Conditions of peace

Front matter

CONDITIONS OF PEACE

Extract from ,

SIXTY- SIXTH CONGRESS : : : : FIRST SESSION

Part I. The Covenant Of The League Op Nations

The High Contracting Parties,

In order to promote international co-operation and to achieve iiternational peace and security

bv the acceptance of obligations not to resort to war.

by the prescription of open, just and honourable relations

l)etween nations, by tlie 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 obligations in the dealings of organised peoples with one another, Agree to this Covenant of the League of Nations.

AETtCLE 1.

Tlie original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Cove- Dant and also such of those other States named in the Annex as ehall accede without reservation to this Covenant. Such accession Bhall 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 Memtier of the League if its admission is agreed to by two-tliii-ds of the Assembly, provided that it sliall give effective guarantees of its sincere intention to observe its international 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, witbdraw 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.

Abticle 2.

The action of the League under this Covernant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.

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 witli 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 sliall have one vote, and may have not more than three Representatives.

The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Repre.sentativas of four other Members of the League. These four Members of tlie 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 Belgium, Brazil, Spain and Greece shall be members of the Council.

With the approval of the majority of the Assembly, the Council may name additional Members of the League whose Representatives shall always be members of the Council ; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on tlie Council.

The Council shall meet from time to time as occasion may require, 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 ijeace of the world.

Any Member of the League not represented on the Council shall be invited to send a Representativo to sit as a member at any meeting of the Council (liuini; llir cuiisideration of matters specially affecting the inten.sis ,.i ihal .^Icmber of the League.

At meetings of the Council, oacli Ak'inlicr of the League represented on the Council shall have one vote, and may have not more than one Representative.

Except where otherwise exijressly provided in this Covenant or by the terms of the present 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 Assembly or of the Council, including the appointment of Committees 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 of the Council shall be summoned by the President of the United States of America.

Aktice G.

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

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

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

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

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

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 vnth 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.

CONORESSIONAL RECORD.

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

The Members of the League recognise that the maintenance of 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, tailing account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.

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

-•Vfter these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the council.

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

The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military and naval programmes and the condition of such of their industries as are adaptable to war-like purposes. Article 9.

A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and S and on military and naval questions generally. Article 10.

The Members of the League undertake 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 advise upon the means by which this obligation shall be fulfilled. Auticle 11.

Any war or threat of war, whether immediately affecting any of the Slembers of the I^eague or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council. ~ It is also declared to be the friendly right of each Member of the I..eague to bring to the attention of the Assembly or of the Council any circumstance whatever alTecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends. .Reticle 12.

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 arbiti'atiou 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.

The Members of the Lengue agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, tliey will submit the whole subject-matter to arbitration.

Disputes as to the intei'pretation 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 made for any such breach, are declared to be among those which are generally suitable for submission to arbitration.

For the consideration of any such dispute the court of Arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention existing between them.

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

The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dLspute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.

If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13, the .Members of ilie league agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary (Jetieral, who will make all necessary arrangements for a full investigation and consideration thereof.

For this purpose the parties to the dispute will comumuiciUe to the Secretary General, as promptly as ijossible, statements of their case with all the relevant facts and papers, and the C<iiiikU may forthwith diriK-t the publication thereof.

The Council shall endeavour to effect a setllenn m ,,i iI,, .! spute, and if such efforts are successful, a statement -;, >

public giving such facts and explanations re^^i! ! i

pute and the terms of settlement thereof as ili- i i i i i ly

deem appropriate.

If the di.spute is not thus settled, the Council ciilici- uiciJiimously or by a majority vote shall make and publish ;i re;"iit containing a statement of the facts of the dispute and the re -..iiimendations which are deemed just and proper in reg:iril lliercui.

Any Member of the League represented on the Council may make public a statement of the facts of the dispute luid of Its conclusions reg;irdiiig the sjime.

If a rei»)rt by the Council is unanimously agreed to li.\ the Members tlicrcv)!' ntlwi- than the Representatives of one or iiioro of the parties to the disptite, the Members of the League ajjiee tliat they will not go to war with any party to the disputo which complies with the recommendations of the report.

If the Council fails to reach a report which is iinaiiinicti.sly agreed to by the Slembers thereof, other than the Repieweiitatives of one or more of the parties to the dispute, llie .Memliers of the League reserve to themselvefs the right to take sucli action as they shall consider nece.ssary for tlie maintenance of ri;;!it and justice.

If the dispute between the parties is claimed by one ol' ihiin, and is founil by the Council, to arise out of a matter which hy international law is solely within the domestic juri.sdiction of that party, the Council shall so report, and shall make i!o re<(>mmendation 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 A.s.sembly all the pnwisions 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, provided that a report made by the Assembly, if concurrec! 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. shaH have the same force as a report by the Council conc'urrcd in by all the members thereof other than the Representatives of one or more of Uio parties to the dispute.

Article IC.

Should any Member of the League resort to war in ilisi-.'L;ard of its covenants under Articles 12, 13 or 15, it .>li::!l ir'" l<i< lo be deemed to have committed an act of war aKainsi all nilicr Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercour.se between their nationals and the nationals of the covenant-breaking State, and the prevention of all financial, commercial or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.

it shall be the duty of the Council in such case to reconnuend to the several Governments concerned what effective military or naval force the Members of the League shall severally contribute to the armed forces to be used to protect the covenanta of the League.

CONGRESSIONAL RECORD.

June 9,

The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to aftord 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 tlie 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.

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 .lust. If such invitation is accepted, the provisions of Articles 12 to 16 inclusive shall be applied with such modifications as may be deemed necessary by the Council.

Upon such invitation being given the Council shall immediately institute an inquiry into the circumstances of the dispute and "reconnuend such action as may seem best and most effectual in the circumstances.

If a State so invited shall refuse to accept the obligations of membership in the League for the purposes of such dispute, and shall resort to war against a Member of the League, the provisions of Article 16 shall be applicable as against the State taking such action.

If both parties of the dispute when so invited refuse to accept the obligations of membership in the League for the purpose%.of such dispute, the Council may take such measures and mak'&'Such recommendations as will prevent hostilities and will result in the settlement of the dispute. Ar.TiCLE 18.

Every treaty or international engagement entered into hereafter by any Member of the League shall be forthwitli registered witli the Secretariat and shall as soon as possible be published by it. No such treaty or international engagement shall be binding until so registered.

Article 19.

The Assembly may from time to time advise the reconsideration by Jlembers of the League of treaties which have become inapplicable and the consideration of international conditions whose continuance might endanger the peace of the world. Akticle 20.

The Members of tbe League severally agree that this Covenant is accepted as abrogating all obUgations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.

In case any Member 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 procure its release from such obligations.

Nothing in this Covenant shall b§ 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.

To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are Inhabited by peoples not vet able t" stand by llicinsvlvcs under the strenuout conditions of tlic ii;o.l,;ii wi.ihl, ih.-iv should be applied the principle that tli<' wcli-l.j'hiu avA .Lv:].^]. incut of such peoples form a sacred trust of (•ivilisuli..n ;in.l tluit securities for the performance of this trust should bf eiiiliodied in this Covenant.

The best method of giving practical effect to this principle is that the tiitelage of such peoples should bo entrusted to advanced iinti'Mis wtio by reason of their resources, their experience or II i iMi'liical position can best undertake this ro-

sponsiliili: , ; ^ ' I are willing to accept it, and that this tntelagf s- m - ; l , .< icised by them as Mandatories on behalf of the LcayuL-.

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 development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. Tlie wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order aial moi-als, the prohibition of abuses such as the slave trade, lla- aims tvaltic and the liquor trafhc, and the prevention of the estaltlisliment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their puiiulation, or their small size, or their remoteness from the rriilrrs of .-ivilisation, or llieir p'o,i;rai.hifal coiiti,i;uity to the l.'!ii;oi> .ii' ilic Mniidatovy, and (.llicr circunistaiicos, can be bc-si a^lniiiilMirc.l undci' tlie laws of the jMandatnry as integral iiiiiUnMs (if its territory, suiiject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by, the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.

Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League :

(a) will endeavour to secure and maintain fair and humane conditions of labour for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international organisations; (h) undertake to secure just treatment of the native inhabitants of territories under their control ;

(c) will entrust the League with the general supervision

over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs ;

(d) will entrust the League with the general supervision

of the trade in arms and ammunition with the countries in which the control of this trafSc is necessary in the common interest ; (c) will make provision to secure and maintain freedom of communications and of transit and equitalile treatment for the commerce of all Members of the League. In this connection, the special necessities of the regions dcvaslntiMl during the war of 1914- 1918 shall be lioin,. in niiii.i : (f) will endeavour ti> take siciis in matters of international concern fur the lutvention and control of disease.

Article 24.

There shall be placed under the direction -of the League all International bureaux already established by general treaties if the parties to such treaties consent. All such international iHireaux and all commissions for the regulation of matters of international interest hereafter constiiuted shall be placed under the direction of the League.

In all matters of international interest which are regulated by general conventions ijut which are not placed under the control of international liurcaux or commissions, the Secretariat of the League si'all, suhjiri to the consent of the Council and if desired by llic ]>.iil ifs, .'..lleet and distribute all relevant i.uformation and shall i. laicr any other assistance Vvhich may ba neces.sary or debiiablo.

CONGRESSIONAL RECORD.

The Council may include as part of the expenses of the Secretariat the expenses of any bureau or commission which is placed unUer the direction of the League.

The Jlembers of the Iieague agree to encourage and promote the establisnient and co-operation of duly authorised voluntary national Red Cross organisations having as purposes the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.

Aeticle 26.

Amendments to this Covenant will take effect when ratified by the Members of the League whose Representatives compose the Couneil and by a majority of the Members of the League whose Kepresentatives compose the Assembly.

No such 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.

I. Original members of the League of Xations si(/natorics of

the treaty of peace.

United States of America. Haiti.

Belgium. Hedjaz.

Bolivia. Honduras.

Brazil. Italy.

British Empire. .Tapan.

Canada. Liberia.

Australia. Nicaragua.

South Africa. Panama.

New Zealand. Peru.

India. Poland.

China. Portugal.

Cuba. Roumania.

Ecuador. Serb-Croat and Slovene State.

France. Siam.

Greece. Tchecko-Slovakia.

Guatemala. Uruguay.

States invited to accede to the covenant. Argentine Republic. Persia.

Chili. Salvador.

Colombia. Spain.

Denmark. .Sweden.

Netherlands. Switzerland.

Norway. Venezuela.

Paraguay.

//. First Secretary General of the League of Kations.

The honourable Sir James Eric Druuiniond, G. C. M. G., C. B.

PART n.

BOUNDARIES OF GERMANY.

The boundaries of Germany will be determined as follows:

1. \ii77i liclgium:

From the point common to the three frontiers of Belgium, Holland and Germany and in a southerly direction :

the north-eastern boundary of the former territory of neutral Morcsnet, then the eastern boundary of the Kreis of Eupen, then the frontier between Belgium and the Kreis of Montjoie, then the north-eastern and eastern boundary of the Kreis of Malm^dy to its junction with the frontier of Luxemburg.

2. With Luxemburg:

The frontier of the 3rd August, 1014, to its junction with the frontier of France of the ISUi July, 1S70.

3. ^yith France:

The frontier of the ISth July, 1870, from Luxemburg to Switzerland with the reservations made in Article 48 of Section IV (Saar Busin) of Part in.

4. With Sivit:erland: The present frontier.

5. With Austria:

Tlie frontier of the 3rd August, 1914, from Switzerland to Tchecko-Slovakia is hereinafter defined.

6. Willi Tchecko-Slovalcia:

The frontier of the 3rd August, 1014, between Germany and Austria from its junction witla the old administrative boundary separating Bohemia and the province of Upper Austria to the point north of the salient of the old province of Austrian Silesia situated at about 8 kilometres east of Neustadt.

7. With Poland:

From the point defined above in a northerly direction to the

point of the salient of the eastern boundary of the Kreis of

Faikenberg, which is about 3 kilometres east of Puschine:

a line to be fixed on the ground passing east of ZOlz :

thence the «>'.istern boundary of the Kreis of Faikenberg, then

the boundary between Upper and Middle Silesia, then the western boundary of Posnania to tlie Bartsch, then the course of this river downstream, then the boundary between the Kreise of Guhrau and of Glogau in a northerly direction, then the boundary of Posnania in a north-easterly direction to its junction with Uie boundary between the Kreise of Lissa and Fraustadt ;

thence in a north-westerly direction to a point to be chosen on the road between the vilLages of Unruhstadt and Kopnitz :

a line to be fixed on the ground passing west of Geyrsdorf, Brenno, Fehlen, Aitkloster, Klehel, and east of Ulbersdor, Buchwaldf, Ugen, Weine, Lupitze, Sehwenten ;

thence in a northerly direction to the northernmost point of Lake Chlop:

a line to be fixed on the ground following the median line of the lakes; the town and the station of Bentschen however (including the junction of the lines Schwiebus-Bentschen and Ziillichau-Beatschen) remaining in Polish territory;

thence in an north-north-easterly direction to tlie point of junction of the boundaries of the Kreise of Schwerin, Birnbaum and Meseritz :

a line to be fixed on the ground passing east of Betsche ;

thence in a northerly direction the boundary separating the Kreise of Schwerin and Birnbaum, then in an easterly direction the northern boundary of the Regierungshezirk of Posen, then in a north-easterly direction the boundary between the Kreise of Filehne and Czarnikau, tlien the course of the Netze up-stream, then in a northerly direction the eastern boundary of the Kreis of Czarnikau to its junction with the northern boundary of Posnania ;

thence in a north-easterly direction to a point on the frontier of Posnania situated at the extremity of the salient at about 5 kilometres west-north-west of Schneidemuhl :

a line to be fixed on the ground ;

Uience the frontier of Posnania to its junction with the boundary between the ICreise of Flatow and of Deut.schkrone ;

thence in a north-easterly direction to point 20.5 (about 5 kilometres west-north-west of Konitz) :

a line to be fixed on the ground approximately parallel to the railway Schneidemiilil-Konitz and about 8 kilometres west of it and passing to the west of Annafeld, Gresonse, Friedland, Steinbom, Jenzuik, Niesewanz and east of SakoUno, AVengerz, Gursen, Radawnitz, Lanken, Daninitz, Schlochau (leaving in German territory the Hammerstein-Schlochau-Prechlau railway), Lichtenhagen, Richnau ;

thence in a northerly direction the boundary between the Kreise of Konitz and Schlochau, then the boundary of West Prussia to the northern extremity of the salient about 8 kilometres south-east of Lauenburg;

thence in a northerly direction to the Baltic Sea:

a line to be fixed on the ground, passing east of the villages of Ilohenfelde, Saulin, Chottschow, following the median line of the lakes situated east of those places, and through point 32 about 5 kilometres north-north-west of Ossecken. 8. With Denmark:

The frontier as it will be fixed in accordance with Articles 109 and 110 of Part HI, Section XII (Schleswig). Article 28.

The boundaries of East Prussia, with the reservations made in Articles 94 and OG of Section IX (East Prussia) of Part III will be determined as follows:

from a point on the coast of the Baltic Sea about li kilometres north of Prtibbernau Church in a direction of "about 159° East from true North: