a treaty concerning the establishment of an
International Court of Appeal in Prize Cases, and upon a draft treaty
concerning a really Permanent International Court of Justice side by
side with the existing Court of Arbitration. Although neither of these
contemplated International Courts has been established, there is no
doubt that, if after the present war a League of Nations becomes a
reality, one or more International Courts of Justice will surely be
established, although the existing Permanent Court of Arbitration may
remain in being.

III. But just as regards International Legislation, I must warn you not
to imagine that International Administration of Justice by International
Courts is an easy matter. It is in fact full of difficulties of many
kinds.

The peculiar character of International Law; the rivalry between the
different schools of international jurists, namely the Naturalists,
Positivists, and Grotians; the question of language; the peculiarities
of the systems of law of the different States, of their constitutions,
and many other difficulties, entail the danger that International Courts
may become the arena of national jealousies, of empty talk, and of
political intrigues, instead of being pillars of international justice.

Everything depends upon what principles will guide the States in their
selection of the individuals whom they appoint as members of
International Courts. Not diplomatists, not politicians, but only men
ought to be appointed who have had a training in law in general, and in
International Law in particular; men who are linguists, knowing, at any
rate, the French language besides their own; men who possess
independence of character and are free from national prejudices of every
kind. There is no doubt that, under present conditions and circumstances
of international life, the institution of International Courts
represents an unheard of experiment. There is, however, likewise no
doubt that _now_ is the time for the experiment to be made, and I
believe that the experiment will be successful, provided the several
States are careful in the appointment of the judges.

IV. And it must be emphasised that an International Court of Appeal
above the one or several International Courts is a necessity. Just as
Municipal Courts of Justice, so International Courts of Justice are not
infallible. If the States are to be compelled to have their judicial
disputes settled by International Administratio