The Project of a Permanent Court of International Justice and Resolutions of the Advisory Committee of Jurists: Report and Commentary

By James Brown Scott | Go to book overview
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officers will be charged with the duty of preparing the estimates for the forthcoming year. If they are not made by the Council, they will be presented to that body and, as in other cases, they will be submitted to the Assembly which represents all the members. Shall these expenses be borne in equal proportion by all nations, large and small alike, or shall the states be classified for this purpose, as in the Universal Postal Union? This is a question for the Society of Nations to determine.

It is of more than passing interest to note in this connection that the Five Power Plan, in February, 1920, by official representatives of the Governments of Denmark, Norway, Holland, Sweden and Switzerland, provided in its nineteenth article that the members of the League should contribute equally to the expenses of the court.

The small states have the courage of their convictions, and in accepting equality they accept its consequences even although they happen to touch the purse.


CHAPTER II
Competence of the Court

ARTICLE 31

The court shall have jurisdiction to hear and determine suits between states.

The first union of free, independent and sovereign states which has survived its framers and has proved adequate provides that "the judicial Power of the United States, shall be vested in one supreme Court,"1 and that this judicial power "shall extend . . . to Controversies between two or more States."2

The first project for a Permanent Court of International Justice adopted by the representatives of the states in conference at The Hague in 1907, provides in its seventeenth article that "the Court of Arbitral Justice is competent to deal with all cases submitted to it, in virtue either of a general undertaking to have recourse to arbitration or of a special agreement."

The first project for a permanent court for the League of Nations drafted at The Hague by an Advisory Committee of Jurists provides that "the court is competent to deal with cases between states."

____________________
1
Constitution of the United States, Article III, section 1.
2
Ibid., section 2.

-92-

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