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49.

REPORT OF THE THIRD COMMITTEE.

Rapporteur, M. Hagerup.

The Assembly of the League of Nations referred to the Third Committee the draft schemes for an International Court of Justice and the amendments proposed thereto by the various Governments and by certain members of the Assembly. The Committee appointed a sub-Committee of 10 members, five of which had formed part of the Jurists' Committee of the Hague. The sub-Committee submitted to the Committee the repoit and the draft text attached hereto (see Assemblv Document No. 199). Both report and text have been unanimously adopted by the Committee, with the followine modifications:

Article 5.

In the first paragraph the Committee has introduced a provision to the effect that the nomination of candidates must be carried out within a given time.

The Committee has increased the number of candidates who may be nominated in order to give the different groups a laiger opportunity to propose candidates of umversally known compétence but of a nationality other than that of the nominating group. In no case, however, can more candidates be nominated than doublé the number of seats to be filled. If, for example, there is only one seat, the number of candidates to be nominated will be two.

Articles 16 and 17.

The Committee considered that it would be an excessive measure to apply the provisions of this Article as a whole to the deputy-judges. It has therefore introduced special rules for the deputy-judges.

Article 26.

After hearing the Director of the International Labour Office, the Committee has added to this Article a provision empowering the Director to furnish the Council with all necessary information; for this purpose the Director will receive copies of all written documents of procedure.

Article 36.

On the motion of the Brazilian Delegate, the Committee has added a new paragraph to this Article, empowering States and Members of the League of Nations who may be willing to accept compulsory jurisdiction in a larger measure than provided for in the first paragraph of the Article, to make déclarations on this subject either at the time of ratification or at a later moment.

The effect of this provision is as follows: It gives power to choose compulsory jurisdiction either in all the questions enumerated in the Article or only in certain of these questions Fuither, it makes it possible to specify the States (or Members of the League of Nations) in relation to which each Government is willing to agree to a more extended jurisdiction.

Article 41.

The Committee has slightly altered this Article in such a way as to make it cover omissions which infringe a right, as well as positive acts.

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