500.C114/1939
The British Embassy to the Department of State
Some twelve months ago the Foreign Office informed the United States Embassy in London that they felt that the time had come to give some thought to the question of the future of the Permanent Court of International Justice at The Hague. The Foreign Office explained that they were therefore thinking of suggesting that an inter-allied committee be appointed to examine the question. Before going further with the matter, the Foreign Office were anxious to [Page 43] know the views of the United States Government. The United States Embassy in London however informed the Foreign Office towards the end of August that the State Department felt that while some machinery for the orderly determination of justiciable questions should constitute a part of the general post-war international organisation, it seemed premature, until more was known of the nature of this future international organisation, to examine the particular question of the judicial organisation to be set up as a part thereof.
While the Foreign Office appreciate the reasons which have led the State Department to make this reply, and do not in view of the United States attitude intend to proceed to discuss the matter with the other Allied Governments, they are nevertheless reluctant to give up their proposal that some steps should be taken now to examine the problems connected with the Permanent Court of International Justice. The Foreign Office feel that this is a question which will require to be dealt with at, or at any rate very soon after, the peace settlement, and that there would be considerable advantage in the Allied Governments considering the matter now in the hopes of reaching agreement in advance as to the objects eventually to be aimed at. While it may seem premature to examine the question in existing circumstances, it seems not unlikely that as time goes on more urgent questions will arise for discussion and decision, and that there is therefore much to be said for making progress with any questions which can be discussed in advance. The Foreign Office feel that the Permanent Court is one of such questions. In the case of many post-war problems, the unknown factors are too many to enable the assumptions to be made which are necessary if useful results are to be obtained. The case of the Permanent Court seems different, since the only assumption that it is necessary to make is that the state of the world after the war will be such that some form of international tribunal will be desirable—an assumption with which the United States Government have indicated their agreement. The Foreign Office had contemplated the appointment of a small informal inter-allied committee to examine the matter. This committee would be regarded as an expert committee, the members of which would not be entitled to bind their Governments, which would be left free to approve, modify or reject any recommendations that the committee might make.
The Foreign Office still feel that there is much to be said in favour of their proposal and they very much hope—more especially in view of the references in Mr. Cordell Hull’s speech of July 22nd3 to the [Page 44] necessity of establishing some court of international justice after the war—that the State Department may be prepared to give further consideration to the matter.
- The speech was broadcast on July 23, 1942. For text, see Department of State Bulletin, July 25, 1942, p. 639; for reference to an international court of justice, see ibid., p. 645.↩