_Second case of Compulsory Arbitration_.--If the Council does not
arrive at a unanimous decision, it has to submit the dispute {179} to
the judgment of a Committee of Arbitrators, but this time, owing to the
parties being deemed to have handed their case over to the Council, the
organisation of the arbitration procedure is taken entirely out of
their hands. It will be for the Council to settle all the details, the
composition, the powers and the procedure of the Committee of
Arbitrators. The Council is of course at liberty to hear the parties
and even to invite suggestions from them, but it is under no obligation
to do so. The only regulation with which it must comply is that, in
the choice of arbitrators, it must bear in mind the guarantees of
competence and impartiality which, by their nationality, their personal
character and their experience, these arbitrators must always furnish.
_Article 4. paragraph 6._
_Effect of, and Sanction enforcing, Decisions_.--Failing a friendly
arrangement, we are, thanks to the system adopted, in all cases certain
of arriving at a final solution of a dispute, whether in the form of a
decree of the Permanent Court of International Justice or in the form
of an arbitral award or, lastly, in the form of a unanimous decision of
the Council.
To this solution the parties are compelled to submit. They must put it
into execution or comply with it in good faith.
If they do not do so, they are breaking an engagement entered into
towards the other signatories of the Protocol, and this breach involves
consequences and sanctions according to the degree of gravity of the
case.
If the recalcitrant party confines itself to offering passive
resistance to the solution arrived at, it will first be the object of
pacific pressure from the Council, which must exercise all its
influence to persuade it to respect its engagements. If the Council is
unsuccessful, it must propose measures calculated to ensure effect
being given to the decision.
On this point the Protocol has been guided solely by the regulation
contained at the end of Article 13 of the Covenant. The {180} Council
may thus institute against the recalcitrant party collective sanctions
of an economic and financial order. It is to be supposed that such
sanctions will prove sufficient. It has not appeared possible to go
further and to employ force against a State which is not itself
resorting to force. The party in favour of which the decision has been
given might, however, employ force against the recalcitrant party if
authorised to do so by the Council.
But if the State against which the decision has been given takes up
arms in resistance thereto, thereby becoming an aggressor against the
combined signatories, it deserves even the severe sanctions provided in
Article 16 of the Covenant, interpreted in the manner indicated in the
present Protocol.