1963 CONGRESSIONAL RECORD - SENATE 11253 By Mrs. DWYER: ._ , . By Mr. OLIVER P. BOLTON: DESIGNATION OF ACTING PRESI­ · H.R. 7160. A bill to provide for periOdic H.J. Res. 494. Joint resolution providing congressional review· of Federal grants-in-aid for the recognition of ·the 60th anniversary. DENT PRO TEMPORE to States and to local units of government; of the American Society for Metals; to the The legislative clerk read the follow­ to the Committee on Government Operations. Committee on the Judiciary. ing letter: By Mr. GIAIMO: . By Mr. ST. ONGE: U.S. SENATE, H.R. 7161. A bill to amend Public Law 87- H.J'. Res. 495. · Joint resolution proposing PRESIDENT PRO TEMPORE, 276, so as to extend its provisions for 8 addi­ an amendment to the Constitution of the Washington, D.C., June 20, 1963. tional years, to expand the program under United States relative to equal rights for men To the Senate: that act to provide for the training of and women; to the Committee on the Ju­ Being temporarily absent from the Senate, teachers of all exceptional children, and for diciary. I appoint Hon. BmcH BAYH, a Senator from other purposes; to the Commitee on Educa­ the State of Indiana, to perform the duties of tion and Labor. the Chair during my absence. By Mr. GILBERT: . PRIVATE BILLS AND RESOLUTIONS CARL HAYDEN, H.R. 7162. A bill providing for the reduc­ President pro tempore. tion of the basis of representation of States Under clause 1 of rule xxn, private denying or abridging the right of its citizens bills and resolutions were introduced and Mr. BAYH thereupon took the chair as to vote, and for other purposes; to the Com- severally referred as follows: Act~ng President pro tempore. mittee on the Judiciary. · H.R. 7168. A bill to provide that the repre­ By Mr. CONTE: sentation in the House of Representatives of H.R. 7173. A bill for the relief of Chung­ THE JOURNAL each of the several States shall be reduced in Liang Huang; to the Committee on the proportion to the number of adult in}labi­ Judiciary. · On request of Mr. ·HUMPHREY, and by tants of such State whose right to vote is By Mr. DEROUNIAN: unanimous consent, the reading of the denied or abridged; to the Committee on H.R. 7174. A bill for the relief of Epifania Journal of the proceedings of Wednes­ the Judiciary. F. Gamoa; to the Committee on the Judici­ day, June 19, 1963, was dispensed with. By Mr. GRAY: ary. H.R. 7164. A bill to provide for the expan­ H.R. 7175. A bill for the relief of Josefina sion of the Mound City National Cemetery; A. Villanueva; to the Committee on the MESSAGE FROM THE HOUSE to the Committee on Interior and Insular Judiciary. Affairs. H.R. 7176. A bill for the relief of Oscar V. A message from the House of Repre­ By Mrs. HANSEN: Johnson; to the Committee on the Judiciary. sentatives, by Mr. Hackney, one of its H.R. 7165. A bill relating to domestically By Mr. MATSUNAGA: reading clerks, announced that the prOduced fishery products; to the Commit­ H.R. 7177. A bill for the relief of (Charles) House had passed the f ollowin·g bill and tee on Agriculture . . Chang Kee Hong, his wife, Kerm Soon Hahm joint resolution, in which it requested the By Mr. HORAN: (Hong), and their minor daughters Mi concurrence of the Senate: H.R. 7166. A bill to provide for the closing Young Hong, Sun Young Hong, and Bo H.R. 4347. An act to limit the authority of of the roll of the Confederated Tribes of the Young Hong; to the Committee on t'1e Colville Indian Reservation preparatory to the Veterans• Administration and the Bu­ Judiciary. reau of the Budget with respect to new con­ submission of proposed ~egislation for the By Mr. POWELL: termination of Federal supervision over the struction or alteration of veterans' hospitals; property and affairs of the Confederated H.R. 7178. A bill for the relief of William and Tribes and their members, and for other O'Connor Swainson; to the Committee on H.J. Res. 247. Joint resolution to suspend purposes: to the Committee on Interior and tlie Judiciary. for the 1964 campaign the equal opportunity Insular Affairs. requirements of section 315 of the Communi­ By Mr. HORTON: . •• ..... • • cations Act of 1934 for legally qualified candi­ H.R. 7167. A bill .to amend the Internal dates for the offices of President and Vice Revenue Code of 1954 to provide an addi­ President. · tional income tax exemption for a taxpayer SENATE or spouse who has had a laryngectomy; to ENROLLED BILLS AND JOINT the Committee on Ways and Means. THURSDAY, JUNE 20, 1963 RESOLUTION SIGNED By Mr. KYL: The Senate met at 12 o'clock meridian, H.R. 7168. A bill to save the taxpayers large The message also announced that the and was called to order by Hon. BIRCH sums in taxes by providing that the District Speaker had affixed his signature to the of Columbia may receive noncash grant-in­ BAYH, a Senator from the State of In­ aid credits for urban renewal projects only diana. following enrolled bills and joint resolu­ on the same basis as other municipalities, tion, and they were signed by the· Acting The Chaplain, Rev. Frederick Brown President pro tempore: and by requiring that housing (including Harris, D.D., offered the following both residential and commercial structures) prayer: H.R. 181. An act to provide for the renewal in urban renewal project areas which is in of certain municipal, domestic, and indus­ goOd condition, or which can be rehabili­ Eternal Spirit, who in the perspective trial water supply contracts entered into un­ tated or restored to good condition, shall not of the long years, in spite of man's der the Reclamation Project Act of 1939, and be demolished or included by the District of blundering, dost bring forth Thy right­ for other purposes; Columbia Redevelopment Land Agency in H.R. 8574. An act to provide for the With­ the acquisition and assembling of the real eousness as the light and Thy judgments drawal and reservation for the use of the De­ property in such areas; to the Committee on as the noonday: As servants of the pub­ partment of the Air Force of certain public the District of Columbia. lic weal, we pause amid draining de­ lands of the United States at Cuddeback Lake By Mr. MILLER of California: mands to acknowledge Thy sovereignty ~ir Force Range, Calif., for defense purposes;· H.R. 7169. A bill to amend the Internal and to pray for courage to attempt, and Revenue COde of 1954 so as to exempt from power to achieve, and patience to en­ H.J. Res. 180. Joint resolution to authorize tax musical instruments sold to students for dure. the continued use of certain lands within the school use: to the Committee on Ways and Sequoia National Park by portions of an ex­ Means. In this temple of a free people's will, isting hydroelectric project. By Mr. RIVERS of Alaska: wilt Thou guide with the spirit of under­ H.R. 7170. A bill to amend the Alaska standing these public servants-the few Public Works Act to authorize the Secretary among the many-lifted by their fellows HOUSE BILL AND JOINT RESOLU­ of the Interior to collect, compromise, or re­ to high pedestals of commanding in­ TION REFERRED lease certain claims held by him under that fluence. act; to the Committee on Interior and Insu-· The following bill and joint resolu­ lar Affairs. By their words and counsel may they tion were each read twice by their titles By Mr. WHITTEN: bring healing for the open sores of the and referred as indicated: H.R. 7171. A bill to provide assistance to Nation and of the world. H.R. 4347. An act to limit the authority certain States bordering the Mississippi River Forbid that when radiant human of the Veterans' Administration and the in the construction of the Great River Road; hopes are flaming in the skies, we should Bureau of the Budget with respect to new to the Committee on Public Works. be blinded by the smoke of our own construction or alteration of veterans' hos­ By Mr. WYDLER: campfires. Save us from giving our­ pitals; to the Committee on Labor and Pub­ H.R. 7172. A bill to amend section 208(k) selves to the dead past, rather than to lic Welfare. of the Federal Property and Administrative H.J. Res. 247. Joint resolution to suspend Services Act of 1949, as amended, and for the living future. for the 1964 campaign· the equal opportunity other purposes; to the Committee on Govern­ We ask it in the name of the Christ, requirements of section 315 of the Commu­ ment Operations. whose truth is marching on. Amen. nications Act of 1934 for legally qualified 11254 CONGRESSIONAL RECORD-SENATE June 20 candidates for the ofllces of President and BILLS lNTRODUCED subject, the Senator from Oregon [Mr. Vice Presldent; to the Committee on Com­ MORSE] and I deemed it. proper to submit merce. Bills were introduced, read the first time, and, by unanimous consent, the a sense resolution on the subject second time, and referred aS' follows: I. submit also an amendment ~ the LIMITATION OP STATEMENTS Foreign Assistance .Act. The amend­ By Mr. W!LgAMS of Delaware (for ment is sponsored by myself together DURING MORNING HOUR himself and Mr. BOGGS) : S.176?. A blll to authorize the Admin­ with Senators MOJtSE, CASE. SCOTT, On request of Mr. HUMPHREY, and by istrator of General Services to convey a KUCHEL, and SALTONSTALL. The amend­ unanimous consent, statements during certain parcel of land to the State of Dela­ ment. would bar assistance to any country the morning hour were ordered limited ware, and for other purposes; to the ·Com­ which would be enabled thereby t;o take to 3 minutes. mittee on Government Operations. aggressive action against other countries By Mr. MONRONEY: also receiving U.S. aid, unless the Presi­ S. 175~. A bill for the relief or Lt. Robert C. dent reports to the Congress that the COMMITTEE MEETING DURING Gibson~ to the Committee on the Judiciary. restriction should be waived in the na­ SENATE SESSION tional interest. On request of Mr. HUMPHREY, and by CONCURRENT RESOLUTION I understand fully-perhaps as well as unanimous consent, the Subcommittee FAVORING THE SUSPENSION OR any Senator-the thrust of our foreign on Air and Water Pollution of the Com­ aid program. I have fought f.or it since WITHHOLDING OF FOREIGN AS­ I was first in the other body in 1948 and mittee on Public Works was authorized. SISTANCE IN CERTAIN CASES to meet during the session of the Senate 1949. today. Mr. JAVITS (for himself and Mr. One of our strongest weapons in help­ MORSE) submitted a concurrent resolu­ ing the developing nations of the world tion CS. Con. Res. 50) favoring the t.o security and independence on the side REPORTS OF COMMITI'EES suspension or withholding of foreign as­ of the free world 1s the Foreign Assist­ sistance from countries engaging 1n ac­ ance Act and Public Law 480. These The following reports· of committees are the means by which we can effective­ were submitted: tivities which endanger the security and independence of the United States or ly resist Communist in:flltration and ag­ By Mr. BYRD of Virginia, from the Com­ o.ther countries receivi:ng such aid, which gression and turn· back its inroads into mittee on Finance, without amendment: the position of the free world. H.R. 6755. An ~ to pro-Yide a 1-year ex­ was referred to the Committee on For­ tension of the elxsting corporate normal eign Relations. But while we focus on.this important tax rate and of certain excise tax rates (See the above concU1Tent resolution goal, we should not minimize or ignore (Rept. No. 281). printed In full when submitted by Mr. the actions. of those nations which may By Mr. JOHNSTON (fo:r Mr. EASTLAND), JAVITs. which appears under a separate misuse our funds to strengthen their hos­ from the Committee on Agriculture and For­ heading.) tile acts,against other cowitries whom we estry, without amendment: are also assisting. S. 51. A blll to authorize· the Secreta.ry of It has become evident that we can no Agriculture to relinquish to the State of RESOLUTION longer give unconditional assistance to Wyoming jurisdiction over those lands with­ AMENDMENT BY GENERAL ASSEM­ foreign governments which use it to ·de­ in the Medicine Bow National Forest known as the Pole Mountain District (Rept. No. BLY OF THE UNITED NATIONS OF velop a military potential which threat­ 282)~ and STATUTE' OF THE INTERNA­ ens the basic objective of our policy. We S. 1388. A bill to add certain lands to the TIONAL COURT OF JUSTICE cannot succeed in our effort for peace in a free world if we continue to assist Cache National Forest, Utah (Rept. No. 283). Mr. LONG of Louisiana submitted a By Mr. JOHNSTON, from the Committee those whose actions undermine it. on Agriculture and Forestry, without amend­ resolution (S. Res. 166) favoring amend­ The misuse of-our aid by the United ment: ment by the General Assembly of the Arab Republic has given documentation S. 400. A · bill to establish penalties for United Nations of the Statute of the to the need for legislation in this area. misuse of feed made ava.lla.ble for relieving International Court of Justice. which In recent months tension in the Middle distress or preservation and maJ.ntenance of was referred to the Committee on For­ East has been considerably increased by foundation herds (Rept. No. 284). eign Relations. huge SOviet,.bloc arms shipments to the By Mr. HOLLAND, from the Committee (See the above resolution printed in on Agriculture and Forestry, without amend­ United Arab Republic and by the coun­ full when submitted by Mr. LoNG of try's aggressive acts against other coun­ ment: Louisiana, which appears under a sep­ S. 582. A bill to extend for 2 years the arate heading.) tries in that region. Revolution in definition of "peanuts" whtch is now in ef­ Yemen, riots in Jordan, and anti-Govern­ fect under the Agricultural Adjustment Act ment demonstrations. in Iran axe among of 1938, as a.mended (Rept. No. 285). WITHHOLDING OF FOREIGN AID AS­ the hostile acts for which the United By Mr. HOLLAND, from the Committee Arab Republic is responsible. on Agriculture and Forestry, with amend­ SISTANCE IF FUNDS ARE USED TO SUPPORT HOSTILE AGGRESSIVE. Egypt's. principal croP--long staple ments: cotton-has been mortgaged to the· So­ S ~58I. A bill to amend the Agricultm:al ACTION AGAINST ANOTHER viet-bloc countries t.o obtain expensive Adjustment Act of 1938 to extend for 2 ad­ COUNTRY-AMENDMENT TO FOR­ ditional years the present provisions per­ modern weapons. This cotton could mitting the. lease and transfer of tobacco EIGN ASSISTANCE ACT have contributed substantially toward acreage allotments (Rept. No. 286). Mr. JAVITS. Mr. President, on behalf providing the food and housing and By Mr. JORDAN of North Carolina, from of myself and the Senat.or from Oregon higher living standards which are needed the Committee on Agriculture and Forestry, [Mr. MORSE} I submit a concurrent reso­ by Egypt's millions of underprivileged without amendment: lution expressing the sense of Congress people. The military establishment of S. 623. A bill to provide for a program of that the President suspend or withhold Egypt has undergone vast changes since agricultural land development in the State 1956 of Alaska (Rept. No. 287); and foreign aid assistance from any country: and by not placing conditions on H.R. 40. An act to assist the States to if he determines that the country is us­ our massive aid program to the United provide additional facilities for research at ing the aid it receives, either directly or Arab Republic we are in effect aiding the State agricultural experiment stations indirectly, t.o support hostile aggressive and abetting Nasser's war machine. ( Rept. No. 288) • action against another country also re­ I feel it necessary that we condition By Mr. JACKSON,,. from the Committee on ceiving assistance under the act. our aid on actions which will maintain Interior and Insular Affairs, with an amend­ Mr. President, the concU1Tent resolu­ the peace and will not endanger the ment: tion is directed to the debate which we security of others. We must give the S. 1039. A bill to authorize the Secretary in of the Interior to acquire through exchange had on the :floor of the Senate. some President maximum :flexibility these the Great Palls property in the State of Vir­ days. ago relating to the situation be­ delicate areas,_but ·at the same time we ginia for administration in connection with tween tbe United Art1,b Republic and Is­ cannot allpw the aims and objectives of the George Washingt.on Memorial Parkway, rael. As I shall be testifying before the Uie Foreign Assistance Act to be negated and for other purposes (Rept. No. 289). Committee. on Foreign Relations on this by any potentia~ hostile force. 1963 CONGRESSIONAL RECORD - SENATE 11255 We cannot be mawkish about foreign nations, without undue surrender of their At the present time, of the 110 member aid, much as we realize its fine char­ sovereignty. · · states of the United Nations, less· than 40 acter. It thwarts and distorts the fine This plan was devised by Eberhard P. have any declaration of record at all of character if we allow it to be misused in Deutsch, a nationally known New Or­ adherence to the International Court of this way. leans lawyer and student of, and writer Justice, and of these, only 2 or 3 are en­ My colleague from New York [Mr. on, international law, who was for many tirely unconditional. KEATING] I understand is similarly years a member, and is presently chair­ It must be conceded, Mr. President, minded in this area. I hope that we can man, of the American Bar Association's that the majority of nations of the world join together with others in a real effort Standing Committee on Peace and Law have withheld their declarations of ad­ to include these limiting provisions in · through United Nations. Mr. Deutsch's herence from the Court altogether, and the foreign aid act. plan is described by him in the leading that almost all of the remainder have The ACTING PRESIDENT pro tem­ article of the current issue of the Ameri­ withheld their unconditional declara­ pore. The concurrent resolution and the can Bar Association Journal. I request tions, for three principal reasons. amendment will be received and appro­ unanimous consent to have this article First, most nations have hesitated to priately referred. reprinted in the RECORD at the conclu­ agree in advance to submit their impor­ The concurrent resolution (S. Con. sion of my remarks. tant international interests to the Court Res. 50) was referred to the Committee The ACTING PRESIDENT pro tem­ for adjudication-as stated by Professor on Foreign Relations, as follows: pore. Without objection, it is so ordered. Lauterpacht, later Judge Sir Hersch (See exhibit 1.) Resolved, by the Senate (the House of Rep­ Lauterpacht of the International Court resentatives concurring), That it is the sense Mr. LONG of Louisiana. I also ask of Justice-"in the apprehension that it . o! the Congress that the President shall sus­ that an article which appeared in the would be dangerous to expose such inter­ pend or withhold assistance from any coun­ Pittsburgh Post-Gazette, dated Thurs­ ests to the risks of decision by judges try, organization or body eligible to receive day, May 2, 1963, indicating that the whose impartiality is regarded as prob­ assistance under the Foreign Assistance Act Soviet Union might be disposed to go lematical." o! 1961 and under the Agricultural Trade along with this proposal, be printed at Second, there has been an understand­ Development and Assistance Act if he deter­ the conclusion of my remarks. mines that such country, organization or able reluctance on the part of the so­ body will be enabled thereby to utilize its The ACTING PRESIDENT pro tem­ called great powers, to surrender their own resources to further military aggres­ pore. Without objection, it is so ordered. sovereignties to the extent apparently sion, subversion or other hostile acts which (See exhibit 2.) necessary for unconditional submission endanger the security and independence of Mr. LONG of Louisiana. Mr. Presi­ to compulsory jurisdiction of any inter­ the United States or other countries receiv­ dent, for several years I have insisted national tribunal: ing aid under such Acts. upon retention of the Connally reserva­ Third and finally, there has been an The amendment submitted by Mr. tion to the statute of the International especially marked unwillingness of all JAVITS (for himself, Mr. MORSE, Mr. CASE, Court of Justice. During this period, I nations to entrust a mere majority of a Mr. SCOTT, Mr. SALTONSTALL, and Mr. have worked with Mr. Deutsch in- the quorum of an international court, with KUCHEL) to the bill (S. 1276) to amend formulation of his plan for reconstitu­ the power to determine whether a matter further the Foreign Assistance Act of tion of that Court, and have studied his which a state considers to lie exclu­ 1961, as amended, and for other pur­ final plan carefully. It does not con­ sively within its own domestic jurisdic­ poses, was referred to the Committee on template repeal of the Connally reserva­ tion, falls within the scope of permissible Foreign Relations, and ordered to be tion, but will meet the problem in a dif­ international adjudication. printed, as follows: ferent fashion when, as, and if the new For some years, Mr. President, as I That Section 620 of the Foreign Assist­ plan should be adopted and ratified by have stated, Mr. Deutsch has been en­ ance Act of 1961, as amended, is amended by two-thirds of the members of the United gaged in preparation of his plan, which adding at the end of Section 620 a new sub­ · Nations, including all of the permanent provides for reconstitution of the Inter­ section as follows : members of the Security Council. national Court of Justice so that it will "(1) Notwithstanding any other provi­ Suffice it to say for the moment, Mr. be composed of disinterested judges, will sion of law, no assistance shall be furnished President, that my study of Mr. have compulsory jurisdiction over all under this Act, as amended, or under the Deutsch's plan has convinced me that justiciable international controversies Agricultural Trade Development and Assist­ it should be entirely acceptable the ance Act to any country, government agency to among nations, and may confidently be or government subdivision which will be en­ United States, and that, under its pro­ trusted to deny its own right to adjudi­ abled thereby to utilize its own resources to visions, the International Court of Jus­ cate domestic issues, all without undue further military aggression, subversion or tice can become a realistically effective surrender of sovereignty on the part of other hostile acts which endanger the secu­ instrumentality for the preservation and _any State. rity and independence of the United States maintenance of world peace through the Reconstitution of the Court can be ac­ or other countries receiving aid under this rule of law. complished only by amendment of its Act. This restriction may not be waived Ever since the beginning of the 20th pursuant to any authority contained in this statute, which requires "a vote of two­ Act unless the President finds and promptly -century, in the search for world peace, thirds of the members of the General .reports to the Congress that such waiver is currents which started in the early 14th Assembly" of the United Nations, and in the national security interest and the rea­ century have been surging toward a ratification, "in accordance with their sons therefor." permanent international tribunal for constitutional processes by two-thirds of effective adjudication of disputes among the members of the United Nations, in­ nations. cluding all the permanent members of PROPOSED AMENDMENT BY GEN­ Neither the permanent Cow·t of Inter­ the Security Council." ERAL ASSEMBLY OF UNITED NA­ national Justice, established in 1922 un­ My resolution proposes that the Senate TIONS OF THE STATUTE OF THE der the Covenant of the League of request the President of the United INTERNATIONAL COURT OF JUS­ Nations, nor the International Court of States to instruct .this country's repre­ Justice, founded in 1945 under the Char­ sentative to the United Nations to offer TICE ter of the United Nations, has really in our behalf to the United Nations for Mr. LONG of Louisiana. Mr. Presi­ achieved any definitive progress toward its consideration a · complete new text dent, I am submitting today a resolution permanent peace. for the Statute of the International so far reaching in its scope that it could The frustration pf purpose of these Court of Justice. A draft of this new result in one ·of the greatest strides ever tribunals can be traced at once to the statute is annexed to the resolution, and taken toward a lasting world peace. fact that their jurisdiction has been de­ I ask unanimous consent to have-them This resolution would request the pendent on consent of the litigants, printed in the RECORD immediately fol­ President of the United States to instruct which might be withheld altogether, or lowing my remarks. our representative at the United Nations might be given subject to crippling res­ Mr. President, briefly, and in broad to introduce in the General Assembly a ervations, such as our own Connally res­ outline, this plan for reconstitution of plan to be.sponsored by the United States ervation, under which our acceptance of the International Court of Justice, pro­ of America for reconstitution of the In­ the jurisdiction of the -Court· excludes vides that: ternational Court of Justice, to give ft such matters as we ourselves consider to First. The judges of the Cow·t are to uniform compulsory jurisdiction over all lie within our own domestic sphere. be appointed for life, and that they and 11256 CONGRESSIONAL RECORD - ·SENATE June 20 their wives or husbands are to become · -Court only conditionally, and many· have "2-The Court shall consist of fifteen citizens of the United Nations with diplo­ not declared their recognition of such Juris­ membersr·no one of whom,shall, at the time diction at all, as contemplated under Arti­ of his election, be lees than fifty-three nor matic immunities in all countries. cle 36 of the Statute; more than sixty-eight years of age, and no Second. A plea to jurisdiction of the two of whom shall have been of the same Court on the ground that the controversy Recognizing that, national origin. A person who, for purposes under consideration is one within the By reason of non-acceptance of compul­ of membership on the Court, could be re­ domestic jurisdiction of the State mak­ sory jurisdiction of the Court, by many na­ garded as a national of more than one State, tions, and conditional acceptance thereof shall be deemed to be a national of that ing the plea, could be overruled only by by many others, the effectiveness of the concurrence of 10 judges--two-thirds of one· in which he ordinarily exercises civil Court has been hindered, both directly and and political rights. the entire membership of the Court. indirectly, through application of the prin­ Third. The right of a permanent mem­ ciple of reciprocity requiring the placing of "Article III ber of the Security Council to veto a de­ parties in a position of equality before the "Election of Judges cision of that body as to enforcement of Court; "1-The members of the Court shall be a decree of the Court on appeal to the Believing that elected for life, by the General Assembly and Council, would be recognized expressly. Such non-acceptance and conditional ac­ the Security Council, from a list of persons Fourth. Reserva.tions would not be al­ ceptances have been based on doubts as to nominated by the members of the United the impartiality of an international court Nations, all as provided hereunder. lowed in ratifications of the statute, "2-The members of the Court, serving as which would give the Court uniform composed of Judges with national allegiances serving for limited terms, fear of adjugica­ such upon ratification of the present revised compulsory jurisdiction under its terms tion of inherently domestic issues on the Statute, shall be deemed to have oeen elected as written, over all members of the assumption that they lose their character for life under the terms of the present re­ United Nations. as such simply because they affect inter­ vised Statute, with tenure for determina- Mr. President, I am entirely satisfied national relations, and uncertainty as to . tion of their retirement pensions, as of the that in order for any plan for a perma­ the wisdom of compulsory submission to ·date of their original election to member- nent international tribunal to be really determination, by such a Judicial tribunal, ship on the Court. . effective, there must sooner or later also of compulsory submission to determination, "3-Promptly following the occurrence of by such a judicial tribunal, of rights and any vacancy in the membership of the be an effective plan for universal dis­ liabilities of nations vis-a-vis each other and Court, or in anticipation of a forthcoming armament, which I concede can neither the United Nations, rather than by diplo­ vacancy to occur by resignation or retire­ be accomplished nor maintained realisti­ matic negotiation, with possible ultimate ment, the Secretary-General of the United cally except subject to effective interna­ resort to force; Nations shall invite each of the members of tional controls. the General Assembly to nominate, within Nevertheless, Mr. President, it is my Remembering that thirty days, for each such vacancy, not more The principal purpose o! the United Na­ than two persons of any nationality, quali­ firm conviction that the proposed re­ tions is the maintenance of international fied, and in a . position, to serve as members vised statute for reconstitution of the peace and security, and to that end to take of the Court. International Court of Justice will go far effective collective measures for the preven­ "4-:-The Secretary-General shall prepare toward attainment of the ''Purposes and tion and removal of threats to the peace, and a list, in alphabetical order, of all of the principles" of the United Nations, as ex­ for the suppression of acts of aggression or persons so nominated, and shall submit this pressed in the first article of the charter, other breaches of the peace, and to bring list to the General Assembly and to the about by peaceful means, and in conformity Security Council, which bodies shall proceed, for "prevention and removal of threats with the principles of justice and interna­ to the peace," through "adjustment or independently of one another, to elect a tional law, ·adjustment or settlement of in­ member of the Court to fill each vacancy settlement of international disputes" in ternational disputes or situations which thereon. ·. · "conformity with the principles of jus­ might lead to a breach of the peace; and "5-At each election to membership on tice and international law." Convinced that the Court, every effort shall be made to re­ Mr. President, I accordingly submit Threats to world peace may be removed, flect in the Court as a whole, a composite the proposed resolution, to which -is at­ and that permanent peace may be achieved ·of the principal civilizations and legal sys­ tached a draft resolution for introduc­ within a framework of the principles of jus­ tems of the world. tion · in the General Assembly of the tice and international law, by amending the . "6--The nominee or nominees, equal in · United Nations, with a copy of the draft statute of the International .Court of Justice number to the vacancy or vacancies to be to eliminate the possibility of the influence filled, obtaining the greatest number of votes, revised statute of the International of national interests therefrom, by minimiz­ and not less than a majority of the votes Court of Justice to effect the proposed ing the possibility of adjudication of inher­ cast in both the Security Council and the reconstitution of the tribunal; and ask ently domestic issues therein, and by provid­ General Assembly, shall be elected; provided the resolution be referred to the Foreign ing that the jurisdiction of the Court shall that only the eldest among nominees who Relations Committee for consideration. be uniform and compulsory as to interna­ are nationals of the same State, and who The ACTING PRESIDENT pro tem­ tional disputes among all members of the may have received such number of votes, pore. The resolution will be received United Nations, each to stand as to every shall be considered to have been so elected. and appropriately referred; and, with­ other in a position of equality before the "7-If, after the first meeting held for Court: such election, one or more seats remain to out objection, the resolution, the draft We, the members of the United Nations, be filled, a second and, if necessary, a third resolution, and the draft revised statute do now amend the Statute of the Interna­ meeting shall take place. will be printed in the RECORD. tional Court of Justice, adopted in 1945, to "8-If, after the third meeting, .one or The resolution lfshed and sources of the honors and preferments for withheld their declarations- of adherence maintained except by an impartial tribunal which they are so: ready t.o spend their for­ altogether or their unconditional adheFences that is composed of judges owing no na..­ tunes and to risk. their Uves:• for three principal :reasons.. tfonal allegiances and that is bound scrupu­ As' early as 1920 JWneitcil:0 Ada.tel, a dis.­ First, most. countries seem to have hesi­ lously to avoid determination of any but tinguish.ed international scholar and diplo­ tated to submit their important. inter­ genuinely international issues among na­ mat and. a member of the- E,ommittee of na.tional problems to judges whose- skong tions in positions o! absolute equality fn the Jurists. which drafted the: Statute of the national allegiances may divert their. judg­ assertion of their rights before the. Court.. Permanent Court of" International Justice, ments from. disinterest_ to expediency. As The pian discussed herein for rec.onatitu­ whose President he Wa.8' destined ta, become, stated in 1933 by Prof. Hersch Lauterpa.cht, tfon Of the International Cour.t. of Justic_e,. expresse.d the view that, the Jud~s of that-. later a judge of the International Court- of under which.. the Cow:t is. to have compul­ Court should be required on appointment to Justice, "the real difficulty lies nat in the_ sory jurisdiction.. without i:ese:r.vations, over "deify themselves," a. status, w.hich he sug­ ability of international. law to pro.tect im­ all member states o! the United Nations, gested might- be. achieved by means of their portant interests of. states, but in the appre­ will strengthen the a.uth.ority of. the Comt. internationalization. hension that it would be dangerous.. to ex­ while removing from it (as far. as it can In 192S. .Iudge: Edwin B. Parker~ of the pose. such interests. to the risks of a._ decision humanly be done) every· \!estige of possible United, States, was appointed... umpire. ot the· by judges whose impartialit.:y: is, regarded as partiality of its judges, and prohibiting_ its Milced Claims Commission to a.djudi~ate problematical." assumption of jurisdiction. over domestic or cl.aim~. between, the United. States and Ger­ Second, there has.. been an understand.ab-le quasi-international issues;, and.. will involve many. Shortly after- Judge Parker's: death. reluctance on the pa.rt of. the s.o-called. great no s.urr_ender of. sovereignty, except to the in 1929. Prof. Edwin M. Borchard, of- the - powers to surrender their sovereigntie_s to bare extent of submission to the decreta.l School of Law of Yale University, wrote of the extent, apparently necessary !or uncon.­ jurisdiction. of the Court. him in the American Journal of Interna­ ditional submission to compulsory jurisdic- PLAN REQUIRES. AMENDMENT OF STATUTE tional Law ·that he "earlymadeit clear that" tion of. an.international eo:urt. · in. his official capacity "he. regarded himself Finally. there has been an es.pecially Reconstitution of. the International Court can be accomplished o~y by amendment of as denationalized." marked unwillingness o:r all_ nations to. en_; STATISTICS SHOW BIAS\ OF NATIONAr. .JiUDGES trust to a. mei:e majority of a quorum of an. the statute of the Court, which requires "a international tribunal the power to deter- · voee of two-thirds' of the members of the Some interesting- ·statistics on inherent General Assembly~'" and rattficatfon "in ac­ mine wbcth.er matters. which. a._ state cansfd­ prefudlces- · of national judges of the ers to lie: within.. Us. domestie furisdiction cordance with thefr constitutional processes· Permanent Court of ·International Justice rarr within: the. scope o! permissible inter- · by two-thirds-- of the members o! the Uhited were gathered by ProfPss .o?' Lauterpacht and national a.djuclicatfon. · Nations. incfuding, all the permanent mem­ published in 1933 in "Functtnn or Law in the bers· of- the, Security Council. .., It is apparent - Internatl:onal Commw1fty..'" after due: "con­ PLAN' FOB KECONS'HTO'T:ED COURT IS DISCUSSED that any proposed reconstitution or- the Ih­ sideration· of the expedlencr ·amt a_ppro-:­ Fo.r some ~rs:. the. write!" -has- llad under, ternational Court, in order to be acceptable priatenes1r of this' nne o-r in vestrgatlon. ,.. He intensive study and has now brought to to all governments, must be so devised as to found "that in no case have national (ad 1963 CONGRESSIONAL RECORD-· SENATE 11261 hoc) judges voted against their state,!' a It 1s proposed accordingly that the Judges of judges are . broadened considerably under circumstance which "cannot be regarded a.a in office at the time of amendment of the the proposed statute. a mere coincidence," but was on the contrary statute as suggested be automatically re•. Any member of the Court may at any time "profoundly disturbing," particularly in tained in office for life under the terms of request that he be recused for any reason light of the fact that in several cases the the new statute. · fr!)m participating in a cause. Any member dissenting opinions of national Judges were Life tenure of the Judges under the pro­ may suggest that for any reason any other "delivered against the unanimous or practi­ posed amended statute wlll minimize the member of the Court should not sit in a cally unanimous view of the Court." necessity for revision of the present sub­ particular case and any party may suggest More recent statistical data disclose that stantive method of filling vacancies on the to the Court that for a stated reason any on 12 occasions from 1922 to 1960 a national court. Instead of election of five judges en member should not sit. judge-ordinarily a judge ad hoc-has formed bloc .every 3 years as at present, elections In the event of a dispute as to whether a a minority of one on the side of his own will take place only to fill vacancies and judge should be allowed or required to re­ country-a. "coincidence" even more "pro­ rarely for more than a single Judgeship. cuse himself from participation in hearing foundly disturbing." Election of one or possibly more, but cer­ and determination of a cause, the matter is Professor Lauterpacht had concluded in tainly fewer than five, judges may neverthe­ to be decided by the Court, but the Judge 1933 that the indispensable impartiality of less give rise to national or regional aline­ whose recusatton is under consideration is the judges of any permanent international ments and difficulties in securing majorities, not to participate in this decision. tribunal "presupposes on their part the con­ especially perhaps, in light of the recent The provision of the present statute for a sciousness of being citizens of the world." radically increased membership of the United quorum of 9 Judges to constitute the Court To this end, it is proposed in the new Nations. Under these circumstances it is ts retained subject to its provision-to which revised statute that ea.ch judge ·of the Inter­ advisable to modify the present election ma­ further reference will be made hereunder­ national Court of Justice be required to chinery to establish a simplified procedure, that a full Court of 16 Judges must sit for renounce his nationality upon his accession somewhat along the lines of such a change hearing and determination of any question and be deemed to have become a citizen of as has been suggested for election by plurali­ as to the Jurisdiction of the Court over any the United Nations for life, with diploma.tic ties to avoid any possible impasse in achiev- proceeding before it. status in very country of the world. It is ing bloc majorities. ' CHANGE IN PROVISIONS ON AD HOC .JUDGES proposed also that the spouse of ea.ch judge Vacancies would then simply be filled by The present statute of the International be presumed to have renounced her (or his) election as heretofore by the Security Coun­ Court of Justice provides, as did the statute nationality upon the judge's accession and cil and General Assembly, without right of of the Permanent Court, that if the panel of be deemed also to have become a citizen veto, from nominations which each nation the Court does not include a national of a of the United Nations, with correlative would be privileged to make directly. But party to a case before it, the party ( or both worldwide immunities, for the life of the election would be by plurality among nomi­ parties, if there is no national of either judge. The spouse would be considered to n~es receiving a majority of votes ca.st in on the bench) may designate a Judge (or have retained United Nations citizenship for both bodies, without the necessity of "ab­ Judges) ad hoc to sit with the Court and to 2 years after the death of the Judge, being solute majorities" of entire memberships. "take part in the decision on terms of com­ eligible for and obligated to take citizenship If Judges are to have life tenure it is ad­ plete equa.Uty with their colleagues." in any country of her choice on loss of visable to fix age limits for nominees for There is no present provision for appoint­ United Nations citizenship. judgeships. Absolutism or relative statisti­ ment of Judges ad hoc to meet other contin­ The United Nations, however, is not itself cal certainty of result in setting age limits gencies, such as the absence of a quorum, a state. It accordingly has no domestic laws for Judges are impossible of attainment; but it being provided in the rules of the Court for the government of matters of personal it is suggested as a fair basis for assuring that Judges ad hoc "shall not be taken into status, rights, and liabi11ties of members of adequate maturity with full physical and account for the calculation of a quorum" the court and their wives-such as marital mental vigor that Judges be between the ages and that, in the absence of a quorum, a ses­ community, devolution and inheritance and of 53 and 68 when elected. sion is simply to be adjourned "until a capacity to contract and innumerable similar Article 18 of the original statute of the quorum has been obtained." relationships, rights and liab111ties. Court provides that "no member of the Court While the present statute contains no To fill this gap, it is proposed that ea.ch may be dismissed unless, in the unanimous requirement that a Judge ad hoc be of the judge and his spouse are to be deemed to opinion of the other members, he has ceased nationality of the appointing party, judges have their national domicile at the seat of to fulfill the required conditions." It has not ad hoc have been nationals or the states by the court and each retired judge and his been necessary to test whether this provi­ which they were appointed, except on rare spouse, as long as they may be deemed to be sion is sufficient, since the present limited occasions. This has been the inevitable citizens of the United Nations as provided in 9-yea.r term gives some assurance of ulti­ consequence of the premise that the very the statute, are to be considered to have their mate control by the Genera.I Assembly and purpose of the provisions for designation national domicile at the judge's permanent the Security Council. of Judges ad hoc ts to place representatives residence. This is to apply in each case in­ But in view of the proposed life tenure of the parties themselves on the bench for sofar as but no further than their personal under the new statute, it is preferable to determination of a particular case. status, rights and liabilities may not be provide that a Judge may be dismissed, on On the other hand, the whole idea of na­ defined by their United Nations citizenship. impeachment by a majority of the General tional judges is completely foreign to the LD'E APPOINTMENT FOR JUDGES PROPOSED Assembly, by a vote of two-thirds of the basic concept of the proposed new statute, As a concomitant of the suggested inter­ members of the Security Council, without under which there will be no national judges nationalization of Judges, it is proposed that right of veto. Dismissal of a Judge wlll carry at all; so no need is recognized for national their election be for life (with certain retire­ with it loss of United Nations citizenship for judges ad hoc. Only when a.ddtttona.l judges ment privileges and requirements), instead himself and his spouse, With automatic re­ a.re required to complete a quorum or to of for 9 years in overlapping groups of five as version to their citizenship at the time of his break a tie wtll there be any need for judges under the present statute. As further as­ election, and loss of emoluments of office and ad hoc. Then they are not to be designed surance of the independence of the judges, pension rights. by the parties and may not be nattonals the proposed statute retains the provisions of The new statute provides, as does the pres­ of the countries litigant. · the original statute that the salaries and ent, that a Judge may resign at any time, It is therefore simply provided in the except that it is now proposed that a judge proposed statute that whenever there is an allowances of judges may not be decreased insufficient number of judges to constitute during their tenure and remain free of any may not resign whlle he is under impeach­ ment. On resignation the judge forfeits the .bench, or the judges a.re equally divided and all taxation: in their votes as to decision of a case, the Under the proposed statute the Court United Nations citizenship of himself and his spouse. They wlll be eligible for and must Court itself is to designate a judge or judges would remain at 16 members, there being no within 6 months take citizenship in a State ad hoc from retired judges Willing and able apparent reason for any change in their of their choice. to serve or from persons, not of the nation­ number. It is proposed that Judges shall have the ality of any party to the ca.use, theretofore Much has been said and written about the right to retire at any time after reaching 70 nominated for judgeships .on, but not elected possibility of retrograding the caliber of the and that they shall be retired automatically to the Court. Court through the provisions for election of ' at 76. On retirement the judge is to receive Like the present statute, the new statute its members in groups for fixed terms, as for life his full salary if he has served 10 requires that all questions before the Court under the present statute, but it has never years or more, or a ratable portion if he has or any chamber thereof ( except as to been suggested that any of the present mem­ served less than 10 years at the time of his whether the Court may exercise jurisdiction bers of the Court leave anything to be desired retirement. over a proceeding against a contention that in individual scholarly attainments in inter­ its subject matter is essentially within the national law and in absolute personal and REQUIRED RECUSATION PROVISIONS ARE domestic jurisdiction of a state party to judicial integrity. With the possible excep­ BROADENED the ca.use) are to be decided by a majority tion of a suggestion of a moderate Latin As an added safeguard to the guarantee of the judges who participated in the hear­ American predominance over other world · of fair hearings-in view of the new para­ ing. In the event of a tie vote, the Court areas, there has been no strong criticism of mount requirement for compulsory, unre­ is to designate an additional judge or Judges regional distribution of membership on the served submission. to the jurisdiction of the to sit With the Court or chamber for re­ court. Court--the provisions for required recusation hearing and determination of the question 11262 CONGRESSIONAL RECORD - SENATE June 20 or cause, instead of allowin~ a second, or in effect, been at thef.r oy;n optfon-subiect mft their controversies-to judicial settlement casting, vote to the president of the Court first to the filing by each. state of a declara­ stems in part from the fragmentary and as at present. tion of its acceptance · of: the Court'B Juris­ unc-ertain character of much: of interna­ The new statute., Hl:e the old, provides for diction, and second fa -an-y conditions which tional law a-a it now exists. • • • However, the rendition of wrftten opinions-both ma­ · a State might see ftt to attac11.-fo:1ts declara- the begnnings of- a 'common law"' of the jority and dissenting, air well aff separate ti6n · · · United Nations·, based on the Charter, are concurring opinions-the names of the Thus. for instance. a number of states now apparent; its steady growth will con­ judges subscribing to each being stated. have from time to time conditioned their tribute to stability and orderliness-." CHANGES ARE PROPOSED AS TO CHAMBERS acceptance of the jurisdtction of the Court With an international tribunal whose by excepting matters they niay themselves members are almost- certain to display ob­ Some changes are, proposed with reference deem to fall within their own domestic. jective points of view toward international to the. constitution. and functioning of jurisdictions. The Connally reservation to dit;putes laid before them, it-would seem safe chambers of the COurt to hear and deter­ the declaration of adherence o:r the United to blueprint the guides for determination mine particular_ causes.. The_ provision for States falls within this category and is of questions giving rise to the disputes. a standing chalnber- f'or summary- disposition typfcal of: conditions, attached by other na­ These guides are set out in the original of cases.referred to it ls retained. While the tions to their acceptances of the Court's statute and are carried for-ward- with some Court has. never had occasion to form a jurisdiction. modification into the proposed statute. chamber to, hear a- particular case or cate­ In addition, by application of the prin­ For i:nsta-ncesh the Statute of the Perma­ gories 0f cases, its. right to do so is retained ciple of' reciprocity, each State subject to nent Court of International Justice did not in the proposed new statute, except that the jurisdiction of the Court rs per_mitted direct that tl'ibunal to- be guided by general Court.'s jurisdiction any question as to the to limit that juxisdiction as to any other principles of international law in reaching must be heard and determined by the full State vis-a-vis which it is called to appear its- decisions. The Court had to assume- tha,t Court. before the Couxt by any conditfon which this directive was td govern its deliberations The proposed. statute provides, however, the other State may have attached to its in applying certain specific legal criteria to that a case is to be heard before- a chamber own acceptance of the Court's jurisdiction. the adjudication of questions before it, as of the Court only at, the request or by the Unquestionably, much of the virility con­ the statute did expressly require it- to do. consent of the parties, or by direction of tempiatectfor the court has been lost through When the- present statute- of the- Interna­ the Court, provided that any party which these emasculating reservations. It fs not tiona! Court ot Justice was drafted, its shall have objected to hearing before a suggested' that the reservations were unjusti­ framers supp-lied this legislative omission by chamber is to have a right of appear to the fied, although it has frequently been argued providfng, at least parenthetically, that the­ full Court from the judgment of the cham­ that they were. But whether warranted or Court, "whose function iff to decide in ac­ ber. In. the event of an appeal, the members not, there can be, no question that they have cordance with international law, such dis­ which of the chamber determined the cause rendered the Court impotent in many situa­ putes as. are submitted to ft", ts to- apply to are to be eligible to sit as members at: the tions in which ft should have been in a posi­ the adjudication of such disputes substan­ full Court on. the appeal, which will be pre­ tion to function effectively. tia.I-ly the same legal criteria enumerated sented on the record as made up before the Much less can be said fn support ot op­ in the former statute. chamber, except as otherwiae ordered by the tional or conditional jurisdiction of the In­ GUIDELINES FOR ADJUDICATION ARE SPELLED- OUT Court. ternational Court of Justice, however, when No change ls proposed in the parties to constftutiona,1 assurance 1s given to all na­ The proposed statute provides affirma.tively have access to the Court-, except that in tions that the Court is to be so constituted as that the "Court shall adjudicate- disputes be­ addition to states (both members and non­ to guarantee an objective attitude toward fore, it: in accordance with generally accepted, members of the United Nations)- the Juris­ the- cause of every nation, although the Court applicable- principles Of international law, diction at the Court. over public interna­ is to be the sole arbiter of its own Jurisdic­ giving dne- consideration, in. ltsi dellbera"tions, 1a tional bodies spelled out expressly. The tion in the determination as to whether a to" th& atated. criteria, which are somewhat_ Court will continue- to be without iurisdic­ matter placed before it is one of domestic or modified under the provisions of the new tion ove:c p:civate. parties-as complainants, of international concern. statute. responden.t.sr or othe:cwise. On the- assumption, theref'ore, that pro­ For example._ among th.e criteri:a to be ap­ JURlSDICTION OP SUBJECT MA!l!TD- IS ponentS' of optional or- cond'itional furisdlc:­ plied by the -court under its present atatnte UNCHANGED tion of tlle Court would concede the absence ar_e "the general prlnciples of law recognized Jmisdiction of the Court', ratione ma­ ot any need for its safeguards' in light of as­ by civilized natiorur." On the assumptions tertae·, remains uncha:nged under the pro­ surances of the tribunal •s impartiality, the that the term "principles of law" should now posed new statute, except for clarification proposed statute provides that any "dispute be broadened and tha.t a.11 nations a.J"e more of and emphasiS' on the absence-of any Juris­ as ta the- jurisdiction of the Court shall be or less civilized today, the- comparable pro­ vision o!: the, proposed statute. speaks in­ diction over essenti~lly domestic issues as determined by the Court". such. But.. it goes further. It provides that the stead of "general pdnciples of law. equity The jurisdiction of the Court as to subject Court Is not to exercise jurisdiction over a and justtce recognized among nat-ions." matter will extend to (a) the interpretation cause. in ih& event that a state whfch ls party­ These guidelines, which the Court· would of treaties; (b> questions of' international to a cause objects that the proceeding ls one be directed to apply in reaching its conclu­ law; (c) the determination of any fact essentially within fts own domestic jurisd~­ sions under the propos_ecL statute-, are (a) which, if' establisb:ect, would constitute a tion, unless. at least 10 judges- (two-thfrdS> of pro_vlsions. o! international. conventions es­ breach of an international obliIDl,tion; (d) th& Court's entire membership} concur in ta.biishlng rules of international conduct.ex­ the nature and extent of any reparation to holding that the matter under conslde:ra­ pressly recognized among nations;.. (h) inter­ be made for the 'f>reach of an international tion is within the Ceurl's jurisdiction. The­ national custom, as evidence of generally obligation; and (e) any matter which, proposed statute alsa contains the mandatory accepted practice;-. (3) judicial precedents under any international agreement, is to be directive that "any doubt as to- whether a recognizing principles at_ international law; referred in event: of dispute to the Court matter is essentially within the domestic (d) general principles ot Ia.:w, equity andjus... or to any predecessor international tribunal. jurlsdlction of a state, shall be resolved. by tice recognized. among nations; and_ ( e) legal The 1'urlsdiction of the Cow:t will also the Court in fav:or of such domestic jUl'isdic­ writings of recognized authorities in interna­ continue to extend to (aJ any justiciable, tion" _ tional law. matter referred b;r the parties to the Court, The proposed statute omit.s the provision JUDGES' LEGAL BACKGROUNDS' MAY- BE DIFFERENT of the old that the Court is to have power for determination; (b) all matters speclaUy M-uch has been said about. the asser-ted im­ provided for adjudfcation by the Court un­ "to decide a case ex aequo et bono, if the possibility of the dispensation_ ot_ truly im­ parties agree thereto.'" This power..- essen­ der the Chart.er of the United Nations; and partial 1ustice- among nations compelled to­ ( c') matter& i:ererred ta the_ Court for ad­ tially one. of fudicial legislation, ls not con­ appear before an international tribunal if it sidered to constitute a proper judfciar !'unc­ visory opinions by the General.Assembly;. the is to be c_ompo.sed of judges, whatever their Security Council or other organs or agencies tion in any case. bona fides ,_ trained under difl'.erent judicial As the Court is authorized to do and has of the United Nations that may be au­ systems and adhering_ to different-even com.­ thorized by the General Assembly to request done under its- present statute, it will be opinions. pletely incompatible-jurisprudential philos­ empowered to make rules of procedure to im­ ophies. plement the new statute. MATTERS WITHIN DOMESTIC JUR-ISDICTION ARE Again, with all that ha& been said and re­ EXCLUDED mains_to be said on both sides. of_this ques­ COUJt'r WILL P06S1lSS ONLT DECRETAL. kUTKORITY The proposed' statute pro:vides explicitly tion, it must be remembered that the- 'WOrld That the propeeed statute of the Interna­ that "the Court shall have no juriscllctfon ls growing ever smaller. Civilized concepts tional Court o~ Justice involves, in the last over, and no htng contained in the present, of the Inalienable rights of :freemen and of analysis, n0- undue surrender by any nation statute shall be construed as requiring the free nations are finding thefr way into what of its national sovereignty must be evident members of the Unlte