Grand Days

by Frank Moorhouse

  The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

  ARTICLE VI

  The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary-General and such secretaries and staff as may be required.

  The first Secretary-General shall be the person named in the Annex; thereafter the Secretary-General shall be appointed by the Council with the approval of the majority of the Assembly.

  The secretaries and staff of the Secretariat shall be appointed by the Secretary-General with the approval of the Council.

  The Secretary-General shall act in that capacity at all meetings of the Assembly and of the Council.

  The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universal Post Union.

  ARTICLE VII

  The Seat of the League is established at Geneva.

  The Council may at any time decide that the Seat of the League shall be established elsewhere.

  All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women.

  Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and immunities.

  (While resident in Foreign Courts, diplomats are exempt in a very great degree from the operation of the local law. Their persona are inviolable, unless they are actually plotting against the security of the state to which they are accredited, in which case they may be arrested and sent out of the country. They are free from legal processes directed against the person, unless they voluntarily consent to waive their privilege and appear in court. Their wives, families, and servants share the same immunities to a very considerable, but ill-defined, extent. Their property, too, has many immunities, especially the official residence and except in extreme cases it may not be entered by the local authorities.)

  The buildings and other property occupied by the League or its officials or by Representatives attending its meetings shall be inviolable.

  ARTICLE VIII

  The Members of the League recognise that the maintenance of the peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations.

  The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.

  Such plans shall be subject to reconsideration and revision at least every ten years.

  After these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the Council.

  The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections. The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety.

  The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval, and air programmes, and the condition of such of their industries as are adaptable to warlike purposes.

  (This article makes it plain that here is to be no dictation by the Council or anyone else as to the size of national forces. There was a suggestion that a Commission be given a general power of inspection and supervision of armaments. It was rejected because such a power would not be tolerated by many national states and would cause friction and hostility to the idea of the League. Preparation for war on a large scale cannot be concealed, while no inspection could hope to discover such really important secrets as new gases and explosives and other inventions of war.)

  ARTICLE IX

  A Permanent Commission shall be constituted to advise the Council on the execution of the provision of Articles I and VIII, and on military, naval and air questions generally.

  ARTICLE X

  The Members of the League undertake to respect and preserve against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

  (Here there would seem to be difficulty. Modern democracies are not easily worked up to the point of hostilities, particularly when the issue at stake is remote and to the public unfamiliar. Again, the incidence of the burden of declaring and conducting war is not uniform. The only way out seems to be in postulating of the ‘new order’ a desire to avoid and not provoke disputes, and in a thorough ventilation by all means known to experts of publicity of the points at issue.)

  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 ‘candid 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 ‘open 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.)
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  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 (1817–1825), who did not want America becoming a theatre for the intrigues of European absolutism, and of their ‘gentlemen’s agreement’ with Japan as to immigration of yellow labour into the Pacific states.)