Limits of the Jurisdiction of the Permanent Court of International Justice

Extract

While I agree with the action taken by the Court and consider that, in view of the unsatisfactory and contradictory provisions of the special agreement by which the parties have submitted this case to the Court, it is perhaps the only course by which the Court could, under its Statute, aid the parties in arriving at a wholly satisfactory solution of their dispute, nevertheless, in view of certain language used in the order, which might be the source of doubt as to the limits of the jurisdiction of this Court and might serve as a basis of argument that it is within the competence of this Court, with the consent of the parties, to take jurisdiction of and decide purely political questions upon considerations of expediency without regard to the legal rights of the parties, I feel it incumbent upon me to make the following observations:

In my opinion the question of the competence of this Court which has been raised by the present case and a direct decision of which the Court has avoided, for the moment at least, by the making of the present order, is, from the point of view of the future of this Court and the development of the judicial settlement of international disputes, by far the most important question which has ever been brought before the Permanent Court of International Justice. I feel, therefore, that I would be derelict in my duty if I allowed the question to be passed over in silence or left any doubt as to my opinion in regard thereto.