Woodrow Wilson as I Know Him

by Joseph P. Tumulty

TUMULTY.

* * * * *

March 27, 1919.

Admission—Paris.

For Secretary Lansing from Polk.

Following are proposed amendments to the Constitution of the League of
Nations which have been drafted by Mr. Root:

First Amendment: Strike out Article XIII, and insert the following: The high contracting powers agree to refer to the existing Permanent Court of Arbitration at The Hague, or to the Court of Arbitral Justice proposed at the Second Hague Conference when established, or to some other arbitral tribunal, all disputes between them (including those affecting honour and vital interests) which are of a justiciable character, and which the powers concerned have failed to settle by diplomatic methods. The powers so referring to arbitration agree 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 Permanent Court of Arbitration at The Hague.

Second Amendment. Add to Article XIV the following paragraphs: