The Green Bag
that the United States and seven other Dean Rogers also thinks that there leading powers should always be re would be a considerable advantage in presented by one judge each, the other merging the Court of Arbitral Justice judges being selected by vote. The and the International Prize Court in a principle of the equality of nations single tribunal, thereby increasing the would interfere with the adoption of dignity of the Court.7 the constitution of the Prize Court for With regard to the question whether the Arbitral Court, as urged by Mr. the Court of Arbitral Justice should Knox and other American publicists. have mandatory or voluntary jurisdic Developing his view that "arbitra tion, we cannot accept the conclusion tion" suggests compromise, Mr. Tryon that it would be better to make its offers the suggestion that the word is jurisdiction obligatory, for the reason suited to the character of the Hague that it cannot become in fact obligatory, Permanent Court, but that it would be whatever it may be in theory, until the better to substitute for the other court nations, by binding their future action the name "Court of International Jus by treaties of general arbitration, make tice" in place of "Court of Arbitral it so. The idea of compulsory arbitra Justice." This would in our judgment tion of all serious international contro create a false distinction between the versies can only gradually establish character of the two tribunals which is itself, and a court of voluntary juris avoided by the present phraseology. diction would be regarded by the powers Mr. Tryon further suggests that the with far greater favor than one to which number of judges in the Court of Arbitral they were theoretically obliged to sub Justice be reduced. Fifteen, he says, mit all differences. As such reserva might prove unwieldy as well as expen tions as those made by the United States sive. Nine he thinks would be a num Senate in amending the general arbit ber more suitable. But diminishing ration treaties gradually disappear, and the number of judges will no doubt genuine general arbitration becomes a make an agreement as to the constitu reality, the court of optional jurisdiction of the court more difficult. If tion will spontaneously transform it this difficulty can be overcome it is self into one of compulsory jurisdiction. hard to see any need of so large a court. The nations will doubtless be much An excellent suggestion is that the readier to ratify the proposed court Court of Arbitral Justice and the Inter on this basis. national Prize Court, both of which were A good reason why the Court should approved in 1907 but whose judges have not be given mandatory jurisdiction is not been appointed, be united in a single also to be found in the present situation court of two chambers, one with a special with respect to the codification of inter jurisdiction in prize cases, the other national law. It is easy enough for with general jurisdiction. Mr. Knox Great Britain and the United States, endeavored to bring about the com accustomed as they are to the adminis bination, which "would seem to be not tration of justice according to common only feasible, but in the line of economy law precedent without a code, to look and prompt administration." This is with favor on a court which has no accordingly submitted as a topic for definite body of written law to apply. consideration at the third Hague Con But other nations, though they may be ference. 722 Yale Law Journal 291.