to situations or disputes arising
out of matters which by international
law are solely within the domestic
Jurisdiction of the state concerned
Excuse for Years.
For many years nations of an ag-
gressive tendency in world affairs have
hidden behind the cry that what they
did behind their own borders was their
own business and that issues which
were defined as domestic" under inter-
national law should not be allowed
even to be submitted to international
tribunals.
BY means of this excuse the question
OF tariffs, quotas. preferences and
economic barriers between nations was
always avoided so far as international
conferences are concerned. Likewise,
immigration difficulties which led to bad
feeling between nations were always
excluded by international law because
they were supposed to be domestic"
issues
If this provision had been in effect
between 1888 and 1889 and Fascism and
National Socialism had been witnessed
by the whole world, the new League
would have been powerless to consider
tice policies of Germany did have
international repercussions, especially
through the denial of the four freedoms.
There is much talk about re-educat-
ing Germany and of preventing any
aggressor nation from rising again by
preparations within its own borders that
might ultimately threaten the peace Of
continent or of the world But under
the provisions Of the new League, the
other nations would be compelled
through legalistic considerations to re-
frain from even discussing the matter.
Surely this war has not been fought
with such tremendous sacrifices and at
such tremendous costs to have the new
League revert to the ancient practices
by which nations equivocated and
avoided responsibility for domestic acts
which were international in their ef-
fects.
New Concept of Law.
Almost all the important precedents
of international law were made long be-
fore the First World War and they are
outmoded. Indeed, strictly speaking,
under the old precedents, the United
States did not observe neutrality"
when the lease-lend bill was passed, and
yet American public opinion overwhelm-
ingly supported the extension of such
aid because a new concept of interna-
tional relations had been given the
world in the Kellogg BRAND treaties
denouncing war as an instrument of ma
tional policy and particularly condemn
ing aggression.
The new concept has meant that ma
tions could go to the aid of the victims
of aggression as the United States did
with the Lease-Lend Act, but this con-
ception has never been written into
international law in a legal sense.
Just why the paragraph in the new
Leagues charter was inserted has not
been explained, though 1t is reported
that the provision was included at the
last moment.
These aspects are bound to receive
more and more attention after election
than before and there will doubtless be
many changes suggested when the
Dumbarton Oaks draft has chance to
be studied by the leaders of all coun-
tries.
If serious attempt is really intended
to prevent incipient aggression, the pro-
vision with respect to domestic issues
as defined under international law will
have to be revised.
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