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XV.

IN CONCLUSION. This report may seem lengthy but same embodies the result of many years' work and reflection on the part of the committee and the many who have aided the committee in its labors.

Respectfully submitted,

FRANCIS B. JAMES, Chairman,
W. H. H. PIATT,
JOSEPH F. O'CONNELL,
CHARLES R. BROCK,

JULIUS HENRY COHEN,
June 1, 1921.

Committee.

DISSENT OF CHARLES R. BROCK TO PART OF REPORT

OF COMMITTEE. The undersigned, Charles R. Brock, one of the members of the Committee on Commerce, Trade and Commercial Law, is “ not willing to approve the amendments of Sections 14, 20, 21 and 22,of the bill to amend the Pomerene Bills of Lading Act in Interstate and Foreign Commerce.

CHARLES R. BROCK. Denver, Colorado, June 15, 1921.

REPORT

OF THE
COMMITTEE ON INTERNATIONAL LAW.
To the American Bar Association:

Your Standing Committee on International Law respectfully submits its annual report.

It has tabulated chronologically the main international events of the year directly affecting the United States and has included a limited number of incidents in which the United States is not a direct participant but which profoundly affect its interests.

This list schedules 175 separate entries, many of which are somewhat extended and include numerous items, but all pertaining to, one topic.

Your committee feels it must limit comment but desires to take note of a few of the matters observed.

The first Assembly of the League of Nations was opened at Geneva, Switzerland, on November 15, 1920, and there held 30 sessions.

A few days prior thereto the November elections may be deemed to have overwhelmingly committed the United States to a policy of abstention from membership therein and of refusal to ratify the Treaty of Versailles, at least in unmodified form.

The paramount achievement of the Assembly, however, can· not but prove of the highest interest to the American Bar since it was the practical completion of the scheme for the creation, institution and operation of a Permanent Court of International Justice.

The plan evolved by the Congress of Jurists at The Hague, and known as the Root-Phillemore Plan, was modified by the Council of the League and, thus altered, was recommended to the Assembly.

The latter body still further modified the original scheme and then, with such modifications, adopted it by a unanimous vote, referring it to the several nations for final ratification.

The modifications took away the power of adjudication as to nations without the consent of all parties, though a protocol was adopted by which states desiring might adopt the scheme with or without such original powers.

The assembly also decided that ratification by the individual states was necessary and that the court should come into being on ratification by a majority of the members of the league. It was reported June 11, 1921 (New York Evening Post) that the statutes of the court had been signed by 33 states and that they were in process of ratification by the members of the league.

The court is to be composed of 15 members, namely, eleveu judges and four deputy judges. These members are to be elected by the assembly of the league and by the council of the league from candidates nominated by the national groups in the Court of Arbitration. Those who receive an absolute majority of votes in the assembly and also in the council, the two bodies voting separately, are deemed elected. As the great powers predominate in the council and the lesser ones in the assembly, the successful candidate must have the support of a majority of each type.

If more than one of those thus chosen come from any state only the oldest is to be considered elected.

On June 2 of this year the Secretary-General of the league sent circulars to the members of the league asking them to nominate candidates for membership in the court.

The statutes provide that “only states or members of the League of Nations can be parties in cases before the court," and that

“The conditions under which the court shall be open of right or accessible to states which are not members of the League of Nations shall be determined by the council.”

The Department of State of the United States has entered into correspondence with the council of the league and the principal Allied powers as to the allocation under mandate to various nations of the territories acquired by the victory of the Allied and Associated powers and which the other powers have assumed to dispose of under mandates without the consent or participation therein of the United States.

The position of the United States is that territories ceded by or acquired by conquest from the Central powers in the late war enure and belong jointly to the victors therein, namely, to the Allied and Associated powers, and can only be disposed of by their unanimous action.

That, in the absence of participation in such action by the United States, her rights and title remain unimpaired and unaffected.

She has claimed, however, no exclusive or individual rights but merely that all nations be permitted to fairly share the special advantages of these territories.

The Department of State has further conducted a correspondence with the Netherlands government earnestly protesting

against the denial to American capitalists and corporations of the right to participate fairly in the exploitation of Sumatra oil lands while such exploitation is permitted to the British trust.

Earnest efforts have been also made by the Department of State to prevent the forfeiture or confiscation of the rights of citizens of the United States in Mexican lands, including mining and oil lands, acquired prior to the adoption of the constitutional provisions under which such hostile procedure is threatened or attempted.

Your committee would also note as one of many projects pressed upon the League of Nations or the subsidiary congresses and organizations provided for and already active under its authority, that designed to operate together: (1) For the control of all international transport; (2) for the so-called equitable distribution among the nations of all raw materials. The scheme has been strongly supported by the more barren or exhausted nations and with difficulty, so far at least, postponed by the efforts of the more well-endowed nations, like Great Britain and her Dominions of Canada and South Africa. As the committee to which the first steps in shaping the matter would fall appeared to be composed of delegates about 80 per cent of whom were from Europe and about 20 per cent from the rest of the world, it might be thought that European interests would be more adequately served by the steps to be taken than those of the rest of the world.

Your committee expresses the hope that the policy of generous regard for the common rights of all nations in access to regions and opportunity for equal exploitation of natural resources may be successfully maintained without unfair trespass on the sovereignty of any nation and without the surrender through lack of sagacious consideration or through indolence or weakness, of any essential rights of our own people.

Your committee expresses its regret that many matters of the highest international significance and importance are now pending and at such a state that comment upon them seems to be inadvisable. All of which is respectfully submitted.

CHAS. NOBLE GREGORY,
JAMES BROWN SCOTT,
THEODORE S. WOOLSEY,
WILLIAM D. GUTHRIE.

TABLE OF CONTENTS. June 1. 1920. United States-Armenia. The United States Senate by a vote of 62 to 12 rejected the President's recommendation that executive power be granted to accept a mandate over Armenia.-Cong Rec., June 1, 1920, p. 8334; 14 Am. Jour. Int. Law, p. 438.

June 1, 1920. United States Armenia. An amendment to above providing for a commission to study the rehabilitation of Armenia and for an American Loan of $50,000,000. Was also defeated by 41 to 34.Cong. Rec., June 1, 1920, p. 8691; 14 Am. Jour. Int. Law, p. 438.

June 3, 1920. Colombia, United States. Ratification of the treaty of 1914 for settlement of differences arising out of partition of Panama in Nov. 1903 recommended by Committee U. S. Senate on Foreign Relations.-Cur. Hist., July, 1920, 12; 593; 14 Am. Jour. Int. Law, p. 643.

June 6, 1920. International Juridical Union. Third session held in Paris, Paix par le droit, June-July, 1920, p. 228. The Union resolved to accept, with the University of Paris, the patronage of a school of International Law.-Temps, June 17, 1920, p. 2; 14 Am. Jour. Int. Law, p. 643.

June 15, 1920. Chinese Consortium. Plans completed, first organization meeting of representatives of American, British, French and Japanese groups to be held in New York in September.- N. Y. Times, June 16, 1920, p. 18; 14 Am. Jour. Int. Law, p. 646.

June 16, 1920. International Court of Justice. Under Article 14 of the League Covenant an advisory commission of jurists from ten countries met at The Hague to draft plans for an International Court.

The commission adjourned July 24 and transmitted to the Council of the League a draft of the project. This recommended (1) A new International Conference to carry on the work of the Hague Conferences; (2) Establishment of a High Court of International Justice, according to a plan submitted; (3) Opening of an Academy of International Law.London Times, July 26, 1920, p. 15; 14 Am. Jour. Int. Law, p. 646; Text, 14 Sup. Am. Jour. Int. Law, p. 371.

June 17, 1920. International Labor Conference. Held in Geneva under League of Nations.-14 Am. Jour. Int. Law, p. 647; New Europe, July 22, 1920, p. 38.

June 21, 1920, Boulogne Conference, Allied Council. Held to consider German Indemnity, disarmament, Greek mandate, etc., Germany asked an army of 200,000. She was required to reduce her army to 100,000, but allowed a police force of 150,000 instead of 80,000.- London Times, June 23, 1920, pp. 16-17; Text of notes sent Germany June 22, Temps, July 1, 1920, p. 4; 14 Am. Jour Int. Law, p. 648.

June 23, 1920. International Chamber of Commerce. International Commercial Congress opened in Paris, resulting in organization of an International Chamber of Commerce.-Adv. of Peace, Aug., 1920, p. 278; 14 Am. Jour Int. Law, p. 648.

June 24, 1920. Guatemala–United States. The Government of Guatemala recognized by the United States.-Cur. Hist., Aug., 1920, 12, 819; 14 Am. Jour. Int. Law, p. 648.

July 3, 1920. Brussels Conference. Interallied Conference held to discuss German disarmament, indemnity, etc., and procedure for Spa Conference.-Temps, July 3, 1920; 14 Am. Jour. Int. Law, p. 619.

July 5, 1920. Spa Conference. Allied and German Prime Ministers met at Spa to negotiate as to German reparation payments, disarmament, war criminals and coal deliveries. Disarmament settled July 7. German representatives signed coal protocol July 16 and conference adjourned. Cur. Hist., Aug., 1920, 12; 765; London Times, July 5, 1920, p. 14; Text Coal Protocol, Wash. Post, July 17, 1920, p. 1. Agreement approved Reichstag, July 28.-Cur. Hist., Sept., 1920, 12-1064, 14 Am. Jour. Int. Law, p. 649.

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