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Uhr Glrimann 'iiamhlrr Pubmed by the swam! fyfsfamfffb High School VOL. XII MAY 1926 NO. I EDITORIAL BOARD Ediior-in-Clzicf, MARION V.fXRNEY A.rsisIa11t Editor-in-Chief, WILSON HAWKES ALFREI3 Lnmv M.KRY Lmlzv LOUISE RICH DORIS BOULTER MARION RICH Assistant Business Manager, EDNA RACKLIFF Editor Class 1026, Editor Class IO27, Editor Class 1928, Editor Class 1029, Business Manager, E.1'r11angos, RUTH CLARK .-firlzlrlirs, LNWRENCE RAND Grgazds, HAROLD BRUVVN Art Editor, CHARLES ELWELL - WHAT IS THE WORLD COURT? The World Court is a result of three ideas: Hi The growth of the idea of arbi- trat'ng disputes between nations instead of going to war to settle them. Q23 The four steps in arbitration from no arbitration to Compulsory arbi- tration. Q33 The three institutions which have been created to effect arbitration, of which the VVorld Court is the last. Grozcfflz of the Idea of Arbitravtion - The idea of settling disputes between na- tions by reasoning together, that is, by arbitration. is almost entirely the devel- opment of this generation. The first quarter of the twentieth century is marked by the first organization of gov- ernments for the purpose of the peace and unity of the world. Before that a few governments had made treaties agree- ing to arbitrate disputes, but such agree- ments were limited to certain kinds of disputes, usually those that do not lead to war. On January 11, 1897, the United States and Great Britain made a general arbi- tration treaty agreeing to settle all dis- putes, within certain limits, by arbitration. This was a great step in the growth of the idea of arbitration. The Four Stops in Arbitration-In all history only four ways have been devel- oped to settle disputes between nations without going to war, and although each is an advance on the preceding, all of them are still in full operation. The first is the process of diplomacy-that is, by adjust- ment through regular representatives of the governments. For instance, if Eng- land and the United States had a dispute about a boundary line, the Secretary of State of the Un'ted States and the Min- ister of Foreign Afiairs of England would try to reach an agreement. or two diplo- mats representing the two governments would do so. If diplomacy fails, the neict resort has been to agree to arbitration through indi- viduals chosen by the parties in the dis- pute under special arrangements made by
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6 THE CRIMSON RAMBLER them at the time. If they fail, or the agreement has been reached, these special arbitrators are dismissed, and if there is another dispute between the same two nations, another set of men must be ap- pointed to arbitrate it. This is an advance because it called in men from nations other than the parties in dispute. The third advance has been for several natfons to make a common treaty in which the makers agree to arbitrate the disputes that are classified in the treaties, through a special list of arbitrators from which to form courts for that purpose. This is an advance because it required the estab- lishment of the Hague Tribunal. Before the formation of the Hague Tribunal, when two nations really wanted to arbitrate a dispute, they had at hand no agency ready, able, and authorized to undertake the task. The nation had to sperd time and good-nature trying to agtee upon the time, the place, and the personnel of arbitration, and sometimes in doing so they greatly involved the quarrel at hand. The fourth and last development is to have a hard and fast agreement to submit all classified disputes to a definite court, composed of a definite number of em- inent jurists, who are duly elected by all the nationsg a court located at a definite place and always ready, and that does nothing else but settle disputes brought before it, and whose opinion shall be final. That is the World Court. Three World Institutions for Arbitra- tion-Out of the conferences of 1899 and 1907 the Hague Tribunal was formed. Each of the nations involved in this agree- ment was to appoint four recognized in- ternational lawyem from among its citi- zens. From this standing list any two na- tions in dispute may select five men, who go to the Hague and hear and decide up- on the case. The Hague Tribunal was the first world institution for arbitration and is very important to the World Court because it nominates the judges for that Court. The League of Nations is the second permanent institution and is the second step in the operations of the World Court as its members elect the judges of that Court. The Covenant of the League of Na- tions recommended the creation of a World Court: so in 1920, the League Council appointed ten eminent jurists from ten n-ations to draw up the plan for the Court and Elihu Root was the jurist chosen from the United States. These jurists drafted a plan and submitted it to the League of Nations: it was approved in October, 1920. Although the plan was approved by the nations in the League, it was necessary that a sufficient number of Nations, irrespective of whether or not they were members of the League, should sign a distinct treaty agreeing to adhere to the Court and to come under its juris- diction. This treaty attached to the Con- stitution of the Courtnis called the World Court Protocol. This Protocol makes it possible that a nation in the League nmy not adhere to the Court and that a nation not in the League may adhere to it. The preliminary steps of nominating and electfng were taken, so that on jan- uary 30, 1922, the World Court met for the first time. I - The Permanent Court of Intunatimal justin C which is the true titlei is a pure- ly judicial body and acts on all cases brought before it and gives advisory opin-
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