The Minister in the Netherlands ( Phillips ) to the Secretary of State
[Received August 27.]
Sir: Referring to my despatch No. 208, of July 26, 1920,13 transmitting the final French text of the Agreement for the creation of a [Page 15] Permanent Court of International Justice, I have the honor to enclose herewith one copy of the official English text which I have only just received.14
As the Department is aware, the project was presented to the Council of the League of Nations meeting at San Sebastian on July 30th. Confidentially, I am informed that considerable discussion arose in the Council as to certain articles of the project, especially Art. 34 dealing with the jurisdiction of the Court. The Council instructed M. Léon Bourgeois to prepare, while keeping in touch with the other members of the Council, a preliminary report on the draft prepared by the Advisory Committee of Jurists; which report is to serve as a basis for the final opinion of the Council. The Council also decided to send to the Governments concerned the draft itself, with a covering letter—a copy of which is enclosed herewith. It is to be noted that in this letter to the various Governments the Council does not express any opinion on the merits of the scheme “until they have had a full opportunity of considering it.” At the same time they make certain observations in the letter which will be of interest to the Department.
I have [etc.]