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at the Second Hague Conference when established, or
to some other Arbitral Tribunal, all disputes between
them (including those affecting honor and vital inter-
ests) which are of a justiciable character, and which
the powers concerned have failed to settle by diplo-
matic methods. The powers so referring to arbitra-
tion agree to accept and give effect to the award of
the Tribunal.

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 exist-
ence of any fact which if established would con-
stitute a breach of any international obligation, or
330



PROPOSED AMENDMENTS

as to the nature and extent of the reparation to be
made for any such breach.

Any question which may arise as to whether a dis-
pute is of a justiciable character is to be referred for
decision to the Court of Arbitral Justice when con-
stituted, or, until it is constituted, to the existing Per-
manent Court of Arbitration at The Hague.

Second Amendment

Add to Article XIV the following paragraph:
"The Executive Council shall call a general confer-
ence of the Powers to meet not less than two years or
more than five years after the signing of this conven-
tion for the purpose of reviewing the condition of In-
ternational Law, and of agreeing upon and stating in
authoritative form the principles and rules thereof.

"Thereafter regular conferences for that purpose
shall be called and held at stated times."

Third Amendment

Immediately before the signature of the American
delegates, insert the following reservation:

"Inasmuch as in becoming a member of the League
the United States of America is moved by no interest
or wish to intrude upon or interfere with the political
policy or internal administration of any foreign State,
and by no existing or anticipated dangers in the af-
fairs of the American continents, but accedes to the
wish of the European States that it shall join its
power to theirs for the preservation of general peace,
331



PROBLEMS IN FOREIGN POLICY

the representatives of the United States of America
sign this convention with the understanding that noth-
ing therein contained shall be construed to imply a
relinquishment by the United States of America of its
traditional attitude towards purely American ques-
tions, or to require the submission of its policy re-
garding such questions, (including therein the admis-
sion of immigrants,) to the decision or recommenda-
tion of other powers."

Fourth Amendment

Add to Article X the following:

"After the expiration of five years from the sign-
ing of this convention any party may terminate its
obligation under this Article by giving one year's no-
tice in writing to the Secretary General of the
League."

Fifth Amendment

Add to Article IX the following:

"Such Commission shall have full power of inspec-
tion and verification personally and by authorized
agents as to all armament, equipment, munitions, and
industries referred to in Article 'VIII."

Sixth Amendment

Add to Article XXIV the following:
"The Executive Council shall call a general con-
ference of members of the League to meet not less
than five OP more than ten years after the signing
332



PROPOSED AMENDMENTS

of this convention for the revision thereof, and at that
time, or at any time thereafter upon one year's notice,
any member may withdraw from the League."

RESERVATION MADE TO THE HAGUE CONVENTIONS OP

1899 AND 1907 REGARDING THE MONROE

DOCTRINE

"Nothing contained in this Convention shall be so
construed as to require the United States of America
to depart from its traditional policy of not intruding
upon, interfering with, or entangling itself in the
political questions or policy or internal administration
of any foreign State; nor shall anything contained in
the said Convention be construed to imply a relin-
quishment by the United States of America of its
traditional attitude toward purely American ques-
tions."



V. THE COVENANT AS REVISED

The following is the text of the Covenant of the
League of Nations as adopted by the plenary session
of the Peace Conference on April 28, 1Q19:

THE COVENANT OF THE LEAGUE OP
NATIONS *

In order to promote international cooperation and
to achieve international peace and security, by the
acceptance of obligations not to resort to war, by the
prescription of open, just and honorable relations
between nations, by the firm establishment of the un-
derstandings of international law as to actual rule of
conduct among Governments, and by the maintenance
of justice and a scrupulous respect for all treaty ob-
ligations in the dealings of organized peoples with
one another, the high contracting parties agree to this
covenant of the League of Nations.

Article I

The original members of the League of Nations
shall be those of the signatories which are named in
the annex to this covenant and also such of those

lf The text is a reproduction of that issued by the De-
partment of State at Washington.

334



COVENANT AS REVISED

other states named in the annex as shall accede with-
out reservation to this covenant. Such accessions
shall be effected by a declaration deposited with the
Secretariat within two months of the coming into
force of the covenant. Notice 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 assembly, provided that it shall give effective
guarantees of its sincere intention to observe its inter-
national obligations, and shall accept such regulations
as may be prescribed by the League in regard to its
military and naval forces and armaments.

Any member of the League, may, after two years'
notice of its intention so to do, withdraw from the
League, provided that all its international obligations
and all its obligations under this covenant shall have
been fulfilled at the time of its withdrawal.

Article II

The action of the League under this covenant shall
be effected through the instrumentality of an As-
sembly and of a Council, with a permanent Secre-
tariat.

Article III

The Assembly shall consist of representatives of
the members of the League.

The Assembly shall meet at stated intervals and
335



PROBLEMS IN FOREIGN POLICY

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 IV

The Council shall consist of representatives of the
United States of America, of the British Empire,
of France, of Italy, and of Japan, together with rep-
resentatives 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 appointment of the representatives of the
four members of the League first selected by the
Assembly, representatives of (blank) shall be mem-
bers of the Council.

With the approval of the majority of the Assem-
bly, the Council may name additional members of
the League whose representatives shall always be
members of the Council; the Council with like ap-
proval may increase the number of members of the
League to be selected by the Assembly for represen-
tation on the Council.

The Council shall meet from time to time as occa-
sion may require, and at least once a year, at the
836



COVENANT AS REVISED

seat of the League, or at such other place as may be
decided upon.

The Council may deal at its meetings with any mat-
ter within the sphere of action of the League or af-
fecting the peace of the world.

Any member of the League not represented on the
Council shall be invited to send a representative 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.

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 representa-
tive.

Article V

Except where otherwise expressly provided in this
covenant, or by the terms of the treaty, decisions
at any meeting of the Assembly or of the Council
shall require the agreement of all the members of
the League represented at the meeting.

All matters of procedure at meetings of the As-
sembly or of the Council, the appointment of com-
mittees to investigate particular matters, shall be
regulated 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 Assembly and the first
meeting at the Council shall be summoned by the
President of the United States of America.



PROBLEMS IN FOREIGN POLICY

Article VI

The permanent Secretariat shall be established at
the seat of the League. The Secretariat shall com-
prise a Secretariat General and such secretaries and
staff as may be required.

The first Secretary General shall be the person
named in the annex; thereafter the Secretary Gen-
eral shall be appointed by the Council with the ap-
proval 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 T?orne by
the members of the League in accordance with the
apportionment of the expenses of the International
Bureau of the Universal Postal Union.

Article VII

The seat of the League is established at Geneva.

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

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

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



COVENANT AS REVISED

The buildings and other property occupied by the
League or its officials or by representatives attend-
ing its meetings shall be inviolable.

Article VIH

The members of the League recognize that the
maintenance of a peace requires the reduction of na-
tional 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 for-
mulate plans for such reduction for the consideration
and action of the several governments.

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

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

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

The members of the League undertake to inter-



PROBLEMS IN FOREIGN POLICY

change full and frank information as to the scale of
their armaments, their military and naval programmes
and the condition of such of their industries as are
adaptable to warlike purposes.

Article IX

A permanent commission shall be constituted to
advise the Council on the execution of the provisions
of Articles I and VIII and on military and naval
questions generally.

Article X

The members of the League undertake to respect
and preserve as against external aggression the terri-
torial integrity and existing political independence of
all members of the League. In case of any such ag-
gression or in case of any threat or danger of such
aggression, the Council shall advise upon the means
by which this obligation shall be fulfilled.

Article XI

Any war or threat of war whether immediately af-
fecting any of the members of the League or not, is
hereby declared a matter of concern to the whole
League, and the League shall take any action that
may be deemed wise and effectual to safeguard the
peace of nations. In case any such emergency should
arise, the Secretary-General shall, on the request
of any member of the League, forthwith summon a
meeting of the Council.

It is also declared to be the fundamental right of
340



COVENANT AS REVISED

each member of the League to bring to the attention
of the Assembly or of the Council any circumstance
whatever affecting international relations which
threatens to disturb either the peace or the good un-
derstanding between nations upon which peace de-
pends.

Article XH

The members of the League agree that if there
should arise between them any dispute likely to lead
to a rupture, they will submit the matter either to
arbitration or to inquiry by the Council, and they
agree in no case to resort to war until three months
after the award by the arbitrators or the report by
the Council.

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 XIII

The members of the League agree that whenever
any dispute shall arise between them which they rec-
ognize to be suitable for submission to arbitration
and which cannot be satisfactorily settled by diplo-
macy, 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
constitute a breach of any international obligation, or
as to the extent and nature of the reparation to be
341



PROBLEMS IN FOREIGN POLICY

made for any such breach, are declared to be among
those which are generally suitable for submission to
arbitration. For the consideration of any such dis-
pute the court of arbitration to which the case is re-
ferred shall be the court agreed on by the parties to
the dispute or stipulated in any convention existing
between them.

The members of the League agree that they will
carry out in full good faith any award that may be
rendered and that they will not resort to war against
a member of the League which complies therewith.
In the event of any failure to carry out such an award,
the Council shall propose what steps should be taken
to give effect thereto.

Article XIV

The Council shall formulate and submit to the mem-
bers of the League for adoption plans for the estab-
lishment of a permanent court of international jus-
tice. The court shall be competent to hear and de-
termine any dispute of an international character
which the parties thereto submit to it. The court may
also give an advisory opinion upon any dispute or
question referred to it by the Council or by the As-
sembly.

Article XV

If there should arise between members of the

League any dispute likely to lead to a rupture, which

is not submitted to arbitration as above, the members

of the League agree that they will submit the matter

342



COVENANT AS REVISED

to the Council. Any party to the dispute may effect
such submission by giving notice of the existence of
the dispute to the Secretary-General,, who will make
all necessary arrangements for a full investigation
and consideration thereof. For this purpose the
parties to the dispute will communicate to the Secre-
tary-General, as promptly as possible, statements of
their case, all the relevant facts and papers; the
Council may forthwith direct the publication thereof.

The Council shall endeavor to effect a settlement of
any dispute, and if such efforts are successful, a state-
ment shall be made public giving such facts and ex-
planations regarding the dispute, terms of settlement
thereof as the Council may deem appropriate.

If the dispute is not thus settled, the Council either
unanimously or by a majority vote shall make and
publish a report containing a statement of the facts
of the dispute and the recommendations which are
deemed just and proper in regard thereto.

Any member of the League represented on the
Council may make public a statement of the facts of
the dispute and of its conclusions regarding the same.

If a report by the Council is unanimously agreed to
by the members thereof other than the representa-
tives of one or more of the parties to the dispute, the
members of the League agree that they will not go
to war with any party to the dispute which complies
with the recommendations of the report.

If ihe Council fails to reach a report which is
343



PROBLEMS IN FOREIGN POLICY

unanimously agreed to by the members thereof, other
than the representatives of one or more of the parties
to the dispute, the members of the League reserve to
themselves the right to take such action as they shall
consider necessary for the maintenance of right and
justice.

If the dispute between the parties is claimed by one
of them, and is found by the Council, to arise out of a
matter which by international law is solely within the
domestic jurisdiction of that party, the Council shall
so report, and shall make no recommendation as to
its settlement.

The Council may in any case under this Article
refer the dispute to the Assembly. The dispute shall
be so referred at the request of either party to the
dispute, provided that such request be made within
fourteen days after the submission of the dispute to
the Council.

In any case referred to the Assembly all the pro-
visions of this Article and of Article XII relating to
the action and powers of the Council shall apply to
the action and powers of the Assembly, provided that
a report made by the Assembly, if concurred in by
the representatives of those members of the League
represented on the Council and of a majority of the
other members of the League, exclusive in each case
of the representatives of the parties to the dispute,
shall have the same force as a report by the Council
concurred in by all the members thereof other than
344



COVENANT AS REVISED

the representatives of one or more of the parties to
the dispute.

Article XVI

Should any member of the League resort 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, which hereby undertake immediately to
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 of all financial, com-
mercial, or personal intercourse between the nationals
of the covenant-breaking state and the nationals of
any other state, whether a member of the League or
not.

It shall be the duty of the Council in such case to
recommend to the several governments concerned
what effective military or naval forces the members
of the League shall severally contribute to the arma-
ments of forces to be used to protect the covenants
of the League.

The members of the League agree, further, that
they will mutually support one another in the finan-
cial 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 mutually support one another in resisting
any special measures aimed at one of their number



PROBLEMS IN FOREIGN POLICY

by the covenant-breaking state, and that they will
take the necessary steps to afford passage through
their territory to the forces of any of the members
of the League which are co-operating to protect the
covenants of the League.

Any member of the League which has violated any
covenant of the League may be declared to be no
longer a member of the League by a vote of the
Council concurred in by the representatives of all
the other members of the League represented thereon.

Article XVII

In the event*of a dispute between a member of the
League and a state which is not a member of the
League, or between states not members of the League,
the state or states not members of the League shall
be invited to accept the obligations of membership in
the League for the purposes of such dispute, upon
such conditions as the Council may deem just. If
such invitation is accepted, the provisions of Articles
XII to XVI inclusive shall be applied with such modi-
fications as may be deemed necessary by the Council.

Upon such invitation being given, the Council shall
immediately institute an inquiry into the circum-
stances of the dispute and recommend such action
as may seem best and most effectual in the circum-
stances.

If a state so invited shall refuse to accept the obli-
gations of membership in the League for the pur-
poses of such dispute, and shall resort to war against
346



COVENANT AS REVISED

a member of the League, the provisions of Article
XVI shall be applicable as against the state taking
such action.

If both parties to the dispute, when so invited
refuse to accept the obligations of membership in the
League for the purposes of such dispute, the Council
may take such measures and make such recommenda-
tions as will prevent hostilities and will result in the
settlement of the dispute.

Article XVIII

Every convention or international engagement en-
tered into henceforward by any member of the
League, shall be forthwith registered with the Sec-
retariat and shall as soon as possible be published by
it. No such treaty or international engagement shall
be binding until so registered.

Article XIX

The Assembly may from time to time advise the
reconsideration by members of the League of treaties
which have become inapplicable, and the considera-
tion of international conditions whose continuance
might endanger the peace of the world.

Article XX

The members of the League severally agree that
this covenant is accepted as abrogating all obliga-
tions or understandings inter se which are inconsistent
with the terms thereof, and solemnly undertake that



PROBLEMS IN FOREIGN POLICY

they will not hereafter enter into any engagements in-
consistent with the terms thereof.

In case members of the League shall, before becom-
ing a member of the League, have undertaken any
obligations inconsistent with the terms of this cove-
nant, it shall be the duty of such member to take
immediate steps to procure its release from such obli-
gations.

Article XXI

Nothing in this covenant shall be deemed to affect
the validity of international engagements such as
treaties of arbitration or regional understandings like
the Monroe Doctrine for securing the maintenance of
peace.

Article XXH

To those colonies and territories which as a conse-
quence of the late war have ceased to be under the
sovereignty of the states which formerly governed
them and which are inhabited by peoples not yet able
to stand by themselves under the strenuous conditions
of the modern world, there should be applied the
principle that the well-being and development of such
peoples form a sacred trust of civilization and that se-
curities for the performance of this trust should be
embodied in this covenant.

The best method of giving practicable effect to this
principle is that the tutelage of such peoples be en-
trusted to advanced nations who, by reasons of their
resources, their experience or their geographical posi-



COVENANT AS REVISED

tion, can best undertake this responsibility, and who
are willing to accept it, and that this tutelage should
be exercised by them as mandatories on behalf of the
League.

The character of the mandate must differ accord-
ing 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 development
where their existence as independent nations can be
provisionally recognized subject to the rendering of


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Online LibraryDavid Jayne HillPresent problems in foreign policy → online text (page 16 of 17)