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33 Geo. L. J. 373 (1944-1945)
International Trade Tribunal--A Step Forward Short of Surrender of Sovereignty

handle is hein.journals/glj33 and id is 383 raw text is: THE
GEORGETOWN LAW JOURNAL
VOLUME 33                     MAY, 1945                       NUMBER 4.
AN INTERNATIONAL TRADE TRIBUNAL - A STEP
FORWARD SHORT OF SURRENDER OF
SOVEREIGNTY*
SIGMUND TniBERGt
I.
M     OST current proposals for international organization stress the need
for international legislative assemblies, an international executive
organ, and the surrender of some portion of national sovereign power
to those bodies. This article concerns itself with the third element of
the customary international trinity-an international judicial tribunal;
with the pacificatory and justice-molding potentialities of such a body
taken by itself; and with a consequent realistic application of the
concept of national sovereignty. This limitation in approach is no
wise to be taken as a disparagement of the world government, accom-
panied by needful grants of sovereign authority, which it is hoped will
eventually emerge to keep the international community at peace and
in the ways of justice. It represents rather an effort to anticipate acri-
monious disputes by encouraging the presentation and settlement of
more mildly controversial ones, to forestall occasions for large scale
military aggression by smoothing over prevenient minor economic and
psychological irritations, and to test the feasibility of an international
law that will inch its way as an accretion of small but continuous ver-
dicts rather than attempt instantaneous coverage of a wider terrain in
the form of large principles.
In short, an institution that would preserve the peace must feature
*This article was written while the author was on the staff of the Foreign Economic
Administration. However, it is a personal expression of views and does not represent
the viewpoint either of that agency or of the Department of Justice, with which the
author is currently associated.
IA. B., Columbia University (1930), A. M., id. (1930), LL. B., id. (1933); member
of the Bar of the Supreme Court of the United States and of New York. Author: Admin-
istrative Findings of Fact (1941-2) 27 WAsH. U: L. Q. 62, 169; Insurance and Interstate
Commerce (1941) 50 YALE L. J. 959.

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