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to have the fact of their dissent or reservations mentioned in it. But the reasons for their dissent or reservations shall not be expressed in the judgment.

ARTICLE 57

The judgment shall be signed by the President and by the Registrar. It shall be read in open Court, due notice having been given to the agent.

ARTICLE 58

The judgment is final and without appeal. In the event of uncertainty as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.

ARTICLE 59

An application for revision of a judgment can be made only when it is based upon the discovery of some new fact, of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

The proceedings for revision will be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

No application for revision may be made after the lapse of five years from the date of the sentence.

ARTICLE 60

Should a State consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene as a third party.

It will be for the Court to decide upon this request.

ARTICLE 61

Whenever the construction of a convention in which States, other than those concerned in the case, are parties, is in question, the Registrar shall notify all such States forthwith.

Every State so notified has the right to intervene in the proceedings;

but if it uses this right, the construction given by the judgment will be as binding upon it as upon the original parties to the dispute.

ARTICLE 62

Unless otherwise decided by the Court, each party shall bear its own

costs.

APPENDIX No. VIII1

SUNDERLAND HOUSE, CURZON STREET,

LONDON, W. I.
27th August, 1920.

The Council of the League of Nations has the honor to communicate to the Government the scheme presented by the International Committee of eminent jurists who were invited to submit plans for the establishment of a Permanent Court of International Justice, and who have recently concluded their deliberations at The Hague.

The Council do not propose to express any opinion on the merits of the scheme until they have had a full opportunity of considering it but they permit themselves to accompany the documents with the following observations.

The scheme has been arrived at after prolonged discussion by a most competent tribunal. Its members represented widely different national points of view; they all signed the Report. Its fate has therefore been very different from that of the plans for a Court of Arbitral Justice, which were discussed without result in 1907. Doubtless the agreement was not arrived at without difficulty. Variety of opinions, even among the most competent experts, is inevitable on a subject so perplexing and complicated. Some mutual concessions are therefore necessary if the failure of thirteen years ago is not to be repeated. The Council would regard an irreconcilable difference of opinion on the merits of the scheme as an international misfortune of the gravest kind. It would mean that the League was publicly compelled to admit its incapacity to carry out one of the most important of the tasks which it was invited to perform. The failure would be great and probably irreparable; for, if agreement proves impossible under circumstances apparently so favorable, it is hard to see how and when the task of securing it will be successfully resumed.

It is in the spirit indicated by these observations that the Council on their part propose to examine the project submitted to them by the Committee of Jurists; and they trust that in the same spirit the Members of the League will deal with this all-important subject when the Council brings the recommendations before the Assembly.

1 Reprinted by courtesy of World Peace Foundation, Special Number, Sept., 1920. The letter of explanation accompanied the draft project which was sent to the Governments of all members of the League.

INDEX

Alliance, definition of, and relation of

League of Nations to, 52

American Institute of International Law,
recommendations of Havana, 16
Angary, law of, 8

Assembly, composition, 75 (Art. 3);
jurisdiction, 75 (Art. 3); and inter-
national law, 17-18; reconsideration of
treaties by, 27; admission of new
members, 74 (Art. 1); relation to amend-
ments, 97 (Art. 26); reports by, 86
(Art. 15); relation to choice of judges
for the Permanent Court of Inter-
national Justice, 111-112 (Arts. 4, 8,
10-12); power in fixing the salaries of
judges in the Permanent Court of
International Justice, 115 (Art. 29);
in determination of apportionment of
expenses of the Permanent Court of
International Justice, 116 (Art. 30)
Austin, John, views on international
law, 5

Baldwin, Mr. Justice, opinion in Rhode
Island v. Massachusetts 35-36.
British League of Free Nations Association,
recommends codification of international
law by League Council, 17

Bluntschli, J. K., letter to Francis Lieber

on codification of international law, 15
Bourgeois, Léon, views on sanctions, 48
Bryan, W. J., conciliation treaties negoti-
ated by, 10-11

Bryce, Lord James, letter to Theodore

Marburg on justiciable questions, 37;
views on sovereignty, 50

Butler, N. M., on the Hague Peace Confer-
ences, 13

Carnegie, Andrew, views on sanctions, 46
Cecil, Lord Robert, views on sanctions, 46
Cherokee Nation v. Georgia, case of, 35

China, collective intervention in, 39
Conclusions, 58-59

Confederations, definition of, and relation
to the League of Nations, 51-52
Congresses, Paris, 1856, 12; Geneva, 1864,
12; at The Hague, 12-13
Constitution of the United States, judicial
expansion of, 11

Council, composition, 75-76 (Art. 4);
disarmament duties, 79-81; jurisdiction,
76 (Art. 4); reports and inquiry by,
29, 81, 84-86 (Arts. 11, 12, 15, 16, 17);
relation to amendments, 97 (Art. 26);
relation to choice of judges for the
Permanent Court of International
Justice, 111-112 (Arts. 4, 8, 10-12);
power in fixing salaries of judges for the
Permanent Court of International
Justice and in apportionment of the
expense of the court, 115 (Art. 29),
116 (Art. 30)

Court, Permanent Court of International
Justice (Art. 14); Draft Scheme for,
Appendix No. VII; should give conti-
nuity to international law, 12
Custom, development of international law
by, 9-10

Deserters at Casablanca, case of, 34
Doe v. Braden, case of, 35
Duguit, L., views on sovereignty, 49

Equality, principle of equality in the
League of Nations, 52–55; equality in
the apportionment of expense, 54; in
representation and voting power, 54–55

Fenwick, C. G., on the Hague Conventions
and the codification of international
law, 12-13

Field, David Dudley, Draft Outlines of an
International Code, 14

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