Now my proposal to meet such complex cases is that when a party objects
to a settlement of a case on mere juristic principles, although the
other party maintains that it is a justiciable case, the Bench which is
to serve as Bench of First Instance shall investigate the matter with
regard to the question whether the case is more political than legal in
nature. If the Court decides the question in the negative, then the same
Court shall give judgment on the dispute; but, if the Court decides the
question in the affirmative, then the case shall be referred by the
Court to the International Council of Conciliation. Whatever the
decision of the Bench of First Instance may be, each party shall have
the right of appeal to the Permanent Bench which serves as the Court of
Appeal.

IX. The other point which I desire to mention before I leave the subject
of International Administration of Justice concerns the notorious
principle _conventio omnis intelligitur rebus sic stantibus_. You know
that almost all publicists and also almost all Governments assert the
existence of a customary rule according to which a vital change of
circumstances after ratification of a treaty may be of such a kind as to
justify a party in demanding to be released either from the whole treaty
or from certain obligations stipulated in it. But the meaning of the
term 'vital change of circumstances' is elastic, and there is therefore
great danger that the principle _conventio omnis intelligitur rebus sic
stantibus_ will be abused for the purpose of hiding the violation of
treaties behind the shield of law. This danger will remain so long as
there is no International Court in existence which, on the motion of one
of the contracting parties, could set aside the treaty obligation whose
fulfilment has become so oppressive that in justice the obliged party
might ask to be released. Now, as the League of Nations is to set up an
International Court of Justice, my proposal is that the Court should be
declared competent to give judgment on the claim of a party to a treaty
to be released from its obligations on account of vital change of
circumstances. Of course the case would go before that Bench of the
Court which is to serve as the Court of First Instance, and an appeal
would lie to the Permanent Bench which serves as the Court of Appeal.

X. Having given you the outlines of a scheme concerning International
Administration of Justice, I now turn to International Med