Part 50 (2/2)

March 27, 1919

_Ad fro are proposed aue of Nations which have been drafted by Mr Root:

_First A: The high contracting powers agree to refer to the existing Perue, or to the Court of Arbitral Justice proposed at the Second Hague Conference when established, or to some other arbitral tribunal, all disputes between the honour and vital interests) which are of a justiciable character, and which the powers concerned have failed to settle by diploree to accept and give effect to the award of the Tribunal

Disputes of a justiciable character are defined as disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the nature and extent of the reparation to be made for any such breach

Any question which may arise as to whether a dispute is of a justiciable character is to be referred for decision to the Court of Arbitral Justice when constituted, or, until it is constituted, to the existing Perue

_Second Araphs:

The Executive Council shall call a general conference of the powers to meet not less than two years orof this convention for the purpose of reviewing the condition of international law, and of agreeing upon and stating in authoritative forular conferences for that purpose shall be called and held at stated tinature of the A reservation:

Inasue the United States of America is moved by no interest or wish to intrude upon or interfere with the political policy or internal ad or anticipated dangers in the affairs of the American continents, but accedes to the wish of the European states that it shall join its power to theirs for the preservation of general peace, the representatives of the United States of A that nothing therein contained shall be construed to imply a relinquishment by the United States of America of its traditional attitude towards purely American questions, or to require the sub therein the adrants) to the decision or recommendation of other powers

_Fourth A:

After the expiration of five years fro of this convention any partyone year's notice in writing to the Secretary General of the League

_Fifth A:

Such commission shall have full power of inspection and verification personally and by authorized agents as to all armament, equipment, munitions, and industries referred to in Article VIII

_Sixth A:

The Executive Council shall call a general conference of ue to ning of this convention for the revision thereof, and at that time, or at any time thereafter upon one year's notice, any

The first suggestion made by Mr Root is not only substantially expressed in Article XIII of the Treaty, but almost literally, in its very text, appears in this section of the Covenant

Mr Root's proposition that ”the high contracting powers agree to refer to the existing perue or to the court of arbitral Justice proposed at the Second Hague, when established, or to some other arbitral tribunal, all disputes between them,” etc This is actually done by Article 13, the reference being not to the Hague or to the proposal of the Second Hague Convention, but to a court of arbitration ”agreed on by the parties to the dispute or stipulated in any convention existing between them”

As will readily be seen, Mr Root's definition of ”disputes of justiciable character” is embodied literally in Article XIII of the Covenant, Mr

Root's exact language having been appropriated at the Peace Commission

Mr Root's second proposed aeneral conference of the powers to meet in not less than two years, orof this convention for the purpose of reviewing the condition of international law and of agreeing upon and stating in authoritative form the principles and rules thereof”