International Arbitration, from Athens to Locarno

By Jackson H. Ralston | Go to book overview

CHAPTER XXXIV
ADVISORY OPINIONS OF THE PERMANENT COURT OF INTERNATIONAL JUSTICE

289. General observations. -- In considering the work of the Permanent Court of International Justice, it is worthy of note that the advisory opinions have been about as numerous as those given in regularly contested suits. It is not within the scope of this book to go very much into detail as to the points decided in the several cases before the Permanent Court, and in the summary we now give we shall rely largely upon the reviews of the conclusions of the Court which have been published from time to time by Professor Manley O. Hudson.1

290. Nomination of delegates to the International Labor Conference. -- The opinion (Advisory Opinion No. 1) of the Court is summarized by Professor Hudson as follows:

A member of the International Labor Organization is not bound to consult the largest employers' or workers' organization, in selecting its delegates to the International Labor Conference, where other organizations consulted total more members.

The effect of this opinion was to confirm the action of the Netherlands in selecting labor delegates who held the combined nomination of organizations representing the larger number of workers, although a single other organization might be more numerous than any one of those making up the majority of workers.

291. International regulation of conditions of labor of persons employed in agriculture. -- In this case the Court advised (Advisory Opinion No. 2) that

The competence of the International Labor Organization does extend to international regulation of the conditions of labor of persons employed in agriculture

It held that

Every argument used for the exclusion of agriculture might with equal force be used for the exclusion of navigation and fisheries.

Two of the judges dissented.

292. Agricultural production and the International Labor Or ganization. --

____________________
1
World Peace Foundation Pamphlet, Vol. IX, No. 2, 1926; "The Work of the Permanent Court of International Justice", American Bar Association Journal ( January 1926) XII, 34; and ( March 1928) XIV, 163.

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