Richmond Palladium (Daily), Volume 40, Number 209, 14 August 1915 — Page 9

PAGE NINE LLADIUM'S SATURDAY FEATURE PAGE a ' fi How Mr. Shaw s Enforce International and Council Would Nations p A mong

THE RICHMOND PALLADIUM AND SUNLEGRAM

PA

Court

the

How the Decrees

rHIS newspaper last week began the I publication by special arrangeA ment of the Bernard Shaw 'Committee' plan, whereby he and other English socialists propose to make war impossible in future. The Committee was lppointed by the Fabian Society, the jiost influential organization of English socialists, in which Mr. Shaw is the leadbg" spirit. It is proposed that the enactment of this plan should be made part of the peace terms after the present war. The first part of the report provided for the referring of disputes to an International Court or International Council. The conclusion of this report , which is given herewith, provides for the enforcement cf decrees. . Legislature Subject to Ratification. ! S. It shall be within the competence of the International Council to codify and declare the International Law existing between the several independent sovereign States of the world; and any such codifying enactment, when and in so far as ratified by the Constituent States, shall be applied and enforced by the International High Court. It shall also be within the competence of tho International Council from time to time, by specific enactment, to amend International Law, whether or not this has been codified; ' and any such enactment when and In so far as ratified by the several Constituent States shall be applied and enforced by the International High Court. Whenever any Constituent State notifies Us refusal to ratify as a whole any enactment made by the International Council, It shall at the same time notify its ratification of such part or parts of such enactment as it will concent to he bound by; and the International Council shall thereupon re-enact the parts so ratified by all the Constituent States, and declare isuch enactment to have been so ratified, and such enactment shall thereupon be applied ami enforced by the International High Court. V.n any enactment of the International Council making any. new general rule of law. lina been ratified wholly or in part by any two ..:rrari.ore Constituent States, but not by all ther caniluent Slates, il slialf, so far as ratified, deemed to be binding on the ratifying S'.utc or States, but only in respect of the rfla'.'o:j;i of such Slate or State with any other ratifying State or States; and it shall bf applied our! enforced accordingly by the late; national IT1r.li Court. Noil -Justiciable Issues. 9. Wlic. an; Question, difference or dispute arlsins between two or more constituent States is not justiciable cs drflr.ed iu these articles, and is not promptly brought to an omiea'.'. ic tlemcnt, and is ot such a character .hat il might ultimately endanger frlendl relations belween such States, it shall be the duty of each party to the matter at Issue. IrresjdCt've of any action taken or not taken by aa; other party, to submit the question, difference or dispute to the international council with a view to a satisfactory settlement being rtr.ivoi at The council may itself invite the parties to lay any such question, d'fferenco or dispute teforo tho council, or tl"e council may i.clf take any such matter at Issue into its own consideration. The constituent States hereby severally fireo and bind themselves under no circumstances to address to auy oth9r constituent State an ultimatum or anything in the nature of a threat of forcible reprisals or naval or military operations, or actually to commence hostilities against such State, or to violate its territory, or to attack its ships, otherwise Mi in by way of repelling and defeating a forcible attack -actually made by naval or military force, before a matter in dispute ;f not of a justiciable character as defined in these articles, has been submitted to or taken into consideration by the international council ao aforesaid for investigation, modification and report, and during a period of oue year from the t'v.e of such submission or consideration. Tho International Council may appoint permanent ooard ot conciliators for dealing with all such questions, differences or disputes as they arise, and may constitute the board either on the nomination of the several constituent States or otherwise, in such manner, upon such conditions and for such term or terms as the council may decide. When any Question, difference or dispute, not ot a justiciable character as defined in these articles, is submitted to or taken into consideration by the International council as aforesaid, tho council shall., with the least possible delay, take action, either (1) by referring the matter as issue to the permanent board of conciliators, or (2) by appointing a special committee, whether exclusively ot the council or otherwise, to inquire into the matter and report, or (3) by appointing a commission ot Inquiry to Investigate the matter end report, or (4) by itself taking the matter into consideration. The constituent States hereby agree and bind themselves, whether or not they are parties to any such matter at issue, to give all possible facilities to the international council, to the permanent board of conciliators, to any committee or commission of inquiry appointed by either of them, and to any duly accredited officer of any of these bodies, for the successful discharge of their duties. When any matter at issue is referred to the board of conciliation, or to a special committee, or to a commission of Inquiry, such board, committee or commission shall, if at any time during Its proceedings It succeeds in bringing about an agreement between the parties upon the matter at issue. Immediately report such agreement to the international council; but If no such agreement be reached, such board, committee or commission shall, as soon us It has finished its inquiries, and in any case fithln six months, make a report to the In

Are to Be Enforced

ternational council, stating the .facts of the case and making any recommendations for a decision that are deemed expedient. When a report Is made to the International council by any such board, committee or com mission that an agreement has been arrived - at between the parties, the council shall em"body such agreement, with a recital -of its terms. In a resolution of the council. When any other report Is made to the council by any such board, committee or commis- . sion, or when the council itself has taken the matter at issue into consideration, the council shall, after taking all the facts into con- ' ' sideration, and within a period of three " months, come to a decision on the subject, and shall embody such decision in a resolution of the council. Such resolution shall, if necessary, be arrived at by voting, and shall be published, together with any report on the subject. In the Official Gazettte. A resolution of the council embodying a decision settling a matter at issue between constituent States ahall be obligatory and binding on all the constituent States, including all the parties to the matter at issue, if either it Is passed unanimously by all the members of the council present and voting; or (query add: it is passed with no other -dissentient present and voting than the representatives of one only of the States which have been parties in the case), or where the proposed enactment does not affect the independent sovereignty or territorial ; integrity, nor require any change in the internal laws of any State, and where such enactment shall have been assented to by a three-fourths majority of the votes given by the representatives present and voting (query add: and such majority includes the representatives of all the eight great Powers). The International Secretariat. 10. There shall be an international secretariat, with an office permanently open for business, with such a staff as the international council may from time to time de- -termine. ; - ' " " It shall be the duty of the International secretariat to make all necessary communications on behalf of the International council to States or individuals; to place before the president or bring before the council any matter of which it should have cognizance; to organize and conduct any inquiries or investigations ordered by the council; to maintain an accurate record of the proceedings ot the council; to make authentic translations of the resolutions' and enactments of the 'council, the report of the proceedings, and other documents, and to communicate them officiaily,to ail tlia,constituentStates; aad to publish "for sale 'an official gazette and' such other works as the council may from time to time direct. , , . , Subject to any regulations that may be made by the international council, the international secretariat shall take charge of" arid" be responsible for (a) the funds belonging to or in the custody of the international council , and the international high court; (b) the collection of all receipts due to either of tlienir and (c) the making of all authorized payments. The International High Court. 11. The international high court shall be a -permanent Judicial tribunal, consisting of fifteen judges, to be appointed as hereinafter provided. Subject to these articles it shall, by a majority of judges, sitting and voting, control its own proceedings, determine its sessions and place of meeting, settle its own procedure, and appoint Its own officers. It may. If thought fit, elect-one of its members to be president of the court for such term and with such functions as it may decide. Its members shall receive an annual stipend of , while if a president is elected he shall receive an additional sum of . The court shall hear and decide with absolute inde pendence the issues brought before it in conformity with these articles; and shall in each v case pronounce, by a majority of votes, a single judgment of the court as a whole, which shall be expressed in separate reasoned statements by each of the judges sitting and acting in the case. The sessions of the court unal?. be held, if so ordered, notwithstanding ilie existence of a vacancy or of vacancies smong the judges; and the proceedings of the court shall be valid, and the decision of majority of tho judges sitting and acting shall be of full force, notwithstanding the Existence of any vacancy or vacancies or of the ab.-ence of any judge or judges. (Query add: In any case at issue between constituent States the judge or judges nominated by one or more of such States shall unless all the litigant States otherwise agree take no part in the case.) The Judges of the Court. 12. The judges of the international high court shall be appointed for a term of five (query, seven) years by the international council sitting as a whole, in accordance with the following scheme: Each of the constituent States shall be formally invited to nominate one candidate, who need not necessarily be a citizen or a resident of the State by which he is nominated. The eight candidates severally nominated by the eight great Powers shall thereupon be appointed judges by the international council sitting as the council of the eight great Powers. The remaining seven judges shall be appointed by the international council sitting as a whole, after selection' by exhaustive ballot from among the candidates nominated by the constituent States other than the eight great Powers. On the occurrence of a vacancy among the judges nominated by the eight great Powers, the State which had nominated the judge whose seat has become vacanf shall be invited to nominate his successor, and the candidate so nominated shall thereupon be appointed by the . international council sitting as the council of the eight great Powers. On the occurrence of a vacancy among the other judges, each of the constituent States other than the eight great Powers shall be invited to nominate a candidate to fill the vacancy; and the International council sitting as a whole shall, by exhaustive ballot, choose from among the candidates so nominated the person to be appointed. (Query add: but so that at no time shall more than one (or two) ef the judges be the nominees of any one State.) ' " A judge of the international high court

Jr - Kl. if: '$S0

gftasjimasw xumt George Bernard Shaw. shall not be liable to any legal proceedings In any tribunal in any State, and shall not be subjected to any disciplinary' action by' any Government, in respect Of anything .said or done by him in his capacity as judge;. and shall not during his term of office be deprived of any part of the emoluments or privileges of his office. A judge of the international high court may be removed from office by a resolution of the international council sitting as a whole, carried by a threefourths majority. The Court Open Only to State Governments. 13. The international high court shall deal only with justiciable questions, as defined ia -these articles, at issue, between the national Governments of independent sovereign States, and shall not entertain any application from or on behalf of an individual person, or any group or organization of persons, or any company, or any subordinate administration, or any State not independent and sovereign. The international high court may, if it thinks fit (query, with the consent of all the parties), deal with a suit brought by a constituent State against an independent sovereign State which is not; a constituent State; or with a suit between two or more such States. Justiciable Issues. 14. The justiciable questions with which the international high court shall be competent to deal shall be exclusively those falling within one or other of the following classes, viz.: (a) Any question of fact which, If established, would be a cause of action within the competence of the court; (b) Any question as to' the interpretation or application of any international treaty or agreement duly registered as provided in these articles, or of international law, or of any enactment of the international council; together with any alleged breach or contravention thereof; (c) Any question as to the responsibility or . blame attaching to any independent sovereign State for any of the acts, negligences or defaults of its national or local Government officers, agents or representatives, occasioning loss or damage to a State other than their own, whether to any of the citizens, companies or subordinate administrations of such State, or its national Government; and as to the reparation to be made, and the compensation to be paid, for such loss or damage; (d) Any question as to the title, by agreement, prescription or occupation, to the sovreignty of any place or district; (e) Any question? as to the demarcation of any part of any' national boundary; (f) Any question as to the reparation to be made, or the amount of compensation to be paid,, in cases in which' the principle of indemnity has been recognized or admitted by all the, parties; (g) Any question as to the recovery of contract debts claimed from the Government of an independent sovereign State bythe Government of another independent sovereign State, as being due to any of its citizens, companies or subordinate administrations, or to itself; (h) Any question which may be submitted to the court by express agreement -between all the parties to the case. The question of whether or not an issue is justiciable within the meaning of these articles shall be determined solely by the international high court, which ; may determine such a question whether or not formal objection is taken by any of the litigants. ;If any State, being a party to any action in the international high court, objects that any point at issue is not a justiciable question as herein defined, the objection shall be considered by the court ;and the court shall, whether or not the objecting State enters an appearance, or argues the matter, pronounce upon the objections, and either set it aside or declare it well founded. , . ' It shall be " within the competence of the international high court, with regard to any justiciable, question in respect of which- it may be invoked by one or more of the parties, summarily to enjoin any State, whether or not a party to the case, to refrain from taking any specified positive action or to discontinue any specified positive action already begun, or to cause to be discontinued any specified positive .action begun by any per son, company or subordinate administration - within or belonging to such State, which in the judgment of the court Is designed. or Intended, or may reasonably be expected to change the status quo with regard to the question at issue before the court, or seriously to injure any of the parties to the case.

Conclusion of the" Remarkable Plan of the English Fabian Society, by : Which All International . Disputes Are -to Be Settled Without Resort to Arms. - ' -

Any such Injunction of the international high , court shall be binding, and shall be enforc- . able, In the same way as a judgment oftbe court. In the manner hereinafter described. Immediate Publicity- for All Treaties, Existing and Future. 15. No treaty or agreement between two or more Independent sovereign States shall be deemed to confer any right to invoke the international high court, or shall be treated as valid, -or be in any way recognized by the international council or the international high court, or shall be held to confer any rights. -to impose any obligations, or to change the status or legal rights. of any "person, company. . Subordinate administration, district or State, unless a duly authenticated .copy' of such treaty or agreement has been deposited by one or all of the States that are parties to it, In the registry of he international high courts., within twelve months from the date of these articles, in accordance with any rules that may from time to time be made by the court for this purpose; or In the case of a treaty . or agreement .hereafter made, within three months from the date of such treaty or agreement. . .. It shall be the duty of the officer In charge of the registry Immediately after deposit to allow the duly accredited representative of any constituent State to inspect any copy any treaty or agreement so deposited; and promptly to communicate a copy to the international secretariat for publication in the - official gazette. Undertaking to Suubmit All Justiciable Questions to the International High Court. 16. The constituent States severally undertake and agree to submit to the international high court for trial and judgment every question, difference or dispute coming within the definition of a Justiciable question as laid down-by these articles that may arise between themselves and any other independent sovereign State or States; and at all times to abstain in respect of such questions, from anything in the nature of an ultimatum; from any threat to take, unfriendly or aggressive action of any kind with a view to redressing the alleged grievance or punishing he alleged wrongdoing; and from any violation of the territory of any other State or attack on the ships of such State or other military or naval operations, or other actions leading or likely to lead to war. The committee suggests the Insertion of this additional article: Provision for Abrogation of Obsolete Treaties. 16a. Provided that any constituent State may at any time, wheiher before-or after any question, dispute or difference has arisen on the subject with one or more other States, claim to have it declared that any treaty or agreement to . which it is a party has become obsolete, wholly or in part, by reason of the subsequent execution .of another treaty or agreement by which the earlier treaty or agreement has been substantially abrogated, -or by reason of one or other independent sovereign State concerned in such treaty or agreement having ceased to exist as such, or by reason of such a change of circumstances that the very object and purpose for which all the parties made the treaty or agreement can no longer be attained. When such a claim is made by either of the parties to a question, dispute or difference, either party may, instead of submitting the question, dispute or difference as a justiciable Issue to the international high court, in the alternative bring before the international council sitting as a whole . its claim to have the treaty or agreement declared to be obsolete, wholly or in part; and shall at the same time submit the question, dispute or difference as a non-justiciable issue to the international council sitting as a whole. The. council shall promptly take Into consideration any claim by a constituent State to have any treaty or agreement declared obsolete, whether or not any question, dispute or difference has arisen in connection with the subject, and shall take such steps as it may deem fit to ascertain the tacts of the case, and may on any ot the grounds aforesaid, decide by resolution (query, passed by a three-fourths majority, or a three-fourths majority including all: the eight great Powers), that the said treaty or agreement is wholly or in part obsolete and ought to be abrogated, and in that case the said treaty or agreement shall be deemed to have been 'abrogated to such extent and from such date, and subject to such conditions as may be specified in the resolution of the council. If the council passes such a resolution as aforesaid, and if any question, dispute or difference has been submitted to the council in ' connection with the subject,- the council shall thereupon promptly deal with the question,dispute or difference as a non-justiciable Issue in conformity with these articles. Note to Article 16a. It seems as If some such proviso as Is here tentatively suggested were required, If all existing treaties and agreements are to be registered and made the basis. for potential legal proceedings before the International high . court. It has not always been customary in treaties specifically to repeal or abrogate the . provisions of former treaties; and there is hardly ever any limit set to their endurance. There is no saying what weird cases might not be founded on the various clauses of the Treaty of Westphalia (1648), or on those of the Treaty of Utrecht (1713), or on one or other of the tens of. thousands of uncancelled : documents, all solemnly signed and sealed, and professedly part of the "public law" of : Europe, that, might be fished up out of the ' chancelleries of Europe for 'registration and potential - enforcement In the international - high court. To enable disputes as to treaties to be decided by a Judicial tribunal is the very first object of all proposals of this nature. Yet a vast number of the existing treaties are. in fact, wholly obsolete. . Pro- -

v'sioc ought .v be mkde toaieV- for 4eti0 " ' ing ' otawwi tnac; by til Mr -puJrUon -oi?e party, whlca of thi. must be declared-- - A to.have beco:a ull and toid. -tid ti U ug - sestel tbM this U a matter tor cectoton. aso iy case, by the toternatio&hl c-urttl reprer sentlng the. Sutea ot to o'rJd. . An aUfena. tlve course wfcich irlght, towevw, mo choke ' the . xcachlr ary aj to prevent tho super, national authority ever retting nnaer "way-i would be to -irwlde some Impani-u'scrtitloy ' -acd conHldefi-Joa I U treaties and aree . ; - ments whun thy an prusecu-d for rttstxv . tion, la ordr to --!cm to rpglstrailoa- only' those deentd to be stUl tn tutl force. "; . Enforcement of the Decrees of the Com.-. 17. When in any case upon which ju-mnt la given by the International high court." tae . court finds that any "of the panics to the case, has, by act,- negligence or default, commit ted any breach ot international obrtgattost, -whether arising by treaty or agreement, or "? by international law, or by enactment of the- " International council m accordance with these "J articles, the court may simply declare that "" ote or other ligitant State ie in deUalt. and leave, such State voluntarily to make repara ' tion; or the court may. In the alternative, itself direct reparation to be made or compensation to be paid for such wrong, and may assess damages or compensation, "asd. may, either by way of addition to damwyrs-or compensation, or as. an alternative, impose' a -pecuniary fine" upon the SUte 'declared in de fault, hereinafter .called, .the recalcitrant State; and - may. require compliance with Its decree within a specified time under penalty of a pecuniary fine, and may prescribe the application of any such damages, compensation or fine. - v In the event of non-compliance" with any decision or decree or injunction of the inter- ' national high court, or of non-payment of the damages, compensation or fine -within the time specified for such payment, the court . -may decree execution, and may call upon the constituent States, upon some or any of them, to put in operation, after duly published no tice, for such period and under such condW ' tions as may be arranged, any or all of the following sanctions via.: (a) To lay an embargo on any or all ships within the Jurisdiction of such constituent State or States registered as belonging to the recalcitrant State; (b) To prohibit aiy lending of capital or -other moneys -to the citizens, companies subordinate administrations of the rc-calciu rant State, or to its national Government; t (c) To prohibit the Issue or dealing in or quotation on the Stock Exchange or in the press, of any new loans, debentures, shares, notes or securities of any kind by any of the citizens, companies or subordinate adminta " tratlons of the recalcitrant Slate, or of Us na - tional Government: '- - - (d) To prohibit all postal, telegraphic. tel phonic and wireless communication with the recalcitrant Str.te; ... ' (e) To prohibit the payment of any debts due to the citizens, companies or subordinate administrations of the recalcitrant State, or to its national Government; and. if thought fit, to direct that payment of such debts shall be made only to one or other of the constituent Governments, which shall give a good ' and legally valid discbarge for the same, and' " shall account for the net proceeds thereof ts the International high court: "' '- (f) To prohibit all imports, or certain spec' -Ified Imports, coming from tho rocalcltranl " -State, or originating within it; . , (g) To prohibit all exports, or certain spec Ified exports, consigned directly to the recaicitrant State, or destined for it; (h) To prohibit all passenger traffic (other than the exit of foreigners), wheiher by ship, railway, canal or road, to or from the recalcitrant State; ... (I) To prohibit the entrance into any port of the constituent. States ot any of the ships registered as belonging to the recalcitrant , State, except so far . as may. be necessary for any of them to seek safety. In which case such ship or ships shall be Interned; (J) To declare and enforce a decree of complete nonintercourse with the recalcitrani State, including all the above-mentioned jneB; ures of partial non-intercourse; - (k) To levy., a special export" duty on a3 goods destined for the recalcitrant" State, ao ; counting for the net proceeds to the Intel : national high court; - (1) To furnish a contingent of warship- ttt ' maintain a combined blockade of one or more of the ports, or of the whole coastline of the- -recalcitrant State. .... . The -international high court shall arrange for all -the expenses incurred, in putting , in . force, the above sanctions,, including any com.' pensation for loss thereby incurred by any ." citizens', companies, subordinate administrations or national Governments of any of the constituent States other than. the recalcitrant' "" " State, to bs raised by a levy on all the cod-' " stituent States in such proportions as may ba :" decided by the international council;" and for -the eventual recovery of tile total sum by -. way of additional penalty from the recalcit-' rant State. When on any decree or decision or Injunc- : tion of the international high court execution .' is ordered, or when any sanction or other -.measure ordered by the court is directed to be put in operation against any constituent J State, It shall be an offence against the comity of nations for the State against which such decree, decision, injunction or execution has been pronounced or ordered.- or agaJaat : which any sanction or other measure i SS ' recte"d to be enforced, to declare war, or to take any naval or military act lorn or to violate the territory or attack the ships of any other' State, or to commit any other act of . aggression against, any or all of tba States so acting under the. order of the court; and - alt the other constituent States shall 'be - : - -bound, and do hereby pledge, themselves, to - - . make eommon cause with the' State or States ' - so attacked, and to use naval and military force to protect such State or States, and to enforce the orders of the International high court, by any warlike operations that may for . the purpose-be deemed necessary.

u mi.., ij,'"i:r'lJjw:K!L.,,J,i