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The Fourteenth Year of the Permanent Court of International Justice

Published online by Cambridge University Press:  12 April 2017

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

The fourteenth year of the Permanent Court of International Justice has been one of its lean years. The Court’s output has been small, and action by governments with reference to its maintenance and functioning has been somewhat less significant than in some of the earlier years.

During 1935, the Court was in session for 107 days as compared with 120- days in 1934,178 days in 1933, and 240 days in 1932. The 34th session, from February 1 to April 10, 1935, was largely devoted to the case relating to Minority Schools in Albania, in which an advisory opinion (the 26th) was given on April 6,1935. The 35th session, from October 28 to December 4, 1935, was largely devoted to the case relating to the Consistency of Certain Danzig Decrees with the Constitution of the Free City of Danzig, in which an advisory opinion (the 27th) was given on December 4,1935. At the close of the year two cases were pending on the docket of the Court.

Type
Research Article
Information
American Journal of International Law , Volume 30 , Issue 1 , January 1936 , pp. 1 - 26
Copyright
Copyright © American Society of International Law 1936

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Footnotes

1

This is the fourteenth in the writer’s series of annual articles, the publication of whieh was begun in this Journal, Vol. 17 (1923), p. 15.

References

2 Records of the First Assembly (1920), Plenary, p. 568.

3 Publications of the Court, Series C, No. 76, p. 196.

4 Council Minutes, 14th Session, II, pp. 115,159.

5 9 League of Nations Treaty Series, p. 173.

6 Series C, No. 76, pp. 184, 186.

7 1 Dareste, Les Constitutions modemes, p. 39.

8 3 Idem, p. 8.

9 League of Nations Official Journal, 1935, p. 106.

10 Idem, p. 150.

11 Series A/B, No. 64.

12 The text of this letter is published in 112 British and Foreign State Papers, p. 225.

13 League of Nations Official Journal, 1935, p. 626.

14 League of Nations Official Journal, 1935, p. 1290.

15 Idem, p. 1185.

16 Idem, p. 1187. For the text of the committee’s report, see p. 1292.

17 For the text of the petition, see idem, p. 1336.

18 Idem, pp. 1193–1197.

19 In Series A/B, No. 65, p. 69.

20 Series A/B, No. 65.

21 Series A/B, No. 44.

22 See League of Nations Official Journal, Special Supplement No. 7 (1922) ; 1 Dareste, Les Constitutions Modernes, p. 432.

23 In Series D, No. 2, p. 383.

24 Series A/B, No. 61. See also this Journal, Vol. 28 (1934), p. 10. For the texts of the agreements of 1930, see 121 League of Nations Treaty Series, pp. 81,91; also this Journal, Vol. 25 (1931), Supplement, pp. 24, 29.

25 See the writer’s comment in this Journal, Vol. 29 (1935), pp. 16, 636.

26 On February 22,1935, Paraguay gave notice of an intention to withdraw from membership in the League.

27 League of Nations Document C.270.M.137.1935.VII.

28 Idem, C.431.M.222.1935.VII.

29 League of Nations Official Journal, 1935, p. 1492.

30 Idem, 1934, p. 1438.

31 Ibid., 1935, pp. 127–128.

32 Idem, p. 129.

33 League of Nations Official Journal, 1935, p. 142. Cf., the views expressed by the writer in his treatise on the Permanent Court of International Justice, § 463.

34 League of Nations Official Journal, 1935, p. 620.

35 Idem, p. 164.

36 Idem, p. 168.

37 League of Nations Official Journal, 1935, pp. 168–170, 433–435.

38 Idem, pp. 1160–1168.

39 Idem, p. 123.

40 Idem, p. 190.

41 Idem, p. 191.

42 Idem, p. 1204.

43 Idem, p. 89.

44 Idem, p. 97. This set a new precedent.

45 League of Nations Document A.14(1).1935.V.

46 The results of the ballot are to be found in the Verbatim Record of the Sixteenth Assembly, Sept. 14, 1935, p. 2.

47 Journal of the 16th Assembly, p. 52.

48 League of Nations Document A.51.1935.V.

49 The procedure in this case differed from that previously followed, and it corresponds to the pending amendment to Art. 13 of the Statute. In 1928, Judge Moore addressed his resignation to the Secretary-General of the League of Nations; in 1930, Judge Hughes resigned by telegrams sent both to the Secretary-General and the President of the Court.

50 Verbatim Record of the Sixteenth Assembly, Sept. 27, 1935, p. 1.

51 League of Nations Official Journal, 1935, p. 1203.

52 Idem.

53 Idem., p. 441.

54 League of Nations Official Journal, 1935, p. 601.

55 Page 40.

56 League of Nations Official Journal, Special Supplement No. 137, p. 11.

57 See the writer’s comment entitled “The United States Senate and the World Court,” in this Journal, Vol. 29 (1935), pp. 301–307.

58 See the discussion of this subject in Hudson, Permanent Court of International Justice (1934), p. 437ff.

59 Records of the Ninth Assembly (1928), Plenary, p. 139.

60 League of Nations Official Journal, 1935, p. 648.

61 League of Nations Document A.39.1935.

62 League of Nations Document A.68.1935.V. The report did not take account of the request for an advisory opinion voted by the Council on Sept. 23,1935.

63 League of Nations Official Journal, Special Supplement No. 137, p. 11.

64 Series E, No. 11, p. 42.

65 By an order of June 3,1935, the Supreme Court of the United States appointed an advisory committee to assist in its preparation of the rules authorized by the Act of Congress of June 19,1934.

66 The special constitution of the Court for a part of the 25th session was due to an application of Art. 13 of the Statute.

67 For details of the Court’s budget, and of the alternative budget approved for the event of the entry into force of the Revision Protocol, see League of Nations Official Journal, 1935, p. 1083ff.

68 Series E, No. 11.

69 In 1935, the Council of the League of Nations invited Nepal to accede to the 1931 Convention on Narcotic Drags.