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The Thirteenth 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

In some respects, the thirteenth year of the activities of the Permanent Court of International Justice has been in keeping with the tradition associated with that number. Though three sessions of the Court have been held, during part of the year the judges have not been kept busy; and possibly because of general conditions prevailing in the world, the activities of governments with reference to the Court have proceeded at a somewhat slackened pace.

Type
Research Article
Information
American Journal of International Law , Volume 29 , Issue 1 , January 1935 , pp. 1 - 24
Copyright
Copyright © American Society of International Law 1935

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References

1 Continuing the series of annual articles begun by the writer in this Journal, Vol.17 (1923), p.15.

2 Series A/B, No.62.

3 107 British and Foreign State Papers, p. 656; this Journal, Vol.8 (1914), Supp., p.12.

4 107 Br.and For.St.Papers, p.893; this Journal, Vol.8 (1914), Supp., p.46.

5 28 League of Nations Treaty Series, p.203.

6 For an analysis of this practice see Hudson, Permanent Court of International Justice (1934), pp.379, 563-566, 572.

7 Art. 9 of the Lausanne Concessions Protocol provides: “In territories detached from Turkey under the Treaty of Peace signed this day, the State which acquires the territory is fully subrogated as regards the rights and obligations of Turkey towards the nationals of the other Contracting Powers, and companies in which the capital of the nationals of the said Powers is preponderant, who are beneficiaries under concessionary contracts entered into before the 29th October, 1914, with the Ottoman Government or any local Ottoman authority. The same provision will apply in territories detached from Turkey after the Balkan Wars so far as regards concessionary contracts entered into with the Ottoman Government or any Ottoman local authority before the coming into force of the Treaty providing for the transfer of the territory… .” 28 League of Nations Treaty Series, pp. 203, 209; this Journal, Vol.18 (1924), Supp., pp.98, 101.

8 League of Nations Treaty Series, p.25; 1 Hudson, International Legislation, p.343.

9 76 Br. and For. St. Papers, p.4; 10 Martens, Nouveau Recueil Général de Traités(2d sér.), p.414.

10 82 Br. and For. St. Papers, p.55; 16 Martens, N.R.G.(2d sér.), p.3.

11 Series A/B, No.63.

12 9 See Revue Juridique du Congo Belge(1933), p.64.

13 League of Nations Document, A.(Extr.) 5.1934. VII.

14 On Nov. 21,1934, the Danish, Norwegian, Spanish, Swedish and Swiss delegations in the Assembly had proposed a decision by the Assembly that in the event of the parties’ failure to adopt the Assembly's recommendations, the Court should be asked to give an advisory opinion on the following question (Document A. (Extr.)2.1934): “Whereas there exists between Bolivia and Paraguay a territorial dispute or a dispute relating to frontiers, and whereas what one of the Parties regards as the exercise of its territorial sovereignty is regarded by the other Party as an usurpation of its rights and an illegal occupation, are there any regions—and, if so, which—that should be evaluated and handed over by one of the Parties to the other?“

15 Series E, No.7, p.108; No.8, p.60; No.9, p.63.

16 Series E, No.10, p.38.

17 The total number of signatories is 55, and ratifications have been deposited on behalf of 49 of them.

18 For a list of these States, see Hudson, Permanent Court of International Justice (1934), pp. 629-630.

19 See this Journal, Vol. 28 (1934), p. 669.

20 In Series E. The latest volume is Series E, No. 10, covering the period from June 15, 1933, to June 15, 1934.

21 Series E, No.3, pp. 174-241.

22 Series E, No.10, pp. 151-176.

23 Series E, No.10, pp. 153-154.

24 See this Journal, Vol. 28 (1934), p.14.

25 Series E, No.10, p.154.

26 Series B, Nos.2 and 3, p.43; No.4, p.32.

27 Series E, No.10, p.159.

28 Series A, Nos.20/21, p.124.

29 Series E, No.10, p.161.

30 See Hudson, Permanent Court of International Justice (1934), pp. 375-376.

31 Series E, No.10, p. 164.

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

33 Information concerning the Court's budget is published in League of Nations Official Journal, 1934, pp. 1263-1266, 1332-1338. For an explanation of the Court's finances, see Hudson, Permanent Court of International Justice (1934), pp. 297-312.