Evening star., 1946-08-05
Senate Vote on Court
Wipes Out Old Issue
United States Now Leader in
International Arbitration
By David Laurence

International Arbitration
By David Laurence
Times certainly have changed. With
but few hours of debate, the United
States Senate pledged this country to
submit its disputes to World Court and
agreed to abide by the judgment of that
court in all legal matters excepting
those which might be considered purely
domestic
Any one who has followed the long
history of the Senate's handling of the
problem of American entry into World
Court cannot but rub his eyes to make
sure that he isn't dreaming. For, going
back to the earliest days Of the Re
publican administrations of Mckinley.
Theodore Roosevelt and Taft, there was
decided sentiment in the Republican
party in favor of arbitration OF inter-
national disputes through a court Of
international justice. This was blocked
repeatedly, however, by a nationalistic
view of Republican-Democratic coali-
ton which caused the Senate to refuse
again and again to ratify arbitration
treaties.
Then came the era of the League of
Nations, when the World Court was tied
into the League. President Harding said
he favored the World Court but the Re-
publican party did not follow him and a
combination of Democrats and Republi-
cans in the Senate continued to block
the proposal.
Coolidge Renewed Effort.
The effort was renewed by President
Coolidge but it failed again. Finally
under President Hoover the resolution
was amended in such confused fashion
that it never really materialized be-
cause, when other nations amended to
conform to the Senate's Interpretation,
dispute arose as to the meaning.
Another attempt was made by Presi-
dent Franklin D. Roosevelt but the
Senate, on January %, 1885, defeated
the resolution of ratification after the
matter had lain dormant since $780,
Last week new proposal to accept
the verdict of the World Court set up by
the United Nations went through the
United States Senate by vote of 60
to 2. This was more than the necessary
two-thirds. Senators absent or paired
would not have changed the result had
they been present.
The significance Of the step cannot
be overestimated. America is really the
first major power to join the World
Court with definite statement accept
ing compulsory jurisdiction in the new
institution on wide variety Of cases.
Courts Rights Conceded.
Thus the United States accepts the
courts right to hear and decide CUES
tions involving Interpretation of a
treaty; any question of international
law; the existence of any fact which, if
established, would constitute a breach
/ of an international obligation, and the
be made for the breach of an interna-
tional obligation"
The foregoing are what long have
been known as "justiciable" questions.
In the early debates of this century on
a World Court, President Taft said he
would be willing to have the United
States arbitrate or submit to q World
Court all "justiciable" questions as dis
tinguished from those affecting ina
tional honor" Only in later years has
1t become clear that, irrespective of
what might be called question of ma
tional honor" there was field of Judi
cial determination and that this con-
cernad rT1rolv 1npo1 p1Iectionc
What the United States Senate has
done is to pass at last without equiv
ocation the resolution which was advo-
Gated over long span of years by such
Republican statesmen as John Hay,
Elihu Root, Charles Evans Hughes,
Henry L. Stimson, Frank B. Kellogg
all of whom served as Secretary of
State. 1t also had in subsequent years
the earnest support of Cordell Hull,
Secretary of State in Democratic ad-
ministrations, and of his SUCCESSORS
Messrs. Stettinius and Byrnes.
The United States Senate has always
had clear majority in favor of the
principle of World Court but not until
| last week was the necessary two-thirds
vote Forthcoming.
World Court of compulsory jurisdic-
! tion means that certain questions that
could lead to friction, and perhaps war,
between nations must be left to judi
clal body to determine, just as citizens
in democracy leave it to a Supreme
/ Court to pass judgment on their dis
putes. Other countries have not yet
accepted compulsory jurisdiction but the
leadership manifested by the United
States is expected to give the World
Court prestige and momentum which
Will bring all peace-loving nations TO
an acceptance of the World Courts
Jurisdiction on legal questions.
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