WORKINGS OF THE PERMANENT COURT OF INTERNATIONAL JUSTICE
253. Inception of the Court. -- We have followed the development of the theory of international tribunals to the last great step which has been taken so far in the world. In another portion of this work we describe the history of international tribunals to their present state of development. In the consideration of the theory we have found it necessary to anticipate at many points the principles of the Permanent Court of International Justice. It now becomes necessary to give a more complete exposition of its workings.
The controlling law relating to the formation and operation of the Court is contained in its Statute, formed pursuant to Article 14 of the Covenant of the League of Nations, which forms a protocol signed separately by the nations adhering to it. It is, therefore, not a part of the League of Nations, although functioning as a judicial body parallel with the League, and although its expenses are provided for by the League. It has authority to render advisory opinions, as we shall see, at the request of the Council or Assembly of the League. It was for reasons above indicated that not the League but representatives of the nations signing the protocol for its establishment determined whether and how far it was possible to accept the signature of the United States to the Protocol.
254. Selection of judges. -- The first point to arrest our attention is the matter of the selection of the judges. Having already given sufficient attention to the history by which the result was reached, we find by the Statute that it was not the intention of its framers to displace the Conventions of The Hague of 1899 and 1907 or to render unnecessary special tribunals of arbitration, "to which states are always at liberty to submit their disputes for settlement," but to create
a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial office, or are jurisconsults of recognized competence in international law.
The qualifications mentioned are varied in the different countries, and, as we shall see, however nominated, the final say as to their qualifications rests with the Council and Assembly of the League. Certain precautions, however, which have only the strength of recom