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The Independence of the Permanent Court of International Justice

Published online by Cambridge University Press:  27 February 2017

Manley O. Hudson
Manley O. Hudson*
Affiliation:
Harvard Law School
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Type
Third Session
Information
Proceedings of the American Society of International Law at its annual meeting (1921-1969) , Volume 25 , 1931 , pp. 92 - 102
Copyright
Copyright © American Society of International Law 1931

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References

1 See Senator C. C. Dill, in the Advocate of Peace, February 1931, p. 37.

2 For various lists, see 25 American Journal of International Law (1931), pp. 13 ff.

3 Article 1 of the statute reads in part: “A Permanent Court of International Justice is hereby established, in accordance with (conformément) Article 14 of the Covenant of the League of Nations.” If this did not incorporate the second and third sentences of Article 14 of the Covenant, it might be possible for these sentences to be amended, according to Article 26 of the Covenant, without the consent of all states parties to the statute through ratification of the Protocol of Signature. See the writer's discussion of this point in International Conciliation, No. 214 (November, 1925), pp. 328 ff.

4 See the writer's study entitled “The Election of Members of the Permanent Court of International Justice,” in 24 American Journal of International Law (1930), p. 718.

5 Brazil ceased to be a member of the League of Nations on June 12, 1928.

6 Most of the states now bound by the optional clause have accepted it for only a limited period.

7 U. S. Treaty Series, No. 778.

8 U. S. Treaty Series, No. 811.

9 The refusal to give an opinion in the Eastern Carelia Case is not included in this number. It is published in the collection of advisory opinions, however. Series B, No. 5.

10 This is the effect of an amendment to Article 71 of the rules, promulgated on Sept. 7, 1927. Series D, No. 1 (addendum).

11 One request for an advisory opinion was withdrawn by the Council.

12 For the text, see 23 American Journal of International Law (Supp. 1929), p. 82.

13 See Article 8 of the rules. Series D, No. 1 (second edition).

14 See particularly Advisory Opinion No. 4, in Series B, No. 4, where Judge Weiss concurred in the unanimous opinion which was contrary to the position taken by the French Government.