In Full Flower 333judge, with some procedure devised for allocating judges to individual
cases. Others maintained that the number of judges should be small enough
that most (or all) of them would sit on all cases, so as to enable the court’s
case law to have a strong element of continuity. Small states were reluctant
to agree to this, on the thesis that major powers would always have judges of
their nationality on the bench (de facto if not de jure), leaving too little scope
for the rest of the world. As a result of this disagreement, the draft conven-
tion was simply silent on the point. It was hoped that the vexed question
could be resolved aft er the conference by negotiations between the various
states. Th is did not prove successful, though, so this proposal also failed to
bear fruit.
Th e third plan for an international court did achieve a modicum of suc-
cess. It was drawn up in 1907, but not at the Hague Conference. At a gather-
ing in Washington, D.C., the U.S. government induced the fi ve countries of
Central America to conclude a series of treaties to bring peace to the region.
One of the arrangements has already been noted— the adoption of the Tobar
Doctrine on recognition of unconstitutional governments. In addition,
one of the conventions provided for the establishment of a Central Ameri-
can Court of Justice. It even allowed cases to be brought before the court
by private parties, as well as by states. Th e following year, the court began
operations in Cartago, Costa Rica— the very fi rst standing international
tribunal in the history of the world. In its fi rst year in operation, it adjudged
Guatemala and El Salvador to be responsible for instigating a revolution in
Honduras.
Th e Central American Court did not, however, have either a long or a
happy existence. A dispute that arose in 1914 brought it to an inglorious end.
Th e contention concerned a treaty between the United States and Nicaragua
on the construction of a transisthmian canal and naval base. Th e govern-
ments of Costa Rica and El Salvador objected that various rights of theirs
would be infringed. Aft er a judgment in favor of these claims in 1916– 17,
Nicaragua withdrew from membership of the court. Th e American govern-
ment joined it in refusing to recognize the decision. Th is controversy brought
the court’s career to an end, and it was offi cially dismantled in March 1918.
Th e world therefore had to wait before it had a truly permanently existing
international court. Some material progress was made, though, in the form
of bricks and mortar, compliments of Andrew Carnegie. In 1907, during the