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
Keeping in view the special form of mediation recommended by Article 8
of the Hague Convention concerning the Pacific Settlement of
International Disputes and the stipulations of the Bryan Peace Treaties
concerning Permanent International Commissions, we can reach a
satisfactory solution of the problem of International Mediation if we
take into consideration the two reasons why a League of Nations must
stipulate the compulsion of its members to bring non-justiciable
disputes before a Council of Conciliation previous to resorting to
hostilities. These reasons are, firstly, that war in future shall not be
declared without a previous attempt to have the dispute peaceably
settled, and, secondly, that war in future shall not break out like a
bolt from the blue.
XI. My proposal concerning International Councils of Conciliation is the
following:
Every member of the League shall appoint for a term of years--say five
or ten--two conciliators and two deputy conciliators from among their
own subjects, and one conciliator and one deputy conciliator from among
the subjects of some other State. Now when a non-justiciable dispute
arises between two States which has not been settled by diplomatic
means, the three conciliators of each party in dispute shall meet to
investigate the matter, to report thereon, and to propose, if possible,
a settlement.
According to this proposal there would be in existence a number of
Councils of Conciliation equal to half the number of the members of the
League. Whenever a dispute arises, the Permanent Council of
Conciliation--with which I shall deal presently--shall appoint a
Chairman from amongst its own members. The Council thus constituted
shall investigate the case, report on it, send a copy to each party in
dispute and to the Permanent Council of Conciliation.
The _Permanent_ Council of Conciliation should be a _small_ Council to
be established by each of the Great Powers appointing one conciliator
and one deputy conciliator for a period of--say--five or ten years. The
reason why only the Great Powers should be represented in the Permanent
Council of Conciliation at the Hague is that naturally, in case coercion
is to be resorted to against a State which begins war without having
previously submitted the dispute to a Council of Conciliation, the Great
Powers will be chiefly concerned. This Permanent Council of Conciliation
would have to watch the political life of the members of the League and
communicate with all the Governments of the members in case the peace of
the world were endangered by the attitude of one of the members; for
instance by one or more of the members arming excessively. The Council
would likewise be competent to draw the attention of States involved in
a dispute to the fact that they ought to bring it before either the
International Court of Justice or their special Council of Conciliation.
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