On Saturday the Permanent Court of International Justice at The
Hague gave its decision on the question— referred to it by the Council of the League—whether the proposed Customs Union was compatible with the Treaty of St. Germain and with the Geneva Protocol of 1922. These documents required Austria " not to alienate its independence " without the consent of the Council of the League. Eight of the judges found that the Customs Union would infringe the Protocol, but seven took the opposite view. Seven thought it a violation of the Treaty, and seven did not. The minority, including Sir Cecil Hurst, Baron Rolin-Jaequemyns and Mr. Kellogg, were unable to see how Austria's inde- pendence would be imperilled if the Customs Union came about. It must be said that the judgement has a definitely political aspect, as the representatives of the Latin coun- tries were in the majority. However, in the circum- stances, it is just as well that this apple of discord has been removed from the European councils. The Customs Union might have had a happier fate if it had been more tactfully introduced last March.
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