International Arbitration, from Athens to Locarno

By Jackson H. Ralston | Go to book overview

CHAPTER XXXI
SPECIAL TRIBUNALS OF THE PERMANENT COURT OF INTERNATIONAL JUSTICE

267. Labor cases. -- An important special jurisdiction of the Court relates to control over cases originating under the labor provisions of the Treaty of Versailles in Part XIII. This subject is covered by Article 26 of the Statute providing that the Court shall appoint every three years a special chamber of five judges having the diverse qualifications required for membership in the Court itself. Two supplementary or deputy judges may also be selected for the purpose of replacing a judge who finds it impossible to sit. The judges are assisted by four technical assessors sitting with them but without the right to vote and selected with a view of insuring a just representation of all competing interests. If there is a national of one only of the parties sitting as a judge in the special chamber referred to above, the President will invite one of the other judges to retire in favor of the judge chosen by the other party, which selects from among deputy judges a judge of its own nationality if there be one, and if not it may choose one preferably from among the persons nominated as candidates for the judgeship.

The technical assessors are chosen for each particular case in accordance with rules of procedure laid down by the Court. These are drawn from a list of persons, two nominated by each member of the League and an equivalent number nominated by the governing body of the Labor Office, which latter names as to one-half of the whole body representatives of the workers and as to one-half representatives of employers from the list referred to in Article 412 of the Treaty of Versailles and corresponding articles of the other treaties of peace. The International Labor Office is at liberty to furnish the Court with all relevant information and for this purpose the Director is to receive copies of all written proceedings.

268. Transit and communication cases. -- Cases referring to transit and communications particularly mentioned in Part XII of the Treaty of Versailles and the corresponding parts of other peace treaties are referred to a special chamber of five judges appointed every three years and as far as possible meeting diverse requirements of candidates for judgeships of the Court. As in the case of labor questions two judges are selected to replace one who finds it impossible to sit. If the parties so demand, the Court will sit as a full bench, and, when desired by

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