n of Justice, there must
be a possibility of bringing an appeal from lower International Courts
to a Higher Court. It is only in this way that in time a body of
International Case Law can grow up, which will be equivalent in its
influence upon the practice of the States to the municipal case law of
the different States.

V. I have hitherto considered in a general way only the difficulties of
International Administration of Justice; I have not touched upon the
particular difficulties connected with the setting up and manning of
International Courts. If the several States could easily agree upon,
say, five qualified men as judges of a Court of First Instance, and
upon, say, seven qualified men as judges of a Court of Appeal, there
would be no difficulty whatever in setting up these two Courts. And
perhaps some generations hence the time may come when such an agreement
will be possible. In our time it cannot be expected, and here therefore
lies the great difficulty in the way of setting up and manning
International Courts of Justice; because there is no doubt that each
State will claim the right to appoint at least one man of its own choice
to sit as judge in the International Court or Courts. And since there
are about fifty or more civilised independent States in existence, the
International Court would comprise fifty or more members.

Now why would the several States claim a right to appoint at least one
man of their own choice as judge? They would do this because they desire
to have a representative of their own general legal views in the Court.
It is a well-known fact that not only the legal systems which prevail in
the several States differ, but also that there are differences
concerning the fundamental conceptions of justice, law, procedure, and
evidence. Each State fears that an International Court will create a
practice fundamentally divergent from its general legal views, unless
there is at least one representative of its own general legal views
sitting in the Court.

I think that in spite of everything the difficulty is not insurmountable
provided a scheme for an International Court which follows closely the
model of Municipal Courts is not insisted upon. Just as the organisation
of a League of Nations cannot follow the model of the organisation of a
State, so the attempt to set up an International Court must not aim at
following closely the model of Municipal Courts. What is required is an
institution which s