Suchergebnisse

In a noteworthy decision, rendered after the outbreak of the present war, relief pendente lite was granted by the Permanent Court of International Justice (as distinguished from its President) for the first time since the Court was established. A review of recent developments affecting that aspect of the administration of international justice according to law will therefore be timely.

No international institution of general scope can continue its normal functioning in a period of a great world upheaval, and any international institution for the preservation of law and order must find its activities circumscribed at such a time. The Permanent Court of International Justice was no exception to the rule.

The close of its twenty-third year finds the Permanent Court of International Justice still in existence, and still in a position to resume its activity if and when the world situation may permit. Its premises in the Peace Palace at The Hague are intact; its President and Registrar carry on their duties from Geneva; and the twelve judges who continue in office are available for the discharge of their functions. The budget of the Court for 1944 was duly alimented and a budget has been adopted for 1945.

In a cable dated July 9, 1951, from Foreign Minister Bagher Kazemi to the Secretary-General of the United Nations, Iran withdrew its acceptance of compulsory jurisdiction by the International Court of Justice. Referring specifically to the Court's order on interim measures (issued on July 5), the cable stated that the Court "had shaken the confidence" which the Iranian government and people had always had in international justice. The Iranian note made four specific points: first, the Iranian declaration (ratified on September 19, 1932) accepting the compulsory jurisdiction of the Permanent Court, and extended to the International Court of Justice under the latter's Statute, extended such jurisdiction only to disputes relating to the application of treaties and conventions. The Declaration excluded questions within the exclusive jurisdiction of Iran. Agreements or contracts under private and domestic law (such as concessions to work certain sources of natural wealth, commercial matters, and matters relating to Iran's sovereign rights) "were and still are excluded" from compulsory jurisdiction of the Court. Second, the note pointed out that the concession granted the "former Anglo-Iranian Oil Company" in 1933 did not mention the United Kingdom in any capacity and reserved no rights or powers to that government.