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Dáil Éireann díospóireacht -
Thursday, 29 May 1930

Vol. 35 No. 2

Approval of Conventions and Protocols. - United States and Permanent Court.

I move:—

"Go gceaduíonn an Dáil an Dreacht-chonnra maidir le Stáit Aontuithe America d'aontú leis an Dreacht-chonnra um Shighniú Reacht Bhuan-Chúirt an Breithiúnais Eadarnáisiúnta do sighníodh i nGeneva ar an 14adh lá de Mheán Fhomhair, 1929, agus dar leagadh cóip ar Bhord na Dála ar an 7adh lá de Bhealtaine, 1930, agus go molann don Ard-Chomhairle gach ní is gá do dhéanamh chun é do dhaingniú."

"That the Dáil approves of the Protocol relating to the Accession of the United States of America to the Protocol of Signature of the Statute of the Permanent Court of International Justice, signed at Geneva on the 14th day of September, 1929, a copy of which was laid on the Table of the Dáil on the 7th day of May, 1930, and recommends the Executive Council to take the necessary steps for its ratification."

This is the Protocol which permits of the accession of the United States of America to the Protocol of Signature of the Statute of the Permanent Court. Up to date the United States, not being a member of the League and by reason of certain other considerations, has found it impossible to accede to the Statute of the Court. They claimed that certain guarantees should be afforded to them, and most of the guarantees that they requested were based on the single matter of what is called advisory opinion which may be requested and may be given by the Permanent Court. The United States of America feel that on a matter that directly concerns it an advisory opinion may be requested and may be given and that it might lead to certain peculiar circumstances under the covenant of the League without the United States knowing that their interests were being affected. Consequently, after many years' delay and after meetings and conferences, in February, 1929, it was finally intimated that a further exchange of views might lead to an agreement with regard to the fulfilment of the conditions upon which the United States would be prepared to accede to the Statute of the Court. A committee of twelve jurists was appointed and they have drawn up the present Protocol. That has been approved by the Council and also by the Assembly and the Special Conference. It changes the situation in the League and it must be recognised that it changes it in a peculiarly advantageous manner with regard to the United States of America. It picks them out for special reference and special consideration.

Article 5 is most important from the point of view of that country. It establishes a rather elaborate procedure for ensuring that the United States shall always be informed when any request for an advisory opinion comes forward, and being so informed it is for the United States to decide whether their peculiar interests are involved or not. If they decide that their interests are involved, then they bring forward certain representations. There is a period allowed for an exchange of views, and even a further period by way of postponement, in which a better exchange of views may take place. There is, finally, in the same Article a provision that if no agreement is reached and the United States is not prepared to forego its objection the United States may then withdraw from the Statute of the Permanent Court. There is one other point. Article 2 indicates that the United States shall be admitted to participate, through representatives designated for the purpose and upon an equality with the signatory States members of the League of Nations represented in the Council or in the Assembly, in any and all proceedings of either the Council or the Assembly for the election of Judges or Deputy Judges of the Permanent Court. That is simply to regularise the position of the United States by giving it the rights of a League member, although it is not in fact a member of the League of Nations.

Question put and agreed to.
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