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siderable influence to endeavour to persuade the
nations to settle their disputes in international
courts and not by the trial of war. Now, how is
this to be achieved? It is clear that, if any success
is to be obtained in this sphere, it can only be
arrived at by conditioning those who are responsible
for the government of their countries and, not only
those indeed, but also by
indoctrinating
their
peoples with the idea that, if peace is better than
war, then the rule of law must be superior to the
use of force.
In the world in which we live to-day, this simple
fact seems far from attainment. National govern
ments do, and will, submit disputes to international
courts when, and only when, it suits them to do so,
and, only if they are so minded, do they pay any
attention whatsoever to the judgments of these
courts.
The special committee set up by the American Bar
Association, now under the chairmanship of Charles
S. Rhyne, who is its driving force, reviewed the
situation generally and in detail, organising regional
meetings
throughout America and from
these
meetings the following conclusions amongst others
were drawn:
(1) A world and regional conference of lawyers
should be held.
(2) That conferences should concentrate on means
of improving satisfactory international insti
tutions and the creation of new ones necessary
if the Rule of Law is to achieve among
nations the stability it has generally achieved
within nations.
(3) The United Nations should be strengthened
by urging
increased application of, and
adherence to, the International Rule of Law.
(4) The legal profession of the nations of the
world should undertake a long range con
tinuous effort to achieve the foregoing.
Accordingly four regional conferences were held
in 1961/62 in Costa Rica, Tokyo, Lagos and Rome,
and two delegates from each country were invited
in their personal capacities. Mr. George Overend
and I were invited to represent Ireland at Rome
and subsequently at
the World Conference in
Athens.
This is no place to speak of Greece, of the
Peleponnese, of blazing dawns and purple sunsets,
of the glories of Mycenae, Epidavrus and Delphi,
of azure skies and warm seas, of Corinth and of
Athens. It must suffice to say that the world con
ference opened in the somewhat asceptic luxurious-
ness of the Athens Hilton Hotel on July ist.
Lawyers, delegates of one hundred and five
nations, attended this conference. They were of
every colour creed and of every tongue but it was
disappointing that lawyers from behind the Iron
Curtain did not attend although a Russian delegate
was present in Rome in 1962.
It began with an invocation by the Archbishop of
Athens and after being called to order by Mr. Charles
S. Rhyne, the General Chairman, under the Presi
dency of Mr. Dimitrios Zepos, the delegates were
addressed by Mr. Spyros Pallis the President of the
Athens Bar Association, by Mr. Sylvester C. Smyth,
President of the American Bar Association, the
Honourable Earl Warren, Chief Justice of the
United States, the Prime Minister of Greece, the
Mayor of Athens and His Majesty King Paul of
Greece. After this inaugural session the delegates
were received by the King and the Queen.
In the afternoon there was a plenary session at
which the objectives of the conference were discussed
and suggestions made by delegates. This discussion
followed the obvious lines and to some extent
served merely as a "loosening-up" rather than for
any actual benefit having regard to the fact that the
working sessions for the following days were
carefully prepared and designed to cover all the
aspects of the work to be done and the objectives
to be discussed and, if possible, attained.
On Tuesday July znd
the following working sessions
took place.
(a)
Increasing use and usefulness of the Inter
national Court of Justice.
(V)
The creation and jurisdiction of regional and
specialised courts.
(f)
Law rules to encourage international invest
ment.
(d)
Law
to
facilitate
international
economic
associations and trade.
There is little point nor indeed any necessity to
go into the discussions here in detail save to say, as
far as the writer of this Report is concerned, with
reference to topics
(a)
and
(b),
that there was a full
and extremely useful discussion on both these
topics with reference to the necessity for creating an
obligation to use the international court of justice
for peaceful settlement, with suggestions as to how
decrees of that court might be enforced. The dis
cussion covered internal disputes disrupting internal
peace and external disputes possibly leading to war.
Furthermore it was strongly suggested that the
greatest benefit from the international court of
justice might be obtained if regional courts with
branches in various areas of the world were set up.
These regional courts would make it easier and a
good deal less expensive for governments to deal
with the international court and that there should