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

PROJECT FOR A PERMANENT COURT OF INTERNATIONAL JUSTICE

ARTICLE 1 (PREAMBLE)

A Permanent Court of International Justice, to which parties shall have direct access, is hereby established, in accordance with Article 14 of the Covenant of the League to Nations. This court shall be in addition to the Court of Arbitration organized by the Hague Conventions of 1899 and 1907, and to the special tribunals of arbitration to which states are always at liberty to submit their disputes for settlement.

The first article of the project which is in the nature of a preamble, indicates the progress which has already been made in the pacific settlement of international disputes by means of arbitration, and that arbitration is to be supplemented, not to be replaced by judicial settlement. It further indicates that agencies to facilitate the recourse to arbitration, whether they be special tribunals or tribunals of the Hague Court of Arbitration are to continue to operate in the future as in the past, if it be the desire of states to use them.

The field of peaceful settlement is to be enlarged, or rather a new agency is to be created in this field, to the end that disputes which parties may wish to have settled by due process of law, that is to say, by the application of the principles of justice which we call rules of law, may be submitted to a court of justice, instead of a special or temporary tribunal of arbitration, to have them settled "on the basis of respect for law."1

To the new institution the contending parties are to have direct access. It must, therefore, be permanent, not constituted for the case, as is a special tribunal of arbitration or the temporary tribunal of the Hague Court of Arbitration. The judges are therefore to be appointed in advance of the case, not chosen by the parties to the dispute after it has arisen, as is the wont of arbitration.

There are thus three agencies recognized by Article 1, to which states are at liberty to submit their disputes for settlement, and each agency is a step in advance, culminating in a Permanent Court of International Justice.

____________________
1
Pacific Settlement Convention of 1899, Article 15.

-49-

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