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Natalie Klein, University of New South Wales, Sydney,Kate Purcell, University of New South Wales, Sydney,Jack McNally, University of New South Wales, Sydney
Following World War I, the regulation of submarines was manifested in several signature developments that are discussed in this chapter. Following disarmament requirements in the Treaty of Versailles, the major powers further sought to limit armaments, especially submarines, through the negotiation of the 1922 Submarine Treaty and the 1930 London Naval Treaty. These agreements purported to restrict the number of submarines and other naval vessels held by any one State, but were ultimately unsuccessful. Also in the inter-war period, agreement was sought on the regulation of the Turkish Straits, with restrictions imposed on Turkey’s control over these waters and stipulating what vessels were allowed passage and under what conditions. Finally, the 1930 Hague Codification Conference entailed detailed discussions over the rights of warships, submarines and other vessels in the territorial sea. While this conference did not lead to the adoption of a treaty, the work achieved influenced subsequent codification efforts.
This chapter sets the scene for an appreciation of the contemporary relationship between the Court and the Commission by tracing its roots in the broader ideal of the pacific settlement of disputes and the rule of law in international affairs. Taking stock of developments dating back to the nineteenth century, it illustrates that the long-standing movements for an international court and for an international code were not unrelated, and that a certain vision did exist for the way in which their present institutional manifestations were to interact. That original vision, which has been lost in time, has thus far attracted less attention from commentators than its importance requires.
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