Arbitration (International law); Disarmament; Security, International; War
(_c_) It does not rest solely upon the loyalty and good faith
of the parties. To the moral and legal force of an ordinary
arbitration is added the actual force derived from the
international organisation of which the kind of arbitration
in question forms one of the principal elements; the absence
of a sanction which has impeded the development of compulsory
arbitration is done away with under our system.
In the system of the Protocol, the obligation to submit disputes to
arbitration is sound and practical because it has always a sanction.
Its application is automatically ensured, by means of the intervention
of the Council; in no case can it be thrown on one side through the
ill-will of one of the disputant States. The awards to which it leads
are always accompanied by a sanction, adapted to the circumstances of
the case and more or less severe according to the degree of resistance
offered to the execution of the sentence.
{167}
2.--NATURE OF THE RULES OP THE PROTOCOL.
_Article 1._
The rules laid down in the Protocol do not all have the same scope or
value for the future.
As soon as the Protocol comes into force, its provisions will become
compulsory as between the signatory States, and in its dealings with
them the Council of the League of Nations will at once be able to
exercise all the rights and fulfil all the duties conferred upon it.
As between the States Members of the League of Nations, the Protocol
may in the first instance create a dual régime, for, if it is not
immediately accepted by them all, the relations between signatories and
non-signatories will still be governed by the Covenant alone while the
relations between signatories will be governed by the Protocol as well.
But this situation cannot last. Apart from the fact that it may be
hoped that all Members of the League will adhere to it, the Protocol is
in no sense designed to create among the States which accept it a
restricted League capable of competing with or opposing in any way the
existing League. On the contrary, such of its provisions as relate to
articles of the Covenant will, as soon as possible, be made part of the
general law by amendment of the Covenant effected in accordance with
the procedure for revision laid down in Article 26 thereof. The
signatory States which are Members of the League of Nations undertake
to make every effort to this end.
When the Covenant has been amended in this way, some parts of the
Protocol will lose their value as between the said States: some of them
will have enriched the Covenant, while others, being temporary in
character, will have lost their object.
The whole Protocol will remain applicable to relations between
signatory States which are Members of the League of Nations and
signatory States outside the League, or between States coming within
the latter category.
{168}
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account