A Revision of the Treaty: Being a Sequel to The Economic Consequence of the PeaceKeynes, John Maynard
History
A Revision of the Treaty: Being a Sequel to The Economic Consequence of the Peace
Keynes, John Maynard
Treaty of Versailles (1919 June 28); World War, 1914-1918 -- Reparations
If, on the other hand, Germany is alleged to be in default under some
other Chapter of the Treaty, then the Allies have no recourse except
to the League of Nations; and they are bound to bring into operation
Article 17 of the Covenant, which provides for the case of a dispute
between a member of the League and a non–member. That is to say,
apart from procedure by the Reparation Commission as set forth above,
breaches or alleged breaches of this Treaty are in precisely the same
position as breaches of any other treaty between two Powers which are
at peace.
According to Article 17, in the event of a dispute between a member
of the League and a State which is not a member of the League, the
latter “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 just. 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 recommend such
action as may seem best and most effectual in the circumstances.”
Articles 12 to 16 provide, amongst other things, for arbitration in
any case of “disputes as to the interpretation 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.”
The Allies as signatories of the Treaty and of the Covenant are
therefore absolutely precluded in the event of a breach or alleged
breach by Germany of the Treaty, from proceeding except under the power
given to the Reparation Commission as stated above, or under Article 17
of the Covenant. Any other act on their part is illegal.
In any case it is _obligatory_ on the Council of the League, under
Article 17, to invite Germany, in the event of a dispute between
Germany and the Allies, to accept the obligations of membership in the
League for the purposes of such dispute, and to institute immediately
an inquiry into the circumstances of the dispute.
In my opinion the protest addressed by the German Government to the
Council of the League of Nations in March 1921 was correctly argued.
But, as with the inclusion of pensions in the Reparation Bill, we
reserve the whole stock of our indignation over illegality between
nations for the occasions when it is the fault of others. I am told
that to object to this is to overlook “the human element” and is
therefore both wrong and foolish.
FOOTNOTES:
Public-domain text, read in full here on John Shaqi.
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