§446. The Compromise in Article 36. The provision for the Court's compulsory jurisdiction contained in paragraph 2 of Article 36 of the Statute represented a compromise between the views of the 1920 Committee of Jurists and those of the Council of the League of Nations. The draft-scheme of the Committee of Jurists provided for extensive compulsory jurisdiction, applicable to all Members of the League of Nations; the Council thought that this would be inconsistent with the freedom of choice given to Members of the League of Nations by Article 12 of the Covenant and it wished to make no modification in that Article. A struggle between these opposing views in the First Assembly of the League of Nations resulted in a rejection of the views both of the Committee of Jurists and of the Council, and led to the inclusion of a provision for a system of compulsory jurisdiction which Members of the League of Nations and States mentioned in the Annex to the Covenant were to be free to adopt as they might wish.1
§447. Declarations Accepting Compulsory Jurisdiction. Various methods of accepting the Court's compulsory jurisdiction remained open to Members of the League of Nations and States mentioned in the Annex to the Covenant after the rejection of the proposal of the 1920 Committee of Jurists. Two or more Members or States could by treaty or convention confer jurisdiction on the Court with reference to themselves, within or outside the limits set by Article 36. Or any Member or State could by unilateral declaration submit itself to the Court's____________________
On the drafting of this provision see §185, supra.