June 12, 1952 — The Decatur Review
The Mossadegh Project | December 18, 2024 |
An editorial on Iran and the International Court of Justice in The Decatur Review newspaper of Decatur, Illinois. It also ran the same day in The Southern Illinoisan of Carbondale, Illinois.
No One Trusts A World Court
SETTLEMENT of such international disputes as the Anglo-Iranian oil crisis would be an easy matter if the World court carried the same authority national courts have in dealing with their own citizens.
There is a plausible case in the oil controversy. Britain is arguing that
nationalization abrogated an international
contract, and therefore violated international law. Iran is arguing that nationalization of oil was an inherent national right, that it was therefore an internal matter and that the World court has no jurisdiction.
Unfortunately there are no international statutes which nations are bound by basic agreement to accept. The
World court
therefore renders only an advisory opinion, which may have moral force, but certainly has no police force behind it.
Nor is it likely that an international court ever will get much police power. Nations have always followed the principle which Stephen Decatur once put into realistic words:
[Famed U.S. naval hero in the War of 1812]
“Our country! In her intercourse with foreign nations may she always be in the right; but our country, right or wrong!”
Setting up an international court, of course, has to be done on a representative basis, and representatives will never stray very far from their individual governments’ wishes. Thus a legislative body such as the United Nations General
Assembly becomes a more feasible judicial agency than a world court. It is impossible to isolate an international judiciary from international politics. And when politics enters jurisprudence it might as well become openly political
rather than mask itself as judicial.
The court’s decision in the Anglo-Iranian case could circumscribe its own jurisdiction by refusing to hear the case as an internal matter. Or it could provide some measure of legal weight to British arguments before the U.N. Assembly.
But the court has no injunction powers, and the U.N. Assembly has no seizure powers, which leaves the Iranian question strictly up to collective bargaining.
Related links:
UK v. Iran Judgment: ICJ Lacks Jurisdiction on AIOC Case | July 22, 1952
Basil Dean on Iran and the World Court | Calgary Herald, Oct. 24, 1951
Great Game Of Pressure | The Decatur Review, Dec. 18, 1952
MOSSADEGH t-shirts — “If I sit silently, I have sinned”




