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Proposals before 1919 Paris Peace Conference |
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20 March 1918 |
arbitration
is mentioned in the British League of Nations Committee's plan
submitted to the British Cabinet;
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29 November 1918 |
arbitration
is mentioned in the preliminary plan transmitted by M. Jessurand
(the French Ambassador to the US) to Mr. Lasing (US Secretary of
State); |
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16 July 1918 |
adjudication
is discussed in detail in Colonel House's plan submitted to
Woodrow Wilson (including compulsory jurisdiction, procedure and
enforcement); |
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16 December 1918 |
arbitration
and conciliation are mentioned in General Smut's Draft; |
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8 June 1918 |
international court is mentioned in the Draft of the French
Ministerial Commission for the League of Nations, including
execution of the decisions through a representative body. "At
its demand, each nation shall be obliged, in agreement with the
other nations, to use its economic, naval and military power
against any recalcitrant States." (Article 4) |
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1917-1918
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international court
is discussed in detail by the draft prepared by Danish,
Norwegian and Swedish governments: should have been based on
equality of states; 15 judges nominated by governments for
election; judges elected by national groups at the head of PCA;
not more than 2 of the same nationality; election for life/9
years; 7 = quorum; reasoning behind decision to be provided in a
judgment; See: Avant-Projet de Convention sur une
Organisation Juridique Internationale (Betänkande rörande en
Internationell Rättsordning (Stockholm: 1919) |
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1918-1919 |
Draft created by Advisory Committee of the Swiss Federal
Council: PCIJ is an organ of the League of Nations; established
by the Conference of States for nine years; states would propose
for 1-4 candidates and vote for 15 on the list electing 15
judges (7 of which with the highest vote would constitute the
Bureau of the Court to elect a president and two
vice-presidents); no judges-nationals of the parties to the
dispute allowed on the bench; cases would be heard by 5 judges;
sanctions would be proceeded with through the Permanent
Delegation of the League, which would submit them to a council
of mediation for decision. |
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Proposals during 1919 Paris Peace Conference |
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10 January 1919
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arbitration
and judicial decision is mentioned in the second draft of
Woodrow Wilson's plan (along with a possibility to appeal
arbitral awards to a Body of Delegates; |
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20 January 1919
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international court
is outlined in the British draft of a Covenant for the League of
Nations (approved by the English Cabinet and submitted to
President Wilson by a confidential letter of Lord Robert Cecil):
three dispute settlement bodies: Court, Council, Conference. It
contained a proposal to create (pending creation of the
Permanent Court of International Justice) the 'Court of
International Law' from national groups @ PCA (to be chosen by
the Council or the Conference). Three month cooling off period.
Jurisdiction was to be established on the basis of a pre-dispute
treaty or post-dispute agreement. Flexibility in the procedure.
Council/Conference could also unilaterally submit disputes for
its consideration, but in these cases decision of the court
would have no force unless confirmed by the report of the
Conference or the Council. |
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25 January 1919 |
international court was not mentioned in the Resolution passed
at the
Plenary Session of the Preliminary Peace Conference creating a
committee for discussion of plans of the League of Nations. |
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27 January 1919 |
Cecil-Miller Draft pays little attention to the international
court, yet
proposed 9 judges: 5 nominated by Allies, other 4 selected by
Allies, but nominated by others. |
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31 January 1919 |
Conference of American and British representatives holds that
"provisions regarding the method of arbitration ... were
not essential, and that a general provision might be inserted
for the creation of a Permanent Court." |
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Committee/Commission on the League of Nations (February 3, 1919
- February 13, 1919) |
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3 February 1919 |
arbitration
and plans for establishment of the permanent international
court (to consider matters "which the parties
recognize as suitable for submission to it for arbitration"
Article XII) as well as three months cooling off period and
dispute settlement through the Executive Council, all are
mentioned in Hurst-Miller Draft (who were technical experts for
the GB and USA respectively). |
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3 February 1919 |
Italian Draft: International Court of Justice were to be
composed of judges appointed by all member-states for 6 years;
consideration of individual cases through panels (president,
vice-president, 1 judge chosen from the full Court by each
party, and 4 other judges chosen by the judges themselves from
their own numbers by secret ballot. Jurisdiction established
through: 1) compromis; or 2) unilaterally by one party
with authorization from the Council. Rules determined by parties
in cases brought by compromis. |
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6 February 1919 |
considered:
(1) Hurst-Miller Draft; (2) Draft of the French Ministerial
Commission; (3) Italian Draft. |
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14 February 1919 |
Committee submits joint official draft of a Covenant for the
League of Nations to the Peace Conference |
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27 February 1920 |
completion of the plan prepared by a joint committee created by
neutral states (Denmark, the Netherlands, Norway, Sweden,
Switzerland): court would be open to all nations (members and
non-members of the League of Nations; compulsory jurisdiction in
several types of matters; guarantee of the performance of the
decision through the League of Nations. |
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11-13 March 1919 |
Meetings of the Unofficial Inter-Allied League of Nations
Conference held in London. |
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20-21 March 1919 |
Meeting of the Commission with representatives of neutral states
(Netherlands, Switzerland, Denmark, Norway, Sweden, Spain) none
of the proposed changes have been accepted |
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26 March 1919 |
Commission/Committee on the League of Nations appoints the
drafting committee . |
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11 April 1919 |
final English (i.e. language) version of the draft approved; |
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21 April 1919 |
final French (i.e. language) version of the draft approved ; |
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28 April 1919 |
Draft is adopted by the Preliminary Peace Conference. |
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Peace Treaties with Germany, Austria, Bulgaria and Hungary |
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7 May 1919 |
conditions of peace (including the Covenant of the League of
Nations) communicated to Germany |
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9 May 1919 |
German Counter-Proposal included: compulsory jurisdiction over
legal disputes, jurisdiction over complaints from private
persons; recognition of the state equality; the court would be
in operation for 9 years; judges would be appointed by a
Congress of States (not included in the Covenant) |
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9 June 1919 |
Organization Committee's second meeting: proposition to
establish a committee of jurists to discuss plans of the court. |
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23 June 1919 |
Austrian Counter-Proposal included a proposal for the
court with 15 judges and 8 deputy-judges; judges elected by the
Assembly; no more than 1 national of the same state on the
bench; parties could eliminate judges; judges nationals of the
parties would be excluded, judges |
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28 June 1919 |
Treaty of Versailles was signed by the representatives of
Belgium, Bolivia, Brazil, Cuba, Ecuador, France, Great Britain,
Greece, Guatemala, Haiti, The Hedjaz, Honduras, Italy, Japan,
Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Romania,
Yugoslavia, Siam, Czechoslovakia, United States of America,
Uruguay and Germany.
Covenant of the League of Nations constituted Articles 1-30 of
the Treaty of Versailles, Saint-Germain, Neuilly and Trianon. |
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4 August 1919 |
Swiss Federal Council's Consultative Committee's draft providing
for international court communicated to the Swiss Federal
Assembly. |
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29 August 1919 |
Norwegian Committee's draft of the court communicated to the
Secretariat of the League of Nations |
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September 1919 |
Swedish Committee's draft of the court communicated to the
Secretariat of the League of Nations |
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10 September 1919 |
Treaty of Saint-Germain signed by the above states and
Austria |
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November 1919 |
Danish Committee's draft communicated to the Secretariat of the
League of Nations |
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27 November 1919 |
Treaty of Neuilly signed by the above states and Bulgaria |
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10 January 1920 |
Covenant of the League of Nations came into force |
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16-27 February 1920 |
Conference representing Denmark, the Netherlands, Norway, Sweden
and Switzerland (see Grotius Annuaire Internationale,
1919-1920); 55-article projet on the question of the
court. |
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19 March 1920 |
US Congress did not ratify the Treaty of Versailles |
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4 June 1920 |
Treaty of Trianon signed by the above states and Hungary |
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1 July 1921 |
USA signed a Treaty of Berlin with Germany. |
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1920 Advisory Committee of Jurists |
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12-13 February 1920 |
2nd Public Meeting of the Council of the League of Nation passed
resolution on the formation of the Advisory Committee of Jurists
(ACJ), responsible for the development of PCIJ. |
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14 May 1920 |
creation of the Secretariat to assist the ACJ with Anzilotti
(Under Secretary-General of the League of Nations) acting as a
Secretary-General of the Committee and M. Åke Hammarskjöld as
deputy. |
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16 June 1920 |
First meeting of the ACJ at The Hague; Baron Descamps was
elected President of the Committee , M. Loder Vice-President. |
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16 June - 24 July 1920 |
35 Meetings of the Committee considering following:
- Italian, German and Austrian proposals at the Peace
Conference;
- Convention for the est. of the CACJ;
- drafts of the Scandinavian committees;
- Swiss avant-projet;
- draft of the five neutral States;
- draft drawn up by the Netherlands Committee;
- draft prepared by the Inter-parliamentary Union;
- draft prepared by the Union Juridique Internationale .
Three main problems: compulsory jurisdiction and election of the
judges. |
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Draft before the Council and the Assembly of the League of
Nations |
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24 July 1920 |
Preparation of the Draft Scheme for the establishment of the
PCIJ and Explanatory Report by M. de Lapradelle completed by
ACJ.
Root-Phillimore plan: joint election of the judges by the
Council and Assembly of the League (11 Judges and 4
Supplementary Judges)
Proposed compulsory jurisdiction by means of inter-state
agreements on the specific categories of disputes. |
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3 August 1920 |
draft-scheme considered by the Council of the League of Nations;
Draft Scheme and Explanatory Report forwarded to the
Member-States . |
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4 August 1920 |
Draft-Scheme given for consideration to the members of the
League of Nations |
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23 October 1920 |
Draft-Scheme considered by the Council of the League of Nations:
rejection of the compulsory jurisdiction; |
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15 November 1920 |
Meeting of the Assembly of the League of Nations at Geneva (44
states)
Appointment of the Third Committee (36 members) to deal with a
question of jurisdiction. |
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Draft before the Third Committee (November 17 - December 16,
1919) |
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17 November 1920 |
first (out of ten) meeting of the Third Committee (Chairman: M.
Léon Bourgeios)
appointment of the Sub-Committee (Charman: M. Hagerup). |
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24 November - 10 December 1920 |
eleven meetings of the Sub-Committee |
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8-11 December 1920 |
Sub-Committee presented a revised Draft-Scheme and a Report to
the Third Committee
Third Committee:
- rejected compulsory jurisdiction
- included optional Clause and Article 36 of the Statute |
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Draft before the Council and the Assembly of the League of
Nations |
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13 December 1920 |
Plenary Meeting of the Assembly considered Third Committee’s
Scheme and Report.
Statute of the Court (as drafted by the Third Committee) was
unanimously approved by Assembly through the ‘Resolution
Concerning the Establishment of PCIJ’, to be submitted to the
members of the League of Nations for adoption on the basis of
the majority rule. Idea of the ratification of the Resolution
would take place through the Protocol of Signatures and would
result into the adoption of the Statute of the Court. |
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14 December 1920 |
Council of the League of Nations adopted the draft of the
Protocol of Signatures and considers a draft of an "Optional
Clause" |
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16 December 1920 |
Protocol of Signature became open for signature. |
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17 December 1920 |
Optional Clause became open for signature. |
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25 February 1921 |
Protocol of Signature had been signed on behalf of 27 Members of
the League of Nations .
Council authorized election nomination of candidates for the
first election of judges. |
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1 September 1921 |
Protocol of Signature had been ratified by 22 of 41 signatories.
The Statute came into force. |
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5 September 1921 |
Meeting of the Second Assembly.
By this time:
- 55 States have signed the Protocol of Signature of the Statute
- 47 States have ratified the Statute of the Court
- 48 States have signed the Optional Clause for compulsory
jurisdiction (with/without reservations). |
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1 April 1921 |
Member-States asked to provide the names of the members of the
national groups created for the nomination of the candidates for
the positions of the members of the Court. |
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2 June 1921 |
Secretary-General addressed a request to the above groups to
nominate the candidates. |
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14 September 1921 |
Two separate meetings of the Council and the Assembly elected 11
judges and 4 deputy-judges from the list of 89 names submitted
by the groups.
Results of the election in the Assembly:
1. Altamira (Spain) 23 votes
2. Alvarez (Chile) 24 votes
3. Anzilotti (Italy) 24 votes
4. Barboza (Brasil) 38 votes
5. de Bustamente (Cuba) 26 votes
6. Finlay (Great Britain) 29 votes
7. Loder (Netherlands) 24 votes
8. Oda (Japan) 29 votes
9. Weiss (France) 30 votes
10. J.B.Moore (USA) 21 votes (second ballot)
11. Huber (Switzerland) 22 votes (fifth ballot)
Results of the election in the Council:
1. Altamira (Spain)
2. Anzilotti (Italy)
3. Barboza (Brasil)
4. de Bustamente (Cuba)
5. Descamps (Belgium)
6. Finlay (Great Britain)
7. Loder (Netherlands)
8. Moore (USA)
9. Nyholm (Denmark)
10. Oda (Japan)
11. Weiss (France)
After additional meeting of the Assembly & Council:
1. Altamira (Spain)
2. Anzilotti (Italy)
3. Barboza (Brasil) – died 1923 replaced by Epitacio da Silva
Pessoa (Brasil)
4. de Bustamente (Cuba)
5. Finlay (Great Britain) died 1929 replaced by Cecil Hurst
6. Huber (Switzerland)
7. Loder (Netherlands)
8. Moore (USA) – resigned 1928 replaced by Charles Evans Hughes
resigned 1930 replaced by Frank B. Kellogg
9. Nyholm (Denmark)
10. Oda (Japan)
11. Weiss (France) – died 1928 replaced by Fromageot (France)
Deputy-Judges elected by the Assembly and the Council:
1. Negulesco (Romania)
2. Wang (China)
3. Yovanovitch (Yugoslavia) |
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16 September 1921 |
Fourth Deputy-Judge - Beichmann (Normay) elected at a result of
the joint conference of the representatives of the Assembly and
the Council. |
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21 September 1921 |
Meeting of the Assembly.
Confirmation of the acceptance of the office by the judges. |
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30 January 1922 |
Preliminary Session of the Court.
Election of the Dr.B.C.J.Loder as a President 1925-1927
(1925-1927 Judges Huber; 1928-1930 Judge Anzilotti); Weiss as a
Vice-President (Huber from 1928) ; Åke Hammarskjöld as a
Registrar. |
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15 February 1922 |
Public inaugural meeting of the Court in Peace Palace |
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24 March 1922 |
Rules of the Court adopted |
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15 June 1922 |
First Ordinary Session of the Court |
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26 September 1924 |
Amendment of the Art. 14 of the Covenant: added a reference to
judicial settlement, in addition to arbitration in Art. 12, 13
and 15. |
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27 January 1926 |
US Senate’s Resolution on the question of the signing of the
December 16th, 1920 Protocol |
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18 March 1926 |
Meeting of the Council of the League considered the above
resolution |
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September 1926 |
Conference of the Signatories at Geneva. Consideration of the
above resolution. |
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Summer 1926 |
Revision of the Rules of the Court |
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September 1927 |
Amendment of the second paragraph in Article 71 of the Rules of
the Court |
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19 February 1929 |
US Government addresses a note to the Member-States and
Secretary-General of the League of Nations on the question of
the US’s participation in the activities of the Court. |
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11-19 March 1929 |
Meetings of the Jurists’ Committee at Geneva on the question of
the amendment of the Statute of the Court |
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September 1930 |
Election of the renewal of the Bench after nine-year period
expired. |
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4-12 September 1929 |
Conference of the States considered amendments proposed by the
Jurists’ Committee. Produced “Protocol for the Revision of the
Statute of the PCIJ” |
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14 September 1929 |
Meeting of the Assembly. Consideration and adoption of the above
Protocol. (16 article were amended). Major amendment: abolition
of the deputy-judges and creation of a Bench of 15 judges that
should have been permanently available for the exercise of their
responsibilities |
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16 August 1930 |
Cuba “vetoes” ratification of the Revision Protocol on the basis
of its Article 4. |
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9 September 1930 |
Council appoints a Committee of Jurists on the question of the
protocol not being passed. |
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10 September 1930 |
Meeting of the Assembly |
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12 September 1930 |
Council adopts committee’s proposal. |
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25 September 1930 |
Plenary Assembly adopts three resolutions on the question of the
inadmissibility of the Revision Protocol and two resolutions
regarding remuneration of the judges.
Results: increase of the number of judges (from 11 to 15) and
creation of the permanent sessions of the court |