INTERNATIONAL COURT

Waikato Times, Volume 105, Issue 17712, 16 May 1929, Page 11

INTERNATIONAL COURT

: AMERICA’S MEMBERSHIP. MEETING THE SITUATION. UNANIMOUS CONCLUSION. The note addressed by the Government of the United States of America ! to a large number of States, again put-. [ ting forward the question of its mem- [ bership of the Permanent Court of International Justice, has been followed by rapid developments towards the settlement, of the main points at issue (says the April report of the League of” Nations). Individual members of the League of Nations Council had the opportunity of discussing the subject with Mr Eliiiu Root (former Secretary of State) during the March session, and the Council asked the Committee of Jurists called to consider possible amendments of the Statute to endeavour to find a satisfactory way out of the existing difficulties. The committee was soon able to come to a unanimous conclusion on the basis of proposals put forward by Mr Root, who was one of its members. There is thus a bright prospect of the United States of America joining the | Permanent Court and taking its place in this important element of the permanent organisation of peace. The League of Nations conflict prevented the United States from acting upon the invitation to become an original member of the Court, but serious consideration was subsequently given to the matter, and in 1926 the Senate agreed to membership with certain reservations. A conference of signatories of the Court Statute took place in Geneva, and the only reservation which caused any difficulty was the one regarding advisory opinions. The matter was therefore left in abeyance until February last, when the United States Government circulated its note expressing gratification at the amount of agreement already reached and its hope that some formula might be found to meet the small difficulties still outstanding. This note was cordially acknowledged by the League Council at its meeting in March, when it referred the problem to the Committee of Jurists. Mr Root was one of the members of the committee which drew up the original draft Statute of the Court and was largely responsible for the solution of the problem which had baffled previous efforts —namely, the discovery of a satisfactory means of electing the judges. He lias now been able to furnish the basis of a solution which it is hoped will enable the United States to join the Court. He pointed out that, on the one hand, the United States feared that its interests might he adversely affected if advisory opinions were asked of the Court without its consent; on the other hand, the signatory Powers feared that the peaceful processes of the League might be unduly hampered if the United States had an unqualified veto, lie accordingly suggested a system of conference and negotiation whereby, whenever the Council contemplated asking an advisory opinion, the United States should be informed, should have the right to ask for delay followed by the right to confer, and In tho Improbable event of no agreement being reached the Anal right to resign from tho Court. , „ The Committee of Jurists found these Ideas acceptable to the League and to the United States and prejudicial to the Interests of neither. A Protocal was drawn up In this sense for report to the June session of tne Council, to the Assembly In September, and to all States members.

FILLING THE VACANCIES. APPOINTMENT OF JUDGES. i Next September the League of I Nations Council and Assembly will ! have to elect two judges on the PerI rnanent Court of International Justice i in. tile Place of Lord Finlay, former ! Lord Chancellor of England, who has i died at the age of 87, and M. Andre i Weiss, the French jurist, who died j just before the last Assembly. ! The procedure is that candidates i are nominated by competent authorij ties in individual States which are i members of the Court, and the election 1 is carried out by the Council and the j Assembly voting separately. The canI ilidatcs who obtain an absolute majo- ■ rity in each of the two bodies arc dcI dared elected; and if the two electing j bodies arc unable to agree a joint com- ! miltee is formed to propose candidates ! for thc place to lie filled. If in the | last resort this fails the members of ; the Court already elected may co-op!. : At the first elections, in 1921, the elec- : iion system worked with ease and : rapidity, and was a striking illustration ! of the efficacy of the system in over- | coming the difficulties which led to the I failure of all earlier attempts to create i a permanent international court. | The nine-year period of office of thc | judges elected in 1921 expires, in 1930, j and it is in view of these elections that ! tlie Assembly decided that the Statute ; of the Court should be examined so that any useful amendments might be made by the time the elections take place.