THE INTERNATIONAL COURT OF JUSTICE
PROVISIONS OF THE PROPOSALS
The Dumbarton Oaks Proposals provide that: (1) an .
international court of justice should be established as
the principal judicial organ of the Organization;
(2) the court should have a statute which should be an-
nexed to the Charter of the Organization; (3) all members
of the Organization should ipso facto be parties to the
statute; (4) states not members of the Organization should
be permitted to become parties to the statute upon condi-
tions laid down by the General Assembly upon recommendation
by the Security Council; and (5) the statute should be
either (a) the statute of the present Permanent Court of
International Justice with such modifications as may be
desirable, or (b) a new statute based upon the present
Statute.
PRESENT STATUS OF THE PROBLEM
It was suggested informally during the Conversations
that prior to the United Nations Conference a preliminary
meeting of jurists be held for the purpose of drafting
the statute of the court and formulating plans for its
establishment, to be submitted to that conference. No
definite agreement was reached on this suggestion, and
there was no detailed discussion of the content of the
proposed statute nor of the possible means by which it
might be put into effect. The United States delegation
handed informally to the other delegations a tentative
revised draft of the Statute of the Permanent Court of
International Justice as a possible basis for future con-
sideration.
The preliminary meeting of Jurists, and, subsequently,
the Conference, will therefore be faced with complex legal
and practical problems resulting from the fact that the
Permanent Court of International Justice is still an
organization in being, and that the adoption either of a
new statute or a revision of the present Statute will
necessarily involve the interests of states which will
not be initial members of the organization. These include
eight enemy states or states under armistice, and six
neutral states. Since no decision was reached during the
Conversations on the time for the proposed meeting of
jurists, on its composition, or on its terms of reference,
these