354 AN INTERNATIONAL TRIBUNAL FOR EUROPE. 



definite number of years, provision being made for the appointment 

 of new members to supply those who may cease to be members by 

 retirement, or death. 



"17. The members of the Council, though appointed by the 

 Governments, will not hold any representative character. 



" 18. The cost of maintaining the Council shall be borne equally 

 by every state concurring in its organisation. The cost of any 

 reference to arbitration shall be borne by the contending parties in 

 equal shares. 



" 19. The preparation of a Code of International Law will be of 

 great value for the guidance of the Council, and High Court of 

 International Arbitration. Attempts have been made in this 

 direction by Bluntschli and Field. It will be the duty of the 

 Council to prepare such Code as far as possible. That the Code 

 may be valid when made, it must be authoritative, and must be 

 adopted by the Council, by the authority, and in the name of the 

 States therein represented, in the same manner as the Declaration 

 respecting Maritime Law in 1856. 



" Leone Levi." 



This scheme of Professor Leone Levi, as foreshadowed in the 

 above clauses, proposes the estabhshment in Europe, and for Europe 

 and America, of a High Court of Nations, based on moral and not 

 physical power, for the 12 th clause declares that, 



"It is not contemplated to provide for the exercise of physical 

 force, in order to secure reference to the Council, or to compel 

 compliance with the award of the Council, or Court, when made. 

 The authority of the Court is moral, not physical." 



Its executive authority, therefore, has nothing to do with potential 

 power, but depends entirely, upon the efficacy of moral influence for 

 the enforcement of its decrees. 



AN EXECUTIVE AUTHORITY. 



This proposition raises the important question of executive power, 

 which has long been a matter of stubborn controversy, amongst 

 jurists, and statesmen, on the ground, that the teachings of history, 

 and the practice of nations, are opposed to a tribunal based, only 

 on moral power. The argument is an interesting one, and deserves 

 careful consideration, and we therefore submit instances of recent 



