World's War Events Volume III Part 39

[Sidenote: Disputes to be submitted to arbitration.]

ART. XII.--The high contracting parties agree that should disputes arise between them which cannot be adjusted by the ordinary processes of diplomacy they will in no case resort to war without previously submitting the questions and matters involved either to arbitration or to inquiry by the Executive Council, and until three months after the award by the arbitrators 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 submission of the dispute.

[Sidenote: The Executive Council to act if arbitration fails.]

ART. XIII.--The high contracting parties agree that whenever any dispute or difficulty shall arise between them, which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily 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 on by the parties or stipulated in any convention existing between them. The high contracting parties agree that they will carry out in full good faith any award that may be rendered. In the event of any failure to carry out the award the Executive Council shall propose what steps can best be taken to give effect thereto.

[Sidenote: A permanent court of international justice.]

ART. XIV.--The Executive Council shall formulate plans for the establishment of a permanent court of international justice, and this court shall, when established, be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration under the foregoing article.

[Sidenote: Cases to be stated to the Executive Council.]

ART. XV.--If there should arise between States, members of the League, any dispute likely to lead to rupture, which is not submitted to arbitration 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 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 agree to communicate to the Secretary General as promptly as possible statements of their case, all the relevant facts and papers, and the Executive Council may forthwith direct the publication thereof.

[Sidenote: Terms of settlements to be published.]

[Sidenote: Measures to give effect to recommendations.]

Where the efforts of the council lead to the settlement of the dispute, a statement shall be published, 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 published, setting forth with all necessary facts and explanations the recommendation which the council 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 they will not go to war with any party which complies with the recommendations, and that if any party shall refuse so to comply the council shall propose measures necessary to give effect to the recommendations. 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, indicating what they believe to be the facts, and containing the reasons which they consider to be just and proper.

[Sidenote: Dispute may be referred to the body of delegates.]

The Executive Council 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, provided that such request must be made within fourteen days after the submission of the dispute.

In a case referred to the body of delegates, all the provisions of this article, and of Article XII., relating to the action and powers of the Executive Council, shall apply to the action and powers of the body of delegates.

[Sidenote: When a nation breaks its covenants.]

ART. XVI.--Should any of the high contracting parties break or disregard its covenants under Article XII. it shall thereby ipso facto be deemed to have committed an act of war against all the other members of the League, which hereby undertakes 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, 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.

[Sidenote: Armed forces of the League.]

It shall be the duty of the Executive Council in such case to recommend what effective military 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.

[Sidenote: Financial economic measures.]

The high contracting parties agree, further, that they will mutually 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 special measures aimed at one of their number by the covenant-breaking State and that they will afford pa.s.sage through their territory to the forces of any of the high contracting parties who are cooperating to protect the covenants of the League.

[Sidenote: When a non-member is party to a dispute.]

ART. XVII.--In the event of dispute 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 accept the obligations 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 provisions shall be applied with such modifications as may be deemed necessary by the League.

Upon such invitation being given the Executive Council shall immediately inst.i.tute an inquiry into the circ.u.mstances and merits of the dispute and recommend such action as may seem best and most effectual in the circ.u.mstances.

In the event of a power so invited refusing to accept the obligations of membership in the League for the purposes of the League, which in the case of a State member of the League would const.i.tute a breach of Article XII., the provisions of Article XVI. shall be applicable as against the State taking such action.

[Sidenote: Executive Council to take means to settle the dispute.]

If both parties to the dispute, when so invited, refuse to accept the obligations of membership in the League for the purpose of such dispute, the Executive Council may take such action and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.

[Sidenote: Supervision of trade in arms.]

ART. XVIII.--The high contracting parties agree that the League shall be intrusted with general supervision of the trade in arms and ammunition with the countries in which the control of this traffic is necessary in the common interest.

[Sidenote: Development of backward peoples a sacred trust.]

ART. XIX.--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 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 securities for the performance of this trust should be embodied in the const.i.tution of the League.

The best method of giving practical effect to this principle is that the tutelage of such peoples 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 mandatories 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 circ.u.mstances.

[Sidenote: Provisional recognition of certain communities.]

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 administrative advice and a.s.sistance by a mandatory power until such time as they are able to stand alone. The wishes of these communities must be a princ.i.p.al consideration in the selection of the mandatory power.

[Sidenote: Central Africa peoples.]

Other peoples, especially those of Central Africa, are at such a stage that the mandatory must be responsible for the administration of the territory, subject to conditions which will guarantee freedom of conscience or religion, subject only to the maintenance 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 establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defense of territory, and will also secure equal opportunities for the trade and commerce of other members of the League.

[Sidenote: The South Pacific Isles.]

There are territories, such as Southwest Africa and certain of the South Pacific Isles, which, owing to the spa.r.s.eness of the population, or their small size, or their remoteness from the centers of civilization, or their geographical contiguity to the mandatory State and other circ.u.mstances, can be best administered under the laws of the mandatory States as integral portions thereof, subject to the safeguards above mentioned in the interests of the indigenous population.

[Sidenote: Mandatory's annual report.]

In every case of mandate, the mandatory State shall render to the League 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 State, shall, if not previously agreed upon by the high contracting parties in each case, be explicitly defined by the Executive Council in a special act or charter.

[Sidenote: The mandatory commission.]

The high contracting parties further agree to establish at the seat of the League a mandatory commission to receive and examine the annual reports of the mandatory powers, and to a.s.sist the League in insuring the observance of the terms of all mandates.

ART. XX.--The high contracting parties will endeavor to secure and maintain fair and humane conditions of labor for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend; and to that end agree to establish as part of the organization of the League a permanent bureau of labor.

[Sidenote: Transportation and commerce.]

ART. XXI.--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 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.

[Sidenote: International bureaus to be placed under League.]

ART. XXII.--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.

Furthermore, they agree that all such international bureaus to be const.i.tuted in future shall be placed under control of the League.

[Sidenote: Treaties to be registered with the League.]