The Peace Negotiations Part 18

Any Power not a party to this Covenant, whose government is based upon the principle of popular self-government, may apply to the Body of Delegates for leave to become a party. If the Delegates shall regard the granting thereof as likely to promote the peace, order, and security of the World, they may act favourably on the application, and their favourable action shall operate to const.i.tute the Power so applying in all respects a full signatory party to this Covenant. This action shall require the affirmative vote of two-thirds of the Delegates.

ARTICLE XIII

The Contracting Powers severally agree that the present Covenant and Convention is accepted as abrogating all treaty obligations _inter se_ which are inconsistent with the terms hereof, and solemnly engage that they will not enter into any engagements inconsistent with the terms hereof.

In case any of the Powers signatory hereto or subsequently admitted to the League of Nations shall, before becoming a party to this Covenant, have undertaken any treaty obligations which are inconsistent with the terms of this Covenant, it shall be the duty of such Power to take immediate steps to procure its release from such obligations.

_SUPPLEMENTARY AGREEMENTS_

I

In respect of the peoples and territories which formerly belonged to Austria-Hungary, and to Turkey, and in respect of the colonies formerly under the dominion of the German Empire, the League of Nations shall be regarded as the residuary trustee with sovereign right of ultimate disposal or of continued administration in accordance with certain fundamental principles hereinafter set forth; and this reversion and control shall exclude all rights or privileges of annexation on the part of any Power.

These principles are, that there shall in no case be any annexation of any of these territories by any State either within the League or outside of it, and that in the future government of these peoples and territories the rule of self-determination, or the consent of the governed to their form of government, shall be fairly and reasonably applied, and all policies of administration or economic development be based primarily upon the well-considered interests of the people themselves.

II

Any authority, control, or administration which may be necessary in respect of these peoples or territories other than their own self-determined and self-organized autonomy shall be the exclusive function of and shall be vested in the League of Nations and exercised or undertaken by or on behalf of it.

It shall be lawful for the League of Nations to delegate its authority, control, or administration of any such people or territory to some single State or organized agency which it may designate and appoint as its agent or mandatory; but whenever or wherever possible or feasible the agent or mandatory so appointed shall be nominated or approved by the autonomous people or territory.

III

The degree of authority, control, or administration to be exercised by the mandatary State or agency shall in each case be explicitly defined by the League in a special Act or Charter which shall reserve to the League complete power of supervision and of intimate control, and which shall also reserve to the people of any such territory or governmental unit the right to appeal to the League for the redress or correction of any breach of the mandate by the mandatary State or agency or for the subst.i.tution of some other State or agency, as mandatary.

The mandatary State or agency shall in all cases be bound and required to maintain the policy of the open door, or equal opportunity for all the signatories to this Covenant, in respect of the use and development of the economic resources of such people or territory.

The mandatary State or agency shall in no case form or maintain any military or naval force in excess of definite standards laid down by the League itself for the purposes of internal police.

IV

No new State arising or created from the old Empires of Austria-Hungary, or Turkey shall be recognized by the League or admitted into its membership except on condition that its military and naval forces and armaments shall conform to standards prescribed by the League in respect of it from time to time.

As successor to the Empires, the League of Nations is empowered, directly and without right of delegation, to watch over the relations _inter se_ of all new independent States arising or created out of the Empires, and shall a.s.sume and fulfill the duty of conciliating and composing differences between them with a view to the maintenance of settled order and the general peace.

V

The Powers signatory or adherent to this Covenant agree that they will themselves seek to establish and maintain fair hours and humane conditions of labour for all those within their several jurisdictions who are engaged in manual labour and that they will exert their influence in favour of the adoption and maintenance of a similar policy and like safeguards wherever their industrial and commercial relations extend.

VI

The League of Nations shall require all new States to bind themselves as a condition precedent to their recognition as independent or autonomous States, to accord to all racial or national minorities within their several jurisdictions exactly the same treatment and security, both in law and in fact, that is accorded the racial or national majority of their people.

APPENDIX II

LEAGUE OF NATIONS

(_Plan of Lord Robert Cecil_[1])

I

ORGANIZATION

The general treaty setting up the league of nations will explicitly provide for regular conferences between the responsible representatives of the contracting powers.

These conferences would review the general conditions of international relations and would naturally pay special attention to any difficulty which might seem to threaten the peace of the world. They would also receive and as occasion demanded discuss reports as to the work of any international administrative or investigating bodies working under the League.

These conferences would const.i.tute the pivot of the league. They would be meetings of statesmen responsible to their own sovereign parliaments, and any decisions taken would therefore, as in the case of the various allied conferences during the war, have to be unanimous.

The following form of organization is suggested:

I. _The conference_. Annual meeting of prime ministers and foreign secretaries of British Empire, United States, France, Italy, j.a.pan, and any other States recognized by them as great powers. Quadrennial meeting of representatives of all States included in the league. There should also be provision for the summoning of special conferences on the demand of any one of the great powers or, if there were danger of an outbreak of war, of any member of the league. (The composition of the league will be determined at the peace conference. Definitely untrustworthy and hostile States, e.g., Russia, should the Bolshevist government remain in power, should be excluded. Otherwise it is desirable not to be too rigid in scrutinizing qualifications, since the small powers will in any case not exercise any considerable influence.)

2. For the conduct of its work the interstate conference will require a permanent secretariat. The general secretary should be appointed by the great powers, if possible choosing a national of some other country.

3. _International bodies_. The secretariat would be the responsible channel of communication between the interstate conference and all international bodies functioning under treaties guaranteed by the league. These would fall into three cla.s.ses:

_(a)_ Judicial; i.e., the existing Hague organization with any additions or modifications made by the league.

_(b)_ International administrative bodies. Such as the suggested transit commission. To these would be added bodies already formed under existing treaties (which are very numerous and deal with very important interests, e.g., postal union, international labor office, etc.).

_(c)_ International commissions of enquiry: e.g., commission on industrial conditions (labor legislation), African commission, armaments commission.

4. In addition to the above arrangements guaranteed by or arising out of the general treaty, there would probably be a periodical congress of delegates of the parliaments of the States belonging to the league, as a development out of the existing Interparliamentary Union. A regular staple of discussion for this body would be afforded by the reports of the interstate conference and of the different international bodies. The congress would thus cover the ground that is at present occupied by the periodical Hague Conference and also the ground claimed by the Socialist International.

For the efficient conduct of all these activities it is essential that there should be a permanent central meeting-place, where the officials and officers of the league would enjoy the privileges of extra-territoriality. Geneva is suggested as the most suitable place.

II

PREVENTION OF WAR

The covenants for the prevention of war which would be embodied in the general treaty would be as follows:

(1) The members of the league would bind themselves not to go to war until they had submitted the questions at issue to an international conference or an arbitral court, and until the conference or court had issued a report or handed down an award.

(2) The members of the league would bind themselves not to go to war with any member of the league complying with the award of a court or with the report of a conference. For the purpose of this clause, the report of the conference must be unanimous, excluding the litigants.

(3) The members of the league would undertake to regard themselves, as _ipso facto_, at war with any one of them acting contrary to the above covenants, and to take, jointly and severally, appropriate military, economic and other measure against the recalcitrant State.