THE OPTIONAL CLAUSE.

New Zealand Herald, Volume LXVI, Issue 20366, 21 September 1929, Page 10

THE OPTIONAL CLAUSE.

Four units ,of the British Empire have just signed the miich-discusscd optional clause relating to the Permanent Court of International Justice. The Irish Free State signed some time ago. The other units may yet sign. New Zealand is among the new signatories, along with Britain, South Africa, India, aa well as France, Czecho-Slovakia and Peru. The adhesion of this considerable group strengthens greatly the prestige of the clause, which was framed to close what has been called the gap in the Covenant of the League, since it binds somo leading States to accept legal judgment in their legal international disputes. The statute of the World Court names the kinds of disputo included in the description, "legal." They are concerned with treaty interpretation, questions of irlternational law, the existence of facts constituting a breach of international obligation, and the extent and nature of the reparation to be made for such breach. For other disputes, not justiciable, other means of settlement may be sought, even war, within the terms of the Covenant; those named must, and others may, be submitted to the World Court. Signature to the optional clause, since ratification is not mentioned in the statute, is enough to bind each adhering State, although most of the signatories hitherto have thought it well to make their adhesion subject to endorsement by their Parliaments. Since the British signatures now reported have been appended under instruction from Governments, it would seem that ratification of them will nob be necessary; it may be added, however, as a matter of custom. Two important reservations have been made in connection with these British signatures, in addition to the limiting of their efficacy to a term of ten years: disputes within domestic jurisdiction and interDominion disputes are excluded, and there is reserved also the right to have judicial proceedings suspended for twelve months while the matter in question is being considered by the League Council. The latter reservation amounts to giving the method of conciliation priority to legal arbitration. Concerning the former, it has always been understood, more or less clearly, that the domestic affairs of the Empire were outside League jurisdiction. However viewed, the news of these additional signatures records a notable advance in the application of law to disputes within the recognised sphere of law,