The
Permanent Court of International Justice, commonly known
as the World Court, was first proposed during discussions
involving the Treaty of Versailles as an effective replacement
for the ineffective Hague Tribunal. Article 14 of the Covenant
of the League of Nations
instructed the leadership of the league to design a Permanent
Court of International Justice "competent to hear and determine
any dispute of an international character which the parties
thereto submit to it" and capable of giving "an advisory
opinion upon any dispute or question referred to it by the
Council or by the Assembly."
The World Court opened its doors in 1921 after the Covenant
of the League of Nations was ratified by forty-two nations
(sixty-three governments would join the league before its
demise in 1946). President Woodrow
Wilson, despite his passionate efforts, failed to convince
the Senate to ratify the treaty; therefore, the United States
would not be a member of the league or the court. Ironically,
Germany joined the league in 1926 and the Soviet Union became
a member in 1934 (only to be expelled in 1939).
Unlike the Hague Tribunal, which exerted diplomatic rather
than legal influence and which relied on a floating pool
of judges, the World Court assumed a judicial role and had
a permanent panel of fifteen judges appointed to nine-year
terms on hand to hear cases. Cases argued before the court
focused on disputes between nations that agreed to argue
before the court and accept its decisions. To insure that
its judges were not biased, the court paid judges a salary,
forbade them from working on any other government or legal
project, and made sure that no more than one judge per country
sat on a judicial panel. Ironically, even though the U.S.
did not ratify the covenant and thus did not recognize the
court, an American judge was a constant member of the court's
panel of judges.
The 1940 German invasion of the Netherlands so dramatically
limited the court's actions that it lay dormant until 1946,
when it was reorganized as the International Court of Justice
of the United Nations. During the twenty
years in which it was most active, the court issued thirty
two judgments and twenty-seven advisory opinions, all of
which helped develop a body of international law.
ER was a fervent supporter of the World Court. As co-chair
of the Bok Peace Prize Committee,
she worked tirelessly to generate support for the court
and encouraged FDR to speak out on its behalf. FDR
supported the court throughout the 1920s
and as a presidential candidate; however, he did not allow
Democratic senators to push for the court until late 1934.
Isolationist senators rallied opposition to U.S. membership
in the court. ER responded by giving numerous speeches,
writing several articles, and declaring her heartfelt support
for the court in her press conferences and other public
appearances. FDR did not push the Senate as hard as ER pushed
the country and the Senate rejected membership in the court
by a seven-vote margin.
Sources:
"The Covenant of the League of Nations." The Avalon
Project, Yale University Law School. Internet on-line.
Available From http://www.yale.edu/lawweb/avalon/leagcov.htm.
Cook, Blanche Wiesen. Eleanor Roosevelt: Volume Two,
1933-1938.
New York: Viking Press, 1999, 235-242.
Graham, Otis L., Jr. and Meghan Robinson Wander. FDR:
His Life and Times. New York: Da Capo
Press, 1988, 206-208.
Morris, Robert B., Henry Steele Commager
and Jeffrey B.
Morris, eds. Encyclopedia of American History. 6th ed.
New York: Harper & Row, 1982.