The equality of states has been regarded as a basic principle of modern international law. It also constitutes an important source of friction among nations in the present world. For instance, Germany and Japan want equality of armament and colonial rights, France and the United States insist upon equality of security, and China desires the termination of her unequal treaties, while other states may have other aspirations.

The second sentence of Article 60 of the Statute of the Permanent Court of International Justice, reads: “ In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.” The jurisdiction of the Court to construe its judgments is, therefore, obligatory. The Court shall give an interpretation of its judgment.whether the case decided was brought before it by unilateral application or special agreement.

Prior to the outbreak of the European war on September 3, 1939, progress had been made, by means of international agreements for the conservation of whales, toward the creation of what M. Suarez in 1925 characterized as a new jurisprudence “ of which today we have no inkling, owing to the fact that the necessity which now arouses our legitimate apprehensions was never contemplated.” In 1931, due to the efforts of the League of Nations, a Convention for the Regulation of Whaling was opened for signature at Geneva; in 1937, an International Agreement for the Regulation of Whaling was signed at London; in 1938, a Protocol Amending the International Agreement was signed at London.

The awards of October 30, 1939, of the Mixed Claims Commission, United States and Germany, in the sabotage cases, have recently been the subject of litigation in the United States courts. To understand this litigation, it is necessary to complete the history of these cases before the Commission.