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The Sixth Year of the Permanent Court of International Justice1
Published online by Cambridge University Press: 04 May 2017
Extract
The sixth year of the Permanent Court of International Justice has been busy and fruitful. The judges have been kept continuously at The Hague from the beginning of the twelfth(ordinary) session on June 15, 1927, to the end of the session on December 16, 1927. During the year the court has handed down four important orders, four judgments, and oneadvisory opinion. The following countries have been involved in cases or questions before the court during this period: Belgium, British Empire, China, Danzig, France, Germany Greece, Italy, Poland, Roumania, Turkey. The extent to which the court has been resortedto in six years is the best proof that it is filling a need in the international life ofour time. Whereas, in the course of its first six years, the Supreme Court of the Unite States handled but twelve cases, the Permanent Court of International Justice has now given eleven judgments and fourteen advisory opinions. Such a record seems to presage a useful rôle for the court in the future. It has now become so embedded in the world's treaty law that it would seem very difficult for the world ever again to be without it. In six years it has made significant contributions to our growing international jurisprudence, some of the most important of which have been made during the last twelve months.
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- Research Article
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- Copyright
- Copyright © American Society of International Law 1928
Footnotes
1
Continuing the series of annual articles on the work of the court, begun in this Journal in January, 1923.
References
2 The opinions are reported in 2 Dallas 402, 409, 415 and 419, and in 3 Dallas 1, 6,17,19,42, 54, 121, and 133.
3 The text is to be found in 56 British and Foreign State Papers, p. 667, and in 2 Maritime Customs, Treaties between China and Foreign States (2d ed.), p. 4.
4 The “ Optional Clause” is to be found in Publications of the Court, Series D, No. 1, p. 6.
5 The three orders in this case are to be found in Publications of the Court, Series A, No. 8.
6 On November 6, 1926, the Chinese Foreign Office (Waichiao Pu) published a statement and other official documents relative to the negotiations for the termination of the Sino- Belgian Treaty of November 2, 1865, which are reprinted in 11 Chinese Social and Political Science Review (Public Documents Supplement), pp. 1-60.
On November 12, 1927, the Chinese Government formally abrogated the Sino-Spanish treaty of October 10, 1864, and the Waichiao Pu published a statement concerning the abrogation on the same day. See “ The Week in China,” November 19,1927. For the text of the Sino-Spanish treaty, see 60 British and Foreign State Papers, p. 474.
7 Publications of the Court, Series A, No. 7. See this Journal , Vol. 21, pp. 26-29.
8 The memoranda exchanged were transmitted to the registrar of the court.
9 Publications of the Court, Series A, No. 6. See the writer’s comment in this Journal , Vol. 21, pp. 15-19.
10 Publications of the Court, Series A, No. 7. See the writer's comment in this Journal ,Vol. 21, p.26-29.>
11 See Publications of the Court, Series A, No. 9. Documents in the case are published in Publications of the Court, Series C, No. 13-1.
12 The text of the Geneva convention was published in 118 British and Foreign State Papers, p. 365-579. It was previously published at Geneva in pamphlet form.
13 In Judgment No. 5, in the case of the Mavrommatis Jerusalem Concessions. Publications of the Court, Series A, No. 5, p. 47.
14 12 League of Nations Treaty Series, p. 26.
15 See post, p.21.
16 Publications of the Court, Series A, No. 10.
17 The ratifications were not exchanged until December 27, 1926.
18 See Court Document, Distr. 943, 1927.
19 28 League of Nations Treaty Series, pp. 151, 163.
20 Publications of the Court, Series A, No. 10, p. 18.
21 5 Moore, International Arbitrations, p. 4948. A good summary of this case has been published in 1 Pitt Cobbett, Cases on International Law (4th ed.), p. 279.
22 (1885) 12 Journal du Droit International Privi (Clunet), p. 286.
23 Regina v. Keyn (1876), L. R. 2 Ex. Div. 63.
24 (1882) 12 Journal du Droit International Prive (Clunet), p. 287.
25 (1914) 41 Journal du Droit International Privi (Clunet), p. 1327.
26 The court cited Regina v. Nillins (1884), 53 L. J. 157; and Rex v. Godfrey [1923], 1 K. B.24. Cf. The Fagemes [1927], Probate, 311.
27 Publications of the Court, Series A, No. 10, p. 30.
28 In accordance with Article 55 of the court's statute.
29 U. S. Foreign Relations, 1886, pp. 691 ff. See also, the report of Moore, John Bassett on Extraterritorial Crime and the Cutting Case, U. S. Foreign Relations, 1887, pp. 757-844 Google Scholar; Scott, , Cases on International Law (1922), pp. 387 ff.Google Scholar
30 In Judgment No. 5, Publications of the Court, Series A, No. 5, p. 50.
31 Publications of the Court, Series A, No. 11.
32 Judgment No. 2. For the writer's comment, see this Journal , Vol. XIX, p. 48-52.
33 Judgment No. 5. For the writer's comment, see this Journal , Vol. XX, p. 5-9.
34 Judge Pessôa, who had taken part in the consideration of the case and had reached the conclusion that the court had jurisdiction, left The Hague before the judgment was put intofinal form.
35 Court Document, Distr. 929,1926.
36 League of Nations Official Journal, 1927, p. 150.
37 The recent history of the dispute is set forth in the report of the special committee on the question of the jurisdiction of the European Commission of the Danube, set up by the Advisory and Technical Committee for Communications and Transit of the League of Nations, of July 2, 1925. See League of Nations Document, C. C. T./C. D./8. For the text of the Statute of the Danube, see 26 League of Nations Treaty Series, p. 174.
38 74 British and Foreign State Papers, p 20.
39 League of Nations Document, C. 375, 1927, I.
40 League of Nations Official Journal, 1927, p. 1420-1423.
41 See Court Document, Distr. 1079, 1927.
42 Publications of the Court, Series D, No. 1, p. 81.
43 Ibid., p. 63.
44 Publications of the Court, Series D, No. 1, (addendum).
45 League of Nations Document, A. 13 (a), 1927. Annex. The Irish Free State is now included in the list of signatories, in accordance with its request of August 21, 1926. Explaining this request, on November 30,1926, the Minister for External Affairs told the Dail:“ It is merely a request that our name should be put down as adhering to a Covenant which,we were actually bound by.” 8 Journal of the Parliaments of the Empire, p. 190.
46 Publications of the Court, Series E. No. 3, p. 83.
47 League of Nations Document, C. L. 129, 1927, V.
48 British Parliamentary Papers, 1926, Cmd. 2768, p. 28. See also this Journal , Vol. 21(Supp.), p. 36.
49 Publications of the Court, Series E, No. 3, p. 415.
50 Publications of the Court, Series E, No. 3.
51 Ibid., No. 2.
52 Publications of the Court, Series D, No. 5 (3rd edition).
53 Publications of the Court, Series E, No. 3, p. 98.
54 League of Nations Document C. 520. M. 178, 1927, X.
55 For the best analysis of the work of the conference, published to date, see Quincy Wright,“ The United States and The Permanent Court of International Justice,” in this Journal ,Vol. XXI, p. 1-25. An excellent discussion of the question before the United States Senate is that by James W. Gamer, in 8 Revue G6n6rale de Droit Intemaiional Public (2 Ser.), pp..139-164.
56 This information is based on a letter written by the Chief of the Division of Western European Affairs of the Department of State on December 5, 1927.
57 Publications of the League of Nations, V. Legal, 1926, V. 26. This may be obtained,through the World Peace Foundation, 40 Mt. Vernon St., Boston, Massachusetts.
58 “ The Present World Court Situation,” 15 Kentucky Law Journal, p. 299-315.
59 “ The United States and the Permanent Court of International Justice,” translated and published by the American Foundation, 565 Fifth Avenue, New York. See the comment of Hughes Mr. Charles E., before the American Society of International Law,April 28, 1927, in Proceedings of the Society, 1927, p. 15.
60 “ A Way Out of the Court Deadlock,” in the Atlantic Monthly for October, 1927, pp..517-532.
61 The Problem of a World Court—The Story of an Unrealized American Idea. Longmans,1927, pp. xxi, 204.
62 See also Kraus, “ La Cour Permanente de Justice Internationale et Les Etats-Unis d'Amerique,”in the Revue de Droit International et de Legislation comparSe, Nos. 3-4,1926, pp. 281-320.