Arbitration (International law); Disarmament; Security, International; War
However this may be, it is important to notice here the provisions in
this regard. The Conference for the Reduction of Armaments has, under
the hypothesis, adopted a Plan for such reduction. That Conference has
also to fix the time within which that Plan is to be carried out. The
Council of the League is then to consider whether the Plan for the
Reduction of Armaments adopted by the Conference has or has not been
carried out within that fixed period. Presumably such consideration by
the Council of the League would be had immediately after the expiration
of the period fixed by the Conference; the Council, if it then
considers that the Plan for the Reduction of Armaments has not been
carried out, being limited, however, in such consideration to "the
grounds" (French text--"conditions") laid down by the Conference in
that respect, then declares that the Plan has not been carried out and
the Protocol becomes "null and void."
Accordingly, the Protocol can come into force as a legal obligation
only on the date of the adoption by the Conference of the Plan for the
Reduction of Armaments; and from that date till the date when the
Council of the League of Nations declares that the Plan has or has not
been carried out, it may be said {7} that the Protocol is only
_provisionally_ in force; it is subject to avoidance.
The question here arises as to what is meant by the language of the
Protocol when it speaks of the Plan for the Reduction of Armaments
being "carried out," or, in the French text, "execute." This is a
question rather difficult of answer. Certainly the expression can
hardly refer to the actual _physical_ carrying out of such a Plan; for
that might require a very long period. It seems to me that the
expression envisages the formalities requisite for such a Plan. The
Conference for the Reduction of Armaments which is to draw up a Plan
for such reduction is to draw up, in other words, a Treaty or Treaties
between the parties to bring about such reduction. Such Treaty, or
such Treaties, will of course be voluntary agreements and will of
course require ratification subsequent to the holding of the Conference
itself. Accordingly, it is my view that the "carrying out" of the Plan
for the Reduction of Armaments adopted by the Conference means in the
Protocol the ratification of such Plan, that is to say, the
transformation of the Plan into a binding agreement. Of course, the
precise terms as to ratification, the number of ratifications required,
the time of the deposit of ratifications and all such other formalities
are for the Conference to decide; the reference here, however, is to
those provisions as they may be drafted.
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