Now a definite halt at this position is intelligible and defensible.
While binding by strict sanctions the States to submit all disputes to
the pacific machinery that is provided, to await the conclusion of the
arbitral and conciliatory processes, and even to accept the legal awards
of arbitration, it leaves a complete formal freedom to refuse the
recommendations of the Commission of Conciliation. Yet it must be borne
in mind that most of the really dangerous disputes, involving likelihood
of war, are not arbitrable in their nature, and will come before the
Commission of Conciliation. If no provision is made for enforcing the
acceptance of the recommendations of this body, what measure of real
security for peace has been attained? An incendiary torch, like that
kindled last year in the Balkans, may once again put Europe in flames.
The defenders of the position we are now considering have three replies.
They admit that their proposal still leaves open the possibility of war,
but they contend that if a sufficient cooling-off time or 'moratorium'
is secured, the likelihood of an ultimate recourse to war by rejection
of the award will be reduced to a minimum. They urge that no scheme
which can be devised will preclude the possibility of a strong criminal
or reckless State violating its treaty obligations and seeking to
enforce its will by force. Finally they urge that many self-respecting
States would refuse to abandon the ultimate right of declaring war, in
cases where they deemed their vital interests were affected, and that
any invitation to take this step might wreck the possibility of a less
complete but very valuable arrangement.
Public-domain text, read in full here on John Shaqi.
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