FACHIRI, THE PERMANENT COURT OF INTERNATIONAL JUSTICE
: ITS CONSTITUTION, PROCEDURE, AND WORK 22 (1925); KUEHL, supra note 53, at 46; MEYER, supra note 53, at 18; RALSTON, LAW AND PROCEDURE, supra note 53, at xxviii; SCOTT, THE HAGUE PEACE CONFERENCES, supra note 53, at 281,442; SHAW, supra note 53, at 953; William E.
(64) In considering supplementary materials that may provide a clearer interpretation of the provision, the Court examined the travaux preparatoires of the text, in particular the drafting history of the Statute of the Permanent Court of International Justice
, which contained substantially the same provision.
Army; promoted the rotation of officers from staff to line duty, and induced Congress to turn the National Guard into a national militia; Secretary of State under Roosevelt (1905-1909), and Republican senator from New York (1909-1915); helped create the Permanent Court of International Justice
at The Hague (1920-1921); delegate to the Washington Armaments Limitation Conference (November 1921); and served on several diplomatic missions in the 1920s; died in New York City (February 7, 1937).
Lamm traces the history of the arbitral settlement of interstate disputes to the creation of the first permanent international judicial forum, the Permanent Court of International Justice
, and surveys the development of the optional clause system, the theoretical and procedural aspects of unilateral declarations of acceptance, and the different reservations added to those declarations.
One of the major disputes in 1920 and again in 1945 when the Permanent Court of International Justice
and the International Court of Justice were being established was whether they should have compulsory jurisdiction over the states parties to a legal dispute or whether the established principle that states were free to consent or not to third party binding procedures would continue to prevail.
To be sure, the new court was given the bland name Permanent Court of International Justice
(PCIJ), rather than that of the Court of Arbitral Justice, as the 1907 Conference had proposed (and the U.S.
As Judge Philip Jessup pointed out in his separate opinion, the Permanent Court of International Justice
had already concluded in the Mavrommatis Palestine Concessions case of 1924 that provisions of the Palestine mandate - which also involved a resolution of the League of Nations Council to which a state indicated its consent - constituted a treaty.(16)