Evening star., 1945-05-16
New Court for World
Gradually Shaping Up
AT San Francisco
BY GOULD LINCOLN,
Star Stan Correspondsnt

tice," (which is to constitute the
principal judicial organ of the
United Nations organization fol
peace, is taking form-along with
the statute which is to govern it.
There remain, however, three
principal questions, with which 6
United Nations Conference Com
mittee is still struggling, 1t was re.
vealed today. They are:
l. Whether the Internationa
Court of Justice shall be a new
court or the old World Court of the
League of Nations, with its face
lifted and a new name?
2. How shall the judges of the
court be nominated?
8. Shall the jurisdiction of the
court be optional or compulsory?
Progress, But No Decision.
Progress has been made in the
discussion of these matters, but no
final decision has been reached.
The United States position at
present leans toward a new court,
because:
/. The old court has always been
considered creature of the League
of Nations. The United States SEN
ate declined to adhere to the League
covenant, and twice declined to be-
come a member of the World Court,
the last time during the Roosevelt
administration.
2. A number of the nations now
members of the old court are not
members of the United Nations, and
there is no telling how soon they
may be admitted to the new inter-
national organization Among them
are Sweden, Denmark, Switzerland,
Portugal and Spain.
Many of the nations represented
at the conference here, however,
support the idea of taking over the
old court. They each have stake
in the old court, including treaties
which involve it.
American Position.
The United States position on the
method of nominating judges favors
the plan used for the old court.
That is, nominatio are made by
panels of juristS, four members
each, selected by the various nations
for the permanent court of arbitra-
ton, established by The Hague Con-
vention a few years after the turn
of the century. These jurists sub
mitted to the League assembly two
nominations, usually one from their
own countries and one from other
countries.
While the United States has never
been a member of the old court, the
American panel of jurists has played
its part in the nomination of judges.
A number of distinguished Ameri-
can jurists have actually been
members of the World Court under
this arrangement, among them John
Bassett Moore, Charles Evans
Hughes, Frank B. Kellogg and Man
ley o. Hudson.
Judge Hudson is still member of
the old court-and is attending the
United Nations Conference in an
advisory capacity. He is regarded
as a candidate for place on the
new court, if the old is cast aside.
Judge Hudson is a professor of in
ternational law at Harvard.
Another Method Offered.
Another proposed method of NOM
mating judges of the international
court is to have the nominations
made by each government, in its
own way. In both systems to nom
nations would be made to the Cen
eral Assembly and the Security
Council of the new international
where the elections
would take place.
The Chinese and the British are
understood to favor the second
of nominating the judges
The drawback in this method lies
in the probability that nominations
made directly by governments of
the individual nations would take
on a political flavor and the most
able men might not always be con-
sidered.
The United States delegation is
supporting the proposal for optional
jurisdiction of the court, rather than
compulsory. Russia takes the same
position. Neither the United States
nor Russia are members of the old
court. The United States would like,
it is said, first to try out the court,
before going the whole way and per-
mitting any and every nation to
bring suit against it, without its con-
sent Under the optional jurisdic-
ton proposal, both parties to a dis
pute would have to agree to suit
being brought. China and many
smaller nations are favoring COM
pulsory jurisdiction.
Decide On Is Judges.
1t already has been decided by
the Conference Committee that the
number of Judges shall be Is, as in
the old World Court. Also, it has
been decided that the court, new or
old, shall sit at the Hague, at least
temporarily, where the old court
held forth. It's quarters will be in
the Carnegie Peace Palace there.
The judges of the old court were