The League of Nations

Front matter

AGUE OF NATION

SIR FREDERICK POLLOCK, Bt., K.

IECOND EDITION

Preface

TO THE SECOND EDITION.

The purpose of this book is to give a practical exposition of the Covenant of the League of Nations, with so much introduction as appears proper for enabling the reader to understand the conditions under which the League was formed and had to commence its work. If here and there I have been tempted to wander from the strait way, the digressions are not long enough to call for any special apology.

No systematic attempt has yet been made to deal with the bibliography of the subject, which is indeed growing so fast that such an attempt would be premature. I have therefore not thought it useful to print a general list of authorities which would be imperfect at best. At the heads of chapters, however, especially the introductory ones, I have given references to authentic documents and to other publications which seemed fitted to assist the reader in verify-

Vlll PREFACE TO SECOND EDITION.

ing the facts or undertaking fuller research. These references make no pretence to completeness and imply no judgment of any kind on works not cited ; among those I have not seen or not used there may be many quite as good as those I have myself found profitable. I trust however that the selection, such as it is, may be helpful (a).

For like reasons I do not profess to appraise the individual merit of the statesmen and authors whose labours prepared the way for the establishment of the League. A justly proportioned view is hardly possible in our time.

Some general acquaintance with the notorious events of recent years is assumed ; I see no middle course between taking so much for granted and writing a history of the war. For my part I have no higher ambition than that, when the time is ripe for a definitive record, this volume may save the future historian some trouble.

When the present edition was called for it became necessary to take account of the activities

(a) At the last moment I call attention to an interesting paper in the "Bulletin de la Societe autour du Monde" for Dec. 1921 (9 Quai du Quatre-Septembre, Boulogne-sur-Seine), which might escape most readers here: E. Tonnelat, Opinions allemandes sur la Soci<it(S des Nations.

Preface To Second Edition. IX

of the League in the meantime. Contrary to the not uncommon belief, or affectation thereof, that the League has been idle, these have been so various that I should have despaired of the task but for the help generously given by the officers of the League of Nations Union in London and of the League itself, to whom I return my best thanks for the communication of official publications and other valuable information. It will be understood that only very brief statement is compatible with preserving the general object and scale of the book. Subject to that condition, I have aimed at bringing the facts down to the end of 1921, with a few later additions (b).

The time is not ripe for saying anything of the Washington Conference and its results, except that if the United States had not refused to enter the League of Nations the like or even better results could have been attained much more simply. But, even as it stands, the League is already powerful for good if Governments will honestly use the means it provides. As Sir A. Balfour lately said: — "If the League of Nations reaches its full strength and stature, if

(i) Disarmament on land is now being considered by a Commission of the League sitting in Paris, which expects to report in July.

X PREFACE TO SECOND EDITION.

it be supported by the great moral forces of the world, peace and national independence will be secured without resort to arms. If in the future there should again arise a Power greedy of domination, it will find itself confronted, not merely by defensive alliances between a few interested States, but by the organised forces of the civilized world " (c).

Sir A. Balfour meant, it is plain, physical as well as moral force. We have not yet done with Thomas Hobbes's saying, " Covenants without the sword are but words, and of no strength to secure a man at all." Yet we must look to the moral forces for direction, and it is the duty of every right-minded citizen to do his best towards organizing them.

The Fourteen Points are now omitted from the Appendix, their practical interest being exhausted.

F. P.

Lincoln's Inn,

(c) Speech to the Imperial Conference, July 8, 1921.

XI

BOOK I.— Introductory

l/ OHAPTEK I.

THE OLDER EUROPEAN ORDER.

War, peace and government 1

Arbitration in the Middle Ages 3

Early federal alliances 4

Plans of general confederation 5

Early international law: Balance of Power 8

The system of the Congress of Vienna 10

The Crimean war and after 11

Later European Congresses 13

Dissolution of the Concert in 1908 15

Summary of stages in the political system before 1914 ... 15 Note A. — Treaty between Henry II. of England

and Philip II. of France 16

Chapter II. Methods Of International Arbitration

Ancient practice revived in modern times 17

Standing treaties 18

•J Arbitration distinguished from mediation 19

Its judicial character 20

Imperfection of transitory jurisdiction 22

Neither awards nor judicial decisions infallible 24

Pretended necessity of war 25

Law and reason in international arbitration 28

Rules not wanting as alleged 30

Xll CONTENTS.

Chapter II. — continued.

PAOE

Compromise in decisions 31

Free choice of arbitrators 32

The Alabama case .'. 33

Its effect in reviving arbitration 34

Composition of arbitral tribunals 34

Form of arbitration treaties 36

Treaties of unlimited reference to Peace Commissions... 39

Note B. — Conventions made by Great Britain with

France and the U.S 40

Note C. — Peace Commission treaty between Great

Britain and the U.S 43

Chapter III. The Hague Tribunal

The Peace Conference of 1899 48

The Convention as to settlement of disputes 50

Special commissions and reports: the Dogger Bank case 51

The danger averted 53

Provisions for arbitration 54

Procedure 56

Summary procedure 58

Is the Tribunal a court of justice ? 58

Project of a permanent judicial court 61

The German attitude 64

Renewal of the scheme in 1914 64

Chapter IV The League In Sight

Methods of settling disputes down to 1914 66

Expectations of improvement 67

Federalist theories 69

CONTENTS. XU1

Chapter IV. — continued.

PAGE

Foundation of the American League to enforce Peace... 70

Militarist and pacifist extreme views 72

British and Continental societies 73

Allied societies in conference 74

Agreement of the Western Allies in the principle 74

Lord Parker of Waddington's last speech 75

Question as to manner and time of constituting the

League 77

Gen. Smuts's pamphlet 77

American unofficial draft 79

Existing general conventions for common objects 80

The Postal Union 81'

The Institute of Agriculture 82

Eventual control of the League 83

Note D. — List of League of Nations societies 84

BOOK II.— The League in Being. CHAPTEE V

THE CONSTITUTION OF THE LEAGUE.

Unexpected results of the war of 1914 89

Formation of the League of Nations 90

The Covenant and the official commentary (Art. 1) 91

No super-State 92

Members of the League 93.

Joining members 94

New members 96

Withdrawal 96

Assembly and Council (Art. 2) 98

Composition of Assembly 99

Selection of delegates free to every State 100

Meetings of Assembly; voting power (Art. 3) 102

Bepresentation of British Empire 102

XIV CONTENTS.

Chapter V — continued.

PAGE

Meetings and powers 104

Composition of the Council (Art. 4) 105

Representation of new members and of specially

interested Powers 107

Unanimity generally required : procedure (Art. 5) 109

Majority powers in exceptional cases 109

Agreement of members represented at meeting, why

sufficient Ill

Committee work Ill

The Secretariat (Art. 6) 112

Why none for British Empire ? 113

Sessions already held 114

Seat of the League : appointments open to women

Chapter VI. Restraint Of War

Armaments : plans for reduction : revision : private

manufacture: exchange of information (Art. 8)... 117

No compulsory disarmament 118

Failure of the Hague Conferences to deal with the

problem ._ 118

Future work of the Council . .- 119

Private manufacture of war material 120

Modes of regulation 121

Prohibited means of offence: poison 123

The Commentary on exchange of information 125

Compulsory service not dealt with 126

Advisory Commission on military, naval and air

questions (Art. 9) 128

No General Staff created 128

Functions of the Commission 130

French position and proposed amendments 131

Integrity and independence of members to be preserved

against external aggression (Art. 10) 133

CONTENTS. XV

Chapter VI — continued.

VAQE

Limits of guaranteed protection 134

Council must be unanimous in advice 134

No new Holy Alliance 135

Action mease of war or danger of war (Art. 11) 136

Importance of an instrument ready for action 138

Chapter VII. Judicial Process And Sanctions

Agreement to submit disputes for arbitral award or

inquiry by Council (Art. 12) 140

Irregular and unauthorized hostilities 141

Reference of disputes to arbitration and performance of

award (Art. 13) 142

Scope of discretion to refer questions 143

What questions justiciable 145

Choice of tribunal 145

Execution of award 145

Permanent Court to be established (Art. 14) 146

Competence of the Court 147

Constitution and composition of Court as established . . . 148

Jurisdiction 150

Submission of non- justiciable disputes to Council;

power of Council to refer to Assembly (Art. 15) ... 151

Possible use of committees 153

Publicity 154

Sanctions against war in breach of Covenant (Art. 16). 155

Commercial blockade of offending State 157

"Pacific" blockade obsolete 158

Council has no compulsory power 158

Security for prompt co-operation to be desired 159

A cosmopolitan army not practicable 162

Discretion as to postponement of economic pressure .... 163

Proceedings as to States not members (Art. 17) 164

The League as general guardian of peace 165

XVI CONTENTS.

OHAPTEK VIII.

THE LEAGUE IN PEACE.

TAGE

Registration of future treaties (Art. 18) 171

Revision of treaties, etc. (Art. 19) 172

General revision of law of nations 172 f

Obligations inconsistent with Covenant abrogated

Saving of recognised engagements and understandings

The Monroe Doctrine 175

Mandates (Art. 22) 177

The Secretariat's duty 180

The three forms of Mandate 182 t

Co-operation in matters of labour, traffic, public health

International commissions transferred to direction of the :

League (Art. 24) 187

Red Cross work (Art. 25) 188

Amendments to the Covenant (Art. 26) 188

Annex (original members and invited States) 189

The spirit of the League 191

Work of the League, 1920—1921 193