It will be seen, therefore, that there is a very wide range of
reservations which may be made in connection with the undertaking
referred to in Article 36, paragraph 2. It is possible that
apprehensions may arise lest the right to make reservations should
destroy the practical value of the undertaking. There seems, however,
to be no justification for such misgivings. In the first place, it is
to be hoped that every Government will confine its reservations to what
is absolutely essential. Secondly, it must be recognised that, however
restrictive the scope of the undertaking may be, it will always be
better than no undertaking at all.
The fact that the signatory States undertake to accede, even though it
be with reservations, to paragraph 2 of Article 36 may therefore be
held to constitute a great advance.
Such accession must take place at latest within the month following
upon the coming into force or subsequent acceptance of the Protocol.
It goes without saying that such accession in no way restricts the
liberty which States possess, under the ordinary law, of concluding
special agreements for arbitration. It is entirely open to any two
countries signatory of the Protocol which have acceded to paragraph 2
of Article 36 to extend still further, as between themselves, the
compulsory jurisdiction of the Court, or to stipulate that before
having recourse to its jurisdiction they will submit their disputes to
a special procedure of conciliation or even to stipulate, either before
or after a dispute {173} has arisen, that it shall be brought before a
special tribunal of arbitrators or before the Council of the League of
Nations rather than to the Court.
It is also certain that up to the time of the coming into force or
acceptance of the Protocol accession to paragraph 2 of Article 36 which
will thenceforth become compulsory, will remain optional, and that if
such accession has already taken place it will continue to be valid in
accordance with the terms under which it was made.
The only point which may cause difficulty is the question what is the
effect of accessions given to the Protocol if the latter becomes null
and void. It may be asked whether such accessions are to be regarded
as so intimately bound up with the Protocol that they must disappear
with it. The reply must be in the negative. The sound rule of
interpretation of international treaties is that, unless there is
express provision to the contrary, effects already produced survive the
act from which they sprang.
The natural corollary is that any State which wishes to make the
duration of its accession to Article 36 dependent on the duration of
the Protocol must make an express stipulation to this effect. As
Article 36 permits acceptance of the engagement in question for a
specified term only, a State may, when acceding, stipulate that it only
undertakes to be bound during such time as the Protocol shall remain in
force.
5.--STRENGTHENING OF PACIFIC METHODS OF PROCEDURE.