Reduction of Armaments. any of the members who are co-operating against the guilty member. And, lastly, the Covenant-breaking member may by a unanimous vote of all the members of the Council, other than its own representative, be expelled from the League.1 § 1671. If the provisions of the Covenant are effective in the avoidance of war, the world can be freed from the burden of enormous armaments which were considered necessary before the World War. For this reason Article 8 embodies the principle that national armaments shall be reduced to the lowest point consistent with national safety, and with the enforcement by common action of international obligations. But no hard and fast rule is laid down for such reduction of armaments; on the contrary, special account is to be taken of the geographical situation and circumstances of each State.' The Council is to formulate plans for effecting the reduction of armaments, for the consideration and action of the several members of the League, and these plans are to be subject to reconsideration and revision at least every ten years. After these plans have been adopted by the members concerned, the limits of armaments fixed by them cannot be exceeded without the consent of the Council. And the members of the League must interchange full and frank information as to the scale of their armaments, their military, naval, and air programmes, and the condition of such of their industries as are capable of being adapted to warlike purposes. Part of the task of reduction of armaments lies in dealing with the problem of the manufacture, by private enterprise, of munitions and implements of war, which lends itself to grave objection. For this reason the Council is to advise how the evil effects attendant 1 As regards details concerning the settlement of disputes by arbitra tion and by inquiry on the part of the Council, see below, vol. ii. 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.' To advise the Council of the League with regard to the problem of reduction of armaments, a Permanent Armament Commission is to be established according to Article 9. § 167m. Since the member-States of the League are Guarantee to reduce their armaments, the League promises to Aggresagainst them assistance against external aggression. Article 10 sion. of the Covenant stipulates: 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.' It is to be noted that the League guarantees the territorial integrity of the member-States against external aggression only. No guarantee of territorial integrity is granted against revolutionary movements within the member-States aspiring to independence and the establishment of separate States. For this reason Article 10 is not a bar to historical development which might lead to the disintegration of some of the existing memberStates. macy. § 167n. At the outbreak of the World War, and Open during its continuance, it became apparent that secret Diplotreaties are a danger to peace. In any case, they would seem not to be in accordance with democratic government, because they may submit the States concerned to obligations which the peoples, had they known of the secret treaties, would have refused to undertake. The demand for so-called open diplomacy having Reconsidera tion of everywhere arisen, Article 18 meets this demand, to a great extent, by laying down the rule that in future every treaty or international engagement must be forthwith registered with the Secretariat of the League, and as soon as possible be published, and that no such treaty or international engagement shall be binding, until so registered. It is to be noted that the registration and publication of future treaties only is stipulated, and that nothing is said about secret treaties made before the establishment of the League. However, it would seem that previous secret treaties lose their binding force unless they are forthwith registered with the Secretariat because, according to Article 20, all obligations or understandings between members of the League which are inconsistent with the terms of the Covenant are abrogated. § 1670. There is no doubt that all treaties and international conditions are subject to the influence of Treaties changing circumstances and conditions. Articles 19 national and 20 of the Covenant define the attitude of the League with regard to such changes. and Inter Conditions. (1) The establishment of the League itself involves such a great alteration of circumstances and conditions, that Article 20 stipulates: The members of the League severally agree that this Covenant is accepted as abrogating all obligations 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.' It is, however, to be noted that Article 21 specifically lays down the rule that nothing in the Covenant shall be deemed to affect the validity of international engagements such as treaties of arbitration or regional understandings for securing the maintenance of peace.' For this reason not only international arbitration treaties, but also guarantee treaties and defensive alliances entered into before the establishment of the League, need not be dissolved. (2) A treaty may in consequence of a vital change of circumstances and conditions become so burdensome to one of the parties that in justice such party may demand to be released, either from the whole treaty, or from a certain stipulation in it. For this reason it has always been asserted to be a customary rule of International Law, that omnis conventio intelligitur rebus sic stantibus.1 On the other hand, there was always a danger that this rule would be improperly used to hide the violation of treaties behind the shield of law; and a number of cases could be quoted where such abuse has really taken place. To avoid this, and yet to secure the application of the principle rebus sic stantibus to cases where its application is really justified, Article 19 stipulates that the Assembly may advise the reconsideration by members of the League of treaties which have become inapplicable.2 (3) Just as treaties, through a change of circumstances, may become the cause of strife, so may international conditions in general, unless they are altered and adapted to new requirements. For this reason Article 19 stipulates that the Assembly may also from time to time advise the consideration, by the members of the League, of international conditions whose continuance might endanger the peace of the world. § 167p. As, in consequence of the World War, Germany lost her colonies, and Turkey a large part of her Empire, 1 See below, § 539. See below, § 1678. ship over Guardian- a number of territories ceased to be under the sovereignty of the States to which they formerly belonged; but the Peoples. peoples inhabiting them were not yet able to stand certain International Co-operation. alone. For such territories Article 22 of the Covenant introduces a new principle of International Law, for it stipulates that they shall be put under the guardianship of the League of Nations. However, the League is not itself to administer them, but is to give a mandate to such member-States of the League as by reason of their resources, their experience, or their geographical position' are best fitted to do so. The degree of authority, control, or administration to be exercised by the Mandatory State, if not previously agreed upon, is in each case to be explicitly defined by the Council in a special act or charter.1 § 167q. Articles 23-25 set the League a number of tasks, all involving international co-operation regarding matters of common interest in time of peace. According to Article 23(a), the members of the League will endeavour to secure everywhere fair and humane conditions of labour for men, women, and children. To 1 Article 22, having regard to the It appears from answers given in second or third type have been allocated to Great Britain for Palestine; to Great Britain and Belgium for German East Africa; to South Africa for German South-West Africa; to the British Empire for Nauru; to New Zealand for Samoa: to Australia for other German possessions in the Pacific south of the Equator; to Japan for those north of the Equator; and to Great Britain and France for Togoland and the Cameroons. But the terms of the mandates have not been published, and this list is given with all reserve. The Mandatory Commission-see above, § 167h-is to receive and examine the annual reports which must be made by Mandatory States and to advise the Council upon en suring the observance of the terms of all mandates. |