AMERICAN AFFAIRS

Otago Daily Times, Issue 18801, 2 March 1923, Page 5

AMERICAN AFFAIRS

DEBT FUNDING BILL SIGNED. WORLD COURT PROPOSAL. Press Association —By Telegraph.—Copyright WASHINGTON, February 28. (Received March 1, at 5.5 p.m.) President Harding has signed the Brit-, ish Debt Funding Bill. After a conference between President Harding and Senator Lodge it was definitely decided not to bring up the World Court proposal for the Senate this session. The Subsidy Bill wan buried by the Senate voting against Senator Robinson s motion to recommit the Bill to the Senate Commerce Committee. The voting was 48 against the motion and 36 in favour of it. —A. and N.Z. Cable. PRESIDENT HARDING’S PROPOSAL. SENATE CONSIDERATION DEFERRED. NEW YORK, February 28. (Received March 1, at 11.5 p.m.) The New York Times’s Washington correspondent says it is understood that what occurred at the conference with Mr Hughes to-day was that a Senator informed the President that even if the Senate began the immediate consideration of the Court proposal there was no hope of its passage during the present session. Meanwhile, the necessary delayed legislation would never bo passed. This is clue to the shortness of the available time. Senator King, in deference to the wishes of many Senators, has refrained from calling up his resolution for a day at least, and it has not yet been determined whether he will attempt this to-morrow. It is understood that in that event cither Senator Lodge will move to have the resolutions tabled, or the Republican Senators will vote to refer it to the Committee of Foreign Relations. The result will be the same—the Senate will not consider the proposal during this session. President Harding has informed Senator Lodge that the preparation of an answer to various questions asked by the Foreign Relations Committee will take some time. President Harding told Senator Lodge lha.t the Foreign Relations Committee would he supplied with the desired information in duo time.

The correspondent understands that President Harding gracefully accepted Senator Lodge's explanation of the situation that the proposal should remain in abeyance until next session of Congress, but he was somewhat taken aback by Senator Borah’s request for information. — A. and N.Z. Cable. [The Foreign Relations Committee adopted Senator Borah’s resolution requesting President Harding to declare whether he favours an agreement making it obligatory that the court members shall submit all questions which diplomacy cannot settle, and whether he deems it advisable first to ascertain the willingness of the other Powers thus to bind themselves.] CONSUL INCIDENT. • NOTE TO BRITAIN. WASHINGTON, February 23. (Received March 1, at 9.53 p.m.) The State Department has published the text of the Note to Great Britain. The Note states that the Newcastle Consulate confirms the formal intimations previously conveyed. The Note further points out that the United States never questioned Great Britain’s right to cancel the exequatur of any American Consul on the ground that he was persona non grata, but where specific charges were advanced these must ho substantiated. The United States calls into question the parallel that Britain drew between this case and the United States’s cancellation of the British Cnnsuil’s exequaturs in Philadelphia, New York, and Cincinatti in 1868, on the ground of illegal recruiting. The judicial proceedings brought against these latter showed them to be guilty of a violation of the law. Mr Hughes has also issued an explanatory statement that Great Britain in January, 1822, asked the United Stales voluntarily to withdraw Messrs Brocks and Slater, on the ground that they were attempting by unfair means to induce passengers to travel by American boats. The United States investigated the matter and found that the charges were not true, and’ refused to withdraw them.—A. and N.Z. Cable. '

JUSTICE BETWEEN NATIONS.

WORKING OF THE NEW COURT. Tho suggestion that tho Permanent Court of International Justice set up by tlio League of Nations is superfluous in view of tiho existence of the PormaJient Court of Arbitration at The Hague is apparently being put forward by opponents of the President's policy in the Lmtod States. An American writer, discussing the working of the now court in a recent article, dealt with this question and pointed out tliat the Hague Court of Arbitration had nob been successful in building up a real body of international law because it has hud no permanent judges. The idea of State equality—so dear to international law—loci each nation, regardless of its size, to insist on the right to select judges for the court. The only means by which tiiis demand' could bo satisfied was by permitting each Slate to name four judges, who would bo enrolled on a general list; and by providing that whenever a caso for arbitration arose, the parties to the dispute would select usually fcliree to live judges from this list, which contains 155 names, who would he-ir the case.

The disadvantages of this system were recently illustrated in the arbitration case ( between Norway and the United States. These two countries signed a treaty at Washington on Juno 20, 1921, providing for tho arbitration by (ho old Hague Court of Claims of Norway against the United States Stripping Board for shipping requisitions during the war. Three arbitrators were to constitute tho tribunal, one chosen by the United Stines, one by the Norwegian Government, am! tho third by the two arbitrators thus selected, or, in caso they coidd not agree, by the President of Switzerland. On October 13, 1922, this court handed down a decision in which it awarded Norway 12,000,000 dollars. The American arbitrator was absent when tho award was read, but at tho close of the session tho American agent arose and read a letter from the American arbitrator, protesting against the award on the ground that the court had “disregarded the terms of submission and exceeded tho authority conferred” upon it. In organising the now Court of International Justice an attempt has been made to do away with tho limitations of the Hague arbitration tribunal. The existence of (he League of Nations has made pos- | sible tho selection of a permanent group I of judges, according to a plan acceptable I to Rtai.es, both large and small. The I court is composed of 11 regular and four j deputy judges. They arc elected by an : absolute majority of the Council of the j League, which tho gicat Powers control, | and tho Assembly, which tho small Power's 1 control, each body voting separately. In ; case tho Council and the Assembly dis,j agree, a joint conference is to be hold. 1 and in case it is unsuccessful in choosing the remaining judges, these judges already chosen are authorised to fill tiro vacancies, “from among those candidates who have j obtained vines either in the Assembly or in the Council.” By this means the idea I of Slate equality has been reconciled with j tho legitimate interests of the great Powers J through the Council and the Assembly of i the League. Each judge is to servo nine | years, and may be re-elected. TTio ordinary ! judgo receives a salary varying from £I2OO ! (o £5900, in accordance with the length of : (ho session. Thus a permanent judiciary lias ! Ix-en established which will bo able to build upon strong judicial foundations. The powers of the new court are extensive, and its duties are likely to ha . many. According to the League Covenant, I all dispute? between members of tho League | must he submitted either to arbitration or ' to inquiry by the. League Council. Accord- . in,g to tho statute of the court (Article 56), tho jurisdiction of the court “comprises all cases which the parties refer to it.” The

following cases are recognised as being generally suitable for arbitration.; (1) The interpretation of a tiroatv ; (2) any question of international law; (3) the existence of any fact which if established weald constitute a breach of any international obligation : (4) the extent and nature of the reparation to bo made for any such broach. The writer of the article expressed the opinion that the new court net. up by ike League will drive the old Hague Court ont of existence, because it possesses n permanent, judiciary, represents au international organisation which will provide a means for enforcing its decisions, and will decide cases according to international law.