Arbitration (International law); Disarmament; Security, International; War
All that the Covenant did was to forbid some wars, to provide for delay
in every case, and otherwise to rely wholly upon voluntary arbitration
and, in cases where they could be obtained, upon unanimous
recommendations of the Council. The framers of the Covenant were most
careful to avoid the idea of compulsory arbitration, for all that even
the unanimous recommendation of the Council could do was to prevent
hostilities.
Under the "amended" Covenant, the defensive alliance of the Members of
the League becomes complete. It is intended to see to it that arbitral
decrees are carried out; to see to it that the _status quo_ remains
untouched, except by voluntary agreement; and to see to it that the
violator is met by the combined forces of other States.
Contrast the provisions of the Covenant, which contemplate no concerted
action, unless agreed to at the time, other than economic and financial
pressure; and the preservation of the _status quo_ only so far as
Article 10 of the Covenant extends.
It would be unfair and untrue to call this new system a super-state,
for it is nothing of the sort; but it would be in a sense untrue also
to say that this new system is merely a development of the Covenant
itself; it is the sort of change that one might call a development if
it had taken two or three generations or a century to bring it about;
but not properly to be called a development when it all comes at once.
The natural conclusion to be reached is that such a complete change
cannot be realized at this time, and that is the sound conclusion.
That a system of law should be built up governing the international
relations of the States of the world, by which their differences should
be adjusted by the orderly processes of legality, excluding as a method
of adjustment the chaos of war, may be admitted. Thus far, the changes
proposed by the Protocol of Geneva are desirable; the question is
merely as to the length to which the countries of the world are willing
to go in {109} this direction at this time; and I include as a part of
this development, the outlawry of war, the agreement that war is not to
be resorted to by any State, that it should disappear from
international relations, except in so far as force must necessarily
remain as defence.
It is to be hoped that this part of the Protocol may stand; and it must
be admitted that there is inherently and _ipso facto_ to some extent a
consecration of the legality of the _status quo_ by the outlawry of war
and by peaceful settlement of disputes by legal means.
Public-domain text, read in full here on John Shaqi.
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