The PCIJ and the LON

The Permanent Court of International Justice and the League of Nations

1919-1945

Summary

The League of Nations

I.

1.

Historical context and creation

Functionning and evolution

2.

The Permanent Court of International Justice

II.

Historical context, fuctionning and evolution

1.

Limits, failure and improvements of the Court

2.

The League of Nations

From its creation to its dismantling

What is the League of Nations ?

International organisation

Aimed to promote a lasting peace By encouraging cooperation between states

Created in 1920, formally disbanded in 1946

The LoN

Historical context

The First World War, the catalyst

The hidden alliances, major cause of the conflict

The 19th, antechamber to the ideals of an international peace

The end of the WWI will be a catalyst for the peace impluses

First international organisations Such as the Universal Postal Union

Institutionalisation with the Treaty of Versailles

Developpement of modern form of arbitration with the Alabama Case between the U.S and the U.K

The two Hague Peace Conference in 1899 and 1907 : creation of the Permanent court of Arbitration in 1899

The LoN

Woodrow Wilson's influence

The LoN has its roots in his famous Fourteen Points speech delivered on January 8th of 1918

The Fourteen Points can be divided in two parts :

• The top eight points : resolution of territorial problems and securing borders
• The last five points : solutions to achieve lasting peace

The last point, the most important, suggests forming an alliance to guarantee political independence and territorial integrity to all states.

The LoN

The Treaty of Versailles :the consecration

A year later, in January 1919 started the Paris Peace Conference

During this time, a convenant for the League of Nations, draw up in April 1919, thanks to an ad hoc commission chaired by Wilson

An ironical absence, the U.S failed to ratify the Covenant.

The LoN

The functioning of the League of Nations

Principles and mechanisms

The peaceful resolution of conflicts. Negotiation, mediation, or arbitration before considering war. Collective security : any aggression is seen as a threat to the whole organization. Economic or political sanctions.

Main organs

The Assembly, talking about important issues and making resolutions. Each member state has one vote. The Council, body made up of permanent and elected members. Solving conflicts, prevent war. Emergency sessions.

The LoN

Why did it fail ?

Lack of coercive power : inneficient decisions

Withdrawal of certain states : less authority

Inability to prevent some conflits : criticism

The Permanent Court of International Justice

The PCIJ.

Historical background and evolution of PCIJ

• World War I and the search of peace
• Treaty of Versailles
• Statute of the PCIJ 1920
• Objectives and tasks

The PCIJ.

Operation of the PCIJ

• Composition
• Role of the President and the Clerk
• Jurisdictional competences
• Legal proceedings

The PCIJ

A real Court ? The fully optional nature of the first international jurisdiction

A prior recognition of the competence of the Court

States have to recognize the decision and apply it

No mecanism to enforce the sentence : is the Court only a referee ?

The PCIJ

A partial composition ?

The complexe situation of powerfull nations

- The most powerfull nations use their diplomacy to evade the court competence - Important link to the weakness of the League of Nations

The absence of tierces entities

- NGOs are not part of the Court - No possibility of a self-referral - Judges are nominated by member states

The PCIJ

The failure of the Court ?

Nature of the 56 decisions 1922-1940

29 Sentences

27 Advisory

• Incapacity to contain regional and international tensions
• The Court couldn’t stop the outbreak of World War II
• Treates were signed in parrallel and never recognize a Court competence to arbitrate cases

• Powerfull nations
• Not even one real condamnation against a powerfull nation, strongs decisions always deals with "weak countries"

• But, the majority of decisions were applied when they are rendered

Some improvements ?

The PCIJ

• Mandatory for members of UNO: finally sanctions for "bigs nations" ?

• Helping of the Security Counsel to enforce decisions

• International representation in the nomination of judges

ICJ

• Optionnal recognition of the Court, especially for League of Nation members

• No mechanisms to enforce sentences

• Only europeans judges were nominated to refered conflicts

PCIJ

Bibliography

Bibliographic references

• https://www.ungeneva.org/fr/about/league-of-nations/overview
• https://www.history.com/topics/world-war-i/league-of-nations
• https://www.britannica.com/topic/League-of-Nations
• https://www.historyonthenet.com/why-did-the-league-of-nations-fail
• https://www.icj-cij.org/pcij
• https://research.un.org/en/docs/icj/pcij
• https://www.refworld.org/docid/40421d5e4.html
• The Law and Procedure of the International Court of Justice - Sir Hersch Lauterpacht
• The Permanent Court of International Justice, 1920-1946 - Manley O. Hudson
• Droit International Public - George Scelle
• International Justice in the United Nations - Shabtai Rosenne

Questions

PCIJ and the LON

1- Did the creation of the LoN could be possible without the first World War ?

2 - How did the absence of the United States impact the League of Nations' ability to achieve its goals?

3 - What do you think about the failure of the LoN ? 4- Do you think NU is more efficient to maintain peace ?

5- What do you think the Court’s objective is ?

6- What are the jurisdictional powers of the Court ?

7- Do you think that the problems the PCIJ faced with powerful nations are solved today? 8- Do you think the PCIJ is a referee or a judge ?