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Permanent Court of International Justice

The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several centuries old), the Court was initially well-received from states and academics alike, with many cases submitted to it for its first decade of operation.

Permanent Court of International Justice
Cour permanente de justice internationale
The seal of the Permanent Court of International Justice. The successor International Court of Justice adopted the seal as well.
52°05′11.76″N 4°17′43.80″E / 52.0866000°N 4.2955000°E / 52.0866000; 4.2955000
Established1920
Dissolved1946
LocationThe Hague
Coordinates52°05′11.76″N 4°17′43.80″E / 52.0866000°N 4.2955000°E / 52.0866000; 4.2955000
The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice

Between 1922 and 1940 the Court heard a total of 29 cases and delivered 27 separate advisory opinions.[1] With the heightened international tension in the 1930s, the Court became less used. By a resolution from the League of Nations on 18 April 1946, both the Court and the League ceased to exist and were replaced by the International Court of Justice and the United Nations.

The Court's mandatory jurisdiction came from three sources: the Optional Clause of the League of Nations, general international conventions and special bipartite international treaties. Cases could also be submitted directly by states, but they were not bound to submit material unless it fell into those three categories. The Court could issue either judgments or advisory opinions. Judgments were directly binding but not advisory opinions. In practice, member states of the League of Nations followed advisory opinions anyway for fear of possibly undermining the moral and legal authority of the Court and the League.

History edit

Founding and early years edit

An international court had long been proposed; Pierre Dubois suggested it in 1305 and Émeric Crucé in 1623.[2] An idea of an international court of justice arose in the political world at the First Hague Peace Conference in 1899, where it was declared that arbitration between states was the easiest solution to disputes, providing a temporary panel of judges to arbitrate in such cases, the Permanent Court of Arbitration. At the Second Hague Peace Conference in 1907, a draft convention for a permanent Court of Arbitral Justice was written although disputes and other pressing business at the Conference meant that such a body was never established, owing to difficulties agreeing on a procedure to select the judges.[3] The outbreak of the First World War, and, in particular, its conclusion made it clear to many academics that some kind of world court was needed, and it was widely expected that one would be established.[4] Article 14 of the Covenant of the League of Nations, created after the Treaty of Versailles, allowed the League to investigate setting up an international court.[5] In June 1920, an Advisory Committee of jurists appointed by the League of Nations finally established a working guideline for the appointment of judges, and the Committee was then authorised to draft a constitution for a permanent court not of arbitration but of justice.[6] The Statute of the Permanent Court of International Justice was accepted in Geneva on December 13, 1920.[7]

The Court first sat on 30 January 1922, at the Peace Palace, The Hague, covering preliminary business during the first session (such as establishing procedure and appointing officers) Nine judges sat, along with three deputies, since Antonio Sánchez de Bustamante y Sirven, Ruy Barbosa and Wang Ch'ung-hui were unable to attend, the last being at the Washington Naval Conference.[8] The Court elected Bernard Loder as President and Max Huber as Vice-President; Huber was replaced by André Weiss a month later.[9] On 14 February the Court was officially opened, and rules of procedure were established on 24 March, when the court ended its first session.[10] The court first sat to decide cases on 15 June.[11] During its first year of business, the Court issued three advisory opinions, all related to the International Labour Organization created by the Treaty of Versailles.[12]

The initial reaction to the Court was good, from politicians, practising lawyers and academics alike. Ernest Pollock, the former Attorney General for England and Wales said, "May we not as lawyers regard the establishment of an International Court of Justice as an advance in the science that we pursue?" John Henry Wigmore said that the creation of the Court "should have given every lawyer a thrill of cosmic vibration", and James Brown Scott wrote that "the one dream of our ages has been realised in our time".[13] Much praise was heaped upon the appointment of an American judge despite the fact that the United States had not become a signatory to the Court's protocol, and it was thought that it would soon do so.[14]

Increasing work edit

 
U.S. President Warren G. Harding, who had first suggested American involvement; the U.S. demanded a veto, however, and never joined.

The Court faced increasing work as it went on, allaying the fears of those commentators who had believed the Court would become like the Supreme Court of the United States, which was not presented with a case for its first six terms.[15] The Court was given nine cases during 1922, however, with judgments called "cases" and advisory opinions called "questions". Three cases were disposed of during the Court's first session, one during an extraordinary sitting between 8 January and 7 February 1923 (the Tunis-Morocco Nationality Question), four during the second ordinary sitting between 15 June 1923 and 15 September 1923 (Eastern Carelia Question, S.S. "Wimbledon" case, German Settlers Question, Acquisition of Polish Nationality Question) and one during a second extraordinary session from 12 November to 6 December 1923 (Jaworznia Question).[16] A replacement for Ruy Barbosa (who had died on 1 March 1923 without hearing any cases) was also found, with the election of Epitácio Pessoa on 10 September 1923.[17] The workload the following year was reduced, containing two judgments and one advisory opinion; the Mavrommatis Palestine Concessions Case, the Interpretation of the Treaty of Neuilly Case (the first case of the Court's Chamber of Summary Procedure)[18] and the Monastery of Saint-Naoum Question.[19] During the same year, a new President and Vice-President were elected, since they were mandated to serve for a term of three years. At the elections on 4 September 1924, André Weiss was again elected Vice-President and Max Huber became the second President of the Court.[20] Judicial pensions were created at the same time, with a judge being given 1/30th of his annual pay for every year he had served once he had both retired and turned 65.[21]

1925 was an exceedingly busy year for the court, which sat for 210 days, with four extraordinary sessions as well as the ordinary session, producing 3 judgments and 4 advisory opinions. The first judgment was given in the Exchange of Greek and Turkish Populations Case, the second (by the Court of Summary Procedure) was on the interpretation of the Interpretation of the Treaty of Neuilly Case, and the third in the Mavrommatis Palestine Concessions Case.[22] The 4 advisory opinions issued by the Court were in the Polish Postal Service in Danzig Question, the Expulsion of the Ecumenical Patriarch Question, the Treaty of Lausanne Question and the German Interests in Polish Upper Silesia Question.[23] 1926 saw reduced business, with only one ordinary session and one extraordinary session; it was, however, the first year that all 11 judges had been present to hear cases.[24] The court heard two cases, providing one judgment and one advisory opinion; a second question on German Interests in Polish Upper Silesia, this time a judgment rather than an advisory opinion,[25] and an advisory opinion on the International Labour Organization.[26]

Despite the reduction of work in 1926, 1927 was another busy year, the Court sitting continuously from 15 June to 16 December, handing down 4 orders, 4 judgments and 1 advisory opinion.[27] The judgments were in the Belgium-China Case, the Case Concerning the Factory at Chorzow, the Lotus Case and a continuation of the Mavrommatis Jerusalem Concessions Case.[28] 3 of the advisory opinions were on the Competence of the European Commission on the Danube, and the 4th was on the Jurisdiction of Danzig Courts.[29] The 4 orders were on the German Interests in Polish Upper Silesia.[30] This year saw another set of elections; on 6 December, with Dionisio Anzilotti elected President and André Weiss elected Vice-President.[31] Weiss died the following year, and John Bassett Moore resigned; Max Huber was elected Vice-President on 12 September 1928 to succeed Weiss,[32] while a second death (Lord Finlay) left the Court increasingly understaffed.[33] Replacements for Moore and Finlay were elected on 19 September 1929; Henri Fromageot and Cecil Hurst respectively.[34]

After the second round of elections in September 1930, the Court was reorganised. On 16 January 1931 Mineichirō Adachi was appointed President, and Gustavo Guerrero Vice-President.[35]

United States never joins edit

The United States never joined the World Court, primarily because enemies of the League of Nations in the Senate argued that the Court was too closely linked to the League of Nations. The leading opponent was Senator William Borah, Republican of Idaho. The United States finally recognised the Court's jurisdiction, following a long and drawn out process. President Warren G. Harding had first suggested US involvement in 1923, and on 9 December 1929, three court protocols were signed. The U.S. demanded a veto over cases involving the U.S. but other nations rejected the idea.[36]

President Franklin Roosevelt did not risk his political capital and gave only passive support even though a two-thirds vote of approval was needed in the Senate.[37] A barrage of telegrams flooded Congress, inspired by attacks made by Charles Coughlin and others. The treaty failed by seven votes on January 29, 1935.[38]

The United States finally accepted the Court's jurisdiction on 28 December 1935, but the treaty was never ratified, and the U.S. never joined.[39] Francis Boyle attributes the failure to a strong isolationist element in the US Senate, arguing that the ineffectiveness shown by US nonparticipation in the Court and other international institutions could be linked to the start of the Second World War.[40]

Growing international tension and dissolution of the court edit

1933 was a busy year for the court, which cleared its 20th case (and "greatest triumph"); the Eastern Greenland Case.[41] This period was marked by growing international tension, however, with Japan and Germany announcing their withdrawal from the League of Nations, to come into effect in 1935. That did not directly affect the Court, since the protocol accepting Court jurisdiction was separately ratified, but it influenced whether a nation would be willing to bring a case before it, as evidenced by Germany's withdrawal from two pending cases.[42] 1934, the Court's 13th year, "has been in keeping with the traditions associated with that number", with few cases since the world's governments were more concerned with the growing international tension.[43] The Court's business continued to be small in 1935,[44] 1936, 1937, 1938,[45] and 1939[46] although 1937 was marked by Monaco's acceptance of the Court protocol.[47] The Court's judicial output in 1940 consisted entirely of a set of orders, completed in a meeting between 19 and 26 February, caused by an international situation, which left the Court with "uncertain prospects for the future". Following the German invasion of the Netherlands, the Court was unable to meet although the Registrar and President were afforded full diplomatic immunity.[48] Informed that the situation would not be tolerated after diplomatic missions from other nations left The Hague on 16 July, the President and Registrar left the Netherlands and moved to Switzerland, accompanied by their staff.[49]

The Court was unable to meet between 1941 and 1944,[50] but the framework remained intact, and it soon became apparent that the Court would be dissolved. In 1943, an international panel met to consider "the question of the Permanent Court of International Justice",[51] meeting from 20 March to 10 February 1944. The panel agreed that the name and functioning of the Court should be preserved but for some future court rather than a continuation of the current one. Between 21 August and 7 October 1944, the Dumbarton Oaks Conference was held, which, among other things, created an international court attached to the United Nations, to succeed the Permanent Court of International Justice.[52] As a result of these conferences and others, the judges of the Permanent Court of International Justice officially resigned in October 1945 and, via a resolution by the League of Nations on 18 April 1946, the Court and the League both ceased to exist, being replaced by the International Court of Justice and the United Nations.[53]

Organisation edit

 
The Permanent Court (bottom left) in the League of Nations organisation.[54]

Judges edit

 
Max Huber, the first Vice-President and second President of the Permanent Court of International Justice

The Court initially consisted of 11 judges and 4 deputy judges, recommended by member states of the League of Nations to the Secretary General of the League of Nations, who would put them before the Council and Assembly for election. The Council and Assembly were to bear in mind that the elected panel of judges was to represent every major legal tradition in the League, along with "every major civilisation". Each member state was allowed to recommend 4 potential judges, with a maximum of 2 from its own nation. Judges were elected by a straight majority vote, held independently in the Council and Assembly.[55] The judges served for a period of nine years, with their term limits all expiring at the same time, necessitating a completely new set of elections.[56] The judges were independent and rid themselves of their nationality for the purposes of hearing cases, owing allegiance to no individual member state, but it was forbidden to have more than one judge from the same state. As a sign of their independence from national ties, judges were given full diplomatic immunity when engaged in Court business. The only requirements for judges were "high moral character" and "the qualifications required in their respective countries [for] the highest judicial offices" or to be "jurisconsults of recognized competence in international law".[57]

The first panel was elected on 14 September 1921, with the 4 deputies being elected on the 16th. On the first vote, Rafael Altamira y Crevea of Spain, Dionisio Anzilotti of Italy, Bernard Loder of the Netherlands, Ruy Barbosa of Brazil, Yorozu Oda of Japan, André Weiss of France, Antonio Sánchez de Bustamante y Sirven of Cuba and Lord Finlay of the United Kingdom were elected by a majority vote of both the Council and Assembly on the first ballot taken. The second ballot elected John Bassett Moore of the United States, and the sixth Didrik Nyholm of Denmark and Max Huber of Switzerland.[58] As the deputy judges, Wang Ch'ung-hui of China, Demetre Negulesco of Romania and Michaelo Yovanovich of Yugoslavia were elected. The Assembly and Council disagreed on the fourth deputy judge, but Frederik Beichmann of Norway was eventually appointed.[59] Deputy judges were only substitutes for absent judges and were not afforded a vote in altering court procedure or contributing at other times.[60] As such, they were allowed to act as counsel in international cases where they were not sitting as judges.[61]

In 1930, the number of judges was increased to 15, and a new set of elections were held.[62] The election was held on 25 September 1930, with 14 candidates receiving a majority on the first ballot and a 15th, Francisco José Urrutia, receiving a majority on the second.[63] The full court was Urrutia, Mineichiro Adachi, Rafael Altamira y Crevea, Dionisio Anzilotti, Bustamante, Willem van Eysinga, Henri Fromageot, José Gustavo Guerrero, Cecil Hurst, Edouard Rolin-Jaequemyns, Frank B. Kellogg, Negulesco, Michał Jan Rostworowski, Walther Schücking and Wang Ch'ung-hui.[64]

Judges were paid 15,000 Dutch florins a year, with daily expenses of 50 florins to pay for living expenses, and an additional 45,000 florins for the President, who was required to live at The Hague. Travelling expenses were also provided, and a "duty allowance" of 100 florins was provided when the court was sitting, with 150 for the Vice-President. This duty allowance was limited to 20,000 florins a year for the judges and 30,000 florins for the Vice-President; as such, it provided for 200 days of court hearings, with no allowance provided if the court sat for longer. The deputy judges received no salary but, when called up for service, were provided with travel expenses, 50 florins a day for living expenses and 150 florins a day as a duty allowance.[65]

Procedure edit

Under the Covenant of the League of Nations, all League members agreed that if there was a dispute between states they "recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy", the matter would be submitted to the Court for arbitration, with suitable disputes being over the interpretation of an international treaty, a question on international law, the validity of facts, which, if true, would breach international obligations and the nature of any reparations to be made for breaching international obligations.[66] The original Statutes of the Court provided that all 11 judges were required to sit in every case. There were three exceptions: when reviewing Labour Clauses from a peace treaty such as the Treaty of Versailles (which was done by a special chamber of 5 judges, appointed every 3 years), when reviewing cases on communications or transport arising from a peace treaty (which used a similar procedure) and when hearing summary procedure cases, which were reviewed by a panel of 3 judges.[67]

To prevent the appearance of any bias in the court's makeup, if there was a judge belonging to one member state on the panel and the other member state was not "represented", they had the ability to select an ad hoc judge of their own nationality to hear the case. In a full court hearing, that increased the number to 12; in one of the 5-man chambers, the new judge took the place of one of the original 5. That did not apply to summary procedure cases.[68] The ad hoc judge, selected by the member state, was expected to fulfil all the requirements of a normal judge; the President of the Court had ultimate discretion over whether to authorise him to sit.[69] The Court was mandated to open on 15 June each year and continue until all cases were finished, with extraordinary sessions if required; by 1927, there were more extraordinary sessions than ordinary ones.[70] The Court's business being conducted in English and French as official languages, and hearings were public unless it was otherwise specified.[71]

After receiving files in a case calculated to lead to a judgment, the judges would exchange their views informally on the salient legal points of the case, and a time limit for producing a judgment would then be set. Then, each judge would write an anonymous summary containing his opinion; the opinions would be circulated among the Court for 2 or 3 days before the President drafted a judgment containing a summary of those submitted by individual judges. The Court would then agree on the decision that they wished to reach, along with the main points of argument they wished to use. Once this was done, a Committee of 4, including the President, the Registrar and two judges elected by secret ballot, drafted a final judgment, which was then voted on by the entire Court.[72] Once a final judgment was set, it was given to the public and the press.[73] Every judgment contained the reasons behind the decision and the judges assenting; dissenting judges were allowed to deliver their own judgment, with all judgments read in open court before the agents of the parties to the dispute. Judgments could not be revised except on the discovery of some fact unknown when the Court sat but not if the fact was known but not discussed because of negligence.[74]

The Court also issued "advisory opinions", which arose from Article 14 of the Covenant creating the Court, which provided, "The Court may also give an advisory opinion upon any dispute referred to it by the Council or Assembly". Goodrich interprets that as indicating that the drafters intended a purely advisory capacity for the Court, not a binding one. Manley Ottmer Hudson (who sat as a judge) said that an advisory opinion "was what it purported to be. It is advisory. It is not in any sense a judgement... hence it is not in any way binding on any state", but Charles De Visscher argued that in certain situations, an advisory opinion could be binding on the League of Nations Council and, under certain circumstances, some states; M. Politis agreed, saying that the Court's advisory opinions were equivalent to a binding judgment.[75] In 1927, the Court appointed a committee to look at this issue, and it reported that "where there are in fact contending parties, the difference between contentious cases and advisory cases is only nominal... so the view that advisory opinions are not binding is more theoretical than real".[76] In practice, advisory opinions were usually followed, mostly due to the fear that if this "revolutionary" international court's decisions were not followed, it would undermine its authority.[77] The court retained the discretion to avoid giving an advisory opinion, which it used on occasion.[78]

Registrar and Registry edit

Other than the judges, the Court also included a Registrar and his Secretariat, the Registry.[79] When the Court met for its initial session, opened on 30 January 1922 to allow for the establishment of procedure and the appointment of Court officials, the Secretary-General of the League of Nations passed an emergency resolution through the Assembly, which designated an official of the League and his staff as the Registrar and Registry respectively,[80] with the first Registrar being Åke Hammarskjöld.[81] The Registrar, required to reside within The Hague,[82] was initially tasked with drawing up a plan to create an efficient Secretariat, using the smallest number of staff possible and costing as little as possible. As a result, he decided to have each member of the Secretariat as the head of a particular Department, so the numbers of actual employees could be increased or decreased as necessary without impacting on the actual Registry. In 1927, the post of Deputy-Registrar was created, tasked with dealing with legal research for the Court and answering all diplomatic correspondence received by the Registry.[83]

The first Deputy-Registrar was Paul Ruegger; after his resignation on 17 August 1928, Julio Lopez Olivan was selected to succeed him.[84] Olivan resigned in 1931 to take over from Hammarskjöld as Registrar,[85] and was replaced by M. L. J. H. Jorstad.[86]

The three principal officers of the Registry, after the Registrar and Deputy-Registrar, were the three Editing Secretaries. The first Editing Secretary, known as the Drafting Secretary, was tasked with drafting the Court's publications (including the Confidential Bulletin, a document exclusively received by judges of the court) and Sections D and E of the official journal, comprising the legislative clauses conferring jurisdiction on the Court and the Court's Annual Report.[87] The second Editing Secretary, known as the Oral Secretary, was mainly responsible for the oral interpretation and translation of the Court's discussions. For public hearings, he was assisted by interpreters, but for private meetings, only he, the Registrar and the Deputy-Registrar were admitted. As a result of this duty, the Oral Secretary was also tasked with writing Section C of the official journal, which comprised the oral interpretations of Court minutes, along with cases and questions put before the court.[88] The third Secretary, known as the Written Secretary, was tasked with the written translations of the Court's business, which were "both numerous and voluminous". He was assisted in this by the other Secretaries and by translators for languages not his own; all Secretaries were expected to speak English and French fluently and to have working knowledge of German and Spanish.[89]

The Registry was split into several Departments; the Archives, the Accounting and Establishment, the Printing Service and the Copying Department. The Archives included a distribution service for the Court's documents and the legal texts used by the Court itself and was described as one of the most difficult departments to organise. The Accounting and Establishment Department dealt with the requests for and allocation of the Court's yearly budget, which was drawn up by the Registrar, approved by the Court and submitted to the League of Nations.[90] The Printing Department, run from a single printing plant in Leiden, was created to allow the circulation of the Court's publishings.[91] The Copying Department comprised shorthand, typing and copying services, and included secretaries for the Registrar and judges, emergency reporters capable of taking notes down verbatim and copyists; the smallest of the departments, it comprised between 12 and 40 staff depending on the business of the Court.[92]

Cases edit

Cases edit

Advisories edit

  • Status of Eastern Carelia Question 1923
  • Nationality Decrees Issued in Tunis and Morocco 1923
  • German Settlers in Poland 1923
  • Jaworzina 1923
  • Monastery of Saint-Naoum Question 1924
  • Exchange of Greek and Turkish Populations Question 1925
  • Polish Postal Service in Danzig Question 1925
  • the Expulsion of the Ecumenical Patriarch Question
  • the Treaty of Lausanne Question
  • Competence of the International Labour Organisation to Regulate Incidentally the Personal Work of the Employer 1926
  • Jurisdiction of the European Commission of the Danube
  • Jurisdiction of the Courts of Danzig Case 1928
  • Greco-Bulgarian "Communities" Question 1930
  • Interpretation of the Greco-Turkish Agreement 1928
  • Access to German Minority Schools in Upper Silesia 1931
  • Customs Regime between Germany and Austria Question 1931
  • Railway Traffic between Lithuania and Poland Question 1931
  • Interpretation of the Greco-Bulgarian Agreement 1932
  • Free Zones of Upper Savoy and the District of Gex 1932
  • Interpretation of the Convention of 1919 concerning Employment of Women during the Night 1932

Jurisdiction edit

The Court's jurisdiction was largely optional, but there were some situations in which they had "compulsory jurisdiction", and states were required to refer cases to them. That came from three sources: the Optional Clause of the League of Nations, general international conventions and "special bipartite international treaties".[93] The Optional Clause was a clause attached to the protocol establishing the court and required all signatories to refer certain classes of dispute to the court, with compulsory judgments resulting. There were approximately 30 international conventions under which the Court had similar jurisdiction, including the Treaty of Versailles, the Air Navigation Convention, the Treaty of St. Germain and all mandates signed by the League of Nations.[94] It was also foreseen that there would be clauses inserted in bipartite international treaties, which would allow the referral of disputes to the Court; that occurred, with such provisions found in treaties between Czechoslovakia and Austria, and between Czechoslovakia and Poland.[95]

Throughout its existence, the Court widened its jurisdiction as much as possible. Strictly speaking, the Court's jurisdiction was only for disputes between states, but it regularly accepted disputes that were between a state and an individual if a second state brought the individual's case to the Court. It argued that the second state assertsled its rights, and the cases therefore became one between two states.[96]

The proviso that the Court was for disputes that could not "be satisfactorily settled by diplomacy" never made it require evidence that diplomatic discussions had been attempted before bringing the case. In the Loan Cases, it asserted jurisdiction despite the fact that there was no alleged breach of international law, and it could not be shown that there was any international element to the claim. The Court justified itself by saying that the Covenant of the League of Nations allowed it to have jurisdiction in cases over "the existence of any fact which, if established, would constitute a breach of international obligations" and argued that since the fact "may be of any kind", it had jurisdiction if the dispute is one of municipal law. It had been long established that municipal law may be considered as a side point to a dispute over international law, but the Loan Cases discussed municipal law without the application of any international points.[97]

See also edit

References edit

  1. ^ Permanent Court of International Justice, www.icj-cij.org, accessed 4 March 2021
  2. ^ Hudson (1922) p.245
  3. ^ Scott (1920) p.581
  4. ^ Hudson (1922) p.246
  5. ^ Hudson (1922) p.247
  6. ^ Scott (1920) p.582
  7. ^ Text in League of Nations Treaty Series, vol. 6, pp. 380–413.
  8. ^ Hudson (January 1923) p.15
  9. ^ Hudson (1925) p.49
  10. ^ Hudson (January 1923) p.16
  11. ^ Hammarskjold (1923) p.704
  12. ^ Hudson (January 1923) p.19
  13. ^ Hudson (January 1923) p.27
  14. ^ Hudson (January 1923) p.28
  15. ^ Hudson (1924) p.1
  16. ^ Hudson (1924) p.2
  17. ^ Hudson (1924) p.33
  18. ^ Hudson (1925) p.55
  19. ^ Hudson (1925) p.48
  20. ^ Hudson (1925) p.57
  21. ^ Hudson (1925) p.58
  22. ^ Hudson (1926) p.6
  23. ^ Hudson (1926) p.19
  24. ^ Hudson (1927) p.26
  25. ^ Hudson (1927) p.27
  26. ^ Hudson (1927) p.30
  27. ^ Hudson (1928) p.1
  28. ^ Hudson (1928) p.10
  29. ^ Hudson (1928) p.21
  30. ^ Hudson (1928) p.22
  31. ^ Hudson (1928) p.26
  32. ^ Hudson (1929) p.28
  33. ^ Hudson (Jan 1930) p.38
  34. ^ Hudson (Jan 1930) p.39
  35. ^ Hudson (1932) p.1
  36. ^ L. Ethan Ellis, Republican foreign policy, 1921–1933 (1968) pp 70–75.
  37. ^ Gilbert N. Kahn, "Presidential Passivity on a Nonsalient Issue: President Franklin D. Roosevelt and the 1935 World Court Fight." Diplomatic History 4.2 (1980): 137–160.
  38. ^ Michla Pomerance (1996). The United States and The World Court as a "Supreme Court of the Nations": Dreams, Illusions and Disillusion. Martinus Nijhoff Publishers. pp. 132–33. ISBN 9041102043.
  39. ^ "Signature and Ratification of the Protocol of the Permanent Court of International Justice (PCIJ) Member States". Archives of the League of Nations. Retrieved 22 January 2010.
  40. ^ Boyle (1985) p.54
  41. ^ Hudson (1933) p.1
  42. ^ Hudson (1934) p.18
  43. ^ Hudson (1935) p.1
  44. ^ Hudson (January 1936) p.1
  45. ^ Hudson (1939) p.1
  46. ^ Hudson (1940) p.1
  47. ^ Hudson (1938) p.1
  48. ^ Hudson (1941) p.1
  49. ^ Hudson (1941) p.2
  50. ^ Hudson (1945) p.1
  51. ^ Hudson (1957) p.570
  52. ^ Hudson (1957) p.571
  53. ^ Hudson (1957) p.569
  54. ^ Grandjean, Martin (2017). "Analisi e visualizzazioni delle reti in storia. L'esempio della cooperazione intellettuale della Società delle Nazioni" [Analysis and visualization of networks in history. The example of the intellectual cooperation of the League of Nations]. Memoria e Ricerca (2): 371–393. doi:10.14647/87204. See also: French version (PDF) and English summary.
  55. ^ Scott (1921) p.556
  56. ^ Hudson (1930) p.719
  57. ^ Moore (1922) p.504
  58. ^ Scott (1921) p.557
  59. ^ Scott (1921) p.558
  60. ^ Moore (1922) p.508
  61. ^ Moore (1922) p.509
  62. ^ Hudson (1931) p.21
  63. ^ Hudson (1931) p.22
  64. ^ Hudson (1931) p.23
  65. ^ Moore (1922) p.506
  66. ^ Moore (1922) p.500
  67. ^ Moore (1922) p.501
  68. ^ Moore (1922) p.506
  69. ^ Hill (1931) p.673
  70. ^ Hammarskjold (1927) p.328
  71. ^ Moore (1922) p.507
  72. ^ Hammarskjold (1927) p.330
  73. ^ Hammarskjold (1927) p.334
  74. ^ Hammarskjold (1927) p.331
  75. ^ Goodrich (1938) p.738
  76. ^ Goodrich (1938) p.739
  77. ^ Goodrich (1938) p.740
  78. ^ Hammarskjold (1927) p.338
  79. ^ Hammarskjold (1927) p. 329
  80. ^ Hammarskjold (1927) p. 340
  81. ^ Hudson (January 1923) p. 17
  82. ^ Bustamante (1923) p. 132
  83. ^ Hammarskjold (1927) p. 341
  84. ^ Hudson (1929) p.29
  85. ^ Hudson (1937) p. 15
  86. ^ Hudson (1932) p. 2
  87. ^ Hammarskjold (1927) p. 342
  88. ^ Hammarskjold (1927) p. 343
  89. ^ Hammarskjold (1927) p. 344
  90. ^ Hammarskjold (1927) p. 345
  91. ^ Hammarskjold (1927) p. 347
  92. ^ Hammarskjold (1927) p. 350
  93. ^ Hudson (July 1923) p.121
  94. ^ Hudson (January 1923) p.24
  95. ^ Hudson (July 1923) p.122
  96. ^ Jacoby (1936) p.234
  97. ^ Jacoby (1936) p.237

Bibliography edit

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  • Boyle, Francis Anthony (1985). World politics and international law. Duke University Press. ISBN 978-0-8223-0655-9.
  • Bustamante Y Sirven, Antonio S. de (1923). "The Permanent Court of International Justice". Minnesota Law Review. University of Minnesota Law School (9). ISSN 0026-5535.
  • Dunne, Michael. "Isolationism of a Kind: Two Generations of World Court Historiography in the United States." Journal of American Studies 21#3 (1987): 327–351.
  • Dunne, Michael. The United States and the World Court, 1920–1935 (1988).
  • Goodrich, Leland M. (1938). "The Nature of the Advisory Opinions of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 32 (4): 738–758. doi:10.2307/2190594. ISSN 0002-9300. JSTOR 2190594. S2CID 147163061.
  • Hammarskjold, A. (1927). "Sidelights on the Permanent Court of International Justice". Harvard Law Review. 25 (4): 327–353. doi:10.2307/1279363. ISSN 0026-2234. JSTOR 1279363.
  • Hammarskjold, A. (1923). "The Early Work of the Permanent Court of International Justice". Michigan Law Review. 36 (6): 704–725. doi:10.2307/1328280. ISSN 0017-811X. JSTOR 1328280.
  • Hill, Norman L. (1931). "National Judges in the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 25 (4): 670–683. doi:10.2307/2189917. ISSN 0002-9300. JSTOR 2189917. S2CID 147690819.
  • Hudson, Manley O. (1922). "The Permanent Court of International Justice". Harvard Law Review. 35 (3): 245–275. doi:10.2307/1329614. ISSN 0026-2234. JSTOR 1329614.
  • Hudson, Manley O. (January 1923). "The First Year of the Permanent Court of International Justice". Harvard Law Review. 17 (1). ISSN 0017-811X.
  • Hudson, Manley O. (July 1923). "The Work and the Jurisdiction of the Permanent Court of International Justice". Proceedings of the Academy of Political Science in the City of New York. Academy of Political Science. 10 (3): 115–123. doi:10.2307/1171805. ISSN 1548-7237. JSTOR 1171805.
  • Hudson, Manley O. (1924). "The Second Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 18 (1): 1–37. doi:10.2307/2189220. ISSN 0002-9300. JSTOR 2189220. S2CID 147068086.
  • Hudson, Manley O. (1925). "The Third Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 19 (1): 48–75. doi:10.2307/2189082. ISSN 0002-9300. JSTOR 2189082. S2CID 147690767.
  • Hudson, Manley O. (1926). "The Fourth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 20 (1). ISSN 0002-9300.
  • Hudson, Manley O. (1927). "The Fifth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 21 (1): 26–35. doi:10.2307/2188593. ISSN 0002-9300. JSTOR 2188593. S2CID 147439381.
  • Hudson, Manley O. (1928). "The Sixth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 22 (1). ISSN 0002-9300.
  • Hudson, Manley O. (1929). "The Seventh Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 23 (1): 1–29. doi:10.2307/2190232. ISSN 0002-9300. JSTOR 2190232. S2CID 147335984.
  • Hudson, Manley O. (Jan 1930). "The Eighth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 24 (1). ISSN 0002-9300.
  • Hudson, Manley O. (1930). "The Election of Members of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 25 (4). ISSN 0002-9300.
  • Hudson, Manley O. (1931). "The Ninth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 25 (1). ISSN 0002-9300.
  • Hudson, Manley O. (1932). "The Tenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 26 (1). doi:10.2307/2190212. ISSN 0002-9300. JSTOR 2190212. S2CID 147498530.
  • Hudson, Manley O. (1933). "The Eleventh Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 27 (1): 11–38. doi:10.2307/2189781. ISSN 0002-9300. JSTOR 2189781. S2CID 146921184.
  • Hudson, Manley O. (1934). "The Twelfth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 28 (1): 1–18. doi:10.2307/2190290. ISSN 0002-9300. JSTOR 2190290. S2CID 146934110.
  • Hudson, Manley O. (1935). "The Thirteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 29 (1). ISSN 0002-9300.
  • Hudson, Manley O. (January 1936). "The Fourteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 30 (1). ISSN 0002-9300.
  • Jacoby, Sidney B. (1936). "Some Aspects of the Jurisdiction of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 30 (2): 233–255. doi:10.2307/2191089. ISSN 0002-9300. JSTOR 2191089. S2CID 146929876.
  • Hudson, Manley O. (1937). "The Fifteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 31 (1): 1–16. doi:10.2307/2190710. ISSN 0002-9300. JSTOR 2190710. S2CID 147117212.
  • Hudson, Manley O. (1938). "The Sixteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 32 (1): 1–18. doi:10.2307/2190628. ISSN 0002-9300. JSTOR 2190628. S2CID 146815934.
  • Hudson, Manley O. (1939). "The Seventeenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 33 (1): 1–11. doi:10.2307/2190835. ISSN 0002-9300. JSTOR 2190835.
  • Hudson, Manley O. (1940). "The Eighteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 34 (1): 1–22. doi:10.2307/2192961. ISSN 0002-9300. JSTOR 2192961. S2CID 147181932.
  • Hudson, Manley O. (1941). "The Nineteenth Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 35 (1): 1–11. doi:10.2307/2192595. ISSN 0002-9300. JSTOR 2192595. S2CID 146862789.
  • Hudson, Manley O. (1945). "The Twenty-Third Year of the Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 36 (1). ISSN 0002-9300.
  • Hudson, Manley O. (1957). "The Succession of the International Court of Justice to the Permanent Court of International". The American Journal of International Law. American Society of International Law. 51 (3). doi:10.2307/2195063. ISSN 0002-9300. JSTOR 2195063. S2CID 146855383.
  • Kahn, Gilbert N. "Presidential Passivity on a Nonsalient Issue: President Franklin D. Roosevelt and the 1935 World Court Fight." Diplomatic History 4.2 (1980): 137–160.
  • Moore, John Bassett (1922). "The Organization of the Permanent Court of International Justice". Columbia Law Review. Columbia Law School. 22 (6): 497–526. doi:10.2307/1111551. ISSN 0010-1958. JSTOR 1111551.
  • Pomerance, Michla (1996). The United States and The World Court as a "Supreme Court of the Nations": Dreams, Illusions and Disillusion. Martinus Nijhoff. pp. 132–33. ISBN 9041102043.
  • Scott, James Brown (1920). "A Permanent Court of International Justice". The American Journal of International Law. American Society of International Law. 14 (4). ISSN 0002-9300.
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  • World Peace Foundation Pamphlet Series, vol. 580, World Peace Foundation, 1925, OCLC 426522229

External links edit

permanent, court, international, justice, pcij, redirects, here, philippine, media, organization, philippine, center, investigative, journalism, often, called, world, court, existed, from, 1922, 1946, international, court, attached, league, nations, created, 1. PCIJ redirects here For the Philippine media organization see Philippine Center for Investigative Journalism The Permanent Court of International Justice often called the World Court existed from 1922 to 1946 It was an international court attached to the League of Nations Created in 1920 although the idea of an international court was several centuries old the Court was initially well received from states and academics alike with many cases submitted to it for its first decade of operation Permanent Court of International JusticeCour permanente de justice internationaleThe seal of the Permanent Court of International Justice The successor International Court of Justice adopted the seal as well 52 05 11 76 N 4 17 43 80 E 52 0866000 N 4 2955000 E 52 0866000 4 2955000Established1920Dissolved1946LocationThe HagueCoordinates52 05 11 76 N 4 17 43 80 E 52 0866000 N 4 2955000 E 52 0866000 4 2955000The Peace Palace in The Hague Netherlands home to the Permanent Court of International JusticeBetween 1922 and 1940 the Court heard a total of 29 cases and delivered 27 separate advisory opinions 1 With the heightened international tension in the 1930s the Court became less used By a resolution from the League of Nations on 18 April 1946 both the Court and the League ceased to exist and were replaced by the International Court of Justice and the United Nations The Court s mandatory jurisdiction came from three sources the Optional Clause of the League of Nations general international conventions and special bipartite international treaties Cases could also be submitted directly by states but they were not bound to submit material unless it fell into those three categories The Court could issue either judgments or advisory opinions Judgments were directly binding but not advisory opinions In practice member states of the League of Nations followed advisory opinions anyway for fear of possibly undermining the moral and legal authority of the Court and the League Contents 1 History 1 1 Founding and early years 1 2 Increasing work 1 3 United States never joins 1 4 Growing international tension and dissolution of the court 2 Organisation 2 1 Judges 2 2 Procedure 2 3 Registrar and Registry 3 Cases 3 1 Cases 3 2 Advisories 4 Jurisdiction 5 See also 6 References 7 Bibliography 8 External linksHistory editFounding and early years edit An international court had long been proposed Pierre Dubois suggested it in 1305 and Emeric Cruce in 1623 2 An idea of an international court of justice arose in the political world at the First Hague Peace Conference in 1899 where it was declared that arbitration between states was the easiest solution to disputes providing a temporary panel of judges to arbitrate in such cases the Permanent Court of Arbitration At the Second Hague Peace Conference in 1907 a draft convention for a permanent Court of Arbitral Justice was written although disputes and other pressing business at the Conference meant that such a body was never established owing to difficulties agreeing on a procedure to select the judges 3 The outbreak of the First World War and in particular its conclusion made it clear to many academics that some kind of world court was needed and it was widely expected that one would be established 4 Article 14 of the Covenant of the League of Nations created after the Treaty of Versailles allowed the League to investigate setting up an international court 5 In June 1920 an Advisory Committee of jurists appointed by the League of Nations finally established a working guideline for the appointment of judges and the Committee was then authorised to draft a constitution for a permanent court not of arbitration but of justice 6 The Statute of the Permanent Court of International Justice was accepted in Geneva on December 13 1920 7 The Court first sat on 30 January 1922 at the Peace Palace The Hague covering preliminary business during the first session such as establishing procedure and appointing officers Nine judges sat along with three deputies since Antonio Sanchez de Bustamante y Sirven Ruy Barbosa and Wang Ch ung hui were unable to attend the last being at the Washington Naval Conference 8 The Court elected Bernard Loder as President and Max Huber as Vice President Huber was replaced by Andre Weiss a month later 9 On 14 February the Court was officially opened and rules of procedure were established on 24 March when the court ended its first session 10 The court first sat to decide cases on 15 June 11 During its first year of business the Court issued three advisory opinions all related to the International Labour Organization created by the Treaty of Versailles 12 The initial reaction to the Court was good from politicians practising lawyers and academics alike Ernest Pollock the former Attorney General for England and Wales said May we not as lawyers regard the establishment of an International Court of Justice as an advance in the science that we pursue John Henry Wigmore said that the creation of the Court should have given every lawyer a thrill of cosmic vibration and James Brown Scott wrote that the one dream of our ages has been realised in our time 13 Much praise was heaped upon the appointment of an American judge despite the fact that the United States had not become a signatory to the Court s protocol and it was thought that it would soon do so 14 Increasing work edit nbsp U S President Warren G Harding who had first suggested American involvement the U S demanded a veto however and never joined The Court faced increasing work as it went on allaying the fears of those commentators who had believed the Court would become like the Supreme Court of the United States which was not presented with a case for its first six terms 15 The Court was given nine cases during 1922 however with judgments called cases and advisory opinions called questions Three cases were disposed of during the Court s first session one during an extraordinary sitting between 8 January and 7 February 1923 the Tunis Morocco Nationality Question four during the second ordinary sitting between 15 June 1923 and 15 September 1923 Eastern Carelia Question S S Wimbledon case German Settlers Question Acquisition of Polish Nationality Question and one during a second extraordinary session from 12 November to 6 December 1923 Jaworznia Question 16 A replacement for Ruy Barbosa who had died on 1 March 1923 without hearing any cases was also found with the election of Epitacio Pessoa on 10 September 1923 17 The workload the following year was reduced containing two judgments and one advisory opinion the Mavrommatis Palestine Concessions Case the Interpretation of the Treaty of Neuilly Case the first case of the Court s Chamber of Summary Procedure 18 and the Monastery of Saint Naoum Question 19 During the same year a new President and Vice President were elected since they were mandated to serve for a term of three years At the elections on 4 September 1924 Andre Weiss was again elected Vice President and Max Huber became the second President of the Court 20 Judicial pensions were created at the same time with a judge being given 1 30th of his annual pay for every year he had served once he had both retired and turned 65 21 1925 was an exceedingly busy year for the court which sat for 210 days with four extraordinary sessions as well as the ordinary session producing 3 judgments and 4 advisory opinions The first judgment was given in the Exchange of Greek and Turkish Populations Case the second by the Court of Summary Procedure was on the interpretation of the Interpretation of the Treaty of Neuilly Case and the third in the Mavrommatis Palestine Concessions Case 22 The 4 advisory opinions issued by the Court were in the Polish Postal Service in Danzig Question the Expulsion of the Ecumenical Patriarch Question the Treaty of Lausanne Question and the German Interests in Polish Upper Silesia Question 23 1926 saw reduced business with only one ordinary session and one extraordinary session it was however the first year that all 11 judges had been present to hear cases 24 The court heard two cases providing one judgment and one advisory opinion a second question on German Interests in Polish Upper Silesia this time a judgment rather than an advisory opinion 25 and an advisory opinion on the International Labour Organization 26 Despite the reduction of work in 1926 1927 was another busy year the Court sitting continuously from 15 June to 16 December handing down 4 orders 4 judgments and 1 advisory opinion 27 The judgments were in the Belgium China Case the Case Concerning the Factory at Chorzow the Lotus Case and a continuation of the Mavrommatis Jerusalem Concessions Case 28 3 of the advisory opinions were on the Competence of the European Commission on the Danube and the 4th was on the Jurisdiction of Danzig Courts 29 The 4 orders were on the German Interests in Polish Upper Silesia 30 This year saw another set of elections on 6 December with Dionisio Anzilotti elected President and Andre Weiss elected Vice President 31 Weiss died the following year and John Bassett Moore resigned Max Huber was elected Vice President on 12 September 1928 to succeed Weiss 32 while a second death Lord Finlay left the Court increasingly understaffed 33 Replacements for Moore and Finlay were elected on 19 September 1929 Henri Fromageot and Cecil Hurst respectively 34 After the second round of elections in September 1930 the Court was reorganised On 16 January 1931 Mineichirō Adachi was appointed President and Gustavo Guerrero Vice President 35 United States never joins edit The United States never joined the World Court primarily because enemies of the League of Nations in the Senate argued that the Court was too closely linked to the League of Nations The leading opponent was Senator William Borah Republican of Idaho The United States finally recognised the Court s jurisdiction following a long and drawn out process President Warren G Harding had first suggested US involvement in 1923 and on 9 December 1929 three court protocols were signed The U S demanded a veto over cases involving the U S but other nations rejected the idea 36 President Franklin Roosevelt did not risk his political capital and gave only passive support even though a two thirds vote of approval was needed in the Senate 37 A barrage of telegrams flooded Congress inspired by attacks made by Charles Coughlin and others The treaty failed by seven votes on January 29 1935 38 The United States finally accepted the Court s jurisdiction on 28 December 1935 but the treaty was never ratified and the U S never joined 39 Francis Boyle attributes the failure to a strong isolationist element in the US Senate arguing that the ineffectiveness shown by US nonparticipation in the Court and other international institutions could be linked to the start of the Second World War 40 Growing international tension and dissolution of the court edit 1933 was a busy year for the court which cleared its 20th case and greatest triumph the Eastern Greenland Case 41 This period was marked by growing international tension however with Japan and Germany announcing their withdrawal from the League of Nations to come into effect in 1935 That did not directly affect the Court since the protocol accepting Court jurisdiction was separately ratified but it influenced whether a nation would be willing to bring a case before it as evidenced by Germany s withdrawal from two pending cases 42 1934 the Court s 13th year has been in keeping with the traditions associated with that number with few cases since the world s governments were more concerned with the growing international tension 43 The Court s business continued to be small in 1935 44 1936 1937 1938 45 and 1939 46 although 1937 was marked by Monaco s acceptance of the Court protocol 47 The Court s judicial output in 1940 consisted entirely of a set of orders completed in a meeting between 19 and 26 February caused by an international situation which left the Court with uncertain prospects for the future Following the German invasion of the Netherlands the Court was unable to meet although the Registrar and President were afforded full diplomatic immunity 48 Informed that the situation would not be tolerated after diplomatic missions from other nations left The Hague on 16 July the President and Registrar left the Netherlands and moved to Switzerland accompanied by their staff 49 The Court was unable to meet between 1941 and 1944 50 but the framework remained intact and it soon became apparent that the Court would be dissolved In 1943 an international panel met to consider the question of the Permanent Court of International Justice 51 meeting from 20 March to 10 February 1944 The panel agreed that the name and functioning of the Court should be preserved but for some future court rather than a continuation of the current one Between 21 August and 7 October 1944 the Dumbarton Oaks Conference was held which among other things created an international court attached to the United Nations to succeed the Permanent Court of International Justice 52 As a result of these conferences and others the judges of the Permanent Court of International Justice officially resigned in October 1945 and via a resolution by the League of Nations on 18 April 1946 the Court and the League both ceased to exist being replaced by the International Court of Justice and the United Nations 53 Organisation edit nbsp The Permanent Court bottom left in the League of Nations organisation 54 Judges edit Main article Judges of the Permanent Court of International Justice nbsp Max Huber the first Vice President and second President of the Permanent Court of International JusticeThe Court initially consisted of 11 judges and 4 deputy judges recommended by member states of the League of Nations to the Secretary General of the League of Nations who would put them before the Council and Assembly for election The Council and Assembly were to bear in mind that the elected panel of judges was to represent every major legal tradition in the League along with every major civilisation Each member state was allowed to recommend 4 potential judges with a maximum of 2 from its own nation Judges were elected by a straight majority vote held independently in the Council and Assembly 55 The judges served for a period of nine years with their term limits all expiring at the same time necessitating a completely new set of elections 56 The judges were independent and rid themselves of their nationality for the purposes of hearing cases owing allegiance to no individual member state but it was forbidden to have more than one judge from the same state As a sign of their independence from national ties judges were given full diplomatic immunity when engaged in Court business The only requirements for judges were high moral character and the qualifications required in their respective countries for the highest judicial offices or to be jurisconsults of recognized competence in international law 57 The first panel was elected on 14 September 1921 with the 4 deputies being elected on the 16th On the first vote Rafael Altamira y Crevea of Spain Dionisio Anzilotti of Italy Bernard Loder of the Netherlands Ruy Barbosa of Brazil Yorozu Oda of Japan Andre Weiss of France Antonio Sanchez de Bustamante y Sirven of Cuba and Lord Finlay of the United Kingdom were elected by a majority vote of both the Council and Assembly on the first ballot taken The second ballot elected John Bassett Moore of the United States and the sixth Didrik Nyholm of Denmark and Max Huber of Switzerland 58 As the deputy judges Wang Ch ung hui of China Demetre Negulesco of Romania and Michaelo Yovanovich of Yugoslavia were elected The Assembly and Council disagreed on the fourth deputy judge but Frederik Beichmann of Norway was eventually appointed 59 Deputy judges were only substitutes for absent judges and were not afforded a vote in altering court procedure or contributing at other times 60 As such they were allowed to act as counsel in international cases where they were not sitting as judges 61 In 1930 the number of judges was increased to 15 and a new set of elections were held 62 The election was held on 25 September 1930 with 14 candidates receiving a majority on the first ballot and a 15th Francisco Jose Urrutia receiving a majority on the second 63 The full court was Urrutia Mineichiro Adachi Rafael Altamira y Crevea Dionisio Anzilotti Bustamante Willem van Eysinga Henri Fromageot Jose Gustavo Guerrero Cecil Hurst Edouard Rolin Jaequemyns Frank B Kellogg Negulesco Michal Jan Rostworowski Walther Schucking and Wang Ch ung hui 64 Judges were paid 15 000 Dutch florins a year with daily expenses of 50 florins to pay for living expenses and an additional 45 000 florins for the President who was required to live at The Hague Travelling expenses were also provided and a duty allowance of 100 florins was provided when the court was sitting with 150 for the Vice President This duty allowance was limited to 20 000 florins a year for the judges and 30 000 florins for the Vice President as such it provided for 200 days of court hearings with no allowance provided if the court sat for longer The deputy judges received no salary but when called up for service were provided with travel expenses 50 florins a day for living expenses and 150 florins a day as a duty allowance 65 Procedure edit Under the Covenant of the League of Nations all League members agreed that if there was a dispute between states they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy the matter would be submitted to the Court for arbitration with suitable disputes being over the interpretation of an international treaty a question on international law the validity of facts which if true would breach international obligations and the nature of any reparations to be made for breaching international obligations 66 The original Statutes of the Court provided that all 11 judges were required to sit in every case There were three exceptions when reviewing Labour Clauses from a peace treaty such as the Treaty of Versailles which was done by a special chamber of 5 judges appointed every 3 years when reviewing cases on communications or transport arising from a peace treaty which used a similar procedure and when hearing summary procedure cases which were reviewed by a panel of 3 judges 67 To prevent the appearance of any bias in the court s makeup if there was a judge belonging to one member state on the panel and the other member state was not represented they had the ability to select an ad hoc judge of their own nationality to hear the case In a full court hearing that increased the number to 12 in one of the 5 man chambers the new judge took the place of one of the original 5 That did not apply to summary procedure cases 68 The ad hoc judge selected by the member state was expected to fulfil all the requirements of a normal judge the President of the Court had ultimate discretion over whether to authorise him to sit 69 The Court was mandated to open on 15 June each year and continue until all cases were finished with extraordinary sessions if required by 1927 there were more extraordinary sessions than ordinary ones 70 The Court s business being conducted in English and French as official languages and hearings were public unless it was otherwise specified 71 After receiving files in a case calculated to lead to a judgment the judges would exchange their views informally on the salient legal points of the case and a time limit for producing a judgment would then be set Then each judge would write an anonymous summary containing his opinion the opinions would be circulated among the Court for 2 or 3 days before the President drafted a judgment containing a summary of those submitted by individual judges The Court would then agree on the decision that they wished to reach along with the main points of argument they wished to use Once this was done a Committee of 4 including the President the Registrar and two judges elected by secret ballot drafted a final judgment which was then voted on by the entire Court 72 Once a final judgment was set it was given to the public and the press 73 Every judgment contained the reasons behind the decision and the judges assenting dissenting judges were allowed to deliver their own judgment with all judgments read in open court before the agents of the parties to the dispute Judgments could not be revised except on the discovery of some fact unknown when the Court sat but not if the fact was known but not discussed because of negligence 74 The Court also issued advisory opinions which arose from Article 14 of the Covenant creating the Court which provided The Court may also give an advisory opinion upon any dispute referred to it by the Council or Assembly Goodrich interprets that as indicating that the drafters intended a purely advisory capacity for the Court not a binding one Manley Ottmer Hudson who sat as a judge said that an advisory opinion was what it purported to be It is advisory It is not in any sense a judgement hence it is not in any way binding on any state but Charles De Visscher argued that in certain situations an advisory opinion could be binding on the League of Nations Council and under certain circumstances some states M Politis agreed saying that the Court s advisory opinions were equivalent to a binding judgment 75 In 1927 the Court appointed a committee to look at this issue and it reported that where there are in fact contending parties the difference between contentious cases and advisory cases is only nominal so the view that advisory opinions are not binding is more theoretical than real 76 In practice advisory opinions were usually followed mostly due to the fear that if this revolutionary international court s decisions were not followed it would undermine its authority 77 The court retained the discretion to avoid giving an advisory opinion which it used on occasion 78 Registrar and Registry edit Other than the judges the Court also included a Registrar and his Secretariat the Registry 79 When the Court met for its initial session opened on 30 January 1922 to allow for the establishment of procedure and the appointment of Court officials the Secretary General of the League of Nations passed an emergency resolution through the Assembly which designated an official of the League and his staff as the Registrar and Registry respectively 80 with the first Registrar being Ake Hammarskjold 81 The Registrar required to reside within The Hague 82 was initially tasked with drawing up a plan to create an efficient Secretariat using the smallest number of staff possible and costing as little as possible As a result he decided to have each member of the Secretariat as the head of a particular Department so the numbers of actual employees could be increased or decreased as necessary without impacting on the actual Registry In 1927 the post of Deputy Registrar was created tasked with dealing with legal research for the Court and answering all diplomatic correspondence received by the Registry 83 The first Deputy Registrar was Paul Ruegger after his resignation on 17 August 1928 Julio Lopez Olivan was selected to succeed him 84 Olivan resigned in 1931 to take over from Hammarskjold as Registrar 85 and was replaced by M L J H Jorstad 86 The three principal officers of the Registry after the Registrar and Deputy Registrar were the three Editing Secretaries The first Editing Secretary known as the Drafting Secretary was tasked with drafting the Court s publications including the Confidential Bulletin a document exclusively received by judges of the court and Sections D and E of the official journal comprising the legislative clauses conferring jurisdiction on the Court and the Court s Annual Report 87 The second Editing Secretary known as the Oral Secretary was mainly responsible for the oral interpretation and translation of the Court s discussions For public hearings he was assisted by interpreters but for private meetings only he the Registrar and the Deputy Registrar were admitted As a result of this duty the Oral Secretary was also tasked with writing Section C of the official journal which comprised the oral interpretations of Court minutes along with cases and questions put before the court 88 The third Secretary known as the Written Secretary was tasked with the written translations of the Court s business which were both numerous and voluminous He was assisted in this by the other Secretaries and by translators for languages not his own all Secretaries were expected to speak English and French fluently and to have working knowledge of German and Spanish 89 The Registry was split into several Departments the Archives the Accounting and Establishment the Printing Service and the Copying Department The Archives included a distribution service for the Court s documents and the legal texts used by the Court itself and was described as one of the most difficult departments to organise The Accounting and Establishment Department dealt with the requests for and allocation of the Court s yearly budget which was drawn up by the Registrar approved by the Court and submitted to the League of Nations 90 The Printing Department run from a single printing plant in Leiden was created to allow the circulation of the Court s publishings 91 The Copying Department comprised shorthand typing and copying services and included secretaries for the Registrar and judges emergency reporters capable of taking notes down verbatim and copyists the smallest of the departments it comprised between 12 and 40 staff depending on the business of the Court 92 Cases editCases edit S S Wimbledon case 1923 Mavrommatis Palestine Concessions 1924 Interpretation of the Treaty of Neuilly Case 1924 Mavrommatis Jerusalem Concessions 1925 Certain German Interests in Polish Upper Silesia 1926 Factory at Chorzow case 1927 The Lotus case 1927 Rights of Minorities in Upper Silesia Minority Schools 1928 Free Zones of Upper Savoy and the District of Gex France v Switzerland Brazilian Loans case 1929 Serbian Loans case 1929 Territorial Jurisdiction of the International Commission of the Oder River Case 1929 Legal Status of the South Eastern Territory of Greenland 1932 Lighthouses case between France and Greece 1934 Oscar Chinn case 1934 Minority Schools in Albania case 1935 Losinger case 1936 Diversion of Water from the Meuse Case 1937 Borchgrave case 1937 Phosphates in Morocco case 1938 Panevezys Saldutiskis Railway case 1939 Electricity Company of Sofia and Bulgaria case 1939 Societe Commerciale de Belgique 1939Advisories edit Status of Eastern Carelia Question 1923 Nationality Decrees Issued in Tunis and Morocco 1923 German Settlers in Poland 1923 Jaworzina 1923 Monastery of Saint Naoum Question 1924 Exchange of Greek and Turkish Populations Question 1925 Polish Postal Service in Danzig Question 1925 the Expulsion of the Ecumenical Patriarch Question the Treaty of Lausanne Question Competence of the International Labour Organisation to Regulate Incidentally the Personal Work of the Employer 1926 Jurisdiction of the European Commission of the Danube Jurisdiction of the Courts of Danzig Case 1928 Greco Bulgarian Communities Question 1930 Interpretation of the Greco Turkish Agreement 1928 Access to German Minority Schools in Upper Silesia 1931 Customs Regime between Germany and Austria Question 1931 Railway Traffic between Lithuania and Poland Question 1931 Interpretation of the Greco Bulgarian Agreement 1932 Free Zones of Upper Savoy and the District of Gex 1932 Interpretation of the Convention of 1919 concerning Employment of Women during the Night 1932Jurisdiction editThe Court s jurisdiction was largely optional but there were some situations in which they had compulsory jurisdiction and states were required to refer cases to them That came from three sources the Optional Clause of the League of Nations general international conventions and special bipartite international treaties 93 The Optional Clause was a clause attached to the protocol establishing the court and required all signatories to refer certain classes of dispute to the court with compulsory judgments resulting There were approximately 30 international conventions under which the Court had similar jurisdiction including the Treaty of Versailles the Air Navigation Convention the Treaty of St Germain and all mandates signed by the League of Nations 94 It was also foreseen that there would be clauses inserted in bipartite international treaties which would allow the referral of disputes to the Court that occurred with such provisions found in treaties between Czechoslovakia and Austria and between Czechoslovakia and Poland 95 Throughout its existence the Court widened its jurisdiction as much as possible Strictly speaking the Court s jurisdiction was only for disputes between states but it regularly accepted disputes that were between a state and an individual if a second state brought the individual s case to the Court It argued that the second state assertsled its rights and the cases therefore became one between two states 96 The proviso that the Court was for disputes that could not be satisfactorily settled by diplomacy never made it require evidence that diplomatic discussions had been attempted before bringing the case In the Loan Cases it asserted jurisdiction despite the fact that there was no alleged breach of international law and it could not be shown that there was any international element to the claim The Court justified itself by saying that the Covenant of the League of Nations allowed it to have jurisdiction in cases over the existence of any fact which if established would constitute a breach of international obligations and argued that since the fact may be of any kind it had jurisdiction if the dispute is one of municipal law It had been long established that municipal law may be considered as a side point to a dispute over international law but the Loan Cases discussed municipal law without the application of any international points 97 See also editCommissions of the Danube River League of Nations archives Permanent Court of International Justice cases Total Digital Access to the League of Nations Archives Project LONTAD References edit Permanent Court of International Justice www icj cij org accessed 4 March 2021 Hudson 1922 p 245 Scott 1920 p 581 Hudson 1922 p 246 Hudson 1922 p 247 Scott 1920 p 582 Text in League of Nations Treaty Series vol 6 pp 380 413 Hudson January 1923 p 15 Hudson 1925 p 49 Hudson January 1923 p 16 Hammarskjold 1923 p 704 Hudson January 1923 p 19 Hudson January 1923 p 27 Hudson January 1923 p 28 Hudson 1924 p 1 Hudson 1924 p 2 Hudson 1924 p 33 Hudson 1925 p 55 Hudson 1925 p 48 Hudson 1925 p 57 Hudson 1925 p 58 Hudson 1926 p 6 Hudson 1926 p 19 Hudson 1927 p 26 Hudson 1927 p 27 Hudson 1927 p 30 Hudson 1928 p 1 Hudson 1928 p 10 Hudson 1928 p 21 Hudson 1928 p 22 Hudson 1928 p 26 Hudson 1929 p 28 Hudson Jan 1930 p 38 Hudson Jan 1930 p 39 Hudson 1932 p 1 L Ethan Ellis Republican foreign policy 1921 1933 1968 pp 70 75 Gilbert N Kahn Presidential Passivity on a Nonsalient Issue President Franklin D Roosevelt and the 1935 World Court Fight Diplomatic History 4 2 1980 137 160 Michla Pomerance 1996 The United States and The World Court as a Supreme Court of the Nations Dreams Illusions and Disillusion Martinus Nijhoff Publishers pp 132 33 ISBN 9041102043 Signature and Ratification of the Protocol of the Permanent Court of International Justice PCIJ Member States Archives of the League of Nations Retrieved 22 January 2010 Boyle 1985 p 54 Hudson 1933 p 1 Hudson 1934 p 18 Hudson 1935 p 1 Hudson January 1936 p 1 Hudson 1939 p 1 Hudson 1940 p 1 Hudson 1938 p 1 Hudson 1941 p 1 Hudson 1941 p 2 Hudson 1945 p 1 Hudson 1957 p 570 Hudson 1957 p 571 Hudson 1957 p 569 Grandjean Martin 2017 Analisi e visualizzazioni delle reti in storia L esempio della cooperazione intellettuale della Societa delle Nazioni Analysis and visualization of networks in history The example of the intellectual cooperation of the League of Nations Memoria e Ricerca 2 371 393 doi 10 14647 87204 See also French version PDF and English summary Scott 1921 p 556 Hudson 1930 p 719 Moore 1922 p 504 Scott 1921 p 557 Scott 1921 p 558 Moore 1922 p 508 Moore 1922 p 509 Hudson 1931 p 21 Hudson 1931 p 22 Hudson 1931 p 23 Moore 1922 p 506 Moore 1922 p 500 Moore 1922 p 501 Moore 1922 p 506 Hill 1931 p 673 Hammarskjold 1927 p 328 Moore 1922 p 507 Hammarskjold 1927 p 330 Hammarskjold 1927 p 334 Hammarskjold 1927 p 331 Goodrich 1938 p 738 Goodrich 1938 p 739 Goodrich 1938 p 740 Hammarskjold 1927 p 338 Hammarskjold 1927 p 329 Hammarskjold 1927 p 340 Hudson January 1923 p 17 Bustamante 1923 p 132 Hammarskjold 1927 p 341 Hudson 1929 p 29 Hudson 1937 p 15 Hudson 1932 p 2 Hammarskjold 1927 p 342 Hammarskjold 1927 p 343 Hammarskjold 1927 p 344 Hammarskjold 1927 p 345 Hammarskjold 1927 p 347 Hammarskjold 1927 p 350 Hudson July 1923 p 121 Hudson January 1923 p 24 Hudson July 1923 p 122 Jacoby 1936 p 234 Jacoby 1936 p 237Bibliography editAccinelli Robert D The Roosevelt Administration and the World Court Defeat 1935 Historian 40 3 1978 463 478 Boyle Francis Anthony 1985 World politics and international law Duke University Press ISBN 978 0 8223 0655 9 Bustamante Y Sirven Antonio S de 1923 The Permanent Court of International Justice Minnesota Law Review University of Minnesota Law School 9 ISSN 0026 5535 Dunne Michael Isolationism of a Kind Two Generations of World Court Historiography in the United States Journal of American Studies 21 3 1987 327 351 Dunne Michael The United States and the World Court 1920 1935 1988 Goodrich Leland M 1938 The Nature of the Advisory Opinions of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 32 4 738 758 doi 10 2307 2190594 ISSN 0002 9300 JSTOR 2190594 S2CID 147163061 Hammarskjold A 1927 Sidelights on the Permanent Court of International Justice Harvard Law Review 25 4 327 353 doi 10 2307 1279363 ISSN 0026 2234 JSTOR 1279363 Hammarskjold A 1923 The Early Work of the Permanent Court of International Justice Michigan Law Review 36 6 704 725 doi 10 2307 1328280 ISSN 0017 811X JSTOR 1328280 Hill Norman L 1931 National Judges in the Permanent Court of International Justice The American Journal of International Law American Society of International Law 25 4 670 683 doi 10 2307 2189917 ISSN 0002 9300 JSTOR 2189917 S2CID 147690819 Hudson Manley O 1922 The Permanent Court of International Justice Harvard Law Review 35 3 245 275 doi 10 2307 1329614 ISSN 0026 2234 JSTOR 1329614 Hudson Manley O January 1923 The First Year of the Permanent Court of International Justice Harvard Law Review 17 1 ISSN 0017 811X Hudson Manley O July 1923 The Work and the Jurisdiction of the Permanent Court of International Justice Proceedings of the Academy of Political Science in the City of New York Academy of Political Science 10 3 115 123 doi 10 2307 1171805 ISSN 1548 7237 JSTOR 1171805 Hudson Manley O 1924 The Second Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 18 1 1 37 doi 10 2307 2189220 ISSN 0002 9300 JSTOR 2189220 S2CID 147068086 Hudson Manley O 1925 The Third Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 19 1 48 75 doi 10 2307 2189082 ISSN 0002 9300 JSTOR 2189082 S2CID 147690767 Hudson Manley O 1926 The Fourth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 20 1 ISSN 0002 9300 Hudson Manley O 1927 The Fifth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 21 1 26 35 doi 10 2307 2188593 ISSN 0002 9300 JSTOR 2188593 S2CID 147439381 Hudson Manley O 1928 The Sixth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 22 1 ISSN 0002 9300 Hudson Manley O 1929 The Seventh Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 23 1 1 29 doi 10 2307 2190232 ISSN 0002 9300 JSTOR 2190232 S2CID 147335984 Hudson Manley O Jan 1930 The Eighth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 24 1 ISSN 0002 9300 Hudson Manley O 1930 The Election of Members of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 25 4 ISSN 0002 9300 Hudson Manley O 1931 The Ninth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 25 1 ISSN 0002 9300 Hudson Manley O 1932 The Tenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 26 1 doi 10 2307 2190212 ISSN 0002 9300 JSTOR 2190212 S2CID 147498530 Hudson Manley O 1933 The Eleventh Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 27 1 11 38 doi 10 2307 2189781 ISSN 0002 9300 JSTOR 2189781 S2CID 146921184 Hudson Manley O 1934 The Twelfth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 28 1 1 18 doi 10 2307 2190290 ISSN 0002 9300 JSTOR 2190290 S2CID 146934110 Hudson Manley O 1935 The Thirteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 29 1 ISSN 0002 9300 Hudson Manley O January 1936 The Fourteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 30 1 ISSN 0002 9300 Jacoby Sidney B 1936 Some Aspects of the Jurisdiction of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 30 2 233 255 doi 10 2307 2191089 ISSN 0002 9300 JSTOR 2191089 S2CID 146929876 Hudson Manley O 1937 The Fifteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 31 1 1 16 doi 10 2307 2190710 ISSN 0002 9300 JSTOR 2190710 S2CID 147117212 Hudson Manley O 1938 The Sixteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 32 1 1 18 doi 10 2307 2190628 ISSN 0002 9300 JSTOR 2190628 S2CID 146815934 Hudson Manley O 1939 The Seventeenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 33 1 1 11 doi 10 2307 2190835 ISSN 0002 9300 JSTOR 2190835 Hudson Manley O 1940 The Eighteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 34 1 1 22 doi 10 2307 2192961 ISSN 0002 9300 JSTOR 2192961 S2CID 147181932 Hudson Manley O 1941 The Nineteenth Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 35 1 1 11 doi 10 2307 2192595 ISSN 0002 9300 JSTOR 2192595 S2CID 146862789 Hudson Manley O 1945 The Twenty Third Year of the Permanent Court of International Justice The American Journal of International Law American Society of International Law 36 1 ISSN 0002 9300 Hudson Manley O 1957 The Succession of the International Court of Justice to the Permanent Court of International The American Journal of International Law American Society of International Law 51 3 doi 10 2307 2195063 ISSN 0002 9300 JSTOR 2195063 S2CID 146855383 Kahn Gilbert N Presidential Passivity on a Nonsalient Issue President Franklin D Roosevelt and the 1935 World Court Fight Diplomatic History 4 2 1980 137 160 Moore John Bassett 1922 The Organization of the Permanent Court of International Justice Columbia Law Review Columbia Law School 22 6 497 526 doi 10 2307 1111551 ISSN 0010 1958 JSTOR 1111551 Pomerance Michla 1996 The United States and The World Court as a Supreme Court of the Nations Dreams Illusions and Disillusion Martinus Nijhoff pp 132 33 ISBN 9041102043 Scott James Brown 1920 A Permanent Court of International Justice The American Journal of International Law American Society of International Law 14 4 ISSN 0002 9300 Scott James Brown 1921 The Election of Judges for the Permanent Court of International Justice The American Journal of International Law American Society of International Law 15 4 ISSN 0002 9300 World Peace Foundation Pamphlet Series vol 580 World Peace Foundation 1925 OCLC 426522229External links editPermanent Court of International Justice PCIJ 1922 1946 Judgments Advisory Opinions and Orders in PDF Decisions of the World Court Relevant to the UNCLOS 2010 and Contents amp Indexes permanent dead link Searchable text of Judgments Advisory Opinions and PCIJ documentation Archived 2018 10 23 at the Wayback Machine Retrieved from https en wikipedia org w index php title Permanent Court of International Justice amp oldid 1189260850, wikipedia, wiki, book, books, library,

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