Permanent Court of International Justice

The Permanent Court of International Justice, frequently referred to as the World Court, was the principal judicial institution of the League of Nations and functioned from 1922 until 1946. It represented the first permanent international tribunal with broad jurisdiction to hear disputes between states and to deliver advisory opinions on points of international law. Its establishment marked a significant step in the institutionalisation of international justice, reflecting growing recognition of the need for peaceful dispute settlement following the First World War.

Formation and Foundational Framework

Although proposals for an international court reach back centuries—Pierre Dubois envisaged such a body in 1305 and Émeric Crucé again in 1623—the idea gained diplomatic traction during the Hague Peace Conferences of 1899 and 1907. These conferences led to the creation of the Permanent Court of Arbitration, but not to a permanent judicial body, owing mainly to disagreements over the appointment of judges.
The conclusion of the First World War revived momentum for establishing a binding global court. Article 14 of the Covenant of the League of Nations authorised the League to create such an institution. In 1920 an Advisory Committee of Jurists devised rules for the selection of judges and drafted a statute for a permanent court of justice. The Statute of the Permanent Court of International Justice was adopted on 13 December 1920. The Court first convened on 30 January 1922 in the Peace Palace at The Hague, which later became the home of its successor, the International Court of Justice.
The first judicial bench comprised nine judges and three deputy judges. Bernard Loder was elected the inaugural President, with Max Huber initially serving as Vice-President. The Court formally opened on 14 February 1922.

Jurisdiction and Functions

The Court’s jurisdiction derived from three primary sources:

• the Optional Clause of the League of Nations, which permitted states to recognise its compulsory jurisdiction;
• provisions within multilateral international conventions;
• terms set out in bilateral treaties.

States could also submit cases by mutual agreement. The Court issued legally binding judgments and non-binding advisory opinions, although advisory opinions were typically followed by League members so as not to diminish the institution’s authority.
The Court handled 29 contentious cases and delivered 27 advisory opinions from 1922 to 1940. It developed a substantial body of jurisprudence that influenced later international legal practice, including the procedure and structure of the International Court of Justice.

Early Reception and Judicial Activity

The Court was widely welcomed by academics, politicians, and legal professionals. Its establishment was regarded as an important advancement in international legal order. Prominent commentators expressed enthusiasm for what they viewed as a milestone in the evolution of global justice, and the presence of an American judge—despite the United States not joining the Court—was particularly praised.
The Court’s early years were marked by significant activity. In 1922 it received nine matters, including both cases and requests for advisory opinions. It issued early decisions on nationality questions, territorial disputes, and issues related to the International Labour Organization. Over the following decade it continued to rule on important cases such as the SS Wimbledon case, the Factory at Chorzów case, and disputes relating to the Treaty of Neuilly, among others.
Its workload fluctuated but included years of substantial activity, such as 1925 and 1927, when the Court sat for extended sessions and delivered multiple decisions. New judges were periodically elected due to resignations, deaths, or mandated elections following term completions. Over time, the presidency passed to distinguished jurists such as Max Huber, Dionisio Anzilotti, and Mineichirō Adachi.

Administrative Development and Challenges

Judicial pensions were established in 1924, and procedural refinements were introduced in subsequent years. Extraordinary and ordinary sessions were common as the Court adapted to increasing numbers of cases. Complex questions involving nationality, economic rights, and treaty interpretations dominated its docket.
Despite many states’ willingness to participate, the United States never joined the Court. Opposition within the U.S. Senate, largely reflecting anti-League sentiments, prevented ratification of the relevant protocol. Although successive American administrations expressed support, the insistence on a veto over advisory opinions hindered membership.

Decline and Dissolution

By the 1930s, rising international tensions and deteriorating cooperation within the League of Nations reduced reliance on the Court. As geopolitical conflict overshadowed legal approaches to dispute resolution, fewer cases were submitted. The Second World War effectively paralysed the Court, although it formally continued to exist until 1946.
On 18 April 1946 the League of Nations was dissolved, and the Permanent Court of International Justice ceased to exist. It was succeeded by the International Court of Justice, created under the Charter of the United Nations and inheriting much of the PCIJ’s statute and jurisprudential legacy.