The Project Relative to a Court of Arbitral Justice, Draft Convention And Report Adopted By the Second Hague Peace Conference of 1907

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Asser thought the objection might be met by permitting each State to appoint an additional judge, making the number of judges appointed by each State for the actual Court five in- stead of four, to which his Excellency Mr. Choate replied that the addition of an extra judge would increase a list already large. His Excellency Baron Marschall von Bieberstein felt that the choice among the members of the Court of 1899 should be the rule, whereas the president of the committee preferred that the jud
...ges of the new Court should be chosen by and from the members of the Court of 1899. He subsequently pro- posed that the rule of appointment suggested by Baron Mar- schall be adopted in principle, and that in default of suitable members in the Permanent Court the signatory Powers might then be free to look beyond the members of the present Court.
Baron Marschall suggested that, on the whole, the method announced in the second article should be retained, and the matter was referred to the drafting committee to consider and report a final text.


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