THE LEAGUE OF NATIONS 
 
 AND THE 
 
 NEW INTERNATIONAL LAW 
 
 BY 
 JOHN EUGENE HARLEY, A.M. 
 
 FORMERLY CARNEGIE FELLOW IN INTERNATIONAL LAW 
 HARVARD UNIVERSITY 
 
 ASSISTANT PROFESSOR OP POLITICAL SCIENCE, 
 UNIVERSITY OF SOUTHERN CALIFORNIA 
 
 hfEW YORK 
 OXFORD UNIVERSITY PRESS 
 
 AMERICAN BRANCH: 85 West 82nd STBiaar 
 LONDON, TORONTO. MELBOURNE AND BOMBAY 
 
 1921 
 

 Copyright, 1921 
 BY Oxford University Press 
 
 AMERICAN BRANCH 
 
 Printed in U. S. A. 
 
TO 
 
 MY MOTHER 
 
 AND 
 
 THE AMERICAN BOYS WHO 
 DIED IN FRANCE 
 
 "It is vncked not to try to live up to 
 high ideals and to better the condition 
 of the world." — Theodore Roosevelt 
 
 December 11, 1918 
 
 458573 
 
INTRODUCTION 
 
 That for which Hugo Grotius plead is coming to pass: 
 war is to be outlawed. Certain kinds of war are to be re- 
 garded, for the first time in history, as illegal; and, that 
 which is of equal importance, the nebulous thing known as 
 international law is, likewise, for the first time in history, 
 to have a sanction so that the word " illegal " as appHed to 
 the action of States will have real significance. 
 
 This is the subject of Mr. Harley's treatise. Few things 
 could be more timely and few statements could be more 
 basic, more refreshingly new nor more happily made. Take 
 this bit, summarizing the kinds of war which are now 
 become illegal for the signatories to the Paris Covenant: 
 
 "1. A war of conquest or external aggression is illegal; 
 
 " 2. A war resorted to by one member after the matter in 
 dispute has been the subject of an arbitral award which is 
 complied with by the other disputant is an illegal war; 
 
 "3. A war is illegal if resorted to by a member in disregard 
 of a unanimous recommendation by the Council (excluding 
 disputants) which is complied with by the other disputing 
 member; 
 
 "4. All wars between members of the League are illegal if 
 begun before a delay period of from three to nine months 
 has elapsed." 
 
 Under the Paris Covenant a signatory beginning war 
 illegally is deemed, ifso facto, to *' have committed an 
 act of war against all other members of the League," who 
 must thereupon discontinue intercourse of every kind with 
 the offender and may be called upon to make war upon it. 
 
vi INTRODUCTION 
 
 Isn't this worth while, even if the Covenant had done 
 nothing more? But the Covenant does much more. Be- 
 sides planning new instruments for setthng disputes peace- 
 fully, such as the court of law, the Council and the Assembly; 
 for controlling the armament madness — the sense of 
 security which will follow the punishment of the wanton 
 aggressor will make this possible — for united action to 
 better the conditions of labor, the Covenant plans that 
 great step toward more enduring peace, namely, the defini- 
 tion of that law under the reign of which the nations may 
 live together and compose their interests just as the indi- 
 vidual has long done under municipal law. Mr. Harley 
 points out that these ends are to be achieved by a "new 
 international person " to which the nations surrendered 
 only those attributes of sovereignty needed to eflfect the 
 purpose in view. In so doing they feel that they are making 
 the residue and more vital part of their sovereignty — that 
 which was retained by them — more secure from outside 
 interference and attack. This is nothing other than the 
 principle, long ago recognized, that true Uberty is attain- 
 able only through a surrender of hcense — in this case the 
 license to indulge in the pastime of war whenever it suited 
 a people or their rulers to do so. Under the League, some- 
 thing of that Hcense still persists, but much of it, as we 
 have seen, is gone. Another sovereign right hitherto 
 highly prized, the right to remain neutral, was likewise 
 surrendered in the common interest. The aim of the 
 surrender, as Mr. Harley sees it, is to clothe a " continuous 
 international agency " with just so much power as will make 
 reasonable of expectation " the maintenance of international 
 peace and security, and the promotion of international 
 cooperation, through the development of international law." 
 This agency is not a State, for the territories of the nations 
 
INTRODUCTION vii 
 
 which have set it up are not its territories and their peoples 
 are not its nationals. According to Mr. Harley's view, it 
 does not exercise the powers which Confederations have 
 usually exercised, and, at the same time, is more than an 
 Alliance the action of which is not continuous but which, 
 as a rule, comes into play only under specified conditions. 
 At the same time, this " new international person," the 
 League of Nations, is a subject of international law, its 
 officials and representatives enjoy diplomatic privileges 
 and immunities when engaged on the League's business, 
 and in connection with its trusteeship of the Saar Basin 
 it is vested with legal title to, and authority over, the 
 actual territory administered. 
 
 It will be seen, from this brief introduction, what new 
 problems Mr. Harley is here dealing with and what interest 
 and importance attaches to them. 
 
 Theodore Marburg 
 
CONTENTS 
 
 PAOS 
 
 Inthoduction. By Theodore Marburg, fonner United States Minister to 
 
 Belgium v-vii 
 
 CHAPTER I 
 Conceptions op International Law 1-7 
 
 CHAPTER II 
 Methods bt which Internationaij Law is Developed 8-18 
 
 CHAPTER III 
 Codification op International Law 14-18 
 
 CHAPTER IV 
 The Intebnational Labor Organization 19-21 
 
 CHAPTER V 
 International Law during the War 22-27 
 
 CHAPTER VI 
 
 In Certain Cases War made an Illegal Process bt the Covenant. . . 28-31 
 
 CHAPTER VII 
 
 Settlement op Disputes 32-38 
 
 CHAPTER VIII 
 Some Modifications is the Theory op International Law 39-44 
 
 CHAPTER IX 
 The Question op Sanctions 45-48 
 
 CHAPTER X 
 Thb Juridical Status op the League of Nations 49-57 
 
 CHAPTER XI 
 Conclusions 58-59 
 
 APPENDICES 
 
 I. The Smuts PROPoaA.Ls for a League of Nations 61-65 
 
 II. A Draft of the Composite Covenant made bt the Legal Advisers 
 
 OP THE Commission on the League of Nations 66-72 
 
 III. The Original and Revised Drafts of the Covenant arranged in 
 
 Parallel Columns 73-98 
 
 IV. Table showing International Administrative Organizations 99-100 
 
 V. Table op the Cases decided bt the Permanent Court op Arbitra- 
 tion of 1899 AND 1907 101-108 
 
 VI. Declaration of the Rights and Duties of Nations 109 
 
 VII. Draft Schebce for the Permanent Court of International Justice 1 10-122 
 VIII. Council's Letter submitting Court Schebib to the Governments 
 
 OP THE Interested States 128 
 
 a 
 
THE LEAGUE OF NATIONS 
 
 AND THE 
 
 I^EW IXTEEI^ATIOIfAL LAW 
 
 CHAPTER I 
 
 CONCEPTIONS OF INTERNATIONAL LAW 
 
 " By painful stage after stage," said President Wilson, 
 ** has that law [international law] been built up with 
 meager enough results indeed after all was accomphshed 
 that could be accomphshed, but always with a clear view 
 at least of what the heart and conscience of mankind de- 
 manded." ^ Some of those stages, which are referred to by 
 the President, include the academic struggle which has been 
 more or less in evidence since the time of Grotius, as to what 
 conception of international law was correct, if, indeed, there 
 was any law at all, which has by some writers been seriously 
 questioned. The conceptions which have received any 
 considerable following will be considered briefly. 
 
 The Orotian School. — Properly enough the conception 
 of international law held by Grotius has been made the 
 basis for the discussions of later writers and statesmen. 
 This great Dutch jurist, who is well called the father of 
 international law, set forth his views in 1625 in a work 
 that has become a classic. " Natural law," he believed, 
 " is the dictate of right reason, pronouncing that there is 
 in some actions a moral obhgation, and in other actions 
 
 » April 2, 1917. 
 1 
 
« THE LEAGUE OF NATIONS AND 
 
 a moral deformity, arising from their respective suitableness 
 or repugnance to the rational and social nature, and that 
 consequently such actions are either forbidden or enjoined 
 by God the author of nature. Actions which are the subject 
 of this exertion of reason are in themselves lawful or un- 
 lawful, and are, therefore, as such necessarily commanded 
 or prohibited by God. . . ." ^ 
 
 " In the subject now in question [that is, natural and 
 international law] this cause [of concurring sentiment of 
 writers, historians and philosophers] must be either a just 
 deduction from the principle of natural justice, or imiversal 
 consent. The first discovers to us the natural law, the 
 second the law of nations. ... If a certain maxim, which 
 cannot be fairly inferred from admitted principles, is, 
 nevertheless, found to be everywhere observed, there is 
 reason to conclude that it derives its origin from positive 
 institution." ^ 
 
 Grotius saw clearly enough that the law of nature was 
 of itself insufficient for governing the intercourse between 
 nations, and he recognized that principles of international 
 law arose by agreement of minds and by common consent 
 found in custom and tacit compact {moribus et pacto tacito 
 introductum) .^ This class of law he called jus gentium 
 voluntarium or jus constitutum. Here is seen a distinction 
 between natural law and the law of nations which is created 
 by positive institution: a distinction which gave rise to 
 the two schools of international law called the naturalists 
 and the positivists. The difference between natural law 
 and international law, as conceived by Grotius, was that 
 the former is a body of necessarily existing, fundamental 
 principles determined by God, the author of nature, without 
 
 ^ De Jure BeUi ac Pads, lib. I, cap. I, sect. X, 1, 2. 
 2 Ibid., Prolog, sect. XLI. ' Ibid., sect. XVII. 
 
THE NEW INTERNATIONAL LAW 3 
 
 which nations as such cannot exist. The latter is a body of 
 laws created by universal consent, positive institution, and 
 agreement of the collective opinion of mankind. 
 
 The Hobbes' Conception. — The philosopher Hobbes 
 identified natural law and mtemational law. Writing in 
 1647, about two decades after Grotius' great work appeared, 
 he stated that " natural law may be divided into the 
 natural law of men and the natural law of States, conunonly 
 called the law of nations. The precepts of both are the 
 same; but since States, when they are once instituted, 
 assume the personal quahties of individual men, that law, 
 which when speaking of individual men, we call the law 
 of nature, is called the law of nations when appUed to whole 
 States, nations, or peoples." ^ While Hobbes here identifies 
 natural and international law, he does differentiate the 
 subjects to which each apphes. In his conception there is 
 no place for positive or instituted law which was conceived 
 by his predecessor, Grotius. 
 
 Pufendorf*s Conception. — The German writer, Pufen- 
 dorf, who while ambassador to Switzerland, was imprisoned 
 in violation of international law, wrote a volume on inter- 
 national law while he was in prison. Doubtless he was 
 inspired to his task by the breach of the age-long principle 
 of inviolability of an ambassador's person and premises 
 and by the further fact that he had ample time, while in 
 his lonely prison cell, to set down his thoughts. " Natural 
 law," he wrote, " is that which is so exactly fitted to suit 
 with the rational and social nature of man that he cannot 
 maintain peaceful fellowship without it. Positive law, on 
 the other hand, is sometimes called voluntary, because no 
 positive law has such an agreeableness with human nature 
 as to be necessary in general for the preservation of man- 
 
 1 De Cive, cap. XIV, sect 4 (1647). 
 
4 THE LEAGUE OF NATIONS AND 
 
 kind, or as to be known or discovered without the help of 
 express and pecuUar promulgation." ^ 
 
 Elsewhere, he held that positive international law 
 actually flows from natural law, besides which there is " no 
 other sort of law of nations, voluntary or positive, at least 
 which has the force of law properly so called, binding upon 
 nations as emanating from a superior." ^ Ji is here seen 
 that Pufendorf practically identifies natural law, and inter- 
 national law, which he beheved had no force unless it were 
 founded on natural law itself. 
 
 Phillimore's Conception. — The eminent English au- 
 thority, Sir Robert PhilUmore, has expressed in very 
 clear terms the relation between natural and positive 
 law: 
 
 " The necessity of mutual intercourse is laid down in 
 the nature of States, as it is of individuals, by God, who 
 willed the State and created the individual. The inter- 
 course of nations, therefore, gives rise to international rights 
 and duties, and these require an international law for their 
 regulation and enforcement. That law is not enacted by 
 the will of any common superior upon earth, but it is enacted 
 by the will of God; and it is expressed in the consent, 
 tacit or declared, of independent nations. The law which 
 governs the external affairs, equally with that which governs 
 the internal affairs, of States receives accessions from custom 
 and usage, binding the subjects of them as to things which, 
 previous to the introduction of such custom and usage, 
 might have been in their nature indifferent. Custom and 
 usage, moreover, outwardly express the consent of nations 
 to things which are naturally, that is, by the law of God, 
 binding upon them. But it is to be remembered that, in this 
 
 ^ Law of Nature and of Nations, Book I, ch. IV, sect. 18. 
 * Ibid., Book II, ch. lU, sect. 23. 
 
THE NEW INTERNATIONAL LAW 5 
 
 latter case, usage is the efed and not the cause of the 
 law." » 
 
 The Austinian School. — The English jurist, Austin, 
 and others who have looked to him as the expounder of 
 their views, denied that international law was law at all, 
 in the true sense. He thought that there was no inter- 
 national law in the same sense that there is a municipal 
 law, because there was no common pohtical superior to 
 enforce the former. His view is the more interesting when 
 the sanctions established by the Covenant are kept in 
 mind. He wrote thus in 1832: 
 
 "Laws are commands proceeding from a determinate 
 rational being, or a determinate body of rational beings to 
 which is annexed an eventual evil as the sanction. Such 
 is the law of nature, more properly called the law of God, 
 or the divine law; and such are political human laws 
 prescribed by pohtical superiors to persons in a state of 
 subjection to their authority. But laws imposed by general 
 opinion are styled laws by an analogical extension of the 
 term. Such are the laws which regulate the conduct of 
 independent pohtical societies in their mutual relations, 
 and which are called the law of nations or international law. 
 The law obtaining between nations is not positive law; for 
 every positive law is prescribed by a given superior or 
 sovereign to a person or persons in a state of subjection to 
 its author. The rule regarding the conduct of sovereign 
 States, considered as related to each other, is termed law 
 by its analogy to positive law, being imposed upon nations 
 and sovereigns, not by the positive command of a superior 
 authority, but by opinions generally current among nations. 
 The duties which it imposes are enforced by moral sanctions: 
 by fear on the part of nations, or by fear on the part of 
 
 1 Interncctional Law, I, Preface (1832); italics mine. 
 
6 THE LEAGUE OF NATIONS AND 
 
 sovereigns, of provoking general hostility, and incurring its 
 probable evils, in case they should violate maxims generally 
 received and respected." * 
 
 The Conception of International Law under the League 
 of Nations. — From these conceptions of international law 
 held from the time of Grotius down to the present time, 
 what satisfying conclusions can be drawn? Can these older 
 views be restated or harmonized in such a way that a student 
 of international law may not be confused by a variety of 
 conceptions of his science? And, finally, what conception 
 best harmonizes with the underlying principles of the 
 League? 
 
 It is evident at the outset that the view of Austin and 
 those who hold that international law is not positive law 
 must be discarded. One has only to cite that section of 
 the Versailles Treaty which provides for the trial of certain 
 Germans for the violation of the laws and customs of war 
 to convince those who are inchned to doubt the existence 
 of positive law for the nations. ^ Additional evidence is 
 furnished by the sanction article of the Covenant which 
 provides punishment for those members who disregard the 
 principles agreed to in the dociunent (Article XVI). The 
 inadequacy of the Austin view is well pointed out by the 
 EngUsh writer, T. J. Lawrence. He shows that Austin's 
 conception of law utilizes " one element only [that is, force] 
 in the ordinary conception of law, elaborating it to the 
 exclusion of the rest." ' Instead of making the definition 
 of international law turn on force, Mr. Lawrence suggests 
 that the universal desire for order should be the essential 
 
 * Province of Jurisprudence, pp. 147-148. (London, 1832.) 
 
 * See Article 4 of the new German constitution, footnote to Appendix VI. This 
 article declares that the principles of international law are recognized as an integral part 
 of the law of the German Commonwealth. • 
 
 » International Law, p. 12 (Boston, 1900). 
 
THE NEW INTERNATIONAL LAW 7 
 
 element in the definition. The underlying philosophy of 
 the League of Nations is just that. The purpose of the 
 League is to make international law the actual rule of 
 conduct to the end that international order may be main- 
 tained. To accomphsh this purpose it adopts certain 
 sanctions which will be used as a last resort, but the desire 
 for order as expressed by the public opinion of the world is 
 the true and ultimate force which will sustain the League 
 in its effort to maintain order through international law. 
 
 Pubhc opinion is based on natural law which is that 
 body of rules of justice and right which God the author of 
 these rules unfolds to nations in their intercourse with one 
 another. But these rules must be expressed. They cannot 
 all be expressed at once; as nations progress, however, 
 more and more of the natural laws are adapted as positive 
 international laws. They are made known to all nations 
 through the five methods of development of international 
 law outlined elsewhere in this study. ^ Until so expressed 
 and made known, they are only potential. They are, to 
 adapt the phrase of Phillimore, binding upon States in 
 matters which, " previous to the introduction of custom 
 and usage, might have been in their nature indifferent. . . . 
 Usage [and this last statement apphes to the other methods 
 of developing the law] is the efect and not the cause of the 
 law." 2 
 
 1 Pp. 8-13. 
 
 * International Law, I, Preface (1832); italics mine. 
 
CHAPTER II 
 
 METHODS BY WHICH INTERNATIONAL LAW IS DEVELOPED 
 
 There are five methods by which international law 
 comes into being: first, by agreement of eminent authorities 
 upon a principle; second, by custom; third, by treaties; 
 fourth, by judicial decisions; and fifth, by international 
 congresses. 
 
 Writers. — Concerning this method of developing the 
 law, the observation of Triepel respecting the right of 
 enemy merchantmen to oppose capture, is to the point: 
 " Es ist hier wie so oft in unserer Diziplin gegangen: der 
 Spatere schrieb von den Fruheren ab, ohne sich viel Ge- 
 danken zu machen." ^ 
 
 While the influence of learned writers upon the develop- 
 ment of international law has been considerable, ^ in the 
 very nature of things their opinions can only aid in the slow 
 process of developing the law. Particularly is this true 
 regarding questions which are of a broad and complex 
 nature or which involve national interest. In no better 
 way can this point be illustrated than by a consideration 
 of the opinions of authorities concerning the great law of 
 angary which was apphed by the Allied and Associated 
 Powers, particularly the United States and Great Britain, 
 when they took over 1,000,000 tons of Dutch shipping in 
 
 * H. Triepel, "Wideratand feindlicher Handelsschiffe gegen die;Aiifbringung," Zeii- 
 schriftfiir VHkerrecht, VIH, p. 392. 
 
 ' Upon receiving some copies of Vattel's work on international law, Benjamin Frank- 
 lin wrote in 1775 that it had come to him "in good season, when the circumstances of a 
 rising State made it necessary frequently to consult the law of nations," and that the work 
 "has been continually in hands of the members of our Congress now sitting," Wharton's 
 Diplomatic Correspondence of the American Rewltdion, II, p. 64. 
 
THE NEW INTERNATIONAL LAW 9 
 
 1918 during the World War. The range of opinions re- 
 garding this law extended from those denying entirely the 
 right to apply the law, to those which held it might be 
 apphed even in case of a customary mihtary necessity. 
 Among sixty-eight authorities treating the subject, fifty 
 were of the opinion that the law was apphcable, while 
 eighteen beUeved that it was not.^ Other examples of 
 questions as to which wide difference of opinion exists 
 among authorities is the obligation to ratify treaties, and 
 the immimity of private property from capture at sea. 
 
 Custom. — A rule of customary law may be described 
 as a rule which is legally necessary and permissible and 
 which develops from oft-repeated practices and procedure 
 among the nations. The body of rules respecting ambassa- 
 dors and ministers have largely developed by this method. 
 The diplomatic privileges and immunities which these 
 representatives enjoy are for the most part the outcome 
 of a long historical and cumulative growth. 
 
 The international commission and administrative agen- 
 cies develop customary international law. Speaking of 
 the international commissions which served in connection 
 with the making of the Versailles Treaty of 1919, Professor 
 Charles H. Haskins of Harvard who served on the Saar 
 Basin Conunission said: " Considered at first as gatherers 
 and sifters of evidence these commissions tended to acquire 
 more responsibihty and to make their reports in the form 
 of draft articles for the treaty. . . . The historian of the 
 future will be able to compare the printed minutes and 
 reports, and see how far they were followed." ^ 
 
 While the temporary commissions thus actually wrote 
 
 * J. E. Harley, "The Law of Angary," Am. Jour. Int. Law, April, 1919, p. 275. 
 
 * From a lecture delivered in Boston under the auspices of the Lowell Listitute, 
 Jan. 6, 1920. Boston Evening Transcript, Jan. 7, 1920. 
 
10 THE LEAGUE OF NATIONS AND 
 
 into the treaty principles, some of which will become inter- 
 national law by virtue of being agreed to by many nations, 
 the more permanent commissions should, in the nature of 
 the case, be more fruitful in developing principles of the 
 law. After the Lower Danube Commission had been in 
 operation for some time, the European Powers which took 
 part in that commission declared that the arrangement 
 relating to the administration of the river " henceforth 
 forms a part of the pubhc law of Europe and is placed imder 
 their guarantee." ^ It is from the numerous commissions 
 set up by the League Covenant and the Versailles Treaty 
 that international law will derive many of its principles. 
 
 Treaties. — The so-called conventional international 
 law is developed by treaties. When treaties between a 
 considerable number of nations, particularly the great 
 Powers, substantially agree as regards a given subject, 
 the principles so agreed on are soon regarded as international 
 law. As in case of customary law, however, this method 
 of developing the law is slow. Changing conditions develop 
 needs which should be met before waiting for conventional 
 law to be brought into being. Moreover, the conventional 
 method is an inadequate way of attaining universal recog- 
 nition of a rule. Carried to the extreme case, each Power 
 would by this method have to make a treaty with every 
 other Power, and if 48 Powers are considered, a total of 
 1128 treaties would have to be made.^ 
 
 The network of concihation treaties concluded by 
 Mr. Bryan in 1913 and 1914 while he was Secretary of 
 State went far on the road toward universahty, but only 
 
 ^ Edward Krehbiel, "The European Commission of the Danube," Polit. Sci. Quart. 
 March. 1918, p. 38. 
 
 * If n is the number of Powers, the number of possible treaties is expressed by the 
 
 formula • 
 
THE NEW INTERNATIONAL LAW 11 
 
 thirty such treaties were concluded between the United 
 States and other Powers. How much more satisfactory 
 is it to sign a common document hke The Hague Con- 
 ventions or the Versailles Covenant ! 
 
 Judicial Decisions. — The principles laid down by the 
 judicial decisions of national courts often receive acceptance 
 as principles of international law, particularly prize de- 
 cisions.^ The judge who sits on a prize case is expected to 
 apply international law to that case. Some judges, notably 
 Lord Stowell of Great Britain, have been so far able to 
 disregard national prejudice that they have rendered de- 
 cisions of remarkable fairness, and have actually appUed 
 international law as it relates to prizes. 
 
 The Constitution of the United States is not now what 
 it was in 1789. During the course of the one hundred and 
 thirty years of its life, it has been given a wealth of new 
 meaning in accordance with the changing conditions of the 
 country. Learned judges have read into its four corners 
 meanings of which its framers never dreamed, but those 
 interpretations have been admirably consistent with the 
 spirit of the great document. A great body of law which 
 today governs the United States is found in the reports of 
 the decisions of the Supreme Court. 
 
 In the field of international law fifteen cases have been 
 decided by the court estabhshed by the conventions of 
 1899 and 1907, signed at The Hague. Undoubtedly these 
 decisions will form precedents. Speaking of the 1907 project 
 for a Judicial Arbitration Court, Dr. James Brown Scott 
 said: " It was felt that there would be continuity in their 
 (the judges') decisions, with the result that international 
 
 ^ The Carnegie Endowment is publishing American Prize Decisions, embracing 173 
 cases heard by the Supreme Court of the United States between 1789 and 1918. Bee 
 note Am. Hist. Rev. Jan, 1920, p. 355. 
 
12 THE LEAGUE OF NATIONS AND 
 
 law would be developed by its judgments, just as national 
 law is developed by the decisions of national courts." ^ The 
 proposed Permanent Court of International Justice should 
 give continuity to international law. 
 
 International Congresses. — Finally, the most prolific 
 and the most satisfactory method of developing inter- 
 national law is by means of the international congress. 
 From such congresses, remarks Professor Krehbiel, " codified 
 law springs into being full-fledged." ^ Various congresses 
 formulated principles which up to the time of the first 
 Hague Conference had been accepted as international law. 
 Among the most important of these might be mentioned 
 the Congress of Paris, 1856, and the Geneva Congress of 
 1864. Many of the principles agreed on at the latter 
 congress were incorporated into the Hague Conventions, 
 particularly Conventions IV and X of 1907. They form 
 the most authoritative existing statement of international 
 law apphcable to the matters with which they treat. The 
 second Hague Conference made the accompUshment of 
 the first its point of departure, improving upon certain 
 parts of the work of the first conference and adding new 
 principles to meet new conditions. So universally were the 
 Hague regulations recognized as the latest and most au- 
 thoritative statement of international law regarding the 
 subject-matter treated that all recent texts base their 
 discussions upon these provisions, in many cases quoting 
 widely therefrom. 
 
 Even before the formulation of the League Covenant, 
 leading students of international affairs expressed cogently 
 their behef that further advancement should be made upon 
 the foundations laid at The Hague. " The Conventions 
 
 * Judicial SetAement of Internationcd Disputes, Feb. 1914, p. 9. 
 
 * "The European Commission of the Danube/' Pol. Sd. Quart., March 1918. p. 43. 
 
THE NEW INTERNATIONAL LAW 13 
 
 adopted at the Hague Conferences," said Professor Fen- 
 wick, " are undoubtedly a step forward in the task of 
 codifying international law, for with all their limitations 
 they represent an attempt on the part of the nations to 
 define the common practice of the past with the addition 
 of many new rules of a progressive character." ^ "In my 
 opinion," said the eminent Enghsh authority, Oppenheim, 
 " a League of Nations should start from where the two 
 Hague Conferences have left the work." ^ Likewise Presi- 
 dent Butler of Columbia believed that " if the votes of the 
 two Hague Conferences of 1899 and 1907 be taken as a 
 starting point it should not be diflScult to put into the draft 
 plan a succinct statement of the principles of international 
 law upK)n which the whole civiUzed world will agree."^^ 
 In his letter of March 29, 1919 to Mr. Hays, Mr. Root 
 stated that " the two great international conferences at 
 The Hague in 1899 and 1907 . . . made great progress 
 in agreeing upon and codifying the rules of international 
 law which this court [the permanent court of arbitration] 
 was to administer." 
 
 From these considerations the conclusions may be drawn 
 that leading students are agreed, first, that international 
 congresses are the best channel by which international law 
 can be developed; and second, that the work of the con- 
 gresses at The Hague should be made the basis of future 
 endeavor. 
 
 ^ Fenwick, C. G., "Codification of Int. Law," Am. Pol. Sci. Rev., May, 1918, p. 301. 
 
 » World Court, Feb., 1818, p. 74. 
 
 » "The Period of Aloofness is Past," World Court, March, 1919, p. 208. 
 
CHAPTER III 
 
 CODIFICATION OF INTERNATIONAL LAW 
 
 Realizing the unsatisfactory condition of international 
 law, many authorities and societies have suggested that in 
 so far as the development in certain branches have made it 
 practicable, international law should be definitely formulated 
 and codified. It is certain that there is a need for injprove- 
 ment in the condition in which international law now 
 stands. 
 
 Two notable attempts to draw up draft codes have been 
 made by individuals, both in the year 1872. In the preface 
 to his Draft Outlines of an International Code, David Dudley 
 Field, the American jurist, explains how he came to under- 
 take such a task. It was the original plan as proposed by 
 Mr. Field before the British Association for the Promotion 
 of Social Science, to have jurists of several nations assigned 
 a special field upon which to formulate the laws; they 
 were to exchange their views and finally agree upon a 
 completed draft. As might be expected from the difficulties 
 of such a gigantic task, the original plan was not carried 
 through, although the jurists were actually appointed. With 
 a resolution which must have been remarkable, Mr. Field 
 essayed the task of drawing up the bare outlines of a com- 
 plete code of international law. It was a noble attempt 
 but such a task can not be imdertaken by any one individual, 
 however learned. 
 
 In the same year the German pubHcist, BluntschH, 
 published a volume in which he attempted to set forth the 
 
 u 
 
THE NEW INTERNATIONAL LAW 15 
 
 principles of international law in draft form.^ He was influ- 
 enced by letters received from Francis Lieber who had 
 drawn up a code for the guidance of the American armies 
 in the field. " Ihr glucklicher Gedanke, der amerikanischen 
 Armee ein kurz gefasstes Kriegsrecht als Instruction ins 
 Feld mitzugeben, und mit Mahnungen des Rechts die 
 wilden Leidenschaften des Kriegs mogUchst zu zahmen, 
 hat mich zuerst zu dem Vorsatze angeregt, die Grundzuge 
 des modernen Volkerrechts in Form eines Rechtsbuchs 
 darzustellen, und Ihre Briefe haben mich ermutligt, dieses 
 Wagniss durchzufUhren. Ihre Kriegsartikel haben durch 
 die Autoritat des Prasidenten Lincoln eine amtliche Ver- 
 starkung erhalten, welche mein Rechtsbuch volUg entbehren 
 muss." 2 
 
 Like Field's code the work of Bluntschli failed to receive 
 acceptance as a universal code, although it had considerable 
 influence in fixing many principles. The work of Lieber 
 formed the basis of the laws and customs of war on land 
 which were formulated at the Brussels Conference in 1874 
 and revised by the Hague Conference of 1899. It also 
 suggested the possibility of drawing up rules for maritime 
 warfare, and in 1899 the Powers signatory to the third 
 Hague Convention, " adapted to maritime warfare the 
 principles of the Geneva Convention of 22d August, 
 1864." 3 
 
 Is the Assembly of the League to be a body which will 
 agree upon principles of international law appHcable to 
 all members of the League? In the composite plan sub- 
 mitted by Leon Bourgeois to President Wilson and the 
 Premiers of France, Italy, and Great Britain, the fourth 
 
 * Das moderne Volkerrecht der civUisierten Staaten als Rechtsbuch dargestellt (1872). 
 
 * Quoted by Dr. Bluntschli in the preface to his Draft Code. 
 » Preamble to Convention III of 1899. 
 
16 THE LEAGUE OF NATIONS AND 
 
 point provided that the members of the League should 
 " estabhsh an international representative council which 
 will provide for the development of international law." ^ 
 
 In answer to President Wilson's request that neutrals 
 send in proposed amendments to the original draft of the 
 Covenant, the International Conference ^ of the League 
 of Nations Societies which met at Berne from March 6-13, 
 1919, suggested that " an international Parliament elected 
 by the people should replace the assembly of delegates 
 proposed in the Paris text. This Parhament should have 
 full prerogatives and legislative powers, each country 
 electing one member for each 1,000,000 inhabitants." The 
 Commission on the League of Nations properly decided 
 that the world is not yet ready for such a Parhament. 
 Periodic congresses are at present the most feasible and 
 satisfactory method of developing the law. 
 
 The fourth point of the program of the League to 
 Enforce Peace, adopted November 23, 1918, provides for 
 a " representative Congress to formulate and codify rules 
 of international law." The third point of the program of 
 the World Court League likewise provides for " periodic 
 international conferences to formulate and codify rules of 
 international law to govern the decisions of the World 
 Court in all cases, except those involving any constituent 
 State which has within the fixed period signified its dissent." * 
 One of the Recommendations of Havana suggested January 
 23, 1917, by the American Institute of International Law 
 provides for " A stated meeting of The Hague Peace 
 Conference, which, thus meeting at regular, stated periods, 
 
 * Plan agreed on by the League of Nations Associations of the United States, Great 
 Britain, France, Italy, and others. Boston Evening Transcript, Feb. 3, 1919. 
 
 * Composed of delegates from sixty associations favoring a League of Nations. 
 Boston Evening Transcript, May 13, 1919. 
 
 » From platform of Feb., 1919, World Court. 
 
THE NEW INTERNATIONAL LAW 17 
 
 will become a recommending if not a law-making body." ^ 
 The British League of Free Nations Association declared 
 that " The Council of the League should . . . provide for 
 the codification, amendment, and extension of international 
 law." 2 
 
 One of the additions which Mr. Root proposed should 
 have been made to the original draft of the Covenant was 
 that " The Executive Council shall call a general conference 
 of the powers to meet not less than two years or more than 
 five years after the signing of this convention for the purpose 
 of reviewing the condition of international law, and of 
 agreeing upon and stating in authoritative form the princi- 
 ples and rules thereof." ' " I beheve," said Secretary of 
 State Lansing, that the adoption of "an international code 
 of principles for the guidance of an International Court of 
 Justice is as essential as the creation of the court itseK. . . . 
 Let us draft a simple and concise body of legal principles 
 to be applied to the questions to be adjudicated." * 
 
 Nothing is contained in the Covenant which gives to 
 the Assembly tJie express power of agreeing on principles 
 of international law. Article III provides that " The 
 Assembly shall meet at stated intervals and from time to 
 time as occasion may require. . , ." At these meetings it 
 may deal with " any matter within the sphere of action 
 of the League or affecting the peace of the world." And by 
 Article XIX it may consider international conditions whose 
 continuance might endanger the peace of the world. 
 
 It may be that the need for definite principles of inter- 
 national law will be so keenly felt that the members of the 
 League will allow the Assembly to formulate principles 
 
 » World CouH, Aug., 1918, p. 475. * Ibid., Nov., 1918, p. 673. 
 
 » See his letter to Mr. Hays, March 29, 1919, Am. Jl. Int. Law, July, 1919. 
 
 * From an address before the American Bar Association, Boston, Sept. 5, 1919. 
 
18 THE LEAGUE OF NATIONS 
 
 which to be binding would have to be ratified by the greater 
 Powers. It is unUkely that the most powerful members of 
 the League would feel an obligation to accept the recom- 
 mendations of the Assembly unless they wej-e allowed 
 freedom of action in accepting those recommendations. 
 
 At any rate, there appears a vital need for a body which 
 can agree on rules of international law. One of the reasons 
 for the creation of the League is to achieve international 
 peace by the firm estabhshment of the understandings of 
 international law as the actual rule of conduct among 
 Governments. Unless it is clearly known what these under- 
 standings are, it is obvious that one of the cardinal purposes 
 of the League cannot be fulfilled. 
 
CHAPTER IV 
 
 THE INTERNATIONAL LABOR ORGANIZATION 
 
 The International Labor Organization created by the 
 Covenant and treaty bids fair to make some contributions 
 to international law. The permanent machinery of this 
 organization is associated with that of the League of Nations 
 (Article 427). The reason for such association is that peace 
 can be established only if justice among the workers exists, 
 " Whereas the League of Nations has for its object the 
 establishment of universal peace and such a peace can be 
 established only if it is based upon social justice " (preamble, 
 Part XIII, Sect. I). The original members of the League 
 are the original members of the labor organization (Article 
 392). 
 
 A General Conference of representatives of members of 
 the League, chosen according to the stipulations of Article 
 389, is held from time to time and at least once a year. 
 The proposals of these conferences, determined by a two- 
 thirds vote of the delegates present, are referred back to 
 the respective Governments in the form of recommendations 
 to be made effective by national legislation or by ratification 
 if the proposals are made in the form of draft conventions 
 (Article 405). The members agree, within eighteen months, 
 to bring the recommendations before the proper national 
 authorities for action, but obligation ceases if such authori- 
 ties fail to pass the necessary legislation or to ratify the 
 draft convention. In the case of a federal State where 
 constitutional limitations regarding draft conventions exist, 
 such a convention may be treated as a recommendation so 
 
 19 
 
«0 THE LEAGUE OF NATIONS AND 
 
 far as procedure is concerned. A member which refuses to 
 refer the recommendations to the proper authorities of its 
 Government makes itself liable to have the matter in- 
 vestigated by a Commission of Inquiry or to have it made 
 the subject of a decision of the Permanent Court of Inter- 
 national Justice (Articles 411, 416). 
 
 The immediate contribution of the labor organization 
 to international law is best shown by a consideration of the 
 nine principles agreed on in Article 427.^ These are the 
 first fundamental and authoritative principles regarding 
 labor ever drawn up by an international conference. They 
 are not yet, strictly speaking, principles of international 
 law. They are principles which the members think " all 
 industrial communities should endeavor to apply " ; they 
 are regarded as of " special and urgent importance " 
 and as well fitted to " guide the poUcy of the League of 
 Nations " ; and finally, they are regarded as capable of 
 conferring " lasting benefits upon the wage earners of the 
 
 * These nine principles are: 
 
 1. The principle that labor should not be regarded merely as a commodity or article 
 of commerce. 
 
 «. The right of association for all lawful purposes by the employed aa well as by the 
 employers. 
 
 8. The payment to the employed of a wage adequate to maintain a reasonable stand- 
 ard of life as this is understood in their time and country. 
 
 4. The adoption of an eight-hours day or a forty-eight hoiu^ week as the standard 
 
 to be aimed at where it has not already been attained. 
 
 5. The adoption of a weekly rest of at least twenty-four hoiurs, which should include 
 
 Sunday wherever practicable. 
 
 6. The abolition of child labor and the imposition of such limitations on the labor 
 
 of young persons as shall permit the continuation of their education and assure 
 their proper physical development. 
 
 7. The principle that men and women should receive equal remuneration for work 
 
 of equal value. 
 
 8. The standard set by law in each country with respect to the conditions of labor 
 
 should have due regard to the equitable economic treatment of all workers 
 lawfully resident therein. 
 
 9. Each State should make provision for a system of inspection in which women 
 
 should take part in order to insure the enforcement of the laws and regulations 
 for the protection of the employed. (Article 427.) 
 
THE NEW JNTERNATIONAL LAW 21 
 
 world " (Article 427) . It is highly probable that if a question 
 arises which involves any of these principles, an international 
 court will feel justified in recurring to them as the best 
 indication of what the law is or ought to be. In the absence 
 of other agreements between the members, what could be 
 more authoritative or better fitted to guide a court than 
 the recommendations of an international conference of 
 delegates duly accredited by the Governments of the 
 members of the League? 
 
CHAPTER V 
 
 INTERNATIONAL LAW DURING THE WAR 
 
 Applicability of the Hague Conventions. — It has often 
 been said by those unfamiliar with the Hague Conventions 
 that they were totally disregarded during the course of the 
 war. Such a statement is only partially true. Some of 
 the conventions were observed. 
 
 Convention IV of 1907 relating to " The Laws and 
 Customs of War on Land " was not appHcable during the 
 war. Article 2 of this convention provides that the regula- 
 tions shall not apply except between contracting Powers, 
 and then only if all the belhgerents are parties to the conven- 
 tion. Since several of the belhgerents, notably Bulgaria 
 and Turkey, had not ratified, it is clear that they were not 
 parties to the convention, hence all the Powers which had 
 ratified were released from their legal obligations; it was 
 inapplicable because the condition necessary for its appH- 
 cability was non-existent. 
 
 The rules of Convention II of 1899 did apply, however, 
 for by Article 4 of Convention IV of 1907, it is expressly 
 provided that " The Convention of 1899 remains in force 
 as between Powers which signed it, and which do not also 
 ratify the present convention." ^ All of the belligerents 
 ratified the 1899 convention and it is for the violation of its 
 provisions that the Versailles Treaty provides for the trial 
 of certain Germans for breach of the laws and customs of 
 war. 
 
 The provisions of Article I of Convention III of 1907 
 
 » Scott, J. B., The Hague Conventions and Declarations of 1899 and 1907, p. 103. 
 
 22 
 
THE NEW INTERNATIONAL LAW 23 
 
 relating to the outbreak of hostilities were generally ob- 
 served. It is provided that hostilities shall not begin 
 " without previous and explicit warning, in the form either 
 of a declaration of war, giving reasons, or of an ultimatum 
 with conditional declaration of war.^ Neutrals were gener- 
 ally notified of the existence of a state of war as required 
 by Article 2 of this convention. 
 
 Conventions V, VI, VII, VIII, IX, X, XI, XHI, of 
 1907, were legally inapplicable since each (Articles 20, 
 6, 7, 7, 8, 18, 9, and 28, respectively) contained the following 
 clause: " The provisions of the present convention do not 
 apply except between contracting Powers and then only 
 if all the belligerents are parties to the convention." ^ 
 Morally, however, there existed upon all the signatories 
 certain obligations to regard the humanitarian aims of the 
 conventions. The moral obligation of today may, and 
 often does become, the legal obhgation of tomorrow. 
 
 Declaration XIV of 1907 prohibiting " the discharge of 
 projectiles and explosives from balloons or by other new 
 methods of a similar nature " ^ was not binding on any of 
 the belligerents because it was not ratified by Germany, 
 France, Austria-Hungary and other belHgerent Powers. 
 They would be considered non-contracting Powers in the 
 meaning of the clause providing that the Declaration 
 "shall cease to be binding from the time when, in a war 
 between the contracting Powers, one of the belHgerents is 
 joined by a non-contracting Power." ^ This same clause 
 appears in Declaration IV of 1899 which was binding 
 until the United States, which never ratified, joined the 
 belHgerents. This Declaration provides that " the contract- 
 ing Powers agree to abstain from the use of projectiles the 
 
 ^ Scott, p. 96. 2 Scott, pp. 137, 142, 147, 152, 159, 172, 184, and 215. 
 3 Scott, p. 220. 4 Scott, p. 221. 
 
U THE LEAGUE OF NATIONS AND 
 
 sole object of whicli is the diflfusion of asphyxiating or 
 deleterious gases." ^ It was violated before the belligerents 
 were released from its legal obHgation by the entrance of 
 the United States into the war. Gases were used shortly 
 after the outbreak of the war in 1914. This was one of the 
 clearest breaches of the Hague agreements by Germany. 
 The opposing side cannot be held for violation if the contract 
 is broken by one party. Until the entrance of the United 
 States into the war. Declaration TV of 1899 was binding 
 upon the belhgerents. It provides against the use of 
 " bullets which expand or flatten easily in the human body, 
 such as bullets with a hard envelope which does not entirely 
 cover the core or is pierced with incisions." ^ Violations of 
 this provision also occurred. 
 
 The belhgerents were further bound by the preamble 
 of Convention II of 1899 providing that " until a more 
 complete code of the laws of war is issued, the high contract- 
 ing parties think it right to declare that in cases not in- 
 cluded in the Regulations adopted by them, populations 
 and belhgerents remain under the protection and empire 
 of the principles of international law, as they result from 
 the usages estabhshed between civihzed nations, from the 
 laws of humanity, and the requirements of the public 
 conscience." ^ 
 
 By Article 228 of the Treaty of Versailles the German 
 Government recognizes the right of the Alhed and Asso- 
 ciated Powers to bring before miUtary tribunals persons 
 accused of having committed acts in violation of the laws 
 and customs of war. Such persons shall, if found guilty, 
 be subject to punishments laid down by the law. It is 
 not clear just what punishments will be inflicted upon those 
 found guilty. The commission charged with fixing the 
 
 1 Scott, p. 225. » Ibid., p. 227. » Ibid., pp. 101-102. 
 
THE NEW INTERNATIONAL LAW 25 
 
 responsibility for the war, of which Secretary of State 
 Lansing was chairman, reported that it was desirable for 
 the future that " penal sanctions should be provided for 
 such grave outrages against the elementary principles of 
 international law." ^ This article of the treaty and report 
 by the commission constitute one of the strongest ac- 
 knowledgments ever made of the validity of international 
 law. Only the laws of war — not those of peace — were 
 endangered by the war, and it was for violations of the laws 
 of war that Germany received the condemnation of the 
 world through its combined public opinion. That fact 
 makes the outlook for the international law of the future 
 very hopeful indeed. 
 
 The Trial of William 11 and the Sanctity of Treaties. — 
 Provision is made by Article 227 of the Versailles Treaty 
 for the trial of WilHam II of HohenzoUern '* for a supreme 
 offense against international morahty and the sanctity of 
 treaties," the decision to be based on the highest motives 
 of " international policy with a view to vindicating the 
 solemn obligations of international undertakings and the 
 validity of international morahty." The extent to which 
 this provision upholds and strengthens international law 
 is made clearer by a brief consideration of what is meant 
 by the sanctity of treaties in this particular case. By the 
 treaties of 1831 and 1839, Germany agreed to respect the 
 neutrality of Belgium. On January 7, 1871, Germany 
 joined in the following declaration: " The plenipotentiaries 
 of North Germany, of Austria-Hungary, of Great Britain, 
 of Italy, of Russia, and of Turkey, meeting today in 
 conference have agreed that it is an essential principle of 
 the law of nations that no Power can unbind itself of the 
 
 ^ Quoted by Mr. Lansing in an address before the American Bar Association, Boston, 
 Sept. 5, 1919, Boston Evening Transcript, Sept. 5, 1919. 
 
26 THE LEAGUE OF NATIONS AND 
 
 obligations of a treaty or qualify its stipulations, except 
 with the consent of the contracting Parties by way of an 
 amicable agreement." ^ This declaration was, of course, 
 appUcable to the treaties guaranteeing the neutrahty of 
 Belgium. 
 
 Article I of Convention V of 1907 was ratified by Ger- 
 many, and while, as noted above, it was not binding legally, 
 it nevertheless was binding morally. It is a statement of 
 the principle which all nations ought to respect even in the 
 absence of a special agreement, that neutral territory should 
 be respected by belligerents. " When," said former Secre- 
 tary of State Root, " we recall Mansfield's familiar descrip- 
 tion of international law as * founded upon justice, equity, 
 convenience, the reason of the thing, and confirmed by 
 long usage,' we may well ask ourselves whether that general 
 acceptance which is necessary to the establishment of a 
 rule of international law may be withdrawn by one or 
 several nations and the rule be destroyed by that with- 
 drawal so that the usage ceases and the whole subject to 
 which it relates goes back to its original status as matter 
 for new discussion as to what is just, equitable, convenient 
 and reasonable." ^ It was with some of the considerations 
 mentioned above in his mind, that President Wilson de- 
 clared that " Belgium, the whole world will agree, must be 
 evacuated and restored. . . . Without this healing act the 
 whole structure and validity of international law is forever 
 impaired.*' ^ 
 
 The Covenant itself is calculated to strengthen that 
 principle of international law which recognizes the sanctity 
 of treaties. It provides (Article XVIII) that every treaty 
 
 1 British Foreign State Papers 61, pp. 1198-1199. 
 
 * "The Outlook for International Law," World Peace Foundation, Vol. VI, No. 3, 
 June, 1916. An address before the American Society of International Law, Dec. 28, 1915. 
 
 * Italics mine. 
 
THE NEW INTERNATIONAL LAW 27 
 
 or international engagement entered into by any member 
 of the League must be immediately registered with the 
 Secretariat, and that no such agreement is binding until so 
 registered. The Assembly may advise the reconsideration 
 by members of the League of treaties which have become 
 inapphcable; this provision will prevent the existence of a 
 great many obsolete, confusing treaties. One of the chief 
 causes for the breach of treaties in the past has been the 
 desire for selfish gain or for conquest. Many treaties which 
 might be conducive to such desires will be abrogated under 
 Article XX of the Covenant which provides for the abroga- 
 tion of all obligations or understandings existing among 
 the members of the League which are inconsistent with the 
 terms of the document itself. The members likewise agree 
 not to enter into such understandings in the future. It is 
 also made the duty of any member which, before becoming 
 a member, undertook an obligation inconsistent with the 
 terms of the Covenant, to take immediate steps to secure 
 its release from such obligations (Article XX, 2). 
 
CHAPTER VI 
 
 IN CERTAIN CASES WAR MADE AN ILLEGAL PROCESS BY 
 THE COVENANT 
 
 " Today," said Premier Lloyd George, " we are waging 
 the most devastating war the world has ever seen. To- 
 morrow, tomorrow, not perhaps distant tomorrows, war 
 may be aboHshed forever from the category of human 
 crimes." ^ Former Secretary of State Knox hkewise 
 suggested in the Senate that an International League 
 embracing all nations should be formed and one of the 
 provisions of its constitution should declare that ** war is 
 to be an international crime and that any nation engaging 
 in war, except in self-defense when actually attacked, shall 
 be punished by the world as an international criminal." * 
 The distinguished Belgian Professor of international law, 
 Henri La Fontaine, urged in 1917 that as a new principle of 
 international law " war should no more be considered as a 
 legal institution, because it is a crime and should be con- 
 sidered as such." ' Theodore Marburg, former United 
 States Minister to Belgium, urged the adoption of a similar 
 principle. " Society," he said, " imphes restraint. We can 
 have no liberty without a surrender of license. The one 
 license which it has become perfectly clear the nations must 
 surrender is the hcense to make war at will." ^ 
 
 ^ Quoted by Congressman James L. Slayden of Texas from a speech delivered by 
 Mr. Lloyd George in London. Annals Am. Acad. Pol. and Soe. Sci., JiJy, 1917, p. 101. 
 
 * Speech in the United States Senate, March 3, 1919, Boston Evening Transcrijit, 
 March 3, 1919. 
 
 » "On What Principles is the Society of States to be Founded?" Annals Am. Acad. 
 Pol. and Soc. Sci., July, 1917, p. 90. 
 
 * "Sovereignty and Race as Affected by a League of Nations," Ibid., p. 148. 
 
THE NEW INTERNATIONAL LAW 29 
 
 Just how far does the Covenant actually illegahze war? 
 By the preamble the high contracting parties accept " ob- 
 ligations not to resort to war " in order that international 
 cooperation may be promoted and international peace 
 achieved. They then recognize (Article VIII, 1) that the 
 maintenance of peace requires the reduction of armaments 
 to the lowest point consistent with national safety and the 
 enforcement by common action of international obligations. 
 The provisions of Article VIII are corollary to those of 
 Article X which illegalize wars of conquest or external 
 aggression, leaving the members of the League to be con- 
 cerned only with their own national safety and with their 
 international obligations. In order to realize the ends set 
 forth in the preamble and in Articles VIII and X, the 
 members of the League condemn the manufacture by private 
 enterprise of munitions and implements of war and establish 
 a permanent comimission (Article IX) to supervise the 
 reduction of armaments. They also declare that any war 
 or threat of war is a " matter of concern to the whole 
 League "(Article XI). 
 
 With the exception of Article X, the above considerations 
 do not specifically illegahze war, but they show that the 
 whole spirit of the Covenant is to prevent war; they deal 
 mostly with preventive means. 
 
 In a -question submitted to arbitration or to inquiry the 
 members agree " in no case to resort to war until three 
 months after the award by the arbitrators or the report by 
 the Council" (Article XII). But if the report by the Council 
 is unanimous, excluding disputants, the members agree 
 " that they will not go to war with any party to the dispute 
 which compHes with the recommendation of the report " 
 (Article XV, 6). As regards disputes submitted to arbitra- 
 tion, the members agree (Article XIII, 4) that they will 
 
30 THE LEAGUE OF NATIONS AND 
 
 not resort to war against any member which compUes with 
 the award. Since by Article XII the members agree to 
 submit, either to arbitration or inquiry, " any dispute hkely 
 to lead to a rupture," it is clear that war is illegalized in the 
 cases considered. These cases may be summarized as 
 follows: 
 
 1. A war of conquest or external aggression is illegal; 
 
 2. A war resorted to by one member after the matter in 
 dispute has been the subject of an arbitral award which is 
 comphed with by the other disputant, is an illegal war; 
 
 3. A war is illegal if resorted to by a member in disregard 
 of a imanimous recommendation by the Council (excluding 
 disputants) which is complied with by the other disputing 
 member; 
 
 4. All wars between members of the League are illegal if 
 begun before a delay period of from three to nine months 
 has elapsed. 
 
 It is agreed (Article XVI, 1) that if a member resorts 
 to war in "disregard of its covenants under Articles XII, 
 XIII, or XV, it shall ipso facto be deemed to have com- 
 mitted an act of war against all other members of the League," 
 and shall be liable to the consequences laid down in that 
 article. The League may resort to war, as an ultimate 
 sanction to uphold the agreements made by members who 
 have pledged themselves not to go to war in certain cases. 
 This is not war in the old sense; it is an exercise of the com- 
 bined police power of the League against members who have 
 agreed in advance to make themselves hable to this police 
 power. The exercise of this power by the League is au- 
 thorized only to uphold and protect the Covenant the 
 underlying spirit and tenor of which is to prevent war and 
 to make it illegal. It is, in accordance with the recom- 
 mendation of the French Association for the Society of 
 
THE NEW INTERNATIONAL LAW 31 
 
 Nations of which Leon Bourgeois is Honorary President, a 
 " use of force reserved exclusively to the international 
 society itself " used as a " supreme sanction." ^ 
 
 In discussing the Amphictyonic Council the German 
 writer Tittman in 1812 ^ raised the point made first by 
 Montesquieu ^ that there was an inconsistency in each 
 member of the council agreeing not to destroy any Am- 
 phictyonic city and yet when the whole council acted 
 together it might destroy a city which had violated the 
 agreements of the council. Tittman answers this objection 
 by saying that there is no inconsistency (" kein Wider- 
 spruch " ) in doing through the common power (" gemein- 
 schaftliche Macht " ) what is forbidden to each individual; 
 that in municipal law the State punishes the individual 
 citizen ('* Einzelnen Burger ") while self-help is denied to 
 that individual. He points out further that the council 
 proceeded against non-members as well as members. 
 
 The distinction between that which the League acting 
 as a whole may do, and that which an individual member 
 acting by itself may do, is fundamental. Again the actual 
 provisions of the Covenant are in harmony with the recom- 
 mendation of a great American authority. " Assuming," 
 he said, " that our goal is the establishment among nations 
 of a reign of law in such sense that each nation is subject 
 to the law, the fundamental object which it is essential to 
 accomplish is to limit the present unrestricted right of the 
 individual nation to declare war and incidentally to acquire 
 the right of conquest.'' * 
 
 1 World Court, Nov., 1918, pp. 670-671. 
 
 2 Tittman, F. W., Bund der Amphiktyonen, p. 226. (Berlin, 1812.) 
 
 * De U esprit des lois, Liv. XXIX, ch. 5. 
 
 * Moore, John Bassett, "International Cooperation," World Court, Jan., 1916, p. 273; 
 italics mine. 
 
CHAPTER VII 
 
 SETTLEMENT OF DISPUTES 
 
 " The League of Nations," said Premier Lloyd George, 
 "represents the greatest attempt which ever has been made 
 to substitute reason and justice for force and intrigue as 
 the governing principle of international relations." ^ 
 
 The Permanent Court of International Justice. — In 
 accordance with Article XIV of the Covenant the Council 
 of the League of Nations has appointed a group of dis- 
 tinguished jurists and authorities on international law,^ 
 to formulate plans for the establishment of a Pemdanent 
 Court of International Justice. This court shall be compe- 
 tent to hear any dispute of an international character that 
 the disputants submit to it. It may also give an advisory 
 opinion upon any question or dispute referred to it by the 
 Council or by the Assembly. The name of the court is 
 significant. It is not a court of arbitration similar to that 
 estabhshed at The Hague in 1899 and continued in 1907. 
 Nor is it a Judicial Arbitration Court which was con- 
 templated by the draft convention annexed to the first 
 voeu of the second Hague Conference, ^ although that 
 project may well be used as a basis for the new court. 
 The proposed court is to be a true court of international 
 
 » Manchester Guardian, Dec., 29, 1918. 
 
 * Announced at meeting of the Council held at London, Feb. 13, 1920. Among the 
 group are: Elihu Root; Baron PhilUmore, formerly lord justice of appeal. Great Britain: 
 Henri Fromageot, prominent advocate, France; Baron Deschamps, member of per- 
 manent court of arbitration at The Hague, Belgium; Professor Gran, University of 
 Christiania, Norway; Professor Fadda, University of Naples, Italy; and Clovis Bevil- 
 acqua, authority on international law, Brazil. (League of Nations Journal, March, 1920.) 
 
 • Scott, J. B., The Hague Conventions and Declarations of 1899 and 1907, p. 31. 
 
 32 
 
THEJNEW INTERNATIONAL LAW 33 
 
 justice which means that it ought to decide questions 
 according to international law rather than on grounds 
 of compromise or expediency as may properly be done 
 by a tribunal of arbitration. 
 
 The Permanent Court of International Justice will serve 
 as a court of appeal (Article 418) from the report of the 
 commission of inquiry constituted according to Article 412 
 of the Versailles Treaty, to deal with disputes relating to 
 labor. It may vary, affirm or reverse any of the findings or 
 recommendations of the commission of inquiry, if any, and 
 in its decision indicate what measures, if any, of an economic 
 character which it considers to be appropriate, and which 
 other Governments would be justified in adopting against 
 a defaulting Government (Article 418). But if a member 
 fails to abide by the recommendation of the commission 
 of inquiry or the decision of the court, the use of the economic 
 sanction recommended by the court is to be optional for 
 the other members (Article 419). When the defaulting 
 Government considers that it has met the conditions of the 
 decision of the court, it may apply to the Secretary-General 
 of the League to constitute a new commission of inquiry 
 to determine whether or not the conditions have been met, 
 and if so, the economic measures against the defaulting 
 Government cease (Article 420). Such measures Hkewise 
 cease if the court finds that its decision has been satis- 
 factorily followed. 
 
 It is thus seen that the Permanent Court of International 
 Justice is empowered to advise the use by the members of 
 the League of economic sanctions to enforce its decisions; 
 military and naval force is not contemplated. This is true 
 only of its labor decisions, however. If a decision is rendered 
 according to the provisions of Article XIII of the Covenant, 
 all of the sanctions of Article XVI, including miUtary, 
 
34 THE LEAGUE OF NATIONS AND 
 
 naval and air forces, will be applicable as against a re- 
 calcitrant member, provided the Council so recommends, 
 and the other disputant accepts the decision of the 
 court. 
 
 Justiciable and Political Questions. — The Covenant 
 does not distinguish between arbitration and adjudication. 
 It has been generally understood that these processes, in 
 the strict sense, are, and ought to be distinguished. To 
 submit a matter to arbitration has generally conveyed the 
 idea that the board or tribunal of arbitration would de- 
 termine the question, if necessary, by compromise or on 
 grounds of expediency. This does not mean, however, that 
 the law is not considered; it may be regarded by the board 
 or tribunal, and the award may be made entirely or largely 
 according to strict principles of law. When, however, the 
 dispute is one susceptible of adjudication by a court of 
 justice which appHes only legal principles, a distinction 
 should be made between such adjudication, and arbitration 
 which may involve the element of compromise. The term 
 " conciHation " is often appUed to the method of settling 
 disputes which are of a purely poKtical nature. 
 
 It is true that the Permanent Court of Arbitration set 
 up at The Hague in 1899 and continued in 1907 has settled 
 disputes which were susceptible of determination according 
 to strict principles of law, as for example, the Pious Fund 
 case,^ and the Japanese House Tax case.^ It has also 
 decided cases on grounds of compromise and expediency, 
 as, for example, the case of the Deserters at Casablanca.^ 
 It is presumed that this court will be continued. Boards 
 of arbitration for the settlement of industrial questions 
 have become so common that it seems essential to reserve 
 
 » Wilson, G. G., The Hague ArUtraiion Cases, pp. 1-11. « Ihid., pp. 40-63. . 
 
 « Ihid., pp. 82-101. 
 
THE NEW INTERNATIONAL LAW 35 
 
 the term "adjudication" for that process of settUng disputes 
 according to strict legal principles which are principles of 
 justice not susceptible of compromise. 
 
 The difference between justiciable and poUtical questions 
 has been pointed out repeatedly by the Supreme Court of 
 the United States. Among the questions decided by that 
 court to be pohtical are: ^ the relation of an Indian tribe 
 to a State, Cherokee Nation v. Georgia (1831), 5 Peters, 1; 
 the President of the United States is sole judge as to when 
 the militia should be called out, Martin v. Mott (1827), 
 12 Wheaton, 19; the recognition of the belHgerency or 
 independence of a foreign community, The Three Friends 
 (1897), 166 U. S., 1; and whether a treaty with another 
 nation has been properly ratified by that nation. Doe v. 
 Braden (1854), 16 Howard, 635. These questions the court 
 has called political, and has studiously avoided passing 
 upon them. The following distinction between pohtical 
 and judicial questions was made by the court in Rhode 
 Island V. Massachusetts (1838), 12 Peters, 737, Mr. Justice 
 Baldwin delivering the opinion: 
 
 " These considerations lead to a definition of political 
 and judicial power and questions; the former is that which 
 a sovereign or State exerts by his or its own authority, as 
 reprisal and confiscation; . . . the latter is that which is 
 granted to a court or judicial tribunal. So of controversies 
 between States; they are in their nature pohtical, when 
 the sovereign or State reserves to itself the right of deciding 
 on it; makes it the * subject of a treaty to be settled as 
 between States independent,' or ' the foundation of repre- 
 sentation from State to State.' This is pohtical equity, 
 
 ^ Other cases in which judicial and political questions are differentiated are: Foster 
 V. Neilson (1892), 2 Peters 253; Luther v. Borden (1849), 7 Howard 1; and Mississippi v. 
 Johnson (1866), 4 Wall. 475. 
 
36 THE LEAGUE OF NATIONS AND 
 
 to be adjudged by the parties themselves, as contradis- 
 tinguished from judicial equity, administered by a court of 
 justice, decreeing the equum et honum of the case, let who 
 or what be the parties before them." 
 
 The first plank in the platform of the League to Enforce 
 Peace provides that all " justiciable questions arising be- 
 tween the signatory Powers not settled by negotiation, 
 shall, subject to the limitation of treaties, be submitted to a 
 judicial tribunal for hearing and judgment." ^ Likewise 
 the Bryce group of Great Britain distinguished between 
 " disputes . . . which are of a justiciable character " and 
 other disputes of a poHtical nature.'* The best examples of 
 questions which are justiciable are those relating to the 
 interpretation of treaties and those relating to international 
 law, the assumption being that the law cannot be compro- 
 mised or evaded in its appUcation to questions of this 
 nature. The rules for the interpretation of treaties or the 
 law of inviolabiHty which protects an ambassador's person 
 and premises cannot be compromised; they are fixed, and 
 must be strictly appHed. 
 
 The framers of the Covenant have divided disputes into 
 three categories: those capable of settlement by diplomacy 
 (Article XIII) ; those recognized as suitable for submission 
 to arbitration (Article XIII); and those which are likely 
 to lead to a rupture and which do not come within the first 
 two categories (Article XV). The first class of disputes will 
 continue to be settled by the give-and-take methods of 
 diplomacy. The second class are, according to Article XIII, 
 2 of the Covenant, those questions which have usually been 
 called justiciable questions, but here are called questions 
 ** generally suitable for submission to arbitration." It is 
 
 1 World Peace Foundation, pamphlet. Vol. VI, No. 5, Oct., 1916. 
 
 » Woolf, L. S., The Framework of a Lasting Peace, p. 18. (London, 1917.) 
 
THE NEW INTERNATIONAL LAW 37 
 
 thought that these questions will always be submitted to 
 the Permanent Court of International Justice. 
 
 The definition of justiciable questions given in paragraph 
 2 of Article XIII of the Covenant, is due to EUhu Root. 
 In a letter to Mr. Hays, March 29, 1919, he recommended 
 the inclusion of the following paragraph in the revised draft 
 of the Covenant : 
 
 l^ " Disputes of a justiciable character are defined as 
 disputes as to the interpretation of a treaty, as to any 
 question of international law, as to the existence of any fact 
 which if estabHshed would constitute a breach of any 
 international obhgation, or as to the nature and extent 
 of the reparation to be made for any such breach." 
 
 The members of the League determine for themselves 
 what questions (in addition to justiciable questions which 
 are always submitted) shall be submitted to arbitration 
 (Article XIII, 1). It is possible that questions which may 
 be partly pohtical and partly justiciable will be referred 
 to the permanent Court of Arbitration at The Hague. 
 Such questions are called by Professor Oppenheim " complex 
 cases which are justiciable but in which, besides the question 
 
 ^ This definition appears in about the same form in Section 20 of the Smuts' Flan. 
 Mr. Marburg has called the author's attention to the fact that the same wording appears 
 in the Proposals for the Avoidance of War published by the Bryce Group, Feb. 24, 1915. 
 It is likely that the prominence given to the definition by Mr. Root caused it to be inserted 
 in the Covenant. 
 
 By permission the following letter from Lord Bryce to Mr. Marburg relating to the 
 origin of the definition of a justiciable dispute is given: 
 
 "3 Buckingham Gate, 
 London, S. W. 
 My dear Mr. Marburg: 
 
 After consulting a friend who worked with me on the small British Committee which 
 prepared the "Froposals for the Avoidance of War" I find that the words you refer to 
 as defining 'disputes of a justiciable character' were settled by us as the definition we 
 thought most clear and complete and were not, so far as I know, taken bodily from any 
 other soiuxie. My belief is that we composed this definition after reading others, but that, 
 in the shape we gave it, it was our own. 
 
 Bryce" 
 
38 THE LEAGUE OF NATIONS 
 
 of law, there is at the same time involved a vital political 
 principle or claim." ^ Settlement of pohtical disputes is ^ 
 reserved to the Council to be decided by concihation. 
 Compromise and expediency will govern the determination 
 of these questions. The Council will, however, be expected 
 to respect the law so far as that is possible. If the dispute 
 is referred to the Assembly, the same principles which 
 apply to the reports of the Council will govern. 
 
 ^ L. Oppenheim, in an opinion regarding the proposed Court of International Justice, 
 World Court, Feb., 1918, p. 75. 
 
CHAPTER VIII 
 
 SOME MODIFICATIONS IN THE THEORY OF INTERNATIONAL 
 
 LAW 
 
 " The press, which reaches milKons of Americans, must 
 help break down the international law," said Henry Morgen- 
 thau, former United States Ambassador to Turkey, " which 
 says no nation can interfere with the internal affairs of 
 another nation. Whenever I tried to intercede for the 
 oppressed people in Turkey I was told that it was none of 
 America's business." ^ 
 
 The conceptions of international law which have been 
 considered in the preceding pages have, with the exception of 
 the last-considered conception under the League of Nations, 
 been based upon the assumption that every nation is sover- 
 eign and independent, with its own interests entirely separate 
 from those of other nations. No sovereign nation could 
 in any way interfere in the affairs of another nation except 
 in certain cases where its own special interests were en- 
 dangered. ^ Hall holds that intervention is illegal except 
 " for the purpose of self-preservation, unless a breach of 
 the law as between states has taken place or unless the whole 
 body of civiUzed states have concurred in authorizing it." ^ 
 The collective intervention in China in 1900, to suppress 
 the Boxer uprising and protect the legations, is the best 
 example of combined action by several nations. 
 
 " In the society of nations," said Professor Munroe 
 
 1 World Court, Aug., 1918, p. 475. 
 
 2 Wilson and Tucker, International Law, p. 87. (7th ed., 1917.) 
 ' International Law, sect. 92. (7th ed. by Higgins, 1917.) 
 
40 THE LEAGUE OF NATIONS AND 
 
 Smith, " the redress of an international wrong by the 
 concerted action of a number of states is a significant 
 step. ... In the development of tribal law, such reactions 
 indicated that offenses previously regarded as torts were 
 beginning to be viewed as crimes. Concerted action by the 
 society of nations against an offending state seems to imply 
 a recognition that a state may be held accountable, not 
 only to other single states which it has directly injured, 
 but also to the world for a crime against civiHzation." ^ 
 " If," said Mr. Root, " the law of nations is to be bind- 
 ing, . . . there must be a change in theory, and violations 
 of the law of such a character as to threaten the peace and 
 order of the community of nations must be deemed to be a 
 violation of the right of every civiHzed nation to have the 
 law maintained and a legal injury to every nation." ^ 
 
 Several clauses of the Covenant actually apply the 
 change in the theory of international law which Professor 
 Smith and Mr. Root had in mind. Article X gives the 
 members of the League the right to intervene in case the 
 territorial integrity or poKtical independence of one of 
 their number is endangered or violated by outside aggression. 
 Articles III, 3, and IV, 4, give the Assembly and Council 
 respectively, the competency to deal with " any matter . . . 
 affecting the peace of the world " and within the sphere of 
 action of the League. Article XI, 1, makes any war or 
 threat of war a " matter of concern to the whole League." 
 Article XI, 2, makes it the friendly right of each member to 
 bring to the attention of the Council or the Assembly "any 
 circumstance whatever affecting international relations 
 which threatens to disturb international peace or the good 
 
 ^ "The Nature and Future of International Law," Presidential address, Amer. Pol. 
 Sci. Association, Am. Pol. Sci. Rev., Feb., 1918, p. 1. 
 
 * "The Outlook for International Law," Presidential address. Am. Soc. International 
 Law, Washington, Dec. 28, 1915. 
 
THE NEW INTERNATIONAL LAW 41 
 
 understanding between nations upon which peace depends." 
 In view of these provisions Francis Lieber could not write 
 in a war code today, that " the law of nations allows every 
 sovereign government to make war upon another sovereign 
 state." ^ The theory of absolute and unlimited sovereignty 
 of nations must be so far modified as to make it fall into 
 harmony with the actual relationship between nations as 
 it is estabhshed by the Covenant. The members limit 
 their sovereignty in regard to making war. It cannot be 
 too strongly emphasized that any action of intervention is 
 taken by the League acting as a unit. If it intervenes at all, 
 it will do so only when a condition arises which falls within 
 the category of matters which the members have agreed 
 in advance that the League might act upon. 
 
 Neutrality. — The second of President Wilson's fourteen 
 points declared that there must be " absolute freedom of 
 the seas in peace or war except as they may be closed by 
 international action." This conception was formed before 
 the League of Nations had been much discussed; it con- 
 templated the world in the old condition when there was no 
 concerted action and each nation acted for itself. Upon 
 arriving at Paris, however. President Wilson himself ad- 
 mitted that he would have to throw overboard this point 
 because under the League there would be no neutraUty.^ 
 Not the question of freedom of the seas alone, but those 
 concomitant questions such as contraband and continuous 
 voyage are affected by the aboHtion in certain cases of neu- 
 trahty. The essential condition necessary for freedom of 
 
 1 U. S. Army, General Orders, No. 100 (1863), Art. 67. 
 
 ^ G. S. Adam (London Times-Public Ledger Cable Service), Boston Evening Tran- 
 script, Feb. 26, 1919: "President Wilson recently remarked to a group of American 
 journalists, that when he placed the question of the freedom of the seas among the four- 
 teen points it never struck him that under the League there would be no neutrals and that 
 consequently the question of neutral rights would not arise." 
 
42 THE LEAGUE OF NATIONS AND 
 
 the seas is the allowing of private property to move on the 
 seas in time of war as in time of peace. This of course 
 involves the question of contraband. By Article XVI of 
 the Covenant the members agree that they will " mutually 
 support one another in resisting any special measures aimed 
 at one of their number by the covenant-breaking member 
 . . . and to afford passage through their territory to the 
 forces of any members of the League which are cooperating 
 to protect the covenants of the League." This means that 
 freedom of passage will be given in territorial waters as well 
 as over land. No question as to landing at neutral ports in 
 the course of a continuous voyage, or of the violation of 
 neutral territory by the passage of belhgerent troops, would 
 arise. Each member of the League has, by agreeing to 
 Article XVI, surrendered its right to remain neutral, in so 
 far, at least, as economic, financial and trade sanctions are 
 concerned. It must abide by its agreement to employ these 
 sanctions. The mihtary, naval and air forces are furnished 
 by each member at discretion, but neutrahty is destroyed 
 by the use of the other sanctions. 
 
 It is seen by this examination that certain attributes 
 of sovereignty formerly possessed by each member of the 
 League as it stood aloof from all others, have been volun- 
 tarily transferred or delegated to the organs of the League. 
 The most important of these are: the right of conquest; 
 the right to make war at will; and the right in all cases 
 to remain neutral. The general change effected by the 
 Covenant is thus expressed by Dr. Quincy Wright, a leading 
 younger student of international law: 
 
 "... The Covenant when put into operation will 
 modify international law, though less in its specific rules 
 than in certain assumptions upon which they have hereto- 
 fore been supposed to rest. 
 
THE NEW INTERNATIONAL LAW 43 
 
 *' By accepting the league, states recognize that their 
 existence depends upon the general maintenance of law, 
 and consequently that they must prefer the claim of that 
 law for defense, as against the lure of an immediate national 
 profit. Thus, though international law will continue to aim 
 at preserving the independence and autonomy of states, it 
 must assume its own preservation is more important. It 
 follows that international law can no longer be conceived 
 by text WTiters as a series of deductions from an assumed 
 * fundamental right of states to exist.' The responsibility 
 of states to assure the existence of the law will have to be 
 conceived as even more fundamental. . . . 
 
 "... The Covenant recognizes that states cannot sur- 
 vive where sovereignty can override the law. As the price 
 of existence, states must accept definite responsibihties for 
 the maintenance of law. Should this conception, about to 
 be formally accepted, become instinctive in our civiHzation, 
 the time might come when the chapters on war and neu- 
 trality, which overburden textbooks on the law of nations, 
 could be relegated to historical appendices." ^ 
 
 The pecuHar status of Switzerland as a permanent 
 neutral is continued under the League. The Versailles 
 Treaty (Article 435) recognizes that the new regime es- 
 tabhshed by the League of Nations creates a situation in 
 which the old guarantees in Article 3, paragraph 2, of the 
 Treaty of Paris, 1815, and Article 92, paragraph 1, of the 
 Final Act of the Congress of Vienna " are no longer con- 
 sistent with present conditions." Note is taken of the 
 agreement reached between the French and the Swiss 
 Governments *'for the abrogation of the stipulations relat- 
 ing to this zone [Savoy] which are and remain abrogated." 
 
 ^ "EfiFects of the League of Nations Covenant," American Pol. Set. Review, Nov., 
 1919, pp. 556, 557, 565. 
 
44 THE LEAGUE OF NATIONS 
 
 But " the high contracting parties . . . recognize the 
 guarantees stipulated by the treaties of 1815, and especially 
 by the Act of 20th November, 1815, in favor of Switzerland, 
 the said guarantees constituting international obUgations 
 for the maintenance of peace. . . ." ^ 
 
 Switzerland made clear that she understands that the 
 signatories to the Versailles Treaty supersede the signatories 
 to the treaties of 1815, as guarantors of the neutraKzed 
 zones. In a note to the French Government, May 5, 1919, 
 which is incorporated into the annex to Article 435 of the 
 treaty, the Swiss Federal Council declared that " the assent 
 given by the Swiss Government to the abrogation of the 
 above-mentioned stipulations presupposes ^^ in conformity 
 with the text adopted, the recognition of the guarantees 
 formulated in favor of Switzerland by the treaties of 1815 
 and particularly by the declaration of 20th November, 
 1815." 3 
 
 1 Versailles Treaty, Article 435. 
 * Italics mine. 
 
 ' In acceding to the League Switzerland agreed to employ the economic sanction 
 required in Article XVI. 
 
CHAPTER IX 
 
 THE QUESTION OF SANCTIONS 
 
 The League of Nations establishes the central authority 
 that was lacking in the structure of The Hague. The 
 Covenant provides that the Council of the League shall 
 recommend what action shall be taken to give effect to 
 arbitral awards and unanimous (excluding disputants) 
 reports by the Council itself. 
 
 As early as 1910, Mr. Roosevelt suggested some such 
 arrangement as that actually adopted in the Covenant. 
 " It would be a master stroke," he said, " if those great 
 powers honestly bent on peace would form a League of 
 Peace, not only to keep the peace among themselves, but 
 to prevent, by force if necessary, its being broken by others. 
 The supreme diflSculty in connection with developing the 
 peace work of The Hague arises from the lack of any execu- 
 tive power, to enforce the decrees of the courts." ^ No less 
 forcefully has Mr. Root expressed a similar conviction. 
 " Laws," he said, " to be obeyed must have sanctions 
 behind them; that is to say, violations of them must be 
 followed by punishment." After referring to force as a 
 sanction he describes the potency of pubUc opinion because 
 " of the terrible consequences which come upon a nation 
 that finds itself without respect or honor in the world and 
 deprived of the confidence and good-will necessary to the 
 maintenance of intercourse." ^ 
 
 ^ Nobel Peace Prize address, Christiania, Norway, May 5, 1910. 
 * Presidential address, "The Outlook for International Law," delivered before the 
 American Society of International Law, Washington, Dec. 28, 1915. 
 
 45 
 
46 THE LEAGUE OF NATIONS AND 
 
 An analysis of the question of sanctions shows that two 
 schools of thought existed before the adoption of the 
 Covenant, as to what constituted the most feasible and 
 most eflfective sanction. One school stressed force as the 
 ultimate sanction. Mr. Taft and the League to Enforce 
 Peace of which he is the President, may be identified with 
 this school. Mr. Roosevelt would belong to this group. 
 The other school stressed the potency of pubHc opinion 
 as the final sanction. Lord Robert Cecil and Dr. James 
 Brown Scott might be classed as leading exponents of 
 this view. It would not be safe to assume, and is not 
 assumed, that the exponents of the sanction by force dis- 
 regard the power of public opinion. They do not. They 
 beheve that while force may be kept in the background 
 while the League is young, it may be possible after the 
 League has estabKshed itself as an institution of justice 
 and law, to allow pubHc opinion gradually to replace force 
 as a sanction. 
 
 Another sanction which had received considerable at- 
 tention before the adoption of the Covenant was the 
 economic boycott which was first suggested by Mr. Carnegie 
 in 1907. " If," he said, " instead of an international poKce 
 force, the nations would agree to cease commercial relations 
 with any Power breaking the peace, this punishment might 
 prove equally effective. No interchange of products, no 
 supplying of war materials or loans, no mails, would be a 
 severe rebuke, carrying with it as well material loss. The 
 more peaceful punishment might first be appKed and 
 mihtary force held in reserve, to be resorted to only when 
 all other measures failed." ^ 
 
 The third article of the program of the League to Enforce 
 
 ^ From an introduction by Mr. Carnegie to Hayne Davis's, Among the WorWa 
 Peacemakers. (New York, 1907.) 
 
THE NEW INTERNATIONAL LAW 47 
 
 Peace, the essential features of which are incorporated into 
 Article XVI of the Covenant, was introduced by President 
 Lowell of Harvard.^ As formulated by Doctor Lowell the 
 article provided that the " signatory Powers shall jointly 
 use forthwith both their economic and mihtary forces 
 against any one of their number that goes to war or commits 
 acts of hostility against another of the signatories before 
 any question arising shall be submitted to arbitration." ^ 
 
 The French League of Nations Society proposed a 
 juridical sanction, which would deny the use of the courts 
 to nationals of a recalcitrant Power. The limited number 
 of persons to which this prohibition would apply, however, 
 makes it less effective than the sanctions actually adopted. 
 
 Turning now to the Covenant itself, let us see what 
 apphcation of the theories of sanctions is made. Without 
 doubt, sanction by pubKc opinion was regarded by the 
 framers of the Covenant as one of its most powerful backing 
 forces. The spirit of the preamble shows this. The members 
 are to strive for open, just and honorable relations between 
 nations. International law which is based largely on the 
 pubHc opinion of the world, is made the " actual rule of 
 conduct among Governments." Treaty obUgations are to 
 be scrupulously respected. The reports by the Council on 
 non-justiciable questions are intended to meet the demands 
 of pubhc opinion. 
 
 If pubhc opinion should fail, the members of the League 
 agree by Article XVI, 1, to sever " all trade or financial 
 relations," and to prohibit " all intercourse between their 
 nationals and the nationals of the covenant-breaking 
 member " as well as the prevention of all financial, commercial, 
 
 1 See Dr. Lowell's letter to Senator Walsh of Massachusetts, dated Dec. 31, 1919, 
 Boston Evening Transcript, Jan. 9, 1919. 
 
 2 im. 
 
48 THE LEAGUE OF NATIONS 
 
 or personal intercourse between the nationals of the cove- 
 nant-breaking member and the rest of the world. These 
 are indeed powerful weapons; a nation will think seriously 
 before making itself Uable to such consequences. But if 
 these measures prove ineffective, it becomes the duty of 
 the Council, as a last resort, to recommend the quotas of 
 miKtary, naval or air forces necessary from each member 
 to uphold the agreements in the Covenant. 
 
 It is thus seen that the three sanctions regarded as the 
 most effective are provided for in the Covenant. The 
 relation of these sanctions to the success of the League and 
 to future international law is very close. The development 
 of the law will largely depend upon the manner in which 
 the members regard and respect the sanctions of the League. 
 Those sanctions will make the League that international 
 authority for which the world has long been in wait; they 
 will make the League a real instrument of international law. 
 As M. Leon Bourgeois, the French representative on the 
 Council said at the plenary session of the Peace Conference, 
 January 25, 1919: "The second difference between that 
 time [the time of the Hague Peace Conferences] and the 
 present time is that you will be able to sit and estabKsh a 
 system of sanctions. ... At The Hague it was impossible 
 because of the division between the nations there. ... At 
 present wc are in a position not only to lay down principles 
 but also to estabhsh a system of penalties." ^ No longer 
 can it be said as Professor John Bassett Moore, one of 
 America's foremost authorities on international law, felt 
 it necessary to say in 1906, that *' the most striking im- 
 perfection in the international system today is the lack of 
 a common agency for the enforcement of law." ^ 
 
 1 New York Times, Current History, March, 1919, p. 387. 
 * The Independent, July 5, 1906. 
 
CHAPTER X 
 
 THE JUDICIAL STATUS OF THE LEAGUE OF NATIONS 
 
 Sovereignty. — " If," said L. Duguit, the eminent 
 French writer, " there is such a thing as sovereignty of the 
 State it is juridically Kmited by the rule of law." ^ Two 
 important points are here suggested by M. Duguit. First, 
 the expression of a doubt as to whether there is such a 
 thing as sovereignty; and second, that if there is, it cannot 
 override, or prevail over, the rule of law. 
 
 It cannot be denied that there is a thing called sover- 
 eignty. As in case of all abstract ideas, however, there is 
 diflficulty in defining precisely what is meant when one 
 speaks of sovereignty. It is by Wheaton called " the 
 supreme power by which a State is governed." ^ This 
 definition is concise, and expresses the same idea that is 
 expressed by numerous longer and more involved definitions. 
 It is more comprehensive than the definition that sover- 
 eignty is that power which makes and enforces the laws of 
 a State. It best adapts itself to the conception of inter- 
 national law and of international relationship under the 
 League of Nations. Sovereignty is more than that power 
 which makes and enforces laws within a State; it also 
 includes the powers of making treaties and conducting the 
 foreign relations of a State. Thus a gentlemen's agreement 
 may be made between two States, and while such an agree- 
 ment would not be law, it would be the result of an exercise 
 of the supreme power by which a State is governed. The 
 
 ^ L'Etat; Le Droit Objectif et la Lot Positive, ch. 1, p. 247. 
 * Elements of International Law, 8th ed., p. 31. 
 49 
 
50 THE LEAGUE OF NATIONS AND 
 
 gentlemen's agreement which exists between the United 
 States and Japan regarding immigration, is an example of 
 an exercise of the powers of sovereignty in an external way, 
 facing outward, as contradistinguished from a federal law 
 made and enforced within the United States, that is, facing 
 inward. In the tenth of his Studies in History and Juris- 
 prudence^ Lord Bryce distinguishes between internal sover- 
 eignty belonging to the organs of government to which the 
 people of the State delegate sovereign powers, and external 
 sovereignty which remains vested in the whole people 
 itself. The Bryce conception of external sovereignty is 
 practically the same as that of WTieaton, who beUeved that 
 " external sovereignty consists in the independence of one 
 political' society in respect to all other poKtical societies." ^ 
 
 The conception of sovereignty as an indivisible whole 
 has generally given way to the conception that the govern- 
 mental powers of sovereignty, but not the supreme will 
 itself, may be divided. Thus the tenth amendment to 
 the Constitution of the United States divides the powers of 
 sovereignty into those delegated to the United States, and 
 others, not prohibited to the States, but reserved to them 
 respectively, or to the people. As regards other nations, 
 the sovereignty of the United States is expressed only by 
 those federal officials who represent the American people. ^ 
 
 It is with sovereignty in its external aspect that the 
 League of Nations has to do. The League, by Article XV, 8, 
 of the Covenant, is not permitted to deal with questions 
 which by international law are solely within the domestic 
 jurisdiction of one of the member States. It has been shown 
 that the members of the League, upon joining that organiza- 
 tion, surrendered or delegated to the League itself, three 
 
 1 Ibid., p. 32. 
 
 « Cf. Munro, W. B., Government of the United States, pp. S92-394. 
 
THE NEW INTERNATIONAL LAW 51 
 
 attributes or powers of sovereignty which they possessed 
 before they became members, viz., the right in all cases 
 to remain neutral; the right of conquest; and the right to 
 make war at will. It will be noted that each of these so- 
 called rights has to do with sovereignty in its external aspect; 
 they are juridically limited by rules of international law 
 laid down in the Covenant itself. 
 
 State. — The word "State " as used in the international 
 sense connotes a definite and particular territory together 
 with the people who dwell thereon. The government of the 
 State embraces the human instrumentalities by which the 
 people are kept in a state of reasonable happiness and 
 order, and by which their relations with the people of other 
 States are conducted. It is conceivable that the whole 
 personnel of a government might temporarily continue to 
 govern the people of a State, and yet be absent from the 
 territory; or that the government might exist without any 
 territory at all. In the usual sense, in order that there may 
 be a State, there must be a government for that State, 
 and in order that there may be a government, there must 
 be a State to be governed. In view of the accepted concep- 
 tion of a State and of the express and Hmited powers given 
 to the organs of the League of Nations, the idea that the 
 League is a super-State may be dismissed as entirely without 
 foundation. 
 
 Confederation. — A confederation of States, in the 
 accepted sense, is a union of independent, sovereign States 
 for the purpose of preserving their external, as well as their 
 internal, independence. The Germanic Confederation, 
 1815-1866, is an example of a loose organization which has 
 been found in most confederations. Article 2 of the Act of 
 May 15, 1820, which completed the Act of 1815, establishing 
 this confederation provided that it was a " seK-subsisting 
 
52 THE LEAGUE OF NATIONS AND 
 
 Association of States, mutually independent of one another, 
 with equal reciprocal rights and obHgations; but, in its 
 external relations, a collective power combined in poKtical 
 unity." ^ Here, as has been the case in all true confedera- 
 tions, the independence of the members is emphasized. 
 The chief reason for the failure of the government of the 
 United States under the Articles of Confederation was that 
 the members attempted at the same time to retain their 
 independence and to present to the world a unified central 
 government capable of deahng with other States of the 
 family of nations. It is well known how the European 
 Powers were unable to deal with ministers from thirteen 
 American States. 
 
 The League of Nations can hardly be called a confeder- 
 ation. The fact that the lesser Powers are not admitted 
 on the same footing as the great Powers, shows that the 
 degree of independence and the equahty which has usually 
 been found in confederations, are lacking in the case of the 
 League. Moreover, the League has no control over the 
 individual members, in so far as the powers and functions 
 of government are concerned. 
 
 Alliance. — An alhance is merely an agreement between 
 two or more States to act together according to the terms 
 of the treaty of alHance, when the conditions contemplated 
 by that treaty shall arise. No organs of government or 
 administration are found in such unions. 
 
 In view of the three organs set up by the Covenant, it 
 is clear that the League cannot correctly be called an 
 alliance* 
 
 Equality. — In order to determine the nature and status 
 of the League, it is necessary to examine what application 
 is made by the Covenant, of the principles of equality. 
 
 ^ Phillimore, International Law, I, p. 161. 
 
THE NEW INTERNATIONAL LAW 53 
 
 The ranking delegate of Great Britain to the second 
 Hague Peace Conference of 1907 stated that one of the 
 chief obstacles to progress in the conference was the question 
 of equahty. The small States demanded equal represen- 
 tation with that of the great Powers. The failure to es- 
 tabhsh the Judicial Arbitration Court was due to the 
 inabihty of the conference to agree on a method of represen- 
 tation on the court which was acceptable to the smaller 
 States. The problem of selection of judges was solved 
 with respect to the International Prize Court, however, 
 by an ingenious system of rotation. The eight great 
 Powers, viz., the United States, Austria-Hungary, France, 
 Great Britain, Japan, Germany, Italy, and Russia, were 
 always to have judges on the court. The system of ro- 
 tation provided that the remaining seven judges of the 
 court were to be allotted to the lesser Powers for periods 
 ranging from one to four years of the six-year period for 
 which all judges were chosen. The period for which the 
 lesser Powers appointed judges bore some relation to their 
 general importance in the community of States. Thus 
 Spain was entitled to a judge four years in the six-year 
 period; the Netherlands was to be represented for three 
 years; and Bulgaria, Portugal, and Venezuela were to have 
 judges one year only. 
 
 The method of selecting judges here agreed upon, is of 
 great importance in that it suggested the method of de- 
 termining the composition of the Council of the League of 
 Nations, where the five great Powers, viz., the United 
 States, the British Empire, France, Italy, and Japan, are 
 continuously represented, while the Assembly from time 
 to time at discretion, chooses the four other members of 
 the League who shall be represented on the Council. 
 
 Inequahty of contribution toward the expenses of the 
 
54 THE LEAGUE OF NATIONS AND 
 
 Secretariat is allowed by Article VI, 5, which provides that 
 such expenses shall be borne by the members of the League 
 in accordance with the apportionment of the expenses of 
 the International Bureau of the Universal Postal Union. ^ 
 
 For the purpose of admitting new members to the League, 
 the principle of equahty is recognized. New members may 
 be admitted by a two-thirds vote of the Assembly, in which 
 body aU members are equally represented. The principle 
 of equahty is recognized in all cases where the decisions of 
 the Assembly are made without reference to whether or 
 not the members of the Assembly are represented on the 
 Council. But in matters upon which the agreement of those 
 
 * For the purpose of assessment the countries are divided into seven classes and 
 each class is assessed a fixed number of imits of expenses. For the seven classes, the 
 number of units is fixed as follows: class 1, 25 units; class 2, 20 imits; class 3, 15 units; 
 class 4, 10 units; class 5, 5 units; class 6, 3 units; and class 7, 1 unit. When these co- 
 eflScients are multiplied by the number of countries in each class, the products thus ob- 
 tained, when added together, furnish the total number of units by which the total expense 
 of the Union is divided to ascertain the assessment per unit of expense. Thus in 1903 
 the Postmaster of the United States reported that his department was assessed 26 units 
 out of the total of 656 units, and that the amoimt paid by the United States was $958.44. 
 (United States Post Office Report, 1903.) 
 
 The following classification has been made: 
 
 Class 1: United States, Germany, Great Britain, France, Hungary, British India, 
 Australia, Canada, British colonies and protectorates of South Africa, all other British 
 colonies and protectorates, Italy, Japan, Russia, and Turkey. 
 
 Class 2: Spain. 
 
 Qass 3: Bel^um, Braidl, Egypt, the Netherlands, Roiunania, Sweden, Switzerland, 
 Algeria, the French colonies and protectorates of Indo-China, all other French colonies, 
 all the insular possessions of the United States, and the Dutch Indies. 
 
 Class 4: Denmark, Norway, Portugal, Portuguese colonies of Africa, all other Portu- 
 guese colonies. 
 
 Class 5: Argentine, Bosnia-Herzegovina, Bulgaria, Chile, Colombia, Greece, Mexico, 
 Peru, Serbia, and Tunis. 
 
 Class 6: Bolivia, Costa Rica, Cuba, Dominican RepubUc, Ecuador, Guatemala, 
 Haiti, Honduras, Luxembourg, Nicaragua, Panama, Paraguay, Persia, Salvador, Siam, 
 Uruguay, Venezuela, German protectorate in Africa, German protectorate in Asia and 
 Australasia, Danish colonies, Dutch Antilles, and Dutch Guiana. 
 
 Class 7: Congo Free State, Korea, Crete, Spanish settlements (6tablissements) in 
 the Gulf of Guinea, all Italian colonies, and Montenegro. (Article 38 of the Regulations 
 for the execution of the Univeral Postal Convention signed at Rome, May 26, 1906. 
 Hertslet's Commercial Treaties, XXV, pp. 492-493.) 
 
THE NEW INTERNATIONAL LAW 55 
 
 members represented on the Council is required, in addition 
 to a majority of the other members of the League (excluding 
 disputants), the principle of equaHty in the Assembly's 
 decisions is sacrificed because all members of the League 
 are not represented on the Council. The same is true with 
 regard to amendments. They inust be approved by a 
 majority of the members of the League including those 
 represented on the Council. In case all the members of 
 the Assembly agreed to a report made according to Article 
 XV or to an amendment, the principle of equality would 
 be recognized, but the fact that the vote of a member of 
 the Council must be in favor of the proposition before it is 
 binding, and that it will be binding without the votes of all 
 members of the Assembly, indicates that those members 
 of the League having representatives on the Council are 
 favored in these cases. Thus it is seen that the members of 
 the League are not equal in representation (on the Council), 
 or in the most important decisions, in voting power. This, 
 however, is only a recognition of the actual poHtical supe- 
 riority of the greater Powers; it does not derogate from 
 the principle of equaHty before the law. 
 
 The League an International Person of a New Type. — 
 It has been seen that the League of Nations is not a State 
 in any sense of the term, nor is it a government through 
 which the sovereignty of any particular State is expressed. 
 It cannot properly be called an alliance or a confederation, 
 although it is more like the latter than any known inter- 
 national organization. What, then, is its nature, and 
 juridical status in international law.f* 
 
 It is an international person voluntarily created by the 
 organized, sovereign States which form its membership, for 
 certain definite objects and ends which are enumerated in 
 the Covenant. It is, itself, a subject of international law, 
 
56 THE LEAGUE OF NATIONS AND 
 
 but at the same time it is the agency of the member States 
 to firmly estabHsh the understandings of international law 
 among the Governments of those States. It does this by 
 using methods of arbitration and conciUation in settUng 
 disputes, and by creating a Court of International Justice. 
 One of the functions of this international person is to assume 
 the trusteeship of the Saar Basin for a period of at least 
 fifteen years; this means that it is vested with a legal title 
 to, and with legal authority over, the territory of the 
 Basin. In other words, all the rules of international law 
 which apply in restraining one government from encroaching 
 on the rights of another, apply to the League in its govern- 
 ment of the Basin, except as otherwise stipulated by the 
 Versailles Treaty. The oflScials of the League enjoy diplo- 
 matic privileges and immunities when engaged on League 
 business; the representatives of the members of the League 
 enjoy the same privileges and immunities. Inviolability 
 attaches to the buildings and property occupied by the 
 League or its oflBcials or by representatives attending 
 meetings of the League. 
 
 The League maintains no ambassadors or ministers at 
 the capitals of its members. The purpose of such repre- 
 sentatives is to furnish an agency through which one 
 government deals with another. In case of the League this 
 purpose is fulfilled, and the objects for which the organi- 
 zation was created are attained, through the three instru- 
 mentaUties provided for in the Covenant. When the 
 Assembly and the Council are not in session, the permanent 
 Secretariat is the central agency for transacting League 
 business falling within its sphere. 
 
 While possessing some attributes of sovereignty which 
 have hitherto been regarded as attaching to sovereignty 
 over any particular State, and as expressed by the Govern- 
 
THE NEW INTERNATIONAL LAW 57 
 
 ment of that State, the League possesses only those attri- 
 butes which the members beheved could better be assigned 
 to a common agency than retained by themselves. They 
 beheved that by granting to this continuous international 
 agency certain so-called rights of sovereignty formerly 
 belonging to themselves, the residue of sovereignty retained 
 by them would be more secure, and not liable to destruction 
 by conquest of a foreign Power. They further saw that 
 they would be represented in the League, the common 
 agency for exercising those attributes of sovereignty volun- 
 tarily given it by the member States. In other words, a 
 new international person has been created, and the members 
 of the League have clothed that person with only enough 
 power, machinery, and sovereignty, to make reasonable 
 of expectation the attainment of the ends for which it is 
 primarily created, viz., the maintenance of international 
 peace and security, and the promotion of international 
 cooperation, through the development of international law. 
 
CHAPTER XI 
 
 CONCLUSIONS 
 
 In forming conclusions as to the effect of the League of 
 Nations upon international law i»-tfe€r1uture, it is well to 
 recapitulate the defects in that law, and in the general 
 international system, which existed before the estabhsh- 
 ment of the League, and then note the remedies or improve- 
 ments brought about, or likely to be brought about, by the 
 formation of the League. 
 
 The defects and weaknesses in the system existing up to 
 the time of the adoption of the Covenant and subsequent 
 establishment of the League of Nations, may be indicated 
 by the following questions : 
 
 (1) Of conflicting conceptions of international law, 
 which was the correct conception? Was there really a 
 system of international law, or only a code of ethics to be 
 regarded or disregarded at will? If there was a system of 
 law, was it positive or natural law, and did the nations of 
 the world need a system of positive law to govern them 
 in their relations with one another? 
 
 (2) Granting that the need of a system of law was 
 reahzed, were the methods of developing that law adequate 
 for the changing conditions in international relationship? 
 
 (3) Was the need of a system of law felt so keenly by 
 the nations of the world that they felt prepared to join 
 together in giving effect to the law and providing sanctions 
 to uphold it? 
 
 (4) Was the international machinery for administering 
 
THE NEW INTERNATIONAL LAW 59 
 
 the law and applying it to disputes between nations, ade- 
 quate for the purpose? 
 
 (5) And finally, was the theory of international law 
 formulated in the seventeenth century under the then 
 prevaiUng notions of sovereignty, and economic separate- 
 ness of nations, adequate in every respect for the world of 
 1920? 
 
 The answers to these questions have been given in the 
 body of this paper. They may be summarized in a single 
 paragraph. 
 
 In view of the preamble of the Covenant which makes the 
 understandings of international law the actual rule of 
 conduct among Governments, and of that section of the 
 Versailles Treaty providing for the trial of certain Germans 
 for violation of the laws and customs of war, it is seen that 
 international law is not a code of ethics, but is a system of 
 law. The Covenant shows plainly that the nations now 
 realize the need of a system of positive law. They also 
 realize the inadequacy of the old machinery for administer- 
 ing and applying the law, and have by the Covenant pro- 
 vided new agencies for these purposes, the most important 
 of which is the court of international justice. They have 
 felt the need of a system of law so keenly that they have 
 imited to give effect to the rule of law, and have agreed 
 to provide sanctions in certain cases where the supremacy 
 of the law is threatened. They have agreed to modify 
 the hitherto prevaiHng conception as to what a sovereign 
 nation may or may not do, and have cast their lot with a 
 common league of all, to the end that the government of 
 the world may be a government by law and not by diplo- 
 mats closeted in their secret chambers. 
 
APPENDICES 
 
 APPENDIX No. I 
 
 THE SMUTS PROPOSALS 
 
 Owing to the fact that many of the proposals of the South African 
 statesman, Jan Christian Smuts, were incorporated into the League 
 of Nations Covenant, the condensed form of his plan is here given. In 
 the original work entitled The League of Nations: A Practical Suggestion,^ 
 General Smuts discusses in detail each of the twenty-one points of his 
 plan, but the heart of each of his suggestions was summarized by him 
 as follows; 
 
 1. That in the vast multipUcity of territorial, economic, and other 
 problems with which the conference will find itself confronted it should 
 look upon the setting up of a league of nations as its primary and basic 
 task, and as supplying the necessary organ by means of which most 
 of those problems can find their only stable solution. Lideed, the con- 
 ference should regard itself as the first or preUminary meeting of the 
 league, intended to work out its organization, functions, and programme. 
 
 2. That, so far at any rate as the peoples and territories formerly 
 belonging to Russia, Austria-Hungary, and Turkey are concerned, the 
 league of nations should be considered as the reversionary in the most 
 general sense and as clothed with the right of ultimate disposal in ac- 
 cordance with certain fundamental principles. Reversion to the league 
 of nations should be substituted for any poHcy of national annexation. 
 
 3. These principles are: firstly, that there shall be no annexation 
 of any of these territories to any of the victorious Powers, and secondly, 
 that in the future government of these territories and peoples the rule 
 of self-determination, or the consent of the governed to their form of 
 government, shall be fairly and reasonably applied. 
 
 4. That any authority, control, or administration which may be 
 necessary in respect of these territories and peoples, other than their 
 
 Published December 16, 1918. 
 61 
 
62 APPENDIX 
 
 own self-determined autonomy, shall be the exclusive function of and 
 shall be vested in the league of nations and exercised by or on behalf of 
 it. 
 
 5. That it shall be lawful for the league of nations to delegate its 
 authority, control, or administration in respect of any people or territory 
 to some other state whom it may appoint as its agent or mandatory, 
 but that wherever possible the agent or mandatory so appointed shall 
 be nominated or approved by the autonomous people or territory, 
 
 6. That the degree of authority, control, or administration exercised 
 by the mandatory state shall in each case be laid down by the league 
 in a special act or charter, which shall reserve to it complete power to 
 ultimate control and supervision, as well as the right of appeal to it from 
 the territory or people affected against any gross breach of the mandate 
 by the mandatory state. 
 
 7. That the mandatory state shall in each case be bound to main- 
 tain the policy of the open door, or equal economic opportunity for all, 
 and shall form no miUtary forces beyond the standard laid down by the 
 league for the purposes of internal police. 
 
 8. That no new state arising from the old empires be recognized 
 or admitted into the league unless on condition that its mihtary forces 
 and armaments shall conform to the standard laid down by the league 
 in respect of it from time to time. 
 
 9. That, as the successor to the empires, the league of nations will 
 directly and without power of delegation watch over the relations inter 
 se of the new independent states arising from the break-up of those 
 empires, and will regard as a very special task the duty of conciliating 
 and composing differences between them with a view to the maintenance 
 of good order and general peace. 
 
 10. The constitution of the league will be that of a permanent con- 
 ference between the Governments of the constituent states for the pur- 
 pose of joint international action in certain defined respects, and will 
 not derogate from the independence of those states. It will consist of 
 a general conference, a council, and courts of arbitration and con- 
 ciliation. 
 
 11. The general conference, in which all constituent states will 
 have equal voting power, will meet periodically to discuss matters 
 submitted to it by the council. These matters will be general measures 
 of international law or arrangements or general proposals for limitation 
 of armaments for securing world peace, or any other general resolutions, 
 the discussion of which by the conference is desired by the council before 
 they are forwarded for the approval of the constituent Governments. 
 
APPENDIX 63 
 
 Any resolutions passed by the conference will have the effect of recom- 
 mendations to the national Governments and Parliaments. 
 
 12. The comicil will be the executive committee of the league, 
 and will consist of the Prime Ministers or Foreign Secretaries or other 
 authoritative representatives of the Great Powers, together with the 
 representatives drawn in rotation from two panels of the middle Powers 
 and minor states respectively, in such a way that the Great Powers have 
 a bare majority. A minority of three or more can veto any action or 
 resolution of the council. 
 
 13. The council will meet periodically, and will, in addition, hold 
 an annual meeting of Prime Ministers or Foreign Secretaries for a 
 general interchange of views, and for a review of the general pohcies 
 of the league. It will appoint a permanent secretariat and staff, and will 
 appoint joint committees for the study and coordination of the inter- 
 national questions with which the council deals, or questions likely to 
 lead to international disputes. It will also take the necessary steps 
 for keeping up proper liaison, not only with the Foreign Offices of the 
 constituent Governments, but also with the authorities acting on 
 behalf of the league in various parts of the world. 
 
 14. Its functions will be: 
 
 (a) To take executive action or control in regard to the matters set 
 forth in Section A [that is, points 1 to 9] or under any international 
 arrangements or conventions; 
 
 (6) To administer and control any property of an international 
 character, such as international waterways, rivers, straits, railways, 
 fortifications, air stations, etc.; 
 
 (c) To formulate for the approval of the Governments general 
 measures of international law, or arrangements for Umitation of arma- 
 ments or promotion of world peace. 
 
 (Its remaining functions in regard to world peace are dealt with in 
 the following Section C [that is, points 14 to 21]). 
 
 15. That all the states represented at the peace conference shall 
 agree to the abolition of conscription or compulsory military service; 
 and that their future defence shall consist of militia or volunteers, whose 
 numbers and training shall, after expert inquiry, be fixed by the council 
 of the league. 
 
 16. That while the hmitation of armaments in the general sense is 
 impracticable, the council of the league shall determine what direct 
 military equipment and armament is fair and reasonable in respect of 
 the forces laid down under paragraph 15, and that the limits fixed by 
 the council shall not be exceeded without its permission. 
 
64 APPENDIX 
 
 17. That all factories for the manufacture of direct weapons of war 
 shall be nationaUzed and their production shall be subject to the in- 
 spection of officers of the council; and that the council shall be furnished 
 periodically with returns of imports and exports of munitions of war 
 into or from territories of its members, and as far as possible into or from 
 other countries. 
 
 18. That the peace treaty shall provide that the members of the 
 league bind themselves jointly and severally not to go to war with 
 one another — 
 
 (a) without previously submitting the matter in dispute to arbi- 
 tration, or to inquiry by the council of the league; and 
 
 (6) until there has been an award, or a report by the council; and 
 (c) not even then, as against a member which comphes with the 
 award, or with the recommendation (if any) made by the council in 
 its report. 
 
 19. That the peace treaty shall provide that if any member of the 
 league breaks its covenant under paragraph 18, it shall ipso facto become 
 at war with all the other members of the league, which shall subject it 
 to complete economic and financial boycott, including the severance of 
 all trade and financial relations and the prohibition of all intercourse 
 between their subjects and the subjects of the covenant-breaking state, 
 and the prevention, as far as possible, of the subjects of the covenant- 
 breaking state from having any commercial or financial intercourse with 
 the subjects of any other state, whether a member of the league or not. 
 
 While all members of the league are obhged to take the above 
 measures, it is left to the council to recommend what effective naval or 
 military force the members shall contribute, and, if advisable, to ab- 
 solve the smaller members of the league from making such contribution. 
 
 The covenant-breaking state shall after the restoration of peace be 
 subject to perpetual disarmament and to the peaceful regime established 
 for new states under paragraph 8. 
 
 20. That the peace treaty shall further provide that if a dispute 
 should arise between any members of the league as to the interpretation 
 of a treaty, or as to any question of international law, or as to any fact 
 which if established would constitute a breach of any international 
 obhgation, or as to any damage alleged and the nature and measure of 
 the reparation to be made therefor, and if such dispute cannot be settled 
 by negotiation, the members bind themselves to submit the dispute 
 to arbitration and to carry out any award or decision which may be 
 rendered. 
 
 21. That if on any ground it proves impracticable to refer such 
 
APPENDIX 65 
 
 dispute [that is non-justiciable disputes] to arbitration, either party to 
 the dispute may apply to the council to take the matter of the dispute 
 into consideration. The council shall give notice of the appUcation to 
 the other party, and make the necessary arrangements for the hearing 
 of the dispute. The council shall ascertain the facts in regard to the 
 dispute and make recommendations based on the merits, and calculated 
 to secure a just and lasting settlement. Other members of the league 
 shall place at the disposal of the council all information in their posses- 
 sion which bears on the dispute. The council shall do its utmost by 
 mediation and conciUation to induce the disputants to agree on a 
 peaceful settlement. The recommendations shall be addressed to the 
 disputants and shall not have the force of decisions. If either party 
 threatens to go to war in spite of the recommendations, the council 
 shall pubhsh its recommendations. K the council fails to arrive at 
 recommendations, both the majority and the minority on the council 
 may pubhsh statements of the respective recommendations they favor, 
 and such pubhcation shall not be regarded as an unfriendly act by 
 either of the disputants. 
 
APPENDIX No. n 
 
 A DRAFT OF THE COMPOSITE COVENANT MADE BY THE LEGAL 
 ADVISERS OF THE COMMISSION ON THE LEAGUE 
 
 PRESENTED BY MR. LODGE 
 
 August 20, 1919 — Ordered to be printed 
 Senate Doc. 74, 66 Cong. 1st Session 
 
 COVENANT 
 
 Preamble 
 
 In order to secure international peace and security by tlie acceptance 
 of obligations not to resort to the use of armed force, by the prescription 
 of open, just, and honorable relations between nations, by the firm 
 establishment of the understandings of international law as the actual 
 rule of conduct among governments, and by the maintenance of justice 
 and a scrupulous respect for all treaty obhgations in the dealings of 
 organized peoples with one another, and in order to promote international 
 cooperation, the powers signatory to this covenant adopt this constitu- 
 tion of the league of nations. 
 
 Article 1 
 
 The action of the high contracting parties under the terms of this 
 covenant shall be effected through the instrumentahty of meetings of 
 delegates representing the high contracting parties, of meetings at 
 more frequent intervals of an executive council representing the States 
 more immediately concerned in the matters under discussion, and of 
 a permanent international secretariat to be estabhshed at the capital 
 of the league. 
 
 Article 2 
 
 Meetings of the body of delegates shall be held from time to time 
 as occasion may require for the purpose of dealing with matters within 
 the sphere of action of the league. 
 
 Meetings of the body of delegates shall be held at the capital of the 
 league or at such other place as may be found convenient and shall 
 
 66 
 
APPENDIX 67 
 
 consist of not more than two representatives of each of the high con- 
 tracting parties. 
 
 An ambassador or minister of one of the high contracting parties 
 shall be competent to act as its representative. 
 
 All matters of procedure at meetings of the body of delegates, in- 
 cluding the appointment of committees to investigate particular matters, 
 shall be regulated by the body of delegates and may be decided by a 
 majority of those present at the meeting. 
 
 Article 3 
 
 The representatives of the States members of the league directly 
 affected by matters within the sphere of action of the league will meet 
 as an executive council from time to time as occasion may require. 
 
 The United States of America, Great Britain, France, Italy, and 
 Japan shall be deemed to be directly affected by all matters within 
 the sphere of action of the league. Invitations will be sent to any 
 power whose interests are directly affected, and no decision taken at 
 any meeting will be binding on a State which was not invited to be 
 represented at the meeting. 
 
 Such meetings will be held at whatever place may be decided on, 
 or failing any such decision at the capital of the league, and any mat- 
 ter affecting the interests of the league or relating to matters within 
 its sphere of action or likely to affect the peace of the world may be 
 dealt with. 
 
 Article 4 
 
 The permanent secretariat of the league shall be established at 
 which shall constitute the capital of the league. The secre- 
 
 tariat shall comprise such secretaries and staff as may be required, 
 under the general direction and control of a chancellor of the league 
 by whom they shall be appointed. 
 
 The chancellor shall act as secretary at all meetings of the body of 
 delegates or of the executive council. 
 
 The expenses of the secretariat shall be borne by the States mem- 
 bers of the league in accordance with the distribution among mem- 
 bers of the Postal Union of the expenses of the International Postal 
 Union. 
 
 Article 5 
 
 Representatives of the high contracting parties and oflficials of the 
 league when engaged on the business of the league shall enjoy diplo- 
 matic privileges and immunities, and the buildings occupied by the 
 
68 APPENDIX 
 
 league or its officials or by representatives attending its meetings 
 shall enjoy the benefits of extraterritoriaUty. 
 
 Article 6 
 
 Admission to the league of States who are not signatories of this 
 covenant requires the assent of not less than two-thirds of the body 
 of delegates. 
 
 No State shall be admitted to the league except on condition that 
 its military and naval forces and armaments shall conform to stand- 
 ards prescribed by the league in respect of it from time to time. 
 
 Article 7 
 
 The high contracting parties undertake to respect and preserve as 
 against external aggression the territorial integrity and existing pohtical 
 independence of all States members of the league. 
 
 Article 8 
 
 The high contracting parties recognize the principle that the main- 
 tenance of peace will require the reduction of national armaments to 
 the lowest point consistent with domestic safety and the enforcement 
 by common action of international obhgations; and the executive 
 council shall formulate plans for effecting such reduction. It shall 
 also inquire into the feasibihty of abolishing compulsory mihtary service 
 and the substitution therefor of forces enrolled upon a voluntary basis 
 and into the mihtary and naval equipment which it is reasonable to 
 maintain. 
 
 The high contracting parties further agree that there shall be full 
 and frank publicity as to all national armaments and mihtary or naval 
 programs. 
 
 Article 9 
 
 Any war or threat of war, whether immediately affecting any of 
 the high contracting parties or not, is hereby declared a matter of 
 concern to the league and the high contracting parties reserve the 
 right to take any action that may be deemed wise and effectual to 
 safeguard the peace of nations. 
 
 It is hereby also declared and agreed to be the friendly right of 
 each of the high contracting parties to draw the attention of the body 
 of delegates or of the executive council to any circumstances anywhere 
 which threaten to disturb international peace or the good understanding 
 between nations upon which peace depends. 
 
APPENDIX 69 
 
 Article 10 
 
 The high contracting parties agree that should disputes arise be- 
 tween them which can not be adjusted by the ordinary processes of 
 diplomacy, they will in no case resort to armed force without pre- 
 viously submitting the questions and matters involved either to arbi- 
 tration or to inquiry by the executive council, and until three months 
 after the award by the arbitrators or a recommendation by the exec- 
 utive council; and that they will not even then resort to armed force 
 as against a member of the league which complies with the award 
 of the arbitrators or the recommendation of the executive council. 
 
 Article 11 
 
 The high contracting parties agree that whenever any dispute or 
 difficulty shall arise between them which they recognize to be suit- 
 able for submission to arbitration and which can not be satisfactorily 
 settled by diplomacy, they will submit the whole subject matter to 
 arbitration and will carry out in full good faith any award or decision 
 that may be rendered. 
 
 Article 12 
 
 The executive council will formulate plans for the establishment 
 of a permanent court of international justice and this court will be 
 competent to hear and determine any matter which the parties rec- 
 ognize as suitable for submission to it for arbitration imder the fore- 
 going article. 
 
 Article 13 
 
 If there should arise between States members of the league any 
 dispute Kkely to lead to a rupture, which is not submitted to arbi- 
 tration as above, the high contracting parties agree that they will 
 refer the matter to the executive council; either party to the dispute 
 may give notice to the chancellor of the existence of the dispute, and 
 the chancellor will make all necessary arrangements for a full in- 
 vestigation and consideration thereof. For this purpose the parties 
 agree to communicate to the chancellor statements of their case, with 
 all the relevant facts and papers. 
 
 Where the efforts of the council lead to the settlement of the dis- 
 pute a statement shall be prepared for publication indicating the 
 nature of the dispute and the terms of settlement, together with such 
 explanations as may be appropriate. If the dispute has not been 
 settled a report by the council shall be pubhshed, setting forth with all 
 
70 APPENDIX 
 
 necessary facts and explanations, the recommendations which the 
 comicil think just and proper for the settlement of the dispute. If the 
 report is unanimously agreed to by the members of the council, other 
 than the parties to the dispute, the high contracting parties agree that 
 none of them will go to war with any party which complies with its 
 recommendations. If no such unanimous report can be made it shall 
 be the duty of the majority to issue a statement indicating what they 
 beheve to be the facts and containing the recommendations which they 
 consider to be just and proper. 
 
 The executive coimcil may in any case under this article refer 
 the dispute to the body of delegates. The dispute shall be so referred 
 at the request of either party to the dispute. In any case referred to 
 the body of delegates all the provisions of this article relating to the 
 action and powers of the executive council shall apply to the action and 
 powers of the body of delegates. 
 
 Article 14 
 
 Should any of the high contracting parties be found by the league 
 to have broken or disregarded its covenants imder Article X it shall 
 thereby ipso facto be deemed to have committed an act of war against 
 all the other members of the league, which shall immediately subject 
 it to the severance of all trade or financial relations, the prohibition of 
 all intercourse between their nationals and the nationals of the covenant- 
 breaking State, and the prevention, so far as possible, of all financial, 
 commercial, or personal intercourse between the nationals of the cove- 
 nant-breaking State and the nationals of any other State, whether a 
 member of the league or not. 
 
 It shall be the duty of the executive council in such a case to rec- 
 ommend what effective mihtary or naval force the members of the 
 league shall severally contribute to the armed forces to be used to 
 protect the covenants of the league. 
 
 The high contracting parties agree, further, that they will mutu- 
 ally support one another in the financial and economic measures which 
 are taken under this article in order to minimize the loss and incon- 
 venience resulting from the above measures, and that they will mu- 
 tually support one another in resisting any special measures aimed 
 at one of their number by the covenant-breaking State, and that they 
 will afford passage through their territory to the forces of any of the 
 high contracting parties who are cooperating to protect the covenants 
 of the league. 
 
APPENDIX 71 
 
 Article 15 
 
 In the event of disputes between one State member of the league 
 and another State which is not a member of the league, or between 
 States not members of the league, the high contracting parties agree 
 that the State or States not members of the league shall be invited to 
 become ad hoc members of the league, and upon acceptance of any 
 such invitation, the above provisions shall be applied with such modi- 
 fications as may be deemed necessary by the league. 
 
 Upon such invitation being given the executive council shall im- 
 mediately institute an inquiry into the circumstances and merits of 
 the dispute and recommend such action as may seem best and most 
 effectual in the circumstances. 
 
 In the event of a power so invited refusing to become ad hoc a 
 member of the league, and taking any action against a State mem- 
 ber of the league, which in the case of a State member of the league 
 would constitute a breach of Article X, the provisions of Article XIV 
 shall be applicable as against the State taking such action. 
 
 If both parties to the dispute when so invited refuse to become ad 
 hoc members of the league the executive council may take such action 
 and make such recommendations as will prevent hostilities and will 
 result in the settlement of the dispute. 
 
 Article 16 
 
 The high contracting parties entrust to the league the general 
 supervision of the trade in arms and ammunition with the countries 
 in which the control of this traflfic is necessary in the common interest. 
 
 Article 17 
 The high contracting parties agree that in respect of territories 
 which formerly belonged to the German Empire or to Turkey and 
 which are inhabited by i>eoples unable at present to secure for them- 
 selves the benefits of a stable administration, the well being of these 
 peoples constitutes a sacred trust for civilization and imposes upon 
 the States members of the league the obhgation to render help and 
 guidance in the development of the administration. They recognize 
 that all policies of administration or economic development should 
 be based primarily upon the well-considered interests of the peoples 
 themselves, upon the maintenance of the policy of the open door and 
 of equal opportunity for all the high contracting parties in respect 
 of the use and development of the economic resources of the territory. 
 No military or naval forces shall be formed among the inhabitants 
 
72 APPENDIX 
 
 of the territories in excess of those required for purposes of defense 
 and of internal police. 
 
 Article 18 
 
 The high contracting parties will work to establish and maintain 
 fair hours and humane conditions of labor for all those within their 
 several jurisdictions and they will exert their influence in favor of 
 the adoption and maintenance of a similar pohcy and hke safeguards 
 wherever their industrial and commercial relations extend. Also 
 they will appoint commissions to study conditions of industry and 
 labor in their international aspects and to make recommendations 
 thereon, including the extension and improvement of existing con- 
 ventions. 
 
 Article 19 
 
 The high contracting parties agree that they will make no law 
 prohibiting or interfering with the free exercise of religion, and that 
 they will in no way discriminate, either in law or in fact, against those 
 who practice any particular creed, religion, or belief whose practices 
 are not inconsistent with public order or pubhc morals. 
 
 Article 20 
 The high contracting parties will agree upon provisions intended 
 to secure and maintain freedom of transit and just treatment for the 
 commerce of all States members of the league. 
 
 Article 21 
 
 The high contracting parties agree that any treaty or international 
 engagement entered into between States members of the league shall 
 be forthwith registered with the chancellor and as soon as possible 
 published by him. 
 
 Article 22 
 
 The high contracting parties severally agree that the present cove- 
 nant is accepted as abrogating all obligations inter se which are in- 
 consistent with the terms hereof, and solemnly engage that they will 
 not hereafter enter into any engagements inconsistent with the terms 
 hereof. 
 
 In case any of the powers signatory hereto or subsequently ad- 
 mitted to the league shall, before becoming a party to this covenant, 
 have undertaken any obligations which are inconsistent with the 
 terms of this covenant, it shall be the duty of such power to take im- 
 mediate steps to procure its release from such obligations. 
 
APPENDIX No. Ill 
 
 LEAGUE OF NATIONS 
 COMPARISON OF THE PLAN FOR THE LEAGUE OF NATIONS 
 
 SHOWING THE OBIGINAL DRAFT AS PRESENTED TO THE COMMISSION CONSTITUTED BY THE 
 PRELIMINARY PEACE CONFERENCE IN SESSION AT VERSAILLES, FRANCE, TOGETHER 
 WITH THE COVENANT AS FINALLY REPORTED AND ADOPTED AT THE PLENARY SESSION 
 OP THE PEACE CONFERENCE. 
 
 PRESENTED BY MR. PITTMAN 
 
 May 20, 1919 — Ordered to be printed 
 Senate Doc. 7, 66 Cong. 1st Session 
 
 Covenant for the League of Nations Showing the Preliminary Reported 
 Draft and the Covenant as Finally Adopted at the Plenary Session. 
 
 In the revised text, the italics which are the author's show changes from the 
 original, or new matter. The revised text has been corrected from the official text of 
 the Versailles Treaty. 
 
 PRELIMINARY DRAFT DRAFT FINALLY ADOPTED 
 
 Covenant — Preamble 
 
 In order to promote interna- The high contracting parties, 
 
 tional cooperation and to secure in order to promote international 
 
 international peace and security cooperation, to achieve interna- 
 
 by the acceptance of obligations tional peace and security by the 
 
 not to resort to war, by the pre- acceptance of obligations not to 
 
 scription of open, just, and hon- resort to war, by the prescription 
 
 orable relations between nations, of open, just, and honorable rela- 
 
 by the firm establishment of the tions between nations, by the firm 
 
 understandings of international establishment of the understand- 
 
 law as the actual rule of conduct ings of international laws as the 
 
 among Governments, and by the actual rule of conduct among 
 
 maintenance of justice and a governments and by the mainte- 
 
 scrupulous respect for all treaty nance of justice and a scrupulous 
 
 obligations in the dealings of or- respect for all treaty obhgations 
 
 73 
 
74 
 
 APPENDIX 
 
 ganized people with one another, in the dealings of organized peo- 
 
 the powers signatory to this cove- pies with one another, agree to 
 
 nant adopt this constitution of the this covenant of the league of 
 
 league of nations. nations. 
 
 Article 1 
 
 The original members of the 
 league of nations shall be those 
 of the signatories which are 
 named in the annex to this cov- 
 enant and also such of those other 
 States named in the annex as 
 shall accede without reservation 
 to this covenant. Such accession 
 shall be efiFected by a declaration 
 deposited with the secretariat 
 within two months of the coming 
 into force of the covenant. No- 
 tice thereof shall be sent to all 
 other members of the league. 
 
 Any fully self-governing State, 
 dominion, or colony not named in 
 the annex may become a member 
 of the league if its admission is 
 agreed by two-thirds of the as- 
 sembly, provided that it shall 
 give effective guaranties of its 
 sincere intention to observe its in- 
 ternational obligations and shall 
 accept such regulations as may 
 be prescribed by the league in re- 
 gard to its military, naval and air 
 forces and armaments. 
 
 Any member of the league mayy 
 after two years' notice of its in- 
 tention so to do, imthdraw from 
 the leaguBy provided that all its 
 international obligations and aU 
 its obligations under this cove- 
 nant shall have been fulfilled at 
 the time of its loithdrawal. 
 
 See Par. 1, Article 7. 
 
 See Par. 2, Article 7. 
 
APPENDIX 
 
 75 
 
 Article 1 
 The action of the high con- 
 tracting parties under the terms 
 of this covenant shall be efiPected 
 through the instrumentality of 
 meeting of a body of delegates 
 representing the high contracting 
 parties, of meeting at more fre- 
 quent intervals of an executive 
 council, and of a permanent in- 
 ternational secretariat to be estab- 
 lished at the seat of the league. 
 
 Article 2 
 
 Meetings of the body of dele- 
 gates shall be held at stated inter- 
 vals and from time to time as occa- 
 sion may require for the purpose 
 of dealing with matters within 
 the sphere of action of the league. 
 
 Meetings of the body of dele- 
 gates shall be held at the seat of 
 the league or at such other place 
 as may be found convenient, and 
 shall consist of representatives of 
 the high contracting parties. 
 
 Each of the high contracting 
 parties shall have one vote, but 
 may not have more than three 
 representatives. 
 
 Article 3 
 
 The executive council shall 
 consist of representatives of the 
 United States of America, the 
 British Empire, France Italy, 
 
 Article 2 
 The action of the league under 
 this covenant shall be effected 
 through the instrumentality of 
 an assembly and of a council, 
 with a permanent secretariat. 
 
 Article 3 
 
 The assembly shall consist of 
 representatives of the members 
 of the league. 
 
 The assembly shall meet at 
 stated intervals and from time to 
 time as occasion may require, at 
 the seat of the league or at such 
 other place as may be decided 
 upon. 
 
 The assembly may deal at its 
 meetings with any matter within 
 the sphere of action of the league 
 or affecting the peace of the world. 
 
 At meetings of the assembly 
 each member of the league shall 
 have one vote, and may have not 
 more than three representatives. 
 
 Article 4 
 
 The council shall consist of 
 representatives of the United 
 States of America, of the British 
 Empire, of France, of Italy, and 
 
76 
 
 APPENDIX 
 
 and Japan, together with repre- 
 sentatives of four other States, 
 members of the league. The se- 
 lection of these four States shall 
 be made by the body of delegates 
 on such principles and in such 
 manner as they think fit. Pend- 
 ing the appointment of these rep- 
 resentatives of the other States, 
 
 representatives of shall be 
 
 members of the executive council. 
 
 Meetings of the council shall be 
 held from time to time as occasion 
 may require, and at least once a 
 year, at whatever place may be 
 decided upon, or, failing any such 
 decision, at the seat of the league, 
 and any matter within the sphere 
 of action of the league or affecting 
 the peace of the world may be 
 dealt with at such meetings. 
 
 Invitations shall be sent to any 
 power to attend a meeting of the 
 council at which matters directly 
 affecting its interests are to be dis- 
 cussed, and no decision taken at 
 any meeting will be binding on 
 such powers unless so invited. 
 
 of Japan, together with represent- 
 atives of four other members of 
 the league. These four members 
 of the league shall be selected by 
 the assembly from time to time 
 in its discretion. Until the ap- 
 pointment of the representatives 
 of the four members of the league 
 first selected by the assembly, rep- 
 resentatives of Belgium, Brazil, 
 Spain, and Greece shall be mem- 
 bers of the council. 
 
 With the approval of the ma- 
 jority of the assembly, the coun- 
 cil may name additional members 
 of the league, whose representa- 
 tives shall always be members of 
 the council, the council with like 
 approval may increase the num- 
 ber of members of the league to 
 be selected by the assembly for 
 representation on the council. 
 
 The council shall meet from 
 time to time as occasion may re- 
 quire, and at least once a year, at 
 the seat of the league, or at such 
 other place as may be decided 
 upon. 
 
 The council may deal at its 
 meetings with any matter within 
 the sphere of action of the league 
 or affecting the peace of the 
 world. 
 
 Any member of the league not 
 represented on the council shall 
 be invited to send a representa- 
 tive to sit as a member at any 
 meeting of the council during the 
 consideration of matters specially 
 affecting the interests of that 
 member of the league. 
 
APPENDIX 
 
 77 
 
 At meetings of the council each 
 member of the league represented 
 on the council shall have one vote, 
 and may have not more than one 
 representative. 
 
 Article 4 
 
 All matter of procedure at 
 meetings of the body of delegates 
 or the executive council, includ- 
 ing the appointment of the com- 
 mittees to investigate particular 
 matters, shall be regulated by the 
 body of delegates or the executive 
 council, and may be decided by a 
 majority of the States represented 
 at the meeting. 
 
 The first meeting of the body 
 of delegates and of the executive 
 council shall be summoned by the 
 President of the United States of 
 America. 
 
 Article 5 
 
 Except where otherwise ex- 
 pressly provided in this covenant, 
 or by the terms of this treaty, 
 decisions at any meeting of the 
 assembly or of the council shall 
 require the agreement of all the 
 members of the league repre- 
 sented at the meeting. 
 
 All matters of procedure at 
 meetings of the assembly or of the 
 council, including the appoint- 
 ment of committees to investigate 
 particular matters, shall be regu- 
 lated by the assembly or by the 
 council, and may be decided by 
 a majority of the members of 
 the league represented at the 
 meeting. 
 
 The first meeting of the assem- 
 bly and the first meeting of the 
 council shall be summoned by the 
 President of the United States of 
 America. 
 
 Article 5 
 
 The permanent secretariat of 
 the league shall be estabhshed at 
 
 , which shall constitute the 
 
 seat of the league. The secre- 
 tariat shall comprise such secre- 
 taries and staff as may be re- 
 quired, under the general direc- 
 tion and control of a secretary 
 
 Article 6 
 
 The permanent secretariat 
 shall be established at the seat of 
 the league. The secretariat shall 
 comprise a secretariat general and 
 such secretaries and staff as may 
 be required. 
 
 The first secretary general shall 
 be the person named in the annex; 
 
78 
 
 APPENDIX 
 
 general of the league, who shall 
 be chosen by the executive coun- 
 cil; 
 
 the secretariat shall be appointed 
 by the secretary general, subject 
 to confirmation by the executive 
 council. 
 
 The secretary general shall act 
 in that capacity at all meetings 
 of the body of delegates or of the 
 executive council. 
 
 The expenses of the secretariat 
 shall be borne by the States mem- 
 bers of the league in accordance 
 with apportionment of the ex- 
 penses of the International Bureau 
 of the Universal Postal Union. 
 
 thereafter the secretary general 
 shall be appointed by the council 
 with the approval of the majority 
 of the assembly. 
 
 The secretaries and the 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 Postal Union. 
 
 Article 6 
 
 See Par. 2, Article 8. 
 
 Representatives of the high 
 contracting parties and officials of 
 the league when engaged on the 
 business of the league shall en- 
 joy diplomatic privileges and im- 
 munities, and the buildings occu- 
 pied by the league or its officials 
 or by representatives attending its 
 meetings shall enjoy the benefits 
 of extraterritoriahty. 
 
 Article 7 
 
 The seat of the league is estab- 
 lished at Geneva. 
 
 The council may at any time 
 decide that the seat of the league 
 shall be established elsewhere. 
 
 All positions under or in con- 
 nection with the league, includ- 
 ing the secretariat^ shall be open 
 equally to men and women. 
 
 Representatives of the mem- 
 bers of the league and officials of 
 the league when engaged on the 
 business of the league shall enjoy 
 diplomatic privileges and immu- 
 nities. 
 
 The buildings and other prop- 
 erty occupied by the league or its 
 officials or by representatives at- 
 tending its meetings shall be in- 
 violable. 
 
APPENDIX 
 
 79 
 
 Article 7 
 
 Admission to the league of 
 States not signatories to the cove- 
 nant and not named in the pro- 
 tocol hereto as States to be invited 
 to adhere to the covenant requires 
 the assent of the not less than 
 two-thirds of the States repre- 
 sented in the body of delegates, 
 and shall be Umited to fully self- 
 governing countries, including 
 dominions and colonies. 
 
 No State shall be admitted to 
 the league unless it is able to give 
 effective guaranties of its sincere 
 intention to observe its interna- 
 tional obligations, and unless it 
 shall conform to such principles 
 as may be prescribed by the league 
 in regard to its naval and mili- 
 tary forces and armaments. 
 
 See Par, 2, Article 1. 
 
 Article 8 
 
 The high contracting parties 
 recognize the principle that the 
 maintenance of peace will require 
 the reduction of national arma- 
 ments to the lowest point consist- 
 ent with national safety and the 
 enforcement by common action of 
 international obligations, having 
 special regard to the geographical 
 situation and circumstances of 
 each State; and the executive 
 council shall formulate plans for 
 effecting such reduction. 
 
 Article 8 
 
 The members of the league 
 recognize that the maintenance of 
 a 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 reduc- 
 tion for the consideration and ac- 
 tion of the several Governments, 
 
 Such plans shall be subject to 
 reconsideration and revision at 
 least every 10 years. 
 
80 
 
 APPENDIX 
 
 The executive council shall also 
 determine for the consideration 
 and action of the several govern- 
 ments what miUtary equipment 
 and armament is fair and reason- 
 able in proportion to the scale of 
 forces laid down in the program 
 of disarmament, and these limits, 
 when adopted, shall not be ex- 
 ceeded without the permission of 
 the executive council. 
 
 The high contracting parties 
 agree that the manufacture by 
 private enterprise of munitions 
 and implements of war lends 
 itself to grave objections, and 
 direct the executive council to ad- 
 vise how the evil effects attend- 
 ant upon such manufacture can 
 be prevented, due regard being 
 had to the necessities of these 
 countries which are not able to 
 manufacture for themselves the 
 munitions and implements of war 
 necessary for their safety. 
 
 The high contracting parties 
 undertake in no way to conceal 
 from each other the condition of 
 such of their industries as are 
 capable of being adapted to war- 
 Uke purposes or the scale of their 
 armaments, and agree that there 
 shall be full and frank inter- 
 change of information as to their 
 military and naval programs. 
 
 After these plans shall have 
 been adopted by the several Gov- 
 ernments, Umits 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 manufac- 
 ture 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 un- 
 dertake to interchange full and 
 frank information as to the scale 
 of their armaments, their miU- 
 tary and naval programs, and the 
 condition of such of their indus- 
 tries as are adaptable to warlike 
 purposes. 
 
 Article 9 
 
 A permanent commission shall 
 be constituted to advise the league 
 on the execution of the provisions 
 
 Article 9 
 
 A permanent commission shall 
 be constituted to advise the coun- 
 cil on the execution of the provi- 
 
APPENDIX 
 
 81 
 
 of Article 8 and on military, naval 
 and air questions generally. 
 
 sions of Articles 1 and 8 and on 
 military and naval questions gen- 
 erally. 
 
 Article 10 
 
 The high contracting parties 
 undertake to respect and preserve 
 as against external aggression the 
 territorial integrity and existing 
 poHtical independence of all 
 States members of the league. In 
 case of any such aggression, or in 
 case of any threat or danger of 
 such aggression, the executive 
 council shall advise upon the 
 means by which the obligation 
 shall be fulfilled. 
 
 Article 10 
 
 The members of the league un- 
 dertake to respect and preserve 
 as 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 ad- 
 vise upon the means by which this 
 obhgation shall be fulfilled. 
 
 Article 11 
 
 Any war or threat of war, 
 whether immediately affecting 
 any of the high contracting par- 
 ties or not, is hereby declared a 
 matter of concern to the league, 
 and the high contracting parties 
 reserve the right to take any ac- 
 tion that may be deemed wise and 
 effectual to safeguard the peace 
 of nations. 
 
 It is hereby also declared and 
 agreed to be the friendly right of 
 each of the high contracting par- 
 ties to draw the attention of the 
 body of delegates or of the execu- 
 tive council to any circumstances 
 affecting international intercourse 
 
 Article 11 
 
 Any war or threat of wa|r 
 whether immediately affecting 
 any of the members of the league 
 or not, is hereby declared a mat- 
 ter 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 meet- 
 ing 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 dis- 
 
82 
 
 APPENDIX 
 
 which threaten to disturb inter- 
 national peace or the good under- 
 standing between nations upon 
 which peace depends. 
 
 turb international peace or the 
 good understanding between na- 
 tions upon which peace depends. 
 
 Article 12 
 
 The high contracting parties 
 agree that should disputes arise 
 between them which can not be 
 adjusted by the ordinary proc- 
 esses of diplomacy they will in 
 no case resort to war without pre- 
 viously submitting the question 
 and matters involved either to 
 arbitration or to inquiry by the 
 executive council and until three 
 months after the award by the ar- 
 bitrators or a recommendation by 
 the executive council; and that 
 they will not even then resort to 
 war as against a member of the 
 league which complies with the 
 award of the arbitrators or the 
 recommendation of the executive 
 council. 
 
 In any case under this article, 
 the award of the arbitrators shall 
 be made within a reasonable time, 
 and the recommendation of the 
 executive council shall be made 
 within six months after the sub- 
 mission of the dispute. 
 
 Article 12 
 
 The members of the league 
 agree that if there should arise 
 between them any dispute hkely 
 to lead to a rupture, they will 
 submit the matter either to arbi- 
 tration or to inquiry by the coun- 
 cil, 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. 
 
 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 after 
 the submission of the dispute. 
 
 Article 13 
 
 The high contracting parties 
 agree that whenever any dispute 
 or diflBculty shall arise between 
 them which they recognize to be 
 suitable for submission to arbitra- 
 tion and which can not be satis- 
 
 Article 13 
 
 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 can not be satisfactorily 
 
APPENDIX 
 
 83 
 
 factorily settled by diplomacy, 
 they will submit the whole matter 
 to arbitration. 
 
 For this purpose the court of 
 arbitration to which the case is 
 referred shall be the court agreed 
 upon by the parties or stipulated 
 in any convention existing be- 
 tween them. 
 
 The high contracting parties 
 agree that they will carry out in 
 full good faith any award that 
 may be rendered. 
 
 See Par. 1, Art. 12. 
 
 In the event of any failure to 
 carry out the award, the execu- 
 tive council shall propose what 
 steps can best be taken to give 
 effect thereto. 
 
 settled by diplomacy, they will 
 submit the whole subject matter 
 to arbitration. Disputes as to the 
 interpretation of a treaty, as to 
 any question of international law, 
 as to the existence of any fact 
 which if established would consti- 
 tute a breach of any international 
 obligation, or as to the extent and 
 nature of the reparation to be 
 made for any such breach, are de- 
 clared to be among those which 
 are generally suitable for submis- 
 sion to arbitration. 
 
 For the consideration of any 
 such dispute the court of arbitra- 
 tion to which the case is referred 
 shall be the court agreed on by 
 the parties to the dispute or stip- 
 ulated 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 com- 
 plies 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 14 
 
 The executive council shall for- 
 mulate plans for the establish- 
 ment of a permanent court of 
 international justice, and this 
 court shall, when estabUshed, be 
 
 Article 14 
 
 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. 
 
84 
 
 APPENDIX 
 
 competent to hear and determine 
 any matter which the parties 
 recognize as suitable for submis- 
 sion to it for arbitration under 
 the foregoing article. 
 
 Article 15 
 
 K there should arise between 
 States, members of the league, 
 any dispute Ukely to lead to rup- 
 ture, which is not submitted to 
 arbitration as above, the high 
 contracting parties agree that 
 they wUl refer the matter to the 
 executive council; either party to 
 the dispute may give notice of 
 the existence of the dispute to 
 the secretary general, who will 
 make aU necessary arrangements 
 for a full investigation and con- 
 sideration thereof. For this pur- 
 pose the parties agree to commu- 
 nicate to the secretary general, as 
 promptly as possible, statements 
 of their case with all the rel- 
 evant facts and papers, and the 
 executive council may forthwith 
 direct the publication thereof. 
 
 Where the efforts of the council 
 lead to the settlement of the dis- 
 pute, a statement shall be pub- 
 hshed indicating the nature of 
 the dispute and the terms of set- 
 tlement, together with such ex- 
 planations as may be appropriate. 
 
 If the dispute has not been set- 
 
 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 dis- 
 pute or question referred to it by 
 the council or by the assembly. 
 
 Article 15 
 
 If there should arise between 
 members of the league any dis- 
 pute Hkely to lead to a rupture, 
 which is not submitted to arbitra- 
 tion in accordance with Article 13, 
 the members of the league agree 
 that they will submit the matter 
 to the council. Any party to 
 the dispute may effect such sub- 
 mission by giving notice of the 
 existence of the dispute to the 
 secretary general, who will make 
 all necessary arrangements for a 
 full investigation and considera- 
 tion thereof. 
 
 For this purpose the parties to 
 the dispute will communicate to 
 the secretary general, as promptly 
 as possible, statements of their 
 case, all the relevant facts and 
 papers, and the council may forth- 
 with direct the pubUcation thereof. 
 
 The council shall endeavor to 
 effect a settlement of any dispute, 
 and if such efforts are successful 
 a statement shall be made public 
 giving such facts and explana- 
 tions regarding the dispute, terms 
 of settlement thereof as the coun- 
 cil may deem appropriate. 
 
 K the dispute is not thus set- 
 
APPENDIX 
 
 85 
 
 tied, a report by the council shall 
 be published, setting forth with 
 all necessary facts and explana- 
 tions the recommendation which 
 the council thinks just and proper 
 for the settlement of the dispute. 
 
 If the report is unanimously 
 agreed to by the members of the 
 council other than the parties to 
 the dispute, the high contracting 
 parties agree that they will not 
 go to war with any party which 
 compUes with the recommenda- 
 tions, and that if any party shall 
 refuse so to comply the council 
 shall propose measures necessary 
 to give effect to the reason. If 
 no such unanimous report can be 
 made, it shall be the duty of the 
 majority and the privilege of the 
 minority to issue statements in- 
 dicating what they beheve to be 
 the facts and containing the rea- 
 sons which they consider to be 
 just and proper. 
 
 tied, the council either unani- 
 mously or by a majority vote 
 shall make and publish a report 
 containing a statement of the 
 facts of the dispute and the rec- 
 ommendations which are deemed 
 just and proper in regard thereto. 
 
 Any member of the league rep- 
 resented on the council may make 
 public a statement of the facts of 
 the dispute and of its concluMons 
 regarding the same. 
 
 If a report by the council is 
 imanimously 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 com- 
 plies 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 vnthin 
 the domestic jurisdiction of that 
 party, the council shall so report 
 and shall make no recommenda- 
 tion as to its settlement. 
 
APPENDIX 
 
 The executive council may in 
 any case under this article refer 
 the dispute to the body of dele- 
 gates. The dispute shall be so re- 
 ferred at the request of either 
 party to the dispute, provided 
 that such request must be made 
 within 14 days after the submis- 
 sion of the dispute. 
 
 In any case referred to the 
 body of delegates all the pro- 
 visions of this article and of Arti- 
 cle 12 relating to the action of the 
 executive council shall apply to 
 the action and powers of the body 
 of delegates. 
 
 The council may in any case 
 under this article refer the dis- 
 pute to the assembly. The dis- 
 pute shall be so referred at the 
 request of either party to the 
 dispute, provided that such re- 
 quest be made within 14 days 
 after the submission of the dis- 
 pute to the council. 
 
 In any case referred to the as- 
 sembly all the provisions of this 
 article and of Article 12, relating 
 to the action and powers of the 
 council, shall apply to the action 
 and powers of the assembly, fro- 
 vided 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, ex- 
 clusive in each case of the repre- 
 sentatives of the parties to the 
 dispute, shall have the same force 
 as a report by the council con- 
 curred in by all the members 
 thereof other than the representa- 
 tives of one or more of the parties 
 to the dispute. 
 
 Article 16 
 
 Should any of the high con- 
 tracting parties break or disre- 
 gard its covenants under Article 
 12 it shall thereby ipso facto be 
 deemed to have committed an act 
 of war against all the other mem- 
 bers of the league, which hereby 
 undertake immediately to subject 
 it to the severance of all trade or 
 
 Article 16 
 
 Should any member of the 
 league resort to war in disregard 
 of its covenants under Articles 12, 
 13, or 15, it shall ipso facto be 
 deemed to have committed an act 
 of war against all other members 
 of the league, which hereby un- 
 dertake immediately to subject 
 it to the severance of all trade or 
 
APPENDIX 
 
 87 
 
 financial relations, the prohibi- 
 tion of all intercourse between 
 their nationals and the nationals 
 of the covenant-breaking State, 
 and the prevention of all finan- 
 cial, commercial, or personal in- 
 tercourse 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 
 executive council in such cases to 
 recommend what effective mili- 
 tary or naval forces the members 
 of the league shall severally con- 
 tribute to the armed forces to be 
 used to protect the covenants of 
 the league. 
 
 The high contracting parties 
 agree further that they will mu- 
 tually support one another in the 
 financial and economic measures 
 which may be taken under this 
 article, in order to minimize the 
 loss and inconvenience resulting 
 from the above measures, and 
 that they will mutually support 
 one another in resisting any spe- 
 cial measures aimed at one of 
 their number by the covenant- 
 breaking State, and that they will 
 afford passage through their ter- 
 ritory to the forces of any of the 
 high contracting parties who are 
 cooperating to protect the cove- 
 nants of the league. 
 
 financial relations, the prohibi- 
 tion of aU intercourse between 
 their nationals and the nationals 
 of the covenant-breaking State, 
 and the prevention of all finan- 
 cial, commercial, or personal in- 
 tercourse 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 coun- 
 cil in such case to recommend to 
 the several Governments con- 
 cerned what effective military, 
 naval or air forces the members 
 of the league shall severally con- 
 tribute to the armed forces to be 
 used to protect the covenants of 
 the league. 
 
 The members of the league 
 agree, further, that they will mu- 
 tually support one another in the 
 financial and economic measures 
 which are taken under this ar- 
 ticle, in order to minimize the loss 
 and inconvenience resulting from 
 the above measures, and that they 
 will mutually support one an- 
 other 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 cooperating 
 to protect the covenants of the 
 league. 
 
 Any member of the league 
 which has violated any covenant 
 
APPENDIX 
 
 oj the league may be declared to 
 be no longer a member of the 
 league by a vote of the council 
 concurred in by the representa- 
 tives of all the other members of 
 the league represented thereon. 
 
 Article 17 
 
 In the event of disputes be- 
 tween one State member of the 
 league and another State which is 
 not a member of the league, or 
 between States not members of 
 the league, the high contracting 
 parties agree that the State or 
 States not members of the league 
 shall be invited to accept the obU- 
 gations of membership in the 
 league for the purposes of such 
 dispute, upon such conditions as 
 the executive council may deem 
 just, and upon acceptance of any- 
 such invitation the above provi- 
 sions shall be apphed with such 
 modifications as may be deemed 
 necessary by the league. 
 
 Upon such invitation being 
 given the executive council shall 
 immediately institute an inquiry 
 into the circumstances and merits 
 of the dispute and recommend 
 such action as may seem best and 
 most effectual in the circum- 
 stances, 
 
 In the event of a power so in- 
 vited refusing to accept the obli- 
 gations of membership in the 
 league for the purposes of such 
 dispute, and taking any action 
 against a State member of the 
 
 Article 17 
 
 In the event of a dispute be- 
 tween 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 in 
 the league for the purposes of 
 such dispute, upon such condi- 
 tions as the coimcil may deem 
 just. If such invitation is ac- 
 cepted, the provisions of Articles 
 12 to 16, inclusive, shall be ap- 
 plied with such modifications as 
 may be deemed necessary by the 
 council. 
 
 Upon such invitation bemg 
 given, the council shall immedi- 
 ately 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 re- 
 fuse to accept the obUgations of 
 membership in the league for the 
 purposes of such dispute, and 
 shall resort to war against a mem- 
 ber of the league, the provisions 
 
APPENDIX 
 
 89 
 
 league which in the case of a 
 State member of the league would 
 constitute a breach of article 12, 
 the provisions of article 16 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 executive council 
 niay take such action and make 
 such recommendations as will pre- 
 vent hostilities and will result in 
 the settlement of the dispute. 
 
 of Article 16 shall be applicable 
 as against the State taking such 
 action. 
 
 If both parties to the dispute, 
 when so invited refuse to accept 
 the obigations of membership in 
 the league for the purposes of 
 such dispute, the council may take 
 such measures and make such rec- 
 ommendations as will prevent 
 hostilities and will result in the 
 settlement of the dispute. 
 
 Article 18 
 
 The high contracting parties 
 agree that the league shall be in- 
 trusted with general supervision 
 of the trade in arms and ammu- 
 nitions with the countries in 
 which the control of this trafl&c 
 is necessary and in the common 
 interest. 
 
 See Article iS. 
 
 See Par. 5, Artick 23. 
 
 Article 18 
 
 Every convention or interna- 
 tional engagement entered into 
 henceforward by any member of 
 the league shall be forthwith reg- 
 istered with the secretariat and 
 shall as soon as possible be pub- 
 Ushed by it. No such treaty or 
 intentional engagement shall be 
 binding until so registered. 
 
 Article 19 
 
 The assembly may from time to 
 time advise the reconsideration by 
 members of the league of treaties 
 
90 
 
 APPENDIX 
 
 See Article 24. 
 
 which have become inapplicable, 
 and the consideration of interna- 
 tional conditions whose continu- 
 ance might endanger the peace 
 of the world. 
 
 See Article 25. 
 
 Article 20 
 
 The members of the league sev- 
 erally agree that this covenant is 
 accepted as abrogating all obh- 
 gations or understandings inter se 
 which are inconsistent with the 
 terms thereof, and solemnly un- 
 dertake that they will not here- 
 after enter into any engagements 
 inconsistent with the terms 
 thereof. 
 
 In case members of the league 
 shall, before becoming a member 
 of the league, have undertaken 
 any obligations inconsistent with 
 the terms of this covenant, it 
 shall be the duty of such member 
 to take immediate steps to pro- 
 cure its release from such obU- 
 gations. 
 
 Article 21 
 
 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. 
 
 Article 19. 
 
 To those colonies and terri- 
 tories which as a consequence of 
 the war have ceased to be under 
 
 Article 22 
 
 To those colonies and territo- 
 ries which as a consequence of 
 the late war have ceased to be 
 
APPENDIX 
 
 91 
 
 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 modem world, there should 
 be applied the principle that the 
 well-being and development of 
 such peoples form a sacred trust 
 of civilization and that securities 
 for the performance of this trust 
 should be embodied in the consti- 
 tution of the league. 
 
 The best method of giving 
 practical effort of this principle is 
 that the tutelage of such people 
 should be intrusted to advanced 
 nations who, by reason of their 
 resources, their experience, or 
 their geographical position, can 
 best undertake this responsibility, 
 and that this tutelage should be 
 exercised by them as mandataries 
 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. 
 
 Certain communities formerly 
 belonging to the Turkish Empire 
 have reached a stage of develop- 
 ment where their existence as in- 
 dependent nations can be pro- 
 visionally recognized, subject to 
 the rendering of administrative 
 advice and assistance by a manda- 
 tary power until such time as they 
 are able to stand alone. The 
 
 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 appUed the prin- 
 ciple that the well-being and de- 
 velopment of such peoples form 
 a sacred trust of civihzation and 
 that securities for the perform- 
 ance of this trust should be em- 
 bodied in this covenant. 
 
 The best method of giving 
 practical effect to this principle 
 is that the tutelage of such peo- 
 ples be intrusted to advanced na- 
 tions who by reasons of their 
 resources, their experience, or 
 their geographical position, can 
 best undertake this responsibihty, 
 and who are willing to accept ii^ 
 and that this tutelage should be 
 exercised by them as mandataries 
 on behaK 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 condition, 
 and other similar circumstances. 
 
 Certain communities formerly 
 belonging to the Turkish Empire 
 have reached a stage of develop- 
 ment where their existence as 
 independent nations can be provi- 
 sionally recognized, subject to the 
 rendering of administrative ad- 
 vice and assistance by a manda- 
 tary until such time as they are 
 able to stand alone. The wishes 
 
92 
 
 APPENDIX 
 
 wishes to these communities must 
 be a principal consideration in the 
 selection of the mandatary power. 
 
 Other peoples, especially those 
 of Central Africa, are at such a 
 stage that the mandatary must be 
 responsible for the administra- 
 tion of the territory, subject 
 to conditions which will guaran- 
 tee freedom of conscience or re- 
 ligion, subject only to the main- 
 tenance of public order and 
 morals, the prohibition of abuses, 
 such as the slave trade, the arms 
 traffic, and the liquor traffic, and 
 the prevention of the estabUsh- 
 ment of fortifications or mihtary 
 and naval bases, and of military 
 training of the natives for other 
 than poUce purposes and the de- 
 fense of territory, and will also 
 secure equal opportunities for the 
 trade and commerce of other 
 members of the league. 
 
 There are territories, such as 
 Southwest Africa and certain of 
 the South Pacific isles, which, ow- 
 ing to the sparseness of their pop- 
 ulation, or their small size, or 
 their remoteness from the centers 
 of civilization, or their geograph- 
 ical continuity to the mandatary 
 State, and other circumstances, 
 can be best administered under the 
 laws of the mandatary State as 
 integral portions thereof, subject 
 to the safeguards above men- 
 tioned in the interests of indig- 
 enous population. 
 
 In every case of mandate the 
 mandatary State shall render to 
 
 of these communities must be a 
 principal consideration in the se- 
 lection of the mandatary. 
 
 Other peoples, especially those 
 of central Africa, are at such a 
 stage that the mandatary must 
 be responsible for the adminis- 
 tration of the territory imder 
 conditions which will guarantee 
 freedom of conscience or religion, 
 subject only to the maintenance 
 of pubhc order and morals, the 
 prohibition of abuses, such as the 
 slave trade, the arms traffic, and 
 the liquor traffic, and the preven- 
 tion of the estabUshment of for- 
 tffications or mihtary and naval 
 bases and of mihtary training of 
 the natives for other than police 
 purposes and the defense of ter- 
 ritory, and wiU also secure equal 
 opportunities for the trade and 
 commerce of other members of 
 the league. 
 
 There are territories, such as 
 southwest Africa and certam of 
 the South Pacific islands, which, 
 owing to the sparseness of their 
 population or their small size or 
 their remoteness from the centers 
 of civilization or their geograph- 
 ical contiguity to the territory of 
 the mandatary and other circum- 
 stances, can be best administered 
 under the laws of the mandatary 
 as integral portions of its terri- 
 tory, subject to the safeguards 
 above mentioned in the interests 
 of the indigenous populations. 
 In every case of mandate the 
 mandatary shall render to the 
 
APPENDIX 
 
 93 
 
 the league an annual report in 
 reference to the territory com- 
 mitted to its charge. 
 
 The degree of authority, con- 
 trol, or administration to be ex- 
 ercised by the mandatary State 
 shall, if not previously agreed 
 upon by the high contracting par- 
 ties in each case, be explicitly de- 
 fined by the executive council in a 
 special act or charter. 
 
 The high contracting parties 
 further agree to establish at the 
 seat of the league a mandatary 
 commission to receive and ex- 
 amine the annual reports of the 
 mandatory powers, and to assist 
 the league in insuring the ob- 
 servance of the terms of all man- 
 dates. 
 
 Article 20 
 
 The high contracting parties 
 will endeavor to secure and main- 
 tain fair and humane conditions 
 of labor for men, women, and 
 children, both in their own coun- 
 tries and in all countries to which 
 their commercial and industrial 
 relations extended; and to that 
 end agree to establish as part of 
 the organization of the league a 
 permanent bureau of labor. 
 
 council an annual report in refer- 
 ence to the territory committed 
 to its charge. 
 
 The degree of authority, con- 
 trol, or administration to be ex- 
 ercised by the mandatary shall, 
 if not previously agreed upon by 
 the members of the league, be ex- 
 plicitly defined in each case by 
 the council. 
 
 A permanent commission shall 
 be constituted to receive and ex- 
 amine the annual reports of the 
 mandataries and to advise the 
 council on all matters relating to 
 the observance of the mandates. 
 
 See Par. 2, Article 23. 
 
 Article 21 
 
 The high contracting parties 
 agree that provision shall be made 
 through the instrumentality of 
 the league to secure and maintain 
 freedom of transit and equitable 
 treatment for the commerce of all 
 
 See Par. 6, Article 23. 
 
94 
 
 APPENDIX 
 
 States members of the league, 
 having in mind, among other 
 things, special arrangements with 
 regard to the necessities of the 
 regions devastated during the war 
 of 1914-1918. 
 
 See Article 20. 
 
 See Article 18. 
 
 Article 23 
 
 Subject to and in accordance 
 with the provisions of interna- 
 tional conventions existing or 
 hereafter to be agreed upon, the 
 members of the league: 
 
 (a) will endeavor to secure and 
 maintain fair and humane con- 
 ditions of labor for men, women, 
 and children, both in their own 
 countries and in all countries to 
 which their commercial and in- 
 dustrial relations extend, and for 
 that purpose will estabhsh and 
 maintain the necessary interna- 
 tional organizations; 
 
 (6) undertake to secure just 
 treatment of the native inhabi- 
 tants of territories under their 
 control; 
 
 (c) v)iU intrust the league with 
 the general supervision' over the 
 execution of agreements with re- 
 gard to the traffic in women and 
 children and the traffic; in opium 
 and other dangerous drugs; 
 
 (d) will intrust the league 
 with the general supervision of 
 the trade in arms and ammuni- 
 tion with the countries in which 
 the control of this traflBc is neces- 
 sary in the common interest; 
 
 (e) will make provision to se- 
 cure and maintain freedom of 
 
APPENDIX 
 
 95 
 
 See Article 21. 
 
 See Article 25. 
 
 " communication and of transit and 
 equitable treatment for the com- 
 merce of all members of the 
 league. In this connection the 
 special necessities of the regions 
 devastated during the war of 
 1914-1918 shall be borne in mind; 
 (/) will endeavor to take steps 
 in matters of international con- 
 cern for the prevention and con- 
 trol of disease. 
 
 Article 22 
 
 The high contracting parties 
 agree to place under the control 
 of the league all international 
 bureaus already established by 
 general treaties if the parties to 
 such treaties consent. Further- 
 more, they agree that all such 
 international bureaus to be con- 
 stituted in future shall be placed 
 under the control of the league. 
 
 Article 24 
 
 There shall be placed under the 
 direction of the league all inter- 
 national bureaus already estab- 
 lished by general treaties if the 
 parties to such treaties consent. 
 All such international bureaus 
 and all commissions for the regu- 
 lation of matters of international 
 interest hereafter constituted shall 
 be placed under the direction of 
 the league. 
 
 In all matters of international 
 interest which are regulated by 
 general conventions but which are 
 not placed under the control of 
 international bureaus or commis- 
 sions, the secretariat of the league 
 shall, subject to the consent of the 
 council and if desired by the 
 parties, collect and distribute all 
 relevant information and shaU 
 render any other assistance which 
 m^y be necessary or desirable. 
 
 The council may include as part 
 of the expenses of the secretariat 
 the expenses of any bureau or 
 commission which is placed under 
 ike direction of the league. 
 
96 
 
 APPENDIX 
 
 Article 23 
 
 The high contracting parties 
 agree that every treaty or inter- 
 national engagement entered into 
 hereafter by any State member 
 of the league shall be forthwith 
 registered with the secretary gen- 
 eral and as soon as possible pub- 
 lished by him, and that no such 
 treaty or international engage- 
 ment shall be binding until so 
 registered. 
 
 See Article 18. 
 
 Article 24 
 
 It shall be the right of the 
 body of delegates from time to 
 time to advise the reconsideration 
 by State members of the league 
 of treaties which have become in- 
 appUcable and of international 
 conditions of which the continu- 
 ance may endanger the peace of 
 the world. 
 
 See Article 19. 
 
 Article 25 
 
 The high contracting parties 
 severally agree that the present 
 covenant is accepted as abrogat- 
 ing all obligations inter se which 
 
 Article 25 
 
 The memhers of the league 
 agree to encourage and promote 
 the establishment and cooperation 
 of duly authorized voluntary na- 
 tional Red Cross organizations 
 having as purposes improvement 
 of health, the prevention of dis- 
 ease and the mitigation of suffer- 
 ing throughout the world. 
 
APPENDIX 
 
 97 
 
 are inconsistent with the terms 
 thereof, and solemnly engage 
 that they will not hereafter enter 
 into any engagements inconsist- 
 ent with the terms thereof. In 
 case any of the powers signa- 
 tories hereto or subsequently ad- 
 mitted to the league shall before 
 becoming a party to this cove- 
 nant have undertaken any obliga- 
 tions which are inconsistent with 
 the terms of this covenant, it 
 shall be the duty of such power 
 to take immediate steps to pro- 
 cure its release from such obli- 
 gations. 
 
 See Article 20. 
 
 Article 26 
 
 Amendments to this covenant 
 will take effect when ratified by 
 the States whose representatives 
 compose the executive council 
 and by three-fourths of the States 
 whose representatives compose 
 the body of delegates. 
 
 Article 26 
 
 Amendments to this covenant 
 will take effect when ratified by 
 the members of the league whose 
 representatives compose the coun- 
 cil and by a majority of the mem- 
 bers of the league whose repre- 
 sentatives compose the assembly. 
 
 No stick amendment shall bind 
 any member of the league which 
 signifies its dissent therefrom, but 
 in that case it shall cease to be a 
 member of the league. 
 
 Annex to the Covenant 
 
 1. Original members of the 
 league of nations. 
 
 Signatories of the treaty of 
 peace: United States of America, 
 Belgium, Bolivia, Brazil, British 
 Empire, Canada, Austraha, South 
 Africa, New Zealand, India, 
 China, Cuba, Czechoslovakia, 
 
APPENDIX 
 
 Ecuador, France, Greece, Guate- 
 mala, Haiti, Hedjaz, Honduras, 
 Italy, Japan, Liberia, Nicaragua, 
 Panama, Peru, Poland, Portugal, 
 Roumania, Serb-Croat-Slovene 
 State, Siam, Uruguay. 
 
 States invited to accede to the 
 covenant: Argentina, Chile, Co- 
 lombia, Denmark, Netherlands, 
 Norway, Paraguay, Persia, Sal- 
 vador, Spain, Sweden, Switzer- 
 land, Venezuela. 
 
 2. First secretary general of 
 the league of nations. The Hon- 
 orable Sir James Eric Drummond, 
 K.C.M.G., C.B. 
 
APPENDIX No. IV 
 
 Corrfpiled by De. Dents P. Mters of the World Peace Foundation; reprinted by permission. 
 
 International Administrative Organizations 
 
 1. Regime of free navigation on international rivers, 1815. 
 
 2. International Sanitary Union, with permanent bureau, 1851. 
 For additional protection against the spread of epidemics the following 
 organizations have been established : 
 
 (a) International Sanitary Council of Tangier, Morocco, 1818. 
 (6) Superior Sanitary Council of Constantinople, 1894. 
 
 (c) Maritime and Quarantine Sanitary Council of Egypt, 1892. 
 
 (d) International OflBce of Public Hygiene, 1907. 
 
 3. Regime of free navigation on the Danube, 1856. 
 
 4. Universal Postal Union, with permanent bureau, 1863. 
 
 5. Improvement of the lot of sick and wounded in armies in the 
 field (Red Cross Convention), 1864. 
 
 6. International Association for the Measurement of the Earth, 
 with permanent bureau, 1864. 
 
 7. Universal Telegraphic Union, with permanent bureau, 1865. 
 
 8. Latin Monetary Union, 1865. 
 
 9. Maintenance of Lighthouse at Cape Spartel, Morocco, 1865. 
 
 10. Scandinavian Monetary Union, 1875. 
 
 11. International Bureau of Weights and Measures, 1875. 
 
 12. International Conference against Phylloxera (plant lice), 1878. 
 
 13. Transportation of Merchandise by Railroads in Europe, with 
 permanent bureau, 1878. 
 
 14. Publication of Customs Tariffs, with permanent bureau, 1880. 
 
 15. Protection of Industrial Property, with permanent bureau, 1880. 
 
 16. Protection of Literary and Artistic Property, with permanent 
 bureau, 1880. 
 
 17. Protection of Submarine Cables, 1882. 
 
 18. Regulation of Fisheries Pohce in the North Sea, 1882. 
 
 19. Technical Unification of European Railroads, 1882. 
 
 20. International Conference for the Choice of a Prime Meridian, 
 1884. 
 
 21 . Exchange of Reproductions of Works of Art, 1885 . 
 
100 APPENDIX 
 
 22. Exchange of Official Documents, Scientific and Literary Publica- 
 tions, with numerous bureaus of exchange, 1886. 
 
 23. Regime of the Suez Maritime Canal, 1888. 
 
 24. International Maritime Conferences, 1889. 
 
 25. Pan American Union, 1889. 
 
 26. Legal Protection of Workers, 1890. 
 
 27. Repression of the African Slave Trade, with permanent bureau, 
 1890. 
 
 28. Unification of Private International Law, 1893. 
 
 29. Gauging of Non-Seagoing Vessels, 1898. 
 
 30. Regulation of the Importation of Spirituous Liquors into Certain 
 Regions of Africa, 1899. 
 
 31 . Permanent Court of Arbitration, with permanent bureau, 1899. 
 
 32. Permanent International Council for the Exploration of the 
 Sea, with permanent central bureau and international laboratory, 1899. 
 
 33. Conservation of Wild Animals in Africa, 1900. 
 
 34. Revision of the Nomenclature of Causes of Death, 1900 . . 
 
 35. Protection of Insectivorous Birds Useful to Agriculture, 1902. 
 
 36. International Sugar Union, with permanent bureau, 1902. 
 
 37. Pan American Sanitary Convention, with permanent bureau, 
 1902. 
 
 38. Unification of the Formulas of Potent Drugs, 1902. 
 
 39. International Association of Seismology, with permanent bu- 
 reau, 1903. 
 
 40. Repression of the Trade in White Women, 1904. 
 
 41. Unification of Maritime Law, 1905. 
 
 42. International Institute of Agriculture, with permanent bureau, 
 1905. 
 
 43. Wireless Telegraphic Union, with permanent bureau, 1906. 
 
 44. Central American Court of Justice, International Bureau and 
 Conferences, 1907. 
 
 45. International Committee for Making a Map of the World, 1909. 
 
 46. Regulation of the Arms Trade in Africa, 1909. 
 
 47. Repression of the Use of Opium, 1909. 
 
 48. Regulation of the Use of Saccharine, 1909. 
 
 49. Repression of the Circulation of Obscene PubHcations, 1910. 
 
 50. Unification of Commercial Statistics, 1910. 
 
 51. South American Postal Union, 1911. 
 
 52. Protection of Seals and Maritime Otters, 1911. 
 
 53. International Regulation of Standard Time, 1912. 
 
APPENDIX No. V 
 
 TABLES SHOWING THE CASES DECIDED AND THE 
 RATIFICATION OF CONVENTIONS 
 
 Reprinted by courtesy of the World Peace Foundation 
 
102 
 
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 Portugal. 
 French claims against Peru. 
 
 Interpretation of treaty rights. 
 
 15 Netherlands f. Portugal. 
 
 16' Spain, France and Great Britain 
 
 r. Portugal. 
 17 France v. Peru. 
 
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 APPENDIX 
 
 ANALYSIS OF 1907 RATIFICATIONS 
 
 Br Conventions 
 
 *Sig- ' 
 
 'Ratifi. 
 
 I. — Pacific settlement 
 of international dis- 
 putes 
 
 n. — Limitation of 
 the employment of 
 force for the re- 
 covery of contract 
 debts 84 (lOR) 
 
 III. — Relative to 
 opening of hostili- 
 
 43 (8R) «7 (1 adhOt (5R) 
 
 21 (4adh.) (4R) 
 
 42 
 
 28 (3adh.) 
 
 39 (IR) 25 (2adh.) 
 
 37 (6R) 22 (2adh.) (4R) 
 
 41 (5R) 29 (4adh.) (4R) 
 
 IV. ^ Laws and cus- 
 toms of war on land 41 (6R) 27 (2adh.) (4R) 
 
 V. — Rights and 
 duties of neutral 
 powers and persons 
 in case of war on 
 
 land 42 (2R) 28 (3 adh.) 
 
 VI. — Status of enemy 
 merchant ships at 
 the outbreak of 
 
 hostilities 41 (2R) 26 (2 adh.) (2R) 
 
 Vn. — Conversion of 
 merchant ships into 
 warships 
 
 Vlil. — Laying auto- 
 matic submarine 
 contact mines 
 
 IX. — Bombardment 
 by naval forces in 
 time of war 
 
 X. — Adaptation to 
 naval war of the 
 principles of the 
 
 Geneva Convention 43 (4R) 27 (1 adh.) (IR) 
 
 XI. — Certain restric- 
 tions with regard 
 to the exercise of 
 the right of capture 
 
 in naval war 40 
 
 XII. — Creation of an 
 international prize 
 court 32 (lOR) 
 
 XIII. — Rights and 
 duties of neutral 
 
 powers in naval war 39 (7R) 25 (4 adh.) (6R) 
 
 XrV. — Declaration 
 prohibiting the dis- 
 charge of projec- 
 tiles and explosives 
 from balloons 27 
 
 XV. — Final act 43 
 
 25 (2 adh.) 
 
 (2R) 
 
 (IR) 
 
 17 (2 adh.) 
 Not required 
 
 Totals 684 (62R) 
 
 Deducting signatures 
 
 to Final Act 43 (IR) 
 
 Germany. . . . ; . 
 
 United States...- 12 
 
 Argentina 15 
 
 Austria-Hungary 15 
 
 Belgium 14 
 
 Bolivia 15 
 
 Brazil 13 
 
 Bulgaria 15 
 
 Chile....". 14 
 
 China 4 
 
 Colombia 15 
 
 Cuba 14 
 
 Denmark 14 
 
 Dominican Re- 
 public 13 
 
 Ecuador 15 
 
 Spain 10 
 
 France 14 
 
 Great Britain ... 15 
 
 Greece 14 
 
 Guatemala 14 
 
 Haiti 15 
 
 Italy 14 
 
 Japan 13 
 
 Liberia — 
 
 Luxemburg 13 
 
 Mexico 14 
 
 Montenegro .... 11 
 
 Nicaragua 1 
 
 Norway 15 
 
 Bt States 
 
 'Sig- 
 natures 
 
 14 (5R) ] 
 
 (IR) 1 
 
 (2R) - 
 
 (IR) 1 
 
 Panama 
 
 Paraguay. . . . 
 Netherlands . , 
 Peru 
 
 15 
 13 
 
 15 
 15 
 
 Persia 15 
 
 Portugal 14 
 
 Rumania 12 
 
 Russia ■. . . 11 
 
 Salvador 15 
 
 Servia 13 
 
 Siam 14 
 
 Sweden 12 
 
 Switzerland 14 
 
 Turkey 15 
 
 Uruguay 14 
 
 Venezuela 12 
 
 (IR) 
 
 (IR) 
 
 (3R) 
 (IR) 
 (IR) 
 (IR) 
 
 (3R) 
 (2R) 
 
 (2R) 
 (5R) 
 (2R) 
 (2R) 
 (IR) 
 
 (4R) 
 
 (IR) 
 
 (IR) 
 (3R) 
 
 (IR) 
 (2R) 
 (2R) 
 
 (3R) 
 
 (2R) 
 (7R) 
 (2R) 
 
 Totals 584 (62R) 
 
 Deducting signa- 
 tures to Final 
 Act (ratifica- 
 tion not re- 
 quired) r' 43 (IR) 
 
 * Ratifi- 
 cations 
 
 (5R) 
 (1 adh.)t (3R) 
 
 (IR) 
 
 8 (5 adh.) (2R) 
 
 9 (ladh.) 
 12 
 9 
 
 13 
 14 
 
 12 
 
 11 (11 adh.) 
 
 12 
 
 13 
 
 13 (13 adh.) (IR) 
 
 13 
 
 14 
 
 (2R) 
 (2R) 
 
 (IR) 
 (IR) 
 
 (4R) 
 
 .) (IR) 
 
 (2R) 
 (2R) 
 
 (3R) 
 
 (IE) 
 
 641 (61R) 334 ^32 adh.) (32B 
 
 * Parenthesized details indicate reservations. 
 
 t Adhesions are separately noted, though included in the total. 
 
 541 (61R) 334 (32 adh.) (32R) 
 
APPENDIX No. VI 
 
 DECLARATION OF THE RIGHTS AND DUTIES OF 
 NATIONS ' 
 
 "I. Every nation has the right to exist and to protect and con- 
 serve its existence, but this right neither imphes the right nor justifies 
 the act of the State to protect itself or to conserve its existence by the 
 commission of unlawful acts against innocent and unoffending States. 
 
 "II. Every nation has the right to independence in the sense that 
 it has a right to the pursuit of happiness and is free to develop itself 
 without interference or control from other States, provided that in so 
 doing it does not interfere or violate the rights of other States. 
 
 "III. Every nation is in law and before law the equal of every 
 other nation belonging to the society of nations, and all nations have 
 the right to claim and, according to the Declaration of Independence 
 of the United States, 'to assume among the powers of the earth, the 
 separate and equal station to which the laws of nature and of nature's 
 God entitle them.' 
 
 "IV. Every nation has the right to territory within defined bound- 
 aries and to exercise exclusive jurisdiction over its territory and all 
 persons, whether native or foreign, found therein. 
 
 "V. Every nation entitled to a right by the law of nations is en- 
 titled to have that right respected and protected by all other nations, 
 for right and duty are correlative, and the right of one is the duty of 
 all to observe. 
 
 "VI. International law is at one and the same time both national 
 and international; national in the sense that it is the law of the land ^ 
 and is applicable as3uch to the decision of all questions involving its 
 principles; international in the sense that it is the law of the society 
 of nations and applicable as such to all questions between and among 
 the members of the society of nations involving its principles." 
 
 * Adopted by the American Institute of International Law, Washington, January 6. 
 1916. 
 
 '^ Article 4 of the Constitution of the Gennan Commonwealth, adopted August 11, 
 1919, provides: 
 
 "The generally recognized principles of the law of nations are accepted as an integral 
 part of the law of the German Commonwealth." (Trans, by W. B. Munro and A. N. 
 Holcombe, Worid Peace Foundation, Vol. II, No. 6, Dec., 1919.) 
 
 109 
 
APPENDIX No. VII » 
 
 DRAFT SCHEME FOR THE INSTITUTION OF THE PER- 
 MANENT COURT OF INTERNATIONAL JUSTICE 
 
 Mentioned in Article 14 of the Covenant of the League of Nations. 
 Presented to the Council of the League by the 
 Advisory Committee of Jurists 
 
 Article 1 
 
 A Permanent Court of International Justice, to which Parties shall 
 have direct access, is hereby established, in accordance with Article 14 
 of the Covenant of the League of Nations. This Court shall be in addi- 
 tion to the Court of Arbitration organized by the Hague Convention of 
 1899 and 1907, and to the special Tribunals of Arbitration to which 
 States are always at liberty to submit their disputes for settlement. 
 
 CHAPTER I 
 
 Organization of the Court 
 
 Article 2 
 
 The Permanent Court of International Justice shall be composed 
 of a body of independent judges, elected regardless of their nationality, 
 from among persons of high moral character, who possess the qualifica- 
 tions required, in their respective countries, for appointment to the 
 highest judicial ofl&ces, or are jurisconsults of recognized competence 
 in international law. 
 
 Article 3 
 
 The Court shall consist of 15 members: 11 judges and 4 deputy- 
 judges. The number of judges and deputy- judges may be hereafter 
 increased by the Assembly, upon the proposal of the Council of the 
 League of Nations, to a total of 15 judges and 6 deputy-judges. 
 
 1 See note accompanying Appendix VIII. 
 110 
 
APPENDIX 111 
 
 Article 4 
 
 The members of the Court shall be elected by the Assembly and the 
 Council from a list of persons nominated by the national groups in the 
 Court of Arbitration, in accordance with the following provisions. 
 
 Article 5 
 
 At least three months before the date of the election, the Secretary- 
 General of the League of Nations shall address a written request to the 
 members of the Court of Arbitration, belonging to the States mentioned 
 in the Annex to the Covenant or to the States which shall have joined 
 the League subsequently, inviting them to undertake, by national groups, 
 the nomination of persons in a position to accept the duties of 'a member 
 of the Court. 
 
 No group may nominate more than two persons; the nominees may 
 be of any nationality. 
 
 Article 6 
 
 Before making these nominations, each national group is hereby 
 recommended to consult its Highest Court of Justice, its Legal Facul- 
 ties and Schools of Law, and its National Academies and national 
 sections of International Academies devoted to the study of Law. 
 
 Article 7 
 
 The Secretary-General of the League of Nations shall prepare a list, 
 in alphabetical order, of all the persons thus nominated. These persons 
 only shall be eligible for appointment, except as provided in Article 12, 
 paragraph 2. 
 
 The Secretary-General shall submit this list to the Assembly and to 
 the Council. 
 
 Article 8 
 
 The Assembly and the Council shall proceed to elect by independent 
 voting first the judges and then the deputy-judges. 
 
 Article 9 
 
 At every election, the electors shall bear in mind that not only should 
 all the persons appointed as members of the Court possess the qualifica- 
 tions required, but the whole body also should represent the main forms 
 of civilization and the principal legal systems of the world. 
 
112 APPENDIX 
 
 Article 10 
 
 Those candidates who obtain an absolute majority of votes in the 
 Assembly and the Council shall be considered as elected. 
 
 In the event of more than one candidate of the same nationaUty being 
 elected by the votes of both the Assembly and the Council, the eldest 
 of these only shall be considered as elected. 
 
 Article 11 
 
 If, after the first sitting held for the purpose of the election, one or 
 more seats remain to be filled, a second, and if necessary, a third sitting 
 shall take place. 
 
 Article 12 
 
 If after the third sitting one or more seats still remain unfilled, a joint 
 Conference consisting of six members, three appointed by the Assembly 
 and three by the Council, may be formed, at any time, at the request 
 of either the Assembly or the Council, for the purpose of choosing one 
 name for each seat still vacant, to submit to the Assembly and the 
 Coimcil for their respective acceptance. 
 
 If the Committee is unanimously agreed upon any person who ful- 
 fills the required conditions, he may be included in its list, even though 
 he was not included in the Ust of nominations made by the Court of 
 Arbitration. 
 
 If the Joint Conference is not successful in procuring an election, 
 those members of the Court who have already been appointed shall, 
 within a time limit to be arranged by the Council, proceed to fill the 
 vacant seats by selection from among those candidates who have 
 obtained votes either in the Assembly or in the Council. 
 
 In the event of an equality of votes among the judges, the eldest 
 judge shall have a casting vote. 
 
 Article 13 
 
 The members of the Court shall be elected for nine years. 
 
 They may be re-elected. 
 
 They shall continue to discharge their duties until their places have 
 been filled. 
 
 Though replaced, they shall complete any cases which they may 
 have begun. 
 
APPENDIX 113 
 
 Article 14 
 
 Vacancies which may occur shall be filled by the same method as 
 that laid down for the first election. 
 
 A member of the Court elected to replace a member the period of 
 whose appointment has not expired will hold the appointment for the 
 remainder of his predecessor's term. 
 
 Article 15 
 
 Deputy-judges shall be called upon to sit in the order laid down in 
 a list. 
 
 This hst shall be prepared by the Court, having regard first to the 
 order in time of each election and secondly to age. 
 
 Article 16 
 
 The exercise of any function which belongs to the political direction, 
 national or international, of States, by the Members of the Court, during 
 their terms of office is declared incompatible with their judicial duties. 
 
 Any doubt upon this point is settled by the decision of the Court. 
 
 Article 17 
 
 No member of the Court can act as agent, counsel or advocate in any 
 case of an international nature. 
 
 No member may participate in the decision of any case in which he 
 has previously taken an active part, as agent, counsel or advocate for 
 one of the contesting parties, or as a member of a national or inter- 
 national Court, or of a Commission of Inquiry, or in any other capacity. 
 
 Any doubt upon this point is settled by the decision of the Court. 
 
 Article 18 
 
 A member of the Court can not be dismissed unless, in the unanimous 
 opinion of the other Members, he has ceased to fulfill the required 
 conditions. 
 
 When this happens a formal notification shall be given to the 
 Secretary-General. 
 
 This notification makes the place vacant. 
 
 Article 19 
 
 The members of the Court, when outside their own country, shall 
 enjoy the privileges and immunities of diplomatic representatives. 
 
114 APPENDIX 
 
 Article 20 
 
 Every member of the Court shall, before taking up his duties, make 
 a solemn declaration in open Court that he will exercise his powers 
 impartially and conscientiously. 
 
 Article 21 
 
 The Court shall elect its President and Vice-President for three years; 
 they may be re-elected. 
 
 It shall appoint its Registrar. 
 
 The duties of Registrar of the Court shall not be considered incom- 
 patible with those of Secretary-General of the Permanent Court of 
 Arbitration. 
 
 Article 22 
 
 The seat of the Court shall be established at The Hague. 
 
 The President and Registrar shall reside at the seat of the Court. 
 
 Article 23 
 
 A session shall be held every year. 
 
 Unless otherwise provided by rules of Court this session shall begin 
 on the 15th June, and shall continue for so long as may be necessary 
 to complete the cases on the list. 
 
 The President may summon an extraordinary meeting of the Court 
 whenever necessary. 
 
 Article 24 
 
 If, for some special reason, a member of the Court considers that he 
 can not take part in the decision of a particular case, he shall so inform 
 the President. 
 
 If, for some special reason, the President considers that one of the 
 members of the Court should not sit on a particular case, he shall give 
 notice to the member concerned. 
 
 In the event of the President and the member not agreeing as to the 
 course to be adopted in any such case, the matter shall be settled by 
 the decision of the Court. 
 
 Article 25 
 
 The full Court shall sit except when it is expressly provided otherwise. 
 
 If 11 judges can not be present, deputy-judges shall be called upon 
 to sit, in order to make up this number. 
 
 If, however, 11 judges are not available, a quorum of 9 judges shall 
 suffice to constitute the Court. 
 
. APPENDIX 115 
 
 Article 26 
 
 With a view to the speedy dispatch of business the Court shall form, 
 annually, a chamber composed of three judges who, at the request of 
 the contesting parties, may hear and determine cases by summary pro- 
 cedure. 
 
 Article 27 
 
 The Court shall frame rules for regulating its procedure. In par- 
 ticular, it shall lay down rules for summary procedure. 
 
 Article 28 
 
 Judges of the nationality of each contesting party shall retain their 
 right to sit in the case before the Court. 
 
 If the Court includes upon the Bench a judge of the nationahty of 
 one of the parties only, the other party may select from among the 
 deputy-judges, a judge of its nationahty, if there be one. If there should 
 not be one, the party may choose a judge, preferably from among those 
 persons who have been nominated as candidates by some national group 
 in the Court of Arbitration. 
 
 If the Court includes upon the Bench no judge of the nationality of 
 the contesting parties, each of these may proceed to select or choose a 
 judge as provided in the preceding paragraph. 
 
 Should there be several parties in the same interest, they shall, for the 
 purpose of the preceding provisions, be reckoned as one party only. 
 
 Judges selected or chosen as laid down in paragraphs 2 and 3 of this 
 Article shall fulfill the conditions required by Articles 2, 16, 17, 20, 24 
 of this Statute. They shall take part in the decision on an equal foot- 
 ing with their colleagues. 
 
 Article 29 
 
 The judges shall receive an annual salary to be determined by the 
 Assembly of the League of Nations upon the proposal of the Council. 
 This salary must not be decreased during the period of a judge's appoint- 
 ment. 
 
 The President shall receive a special grant for his period of oflfice, to 
 be fixed in the same way. 
 
 Deputy-judges shall receive a grant, for the actual performance of 
 their duties, to be fixed in the same way. 
 
 Traveling expenses incurred in the performance of their duties shall 
 be refunded to judges and deputy-judges who do not reside at the seat 
 of the Court. 
 
116 APPENDIX 
 
 Grants due to judges selected or chosen as provided in Article 28 
 shall be determined in the same way. 
 
 The salary of the Registrar shall be decided by the Council upon 
 the proposal of the Court. 
 
 A special regulation shall provide for the pensions to which the judges 
 and registrar shall be entitled. 
 
 Article 30 
 
 The expenses of the Court shall be borne by the League of Nations, 
 in such a manner as shall be decided by the Assembly upon the proposal 
 of the Council. 
 
 CHAPTER II 
 
 Competence of the Court 
 
 Article 31 
 
 The Court shall have jurisdiction to hear and determine suits between 
 States. 
 
 Article 32 
 
 The Court shall be open of right to the States mentioned in the Annex 
 to the Covenant, and to such others as shall subsequently enter the 
 League of Nations. 
 
 Other States may have access to it. 
 
 The conditions under which the Court shall be open of right or acces- 
 sible to States which are not Members of the League of Nations shall 
 be determined by the Council, in accordance with Article 17 of the 
 Covenant. 
 
 Article 33 
 
 When a dispute has arisen between States, and it has been found im- 
 possible to settle it by diplomatic means, and no agreement has been 
 made to choose another jurisdiction, the party complaining may bring 
 the case before the Court. The Court shall, first of all, decide whether 
 the preceding conditions have been complied with; if so, it shall hear 
 and determine the dispute according to the terms and within the Umits 
 of the next Article. 
 
 Article 34 
 
 Between States which are Members of the League of Nations, the 
 Court shall have jurisdiction (and this without any special convention 
 
APPENDIX 117 
 
 giving it jurisdiction) to hear and determine cases of a legal nature 
 concerning: 
 
 (a) the interpretation of a treaty; 
 
 (6) any question of international law; 
 
 (c) the existence of any fact which, if established, would constitute 
 
 a breach of an intematioDal obHgation; 
 
 (d) the nature or extent of reparation to be made for the breach of 
 
 an international obUgation; 
 
 (e) the interpretation of a sentence passed by the Court. 
 
 The Court shall also take cognizance of all disputes of any kind which 
 may be submitted to it by a general or particular convention between 
 the parties. 
 
 In the event of a dispute as to whether a certain case comes within 
 any of the categories above mentioned, the matter shall be settled by 
 the decision of the Court. 
 
 Article 35 
 
 The Court shall, within the limits of its jurisdiction as defined in 
 Article 34, apply in the order following: 
 
 1. international conventions, whether general or particular, es- 
 
 tablishing rules expressly recognized by the contesting States; 
 
 2. international custom, as evidence of a general practice, which is 
 
 accepted as law; 
 
 3. the general principles of law recognized by civilized nations; 
 
 4. judicial decisions and the teachings of the most highly qualified 
 
 pubHcists of the various nations, as subsidiary means for the 
 determination of rules of law. 
 
 Article 36 
 
 The Court shall give an advisory opinion upon any question or dis- 
 pute of an international nature referred to it by the Council or Assembly. 
 
 When the Court shaU give an opinion on a question of an inter- 
 national nature which does not refer to any dispute that may have 
 arisen, it shall appoint a special Commission . of from three to five 
 members. 
 
 When it shall give an opinion upon a question which forms the subject 
 of an existing dispute, it shall do so under the same conditions as if the 
 case had been actually submitted to it for decision. 
 
118 APPENDIX 
 
 CHAPTER III 
 
 Procedure 
 
 Article 37 
 
 The official language of the Court shall be French. 
 The Court may, at the request of the contesting parties, authorize 
 another language to be used before it. 
 
 Article 38 
 
 A State desiring to have recourse to the Court shall lodge a written 
 application addressed to the Registrar. 
 
 The apphcation shall indicate the subject of the dispute, and name 
 the contesting parties. 
 
 The Registrar shall forthwith communicate the application to all 
 concerned. 
 
 He shall also notify the Members of the League of Nations through 
 the Secretary-General. 
 
 Article 39 
 
 If the dispute arises out of an act which has already taken place or 
 which is imminent, the Court shall have the power to suggest, if it con- 
 siders that circumstances so require, the provisional measures that should 
 be taken to preserve the respective rights of either party. 
 
 Pending the final decision, notice of the measures suggested shall 
 forthwith be given to the parties and the Council. 
 
 Article 40 
 
 The parties shall be represented by agents. 
 
 They may have Counsel or Advocates to plead before the Court. 
 
 Article 41 
 The procedure shall consist of two parts: written and oral. 
 
 Article 42 
 
 The written proceedings shall consist of the communication to the 
 judges and to the parties of statements of cases, counter-cases and, if 
 necessary, rephes; also all papers and documents in support. 
 
APPENDIX 119 
 
 These communications shall be made through the Registrar in the 
 order and within the time fixed by the Court. 
 
 A certified copy of every document produced by one party shall be 
 communicated to the other party. 
 
 Article 43 
 
 The oral proceedings shall consist of the hearing by the Court of 
 witnesses, experts, agents, counsel and advocates. 
 
 For the service of all notices upon persons other than the agents, 
 counsel and advocates, the Court shall apply direct to the Government 
 of the State upon whose territory the notice has to be served. 
 
 The same provision shall apply whenever steps are to be taken to 
 procure evidence on the spot. 
 
 Article 44 
 
 The proceedings shall be under the direction of the President, or in 
 his absence, of the Vice-President; if both are absent, the senior judge 
 shall preside. 
 
 Article 45 
 
 The hearing in Court shall be public, unless the Court, at the written 
 request of one of the parties, accompanied by a statement of his reasons, 
 shall otherwise decide. 
 
 Article 46 
 
 Minutes shall be made at each hearing, and signed by the Registrar 
 and the President. 
 
 These minutes shall be the only authentic record. 
 
 Article 47 
 
 The Court shall make orders for the conduct of the case, shall decide 
 the form and time in which each party must conclude its arguments, 
 and make all arrangements connected with the taking of evidence. 
 
 Article 48 
 
 The Court may, even before the hearing begins, call upon the agents 
 to produce any document, or to supply to the Court any explanations. 
 Any refusal shall be recorded. 
 
 Article 49 
 
 The Court may, at any time, intrust any individual, bureau, commis- 
 sion or other body that it may select, with the task of carrying out an 
 inquiry or giving an expert opinion. 
 
120 APPENDIX 
 
 Article 50 
 
 During the hearing in Court, the judges may put any questions con- 
 sidered by them to be necessary, to the witnesses, agents, experts, advo- 
 cates or counsel. The agents, advocates and counsel shall have the 
 right to ask, through the President, any questions that the Court con- 
 siders useful. 
 
 Article 51 
 
 After the Court has received the proofs and evidence within the time 
 specified for the purpose, it may refuse to accept any further oral or 
 written evidence that one party may desire to present unless the other 
 side consents. 
 
 Article 52 
 
 Whenever one of the parties shall not appear before the Court, or 
 shall fail to defend his case, the other party may call upon the Court to 
 decide in favor of his claim. 
 
 The court must, before doing so, satisfy itself, not only that it has 
 jurisdiction in accordance with Articles 33 and 34, but also that the claim 
 is supported by substantial evidence and well founded in fact and law. 
 
 Article 53 
 
 When the agents, advocates and counsel, subject to the control of 
 the Court, have presented all the evidence, and taken all other steps that 
 they consider advisable, the President shall declare the case closed. 
 
 The Court shall withdraw to consider the judgment. 
 
 The deliberations of the Court shall take place in private and remain 
 secret. 
 
 Article 54 
 
 All questions shall be decided by a majority of the judges present at 
 the hearing. 
 
 In the event of an equality of votes, the President or his deputy shall 
 have a casting vote. 
 
 Article 55 
 
 The judgment shall state the reasons on which it is based. 
 It shall contain the names of the judges who have taken part in the 
 decision. 
 
 Article 56 
 
 If the judgment given does not represent, wholly or in part, the 
 unanimous opinion of the judges, the dissenting judges shall be entitled 
 
APPENDIX m 
 
 to have the fact of their dissent or reservations mentioned in it. But the 
 reasons for their dissent or reservations shall not be expressed in the 
 judgment. 
 
 Article 57 
 
 The judgment shall be signed by the President and by the Registrar. 
 It shall be read in open Court, due notice having been given to the agent. 
 
 Article 58 
 
 The judgment is final and without appeal. In the event of un- 
 certainty as to the meaning or scope of the judgment, the Court shall 
 construe it upon the request of any party. 
 
 Article 59 
 
 An appUcation for revision of a judgment can be made only when it 
 is based upon the discovery of some new fact, of such a nature as to be 
 a decisive factor, which fact was, when the judgment was given, unknown 
 to the Court and also to the party claiming revision, always provided 
 that such ignorance was not due to negligence. 
 
 The proceedings for revision will be opened by a judgment of the 
 Court expressly recording the existence of the new fact, recognizing that 
 it has such a character as to lay the case open to revision, and declaring 
 the application admissible on this ground. 
 
 The Court may require previous compUance with the terms of the 
 judgment before it admits proceedings in revision. 
 
 No application for revision may be made after the lapse of five years 
 from the date of the sentence. 
 
 Article 60 
 
 Should a State consider that it has an interest of a legal nature which 
 may be affected by the decision in the case, it may submit a request to 
 the Court to be permitted to intervene as a third party. 
 
 It will be for the Court to decide upon this request. 
 
 Article 61 
 
 Whenever the construction of a convention in which States, other 
 than those concerned in the case, are parties, is in question, the Registrar 
 shall notify all such States forthwith. 
 
 Every State so notified has the right to intervene in the proceedings; 
 
122 APPENDIX 
 
 but if it uses this right, the construction given by the judgment will be 
 as binding upon it as upon the original parties to the dispute. 
 
 Article 62 
 
 Unless otherwise decided by the Court, each party shall bear its own 
 costs. 
 
APPENDIX No. Villi 
 
 SUNDEBLAND HoXJSE, CuRZON StREET, 
 
 ) London, W. I. 
 
 27th August, 1920. 
 
 The Council of the League of Nations has the honor to communicate 
 to the Government the scheme presented by the Inter- 
 
 national Committee of eminent jurists who were invited to submit plans 
 for the estabhshment of a Permanent Court of International Justice, 
 and who have recently concluded their deliberations at The Hague. 
 
 The Council do not propose to express any opinion on the merits of 
 the scheme until they have had a full opportunity of considering it but 
 they permit themselves to accompany the documents with the follow- 
 ing observations. 
 
 The scheme has been arrived at after prolonged discussion by a most 
 competent tribunal. Its members represented widely different national 
 points of view; they all signed the Report. Its fate has therefore been 
 very different from that of the plans for a Court of Arbitral Justice, 
 which were discussed without result in 1907. Doubtless the agreement 
 was not arrived at without diflficulty. Variety of opinions, even among 
 the most competent experts, is inevitable on a subject so perplexing and 
 complicated. Some mutual concessions are therefore necessary if the 
 failure of thirteen years ago is not to be repeated. The Council would 
 regard an irreconcilable difference of opinion on the merits of the scheme 
 as an international misfortune of the gravest kind. It would mean 
 that the League was publicly compelled to admit its incapacity to carry 
 out one of the most important of the tasks which it was invited to per- 
 form. The failure would be great and probably irreparable ; for, if agree- 
 ment proves impossible under circumstances apparently so favorable, it 
 is hard to see how and when the task of securing it will be successfully 
 resumed. 
 
 It is in the spirit indicated by these observations that the Council on 
 their part propose to examine the project submitted to them by the 
 Committee of Jurists ; and they trust that in the same spirit the Members 
 of the League will deal with this all-important subject when the Council 
 brings the recommendations before the Assembly. 
 
 ^ Reprinted by courtesy of Worid Peace Foundation, Special Number, Sept., 1920. 
 The letter of explanation accompanied the draft project which was sent to the Govern- 
 ments of all members of the League. 
 
 123 
 
INDEX 
 
 Alliance, definition of, and relation of 
 League of Nations to, 52 
 
 American Institute of International Law, 
 recommendations of Havana, 16 
 
 Angary, law of, 8 
 
 Assembly, composition, 75 (Art. 3); 
 jurisdiction, 75 (Art. 3); and inter- 
 national law, 17-18; reconsideration of 
 treaties by, 27; admission of new 
 members, 74 (Art. 1); relation to amend- 
 ments, 97 (Art. 26); reports by, 86 
 (Art. 15); relation to choice of judges 
 for the Permanent Court of Inter- 
 national Justice, 111-112 (Arts. 4, 8, 
 10-12); power in fixing the salaries of 
 judges in the Permanent Court of 
 International Justice, 115 (Art. 29); 
 in determination of apportionment of 
 expenses of the Permanent Court of 
 International Justice, 116 (Art, 30) 
 
 Austin, John, views on international 
 law, 5 
 
 Baldwin, Mr. Justice, opinion in Rhode 
 Island V. Massachusetts 35-36. 
 
 British League of Free Nations Association, 
 recommends codification of international 
 law by League Council, 17 
 
 Bluntschli, J. K., letter to Francis Lieber 
 on codification of international law, 15 
 
 Bourgeois, Leon, views on sanctions, 48 
 
 Bryan, W. J., conciliation treaties negoti- 
 ated by, 10-11 
 
 Bryce, Lord James, letter to Theodore 
 Marburg on justiciable questions, 37; 
 views on sovereignty, 50 
 
 Butler, N. M., on the Hague Peace Confer- 
 ences, 13 
 
 Carnegie, Andrew, views on sanctions, 46 
 Cecil, Lord Robert, views on sanctions, 46 
 Cherokee Nation v. Georgia, case of, 35 
 
 China, collective intervention in, 39 
 
 Conclusions, 58-59 
 
 Confederations, definition of, and relation 
 to the League of Nations, 51-52 
 
 Congresses, Paris, 1856, 12; Geneva, 1864, 
 12; at The Hague, 12-13 
 
 Constitution of the United States, judicial 
 expansion of, 11 
 
 Council, composition, 75-76 (Art. 4); 
 disarmament duties, 79-81; jurisdiction, 
 76 (Art. 4); reports and inquiry by, 
 29, 81, 84-86 (Arts. 11, 12, 15, 16, 17); 
 relation to amendments, 97 (Art. 26); 
 relation to choice of judges for the 
 Permanent Court of International 
 Justice, 111-112 (Arts. 4, 8, 10-12); 
 power in fixing salaries of judges for the 
 Permanent Court of International 
 Justice and in apportionment of the 
 expense of the court, 115 (Art. 29), 
 116 (Art. 30) 
 
 Court, Permanent Court of International 
 Justice (Art. 14); Draft Scheme for, 
 Appendix No. VII; should give conti- 
 nuity to international law, 12 
 
 Custom, development of international law 
 by, 9-10 
 
 Deserters at Casablanca, case of, 34 
 
 Doe V. Braden, case of, 35 
 
 Duguit, L., views on sovereignty, 49 
 
 Equality, principle of equality in the 
 League of Nations, 52-55; equality in 
 the apportionment of expense, 54; in 
 representation and voting power, 54-55 
 
 Fenwick, C. G., on the Hague Conventions 
 and the codification of international 
 law, 12-13 
 
 Field, David Dudley, Draft Outlines of an 
 International Code, 14 
 
 lU 
 
126 
 
 INDEX 
 
 George, David Lloyd, on abolishment of 
 war, 28; on League as a substitute of 
 reason and justice for force and intrigue 
 in international relations, 32 
 
 German Constitution, recognition of va- 
 lidity of international law, footnote 2, 6 
 and Appendix No. VI 
 
 Grotius, Hugo, conception of international 
 law held by, 1 
 
 Hague Conventions, applicability during 
 war, 22-27 
 
 Hall, W. E., on intervention, 39 
 
 Haskins, Charles H., on Commissions in 
 the Versailles negotiations, 9 
 
 Hobbes, Thomas, conception of inter- 
 national law held by, 3 
 
 International Congresses, development of 
 international law by, 12-13 
 
 Japanese House Tax, case of, 34 
 Judicial Decisions, development of inter- 
 national law by, 11-12 
 Justiciable Questions, discussion of, 34-38 
 
 Knox, P. C, on an international league 
 making war an international crime, 28 
 
 Krehbiel, Edward, on international 
 congresses as a method of developing 
 international law, 12 
 
 Labor, International Labor Organization, 
 19-21; nine fundamental principles of, 
 20; relation of the fundamental principles 
 to international law, 20-21 
 
 La Fontaine, Henri, on making war an 
 illegal institution, 28 
 
 Lansing, Robert, views on an international 
 code and its relation to the Permanent 
 Court of International Justice, 17; on 
 penalties for a breach of international 
 law, 25 
 
 Lawrence, T. J., criticism of Austin's 
 theory of international law, 6 
 
 League of Nations, conception of inter- 
 national law under, 6-7; juridical status 
 of, 49-57; original and revised drafts 
 of the Covenant arranged in parallel 
 columns, Appendix No. UI, 73-98 
 
 League to Enforce Peace, on a congress 
 to codify rules of international law, 16; 
 on settlement of justiciable questions, 36 
 
 Lieber, Francis, on right to make war, 41 
 
 Mandatary, definition of, 90-92, mandatary 
 
 commission, 93 (Art. 22) 
 Marburg, Theodore, Introduction by, 
 
 v-vii; on right to make war at will, 28; 
 
 Lord Bryce's letter to, footnote, 37 
 Martin v. Mott, case of, 35 
 Monroe Doctrine, 90 (Art. 21) 
 Montesquieu, C. L., on individual and 
 
 united action, 31 
 Moore, J. B., on unrestricted right to 
 
 make war, 31; on lack of a sanction in 
 
 the international system, 48 
 Morgenthau, Henry, on intervention, 39 
 
 NeutraUty, President Wilson on, 41; 
 effect of League on, 41-44; Dr. Quincy 
 Wright on, 42-43; Switzerland and, 
 43-44 
 
 Oppenheim, L., on the Hague Peace 
 Conferences, 13; on complex questions, 
 37-38 
 
 Phillimore, Sir Robert, views on natural 
 
 and positive law, 4-5 
 Pious Fund, case of, 34 
 Political Questions, 34-38 
 Pufendorf, S., conception of international 
 
 law held by, 3-4 
 
 Rhode Island v. Massachusetts, case of, 35 
 Roosevelt, Theodore, view on a sanction 
 
 for international court decisions, 45 
 Root, Elihu, letter of March 29, 1919, to 
 Mr. Hays, 13; on change in theory of 
 international law, 40; on the Hague 
 Peace Conferences, 13; on justiciable 
 questions, 37 
 
 Sanctions, 45-48; Mr. Roosevelt on, 45; 
 Mr. Taft on, 46; Mr. Scott on, 46; 
 Lord Robert Cecil on, 46; Mr. Carnegie 
 on, 46; Mr. Lowell on, 47; juridical 
 sanction proposed, 47; J. B. Moore on 
 weakness of the international system. 
 
INDEX 
 
 127 
 
 48; M. Bourgeois on sanctions of 
 Versailles Covenant, 48 
 
 Scott, James Brown, on Judicial Arbi- 
 tration Court and judicial decisions, 
 11-12; on sanctions, 46 
 
 Smith, Munroe, on accountability of a 
 nation for a 'crime against civilization,' 
 40 
 
 Smuts, J. C, Proposals for a League of 
 Nations, Appendix No. I, 61-65; defi- 
 nition of justiciable questions, footnote, 
 37 
 
 Sovereignty, 40-51; definition of, 49; 
 L. Duguit on, 49; Wheaton on, 49-50 
 
 State, definition of, 51; relation to League 
 of Nations, 51 
 
 Stowell, Lord, prize decisions by, 11 
 
 Switzerland, neutrality of, 43-44 
 
 Taft, W. H., views on sanctions, 46 
 Treaties, development of international 
 law by, 10-11; reconsideration of by As- 
 sembly, 27; registration of, 27 (Art. 18); 
 abrogation of, 27 (Art. 20) 
 
 Triepel, H., criticism of the development 
 of international law by one writer 
 copying from another, 8 
 
 War, made illegal by covenant in certain 
 
 instances, 30 
 Wheaton, Henry, views on sovereignty, 
 
 49-50 
 William II, and sanctity of treaties, 25 
 Wilson, George Grafton, The Hague 
 
 Arbitration Cases, 34; Wilson and 
 
 Tucker, International Law, 39 
 Wilson, Woodrow, on international law, 1; 
 
 on neutrality, 41; on Belgium's resto- 
 ration and validity of international law, 
 
 26 
 World Court League, recommendation for 
 
 an international congress to codify 
 
 international law, 16 
 Wright, Quincy, on effects of Covenant 
 
 on theory of international law, 42-43 
 Writers, development of international law 
 
 by, 8 
 
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