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The Seventh Year of the Permanent Court of International Justice1

Published online by Cambridge University Press:  06 June 2017

Manley O. Hudson
Manley O. Hudson*
Affiliation:
Harvard Law School
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Extract

Several important events have marked the seventh year in the history of the Permanent Court of International Justice. The court was in session at The Hague from February 6, 1928, to April 26, 1928 (thirteenth session); from June 15, 1928, to September 13, 1928 (fourteenth session); and from November 12, 1928, to November 21, 1928 (fifteenth session). It handed down two advisory opinions (Nos. 15 and 16) and two judgments (Nos. 12 and 13), and several important orders. It lost the services of two eminent judges through the resignation of Judge John Bassett Moore and the death of Judge André Weiss. A settlement was reached with the Netherlands Government of the long-standing question as to the privileges and immunities of the judges and registry officials; and, what is perhaps more important for the court’s future, the signatories of the court’s protocol of signature began the consideration of changes in the court’s statute in the light of seven years’ experience. The seventh year marks progress in the establishment of the court’s position as the chief agency in the world for the international administration of justice, as it marks also changes which will affect the future of the court.

Type
Research Article
Information
American Journal of International Law , Volume 23 , Issue 1 , January 1929 , pp. 1 - 29
Copyright
Copyright © American Society of International Law 1929

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Footnotes

1

Continuing the series of annual articles begun in this Journal , Vol. 17, No. 1, January,1923.

References

2 Judge André Weiss, Vice-President of the court, died at The Hague, during the night of August 30-31, 1928. In appreciation of his services, the sitting of the court on September 13, 1928, waa suspended, after a eulogy pronounced by President Andlotti.

3 6 League of Nations Treaty Series, p. 190.

4 Publications of the Court, Series B, No. 15, p. 37.

5 See League of Nations Document C. 375. 1927. I.

6 Provision for appeal to the Council is made in Article 39 of the convention of November 9, 1920. 6 League of Nations Treaty Series, p. 205

7 Publications of the Court, Series B, No. 15.

8 League of Nations Official Journal, April, 1928, p. 433.

9 Publications of the Court, Series A, No. 15.

10 9 League of Nations Treaty Series, p. 465.

11 League of Nations Official Journal, April, 1927, p. 491.

12 Id.,February, 1928, p. 156.

13 Id., February, 1928, p. 159.

14 Id., April, 1928, p. 401.

15 For the text of the treaty, see 28 League of Nations Treaty Series, p. 12.

16 Id,., Vol. 32, p. 76.

17 Id., Vol. 68, p. 13. The agreement and the final protocol were duly ratified and came into force on March 6, 1927.

18 League of Nations Official Journal, 1924, p. 1669.

19 League of Nations Official Journal, April, 1928, p. 404.

20 Publications of the Court, Series B, No. 16.

21 Publications of the Court, Series B, No. 16, p. 16.

22 Publications of the Court, Series A, No. 17.

23 On October 16, 1928, an order was made by the President of the court, appointing as members of this Committee of Experts, MM. Emile Collett (Norway), Hans Herzog (Switzerland), and Iver Hoey (Norway). The Polish Government appointed M. Joseph Zawadzki to work with the committee as assessor, and the German Government appointed in the same capacity M. Karl Janisch. The committee held its first session at The Hague. November 10-12, 1928, and a second session was contemplated for December

24 See this Journal, Vol. 22, p. 1.

25 Publications of the Court, Series A, No. 14.

26 Publications of the Court, Series A, No. 16. On November 22, 1928, the two governments concluded a new treaty at Nanking

27 The text is reproduced in Publications of the Court, Series E, No. 4, p. 26.

28 Journal of the Ninth Assembly, pp. 29-30.

29 Journal of the Ninth Assembly, p. 24.

30 For the complete list, see League of Nations Document A. 32. 1928. V.

31 Journal of the Ninth Assembly, p. 86.

32 Id,., p . 99. See the comment by Charles Cheney Hyde, in this Journal, Vol. 22, p. 822.

33 See League of Nations Document A. 6 (a). 1928. Annex; Publications of the Court,Series E, No. 4, pp. 416 ff.

34 For the situation on June 15,1928, with regard to the Optional Clause, see Publications of the Court, Series E, No. 4, pp. 118-121, 416-422.

35 See Publications of the Court, Series E, No. 4, pp. 529-543.

36 Actes de la Sixieme Session, Conference de la Haye de Droit International Privi, p. 424. For the report of M. de la Vallde Poussin (rapporteur), see ibid., p. 255. See also, Publications of the Court, Series E, No. 4, p. 530.

37 League of Nations Official Journal, 1922, p. 568.

38 Particularly as regards immunity from local taxation at The Hague. See Publications of the Court, Series E, No. 4, p. 59, note.

39 League of Nations Official Journal, 1928, p. 985.

40 Reproduced, with the regulations, in Publications of the Court, Series E, No. 4, pp.57-61.

41 League of Nations Official Journal, 1928, p. 866.

42 Journal of the Ninth Assembly, p. 74.

43 Id., p. 209.

44 Journal of the Ninth Assembly, p. 282. See the excellent study by A. Hammarskjold,“ La Cour Permanente de Justice Internationale k la Neuvi^me Session de I'Assemble de la Soci6t6 des Nations,” Revue de Droit International et de Legislation Compar6e, 1928, No. 6.

45 Id., p. 79. 4

46 Id., pp. 229-231, 253-255, 293-294.

47 League of Nations Official Journal, Special Supplement No. 63, p. 18.