The Permanent Court of International Justice as an Institution for Peaceful Settlement of Disputes in 1921-1939
##plugins.themes.bootstrap3.article.main##
Abstract
On January 25, 1919, at the Paris Peace Conference, a resolution was passed, under which a decision was adopted to set up the League of Nations. A commission for preparation of the Court Statute was formed at the League of Nations. On December 13, 1920, the draft of the Court was approved at a meeting of the League of Nations, and a protocol for signing was prepared.
The Statute of the Permanent Court of International Justice was not adopted at a meeting of the League of Nations, and it came into legal force only after signing and ratifying the Protocol of 13 December 1920 by the participating states. In the literature it was discussed which of the legal acts means the establishment of the Court. It was considered that it was the resolution of the League of Nations or Article 14 of the Statute of the League of Nations. D.Anziloti’s opinion should be approved that an establishment act is a multilateral agreement, since it foresees that the Statute cannot be changed without consent of the states that ratified and joined it. The Court Statute was subdivided into three parts: Organization of the Court, Competence of the Court and Procedure. Quite a number of shortcomings of the Statute, especially those of procedure, were revealed in practice.
The Permanent Court of International Justice, established in 1921, became the first permanent Court in the international practice of law for peaceful settlement of disputes. The establishment of the Court in actual fact completed the period of settlement of disputes at arbitration prevalent in international law. The Court, even though it was established as an institution of the League of Nations, however, the procedure of election of judges, ad hoc judges and permanent work of the Court guaranteed the objectivity of the Court, as well as its authority in the international community. The Court Statute was granted the right, in accordance with law in force (treaties), the recognized principles of law and a law doctrine, to adopt decisions in cases or advisory opinion. By the competence of the Court in terms of ratione materiae it was striven to enforce as compulsory both in terms of law and fact establishment. The activity of the Court is to be evaluated positively, since the Court in the essence served for peaceful settlement of disputes, especially in cases of settlement of territorial disputes, and it seemed to be the only international institution for small states to defend its interests. The Court also served for the development of international law sources. Even though the Court avoided judicial precedent, however, it interpreted extensively international treaties and made the formulation of law principles more concrete.
The Statute of the Permanent Court of International Justice was not adopted at a meeting of the League of Nations, and it came into legal force only after signing and ratifying the Protocol of 13 December 1920 by the participating states. In the literature it was discussed which of the legal acts means the establishment of the Court. It was considered that it was the resolution of the League of Nations or Article 14 of the Statute of the League of Nations. D.Anziloti’s opinion should be approved that an establishment act is a multilateral agreement, since it foresees that the Statute cannot be changed without consent of the states that ratified and joined it. The Court Statute was subdivided into three parts: Organization of the Court, Competence of the Court and Procedure. Quite a number of shortcomings of the Statute, especially those of procedure, were revealed in practice.
The Permanent Court of International Justice, established in 1921, became the first permanent Court in the international practice of law for peaceful settlement of disputes. The establishment of the Court in actual fact completed the period of settlement of disputes at arbitration prevalent in international law. The Court, even though it was established as an institution of the League of Nations, however, the procedure of election of judges, ad hoc judges and permanent work of the Court guaranteed the objectivity of the Court, as well as its authority in the international community. The Court Statute was granted the right, in accordance with law in force (treaties), the recognized principles of law and a law doctrine, to adopt decisions in cases or advisory opinion. By the competence of the Court in terms of ratione materiae it was striven to enforce as compulsory both in terms of law and fact establishment. The activity of the Court is to be evaluated positively, since the Court in the essence served for peaceful settlement of disputes, especially in cases of settlement of territorial disputes, and it seemed to be the only international institution for small states to defend its interests. The Court also served for the development of international law sources. Even though the Court avoided judicial precedent, however, it interpreted extensively international treaties and made the formulation of law principles more concrete.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
