Authors: Frank Moorhouse
Grand Days (71 page)
ARTICLE XI
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise, the Secretary-General shall on the
request of any Member of the League forthwith summon a meeting of the Council.
It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.
(This international encouragement of the âcandid friend' is not without its importance. A similar provision in the 1st Hague Peace Conference (1899) enabled President Roosevelt to hasten peace between Russia and Japan.)
ARTICLE XII
The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or to inquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the report by the Council.
(Indulgence in hostilities without waiting for arbitration or inquiry is the only international crime bringing immediate outlawry by the mechanical severance of relations between the guilty party and all the remaining Powers. It is, accordingly, the kernel of this whole agreement.)
In any case under this Article the award of the arbitrators shall be made within a reasonable time, and the report of the Council shall be made within six months of the submission of the dispute.
ARTICLE XIII
The Members of the League agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration.
Disputes as to the interpretation of a treaty, as to a question of international law, as to the existence of any fact which if established would constitute a breach of any international obligations, or as to the extent and nature of the reparations to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration.
For the consideration of any such dispute the court of arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention existing between them.
The Members of the League agree that they will carry out in full good faith any award that may be rendered and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto.
ARTICLE XIV
The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.
(Ultimately, and in the long run, the only alternative to war is law, and for the enthronement of law there is required such a continuous development of international jurisprudence, at present in its infancy, as can only be supplied by the progressive judgements of a Permanent Court working out its own traditions.)
ARTICLE XV
If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration as above, the Members of the League agree that they will submit the matter
to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General who will make all necessary arrangements for a full investigation and consideration thereof.
For this purpose the parties to the dispute will communicate to the Secretary-General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.
The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate.
If the dispute is not then settled, the Council, either unanimously or by a majority vote, shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.
Any Members of the League represented on the Council may make public a statement of the facts to the dispute and of its conclusions regarding the same.
If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.
If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.
If the dispute between the parties is claimed by one of them, and is found by the Council to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.
The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such a request be made within
fourteen days after the submission of the dispute to the Council.
In any case referred to the Assembly, all the provisions of this Article and of Article XII relating to the action and powers of the Council shall apply to the actions and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute.
ARTICLE XVI
(It is true that, in default of a strong international striking force, ready for instant action in all parts of the World, the Members of the League must make their own arrangements for immediate self-defence against any force that could suddenly be concentrated against them
.
But where the aggression is not sudden, it is certain that those Powers which suspect a breach of the Covenant will have consulted together unofficially to decide on precautionary measures. These meetings will develop into the Supreme War Council of the League, advised by a military joint staff.)
Should any Member of the League resort to war in disregard of its covenants under Articles XII, XIII, XV, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nations and the nationals of the covenant-breaking States, and the prevention of all financial, commercial, or personal intercourse between the nationals of the Covenant-breaking State and the nationals of any other state, whether a Member of the League or not.
It shall be the duty of the Council in such cases to recommend to the several Governments concerned what effective military, naval, or air
force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.
The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the Covenant-breaking State, and that they will take the necessary steps to afford passage through their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.
Any Member of the League which has violated any Covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.
ARTICLE XVII
In the event of a dispute between a Member of the League and a State which is not a Member of the League, or between States not Members of the League, the State or States not Members of the League shall be invited to accept the obligations of membership of the League for the purposes of such dispute, upon such conditions as the Council may deem just. If such invitation is accepted the provisions of Articles XII to XVI inclusive shall be applied with such modifications as may be deemed necessary by the Council.
Upon such invitation being given the Council shall immediately institute an inquiry into the circumstances of the dispute and recommend such action as may seem best and most effectual in the circumstances.
If a state so invited shall refuse to accept the obligations of membership in the League for the purpose of such dispute, and shall resort to war against a Member of the League, the provisions of Article XVI shall be applicable as against the State taking such action.
If both parties to the dispute when so invited refuse to accept the obligations of membership in the League for the purposes of such
dispute, the Council may take such measures and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.
(All these provisions are new, and together they mark an enormously important advance in international relations.)
ARTICLE XVIII
Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwith registered with the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.
(This clause is aimed at securing so-called âopen diplomacy'. It was the custom before the War for Governments to accompany treaties concluded by them and actually published, with secret understandings which did not see the light of day. This will henceforth be impossible. It is particularly encouraging to realise that the use of publicity in international affairs at last seems realised. The obscure issues from which international quarrels arise will be dragged out into the light of day, and the creation of an informed public opinion made possible. It is a subject upon which much might be written.)
ARTICLE XIX
The Assembly may from time to time advise the reconsideration by Members of the League of treaties which have become inapplicable and the consideration of international conditions whose continuance might endanger the peace of the world.
ARTICLE XX
The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understanding
inter se
which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.
In case any Members of the League shall, before becoming Members of the League, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such a Member to take immediate steps to procure its release from such obligations.
ARTICLE XXI
Nothing in this Covenant shall be deemed to affect the validity of international engagements such as treaties of arbitration or regional understandings like the Monroe Doctrine for securing the maintenance of peace.
(This is aimed at reassuring American sensitiveness with regard to the inviolability of their Monroe Doctrine whereby European powers were warned off transatlantic territory and transatlantic politics by the then President of the United States, James Monroe (1817â1825), who did not want America becoming a theatre for the intrigues of European absolutism, and of their âgentlemen's agreement' with Japan as to immigration of yellow labour into the Pacific states.)
ARTICLE XXII
To those colonies and territories which as a consequence of the late War have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that
securities for the performance of this trust should be embodied in this Covenant.
The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience, or their geographical position, can best undertake this responsibility, and who are willing to accept, and that this tutelage should be exercised by them as Mandatories on behalf of the League.
The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions, and other similar circumstances.