The League of Nations and Its Problems: Three LecturesOppenheim, L. (Lassa)
History
The League of Nations and Its Problems: Three Lectures
Oppenheim, L. (Lassa)
League of Nations
IX. The other point which I desire to mention before I leave the subject
of International Administration of Justice concerns the notorious
principle _conventio omnis intelligitur rebus sic stantibus_. You know
that almost all publicists and also almost all Governments assert the
existence of a customary rule according to which a vital change of
circumstances after ratification of a treaty may be of such a kind as to
justify a party in demanding to be released either from the whole treaty
or from certain obligations stipulated in it. But the meaning of the
term 'vital change of circumstances' is elastic, and there is therefore
great danger that the principle _conventio omnis intelligitur rebus sic
stantibus_ will be abused for the purpose of hiding the violation of
treaties behind the shield of law. This danger will remain so long as
there is no International Court in existence which, on the motion of one
of the contracting parties, could set aside the treaty obligation whose
fulfilment has become so oppressive that in justice the obliged party
might ask to be released. Now, as the League of Nations is to set up an
International Court of Justice, my proposal is that the Court should be
declared competent to give judgment on the claim of a party to a treaty
to be released from its obligations on account of vital change of
circumstances. Of course the case would go before that Bench of the
Court which is to serve as the Court of First Instance, and an appeal
would lie to the Permanent Bench which serves as the Court of Appeal.
X. Having given you the outlines of a scheme concerning International
Administration of Justice, I now turn to International Mediation by
International Councils of Conciliation.
For a satisfactory proposal concerning International Councils of
Conciliation two starting points offer themselves. One starting point is
the special form of mediation recommended by Article 8 of the Hague
Convention concerning the pacific settlement of international disputes.
The following is the text of this Article 8:
'The Signatory Powers are agreed in recommending the application,
when circumstances allow, of special mediation in the following
form:--
'In case of a serious difference endangering peace, the contending
States choose respectively a Power, to which they intrust the
mission of entering into direct communication with the Power chosen
on the other side, with the object of preventing the rupture of
pacific relations.
'For the period of this mandate, the term of which, in default of
agreement to the contrary, cannot exceed thirty days, the States at
variance cease from all direct communication on the subject of the
dispute, which is regarded as referred exclusively to the mediating
Powers. These Powers shall use their best efforts to settle the
dispute.
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