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The Twenty-Fifth Year of the World Court*
Published online by Cambridge University Press: 20 April 2017
Extract
The chief preoccupation with regard to the WorldCourt during the year 1946 was the reorganization required by the modifications introduced into its Statute in 1945.1 This involved chiefly the dissolution of the Permanent Court as it was constituted under the Statute of 1920, the election, of Judges to constitute the International Court of Justice, the organization of the newly-elected bench and the reestablishment of the Registry, and the adaptation ofthe Rules of Court to take account of the changes in the text of the Statute. Various administrative measures were adopted by the United Nations, in consequence of its replacing the League of Nations as the body responsible for the maintenance of the Court, and some progress was made during the year in extending the Court's jurisdiction. No contentious proceeding was instituted during 1946,2 no advisory opinion was requested, and hence no entry wasmade in the list of cases before the Court.
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- Research Article
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- Copyright © American Society of International Law 1947
Footnotes
*
This is the twenty-fifth in the writer's series ofannual articles on the World Court, the publication o f which was begun in this Journal, Vol. 17(1923), p. 15.
References
1 The modifications were traced in detail in this Journal, Vol. 40 (1946), pp. 14-46.
2 A number of applications were addressed to the Court by private individuals, in reply to which reference was made to the provision in paragraph 1 of Article 34 of the Statute that ‘ ‘ only States may be parties in cases before the Court. ’ ’
3 Under the provisions of Article 13 of the Statute the fifteen Judges who were in office in 1939 when the Assembly of the League of Nations decided to postpone the third general election continued in the discharge of their duties. Judge Rostworowski died in 1940, Judges Nagaoka and Urrutia resigned in 1942, and Judge Fromageot resigned in 1945.
4 This step had been preceded by a settlement of the Judges ‘ claims for their unpaid salaries. Payment of the Judges’ salaries had been discontinued in 1941, though token payments were made thereafter. In December, 1945, the Supervisory Commission decided that the arrears should be paid up to two-thirds of the established scale of salaries.
5 Report of the Preparatory Commission, p. 57.
6 Thirty-five States were represented in this Assembly.
7 League of Nations, Document A.35.1946.
8 Seventeen of the States to which the groups belonged are not listed as having national groups in the Permanent Court of Arbitration in the Rapport du Conseil Administratif de la Cour permanente d’Arbitrage, published in 1946.
9 Document A/8/Rev.l, 24 January 1946. Three of the nominees later declined the candidacy.
10 Fabela (Mexico), 13; Lozano y Lozano (Colombia), 9; Hudson (U. S. A.) and De Viescher (Belgium), 7; Alvarez (Chile), Azevedo (Brazil), Basdevant (France), McNair (United Kingdom), 6; and Badawi (Egypt), Guerrero (El Salvador), Klaestad (Norway), 5.
11 Journal of the General Assembly, 1st Session, No. 25, p. 440.
12 Same, No. 28, p. 469.
13 Hudson, Manley O., “The New Bench of the World Court,” 32 American Bar Association Journal (1946), p. 140.Google Scholar
14 Records of Second Assembly, Plenary, pp. 235 ff.
15 Records of Eleventh Assembly, Plenary, pp. 134 ff.
16 Document A/25, 31 January 1946.
17 Journal of the General Assembly, 1st Session, No. 25 (Supp. A), p. 442.
18 Journal of the Security Council, 1st Year, No. 9, p. 167.
19 Document A/59, 13 February 1946.
20 Document A/C6/44, 2 November 1946.
21 Document A/191, 15 November 1946.
22 Journal of the General Assembly, 1st Session, No. 38 (Supp. A), p. 327.
23 Document S/185, 26 October 1946.
24 Document A/Bur./64, 18 November 1946. For the report of the committee of experts, see Document S/191, 11 November 1946.
25 Journal of the General Assembly, 1st Session, No. 58, (Supp. A), p. 498; Document A/239, 10 December 1946.
26 Minutes of the Council, 1922, p. 545.
27 See Hudson, Permanent Court of International Justice, 1920-194&, pp. 389-390.
28 Document S/99, 5 July 1946.
29 Document S/169, 24 September 1946.
30 1 Weekly Bulletin of the United Nations, No. 13, p. 3.
31 The category of states not parties to the Statute now includes : Albania, Austria, Bulgaria, Finland, Germany, Hungary, Ireland, Italy, Japan, Liechtenstein, Monaco, Nepal, Outer Mongolia, Portugal, Rumania, San Marino, Spain, Trans j or dan and Yemen.
32 1 Weekly Bulletin of the United Nations, No. 13, p. 3.
33 See Hudson, Permanent Court of International Justice, 1920-194S, pp. 392-394.
34 1 Documents of the Conference, p. 627.
35 For instance, the declarations actually made were not reproduced in official documents for general distribution until after the session of the General Assembly had been completed. See Journal of the United Nations, No. 66 (24 December 1946). Inadequate information was given even at that late date.
36 British Parliament Papers, Cmd. 6934.
37 United Nations Document, A/13, 23, January, 1946. The correspondence has also been published in British Honduras, a pamphlet issued by British Information Services in New York,I. D. 679, October, 1946.
38 15 Department of State Bulletin (1946), p. 452.
39 The writer has analyzed these limitations, in greater detail in 32 American Bar Association Journal (1946), p. 832. For other comments see the articles by Wayne L. Morse and Lawrence Preuss in same, pp. 776, 660, and the articles by Francis O. Wilcox, Lawrence Preuss and C. C. Hyde in this Journal, Vol. 40 (1946), pp. 699, 720, and 778.
40 Document A/150/Rev. 2, 12 December 1946. See also Article 75 of the Constitution of the World Health Organization of July 22, 1946, Document E/155 ; and Article 17 of the Constitution of the International Refugee Organization of December 15, 1946, Document A/284, 14 January, 1947.
41 Document A/201, 29 November 1946.
42 Journal of the General Assembly, 1st Session, No. 58 (Supp. A), p. 465.
43 Journal of the Economic and Social Council, No. 29, p. 486.
44 Document E/245, 25 October 1946, p. 41.
45 Journal of the General Assembly, 1st Session, No. 64 (Supp. A), p. 732.
46 The agreement with the International Labor Organization was signed on December 21, 1946.
47 Document A/242, 11 December 1946.
48 The International Labor Office had long insisted on its being placed in a position to request advisory opinions directly. See, especially, League of Nations, Document C.20.M.20.1944.X.
49 Document A/C.l and 6/20, 29 November 1946.
50 The addresses by President Guerrero, Mr. Spaak, Dr. Kerno, Mr. van Roijen and Mr. de Monchy were published by the Court.
51 See Hudson, Permanent Court of International Justice, 1920-1942, Ch. 13.
52 The text is included in Series D, No. 1, of the Publications of the International Court of Justice.
53 On this omission, see the writer’s comment in this Journal, Vol. 40 (1946), p. 23.
54 Document A/C.5/55, 5 November 1946.
55 Journal of the General Assembly, 1st Session, No. 34, p. 704.
56 Publications of the International Court of Justice, Series D, No. 1, p. 84.
57 Document A/105, 9 October 1946.
58 Journal of the General Assembly, 1st Session, No. 58 (Supp. A), p. 465; Document A/202, 29 November 1946.
59 Journal of the General Assembly, 1st Session, No. 34, p. 686.
60 Document A/226, 8 December 1946.
61 Document A/113, 23 October 1946.
62 Document A/217, 7 December 1946.
63 Document A/226, 8 December 1946.
64 Journal of the General Assembly, 1st Session, No. 63 (Supp. A), p. 659.
65 Document A/272, 13 December 1946. See also Document A/C.5/87, 23 November 1946.
66 The International Monetary Fund has announced the present par value of the florin as 37.6953 United States cents. United Nations Press Release ES/287, 18 December 1946.
67 See Hudson, Permanent Court of International Justice, 1920-1942, p. 324.
68 During the war years the payments were suspended.
69 Document A/219, 7 December 1946. The period for repayment of the loans was extended, in view of the suspension of payments by the League of Nations during the war.