The new procedure should be adapted to the old one, which gave the
Assembly the same powers as the Council when a dispute is brought
before it, either by the Council itself or at the request of one of the
parties.
The question has arisen whether the system of maintaining in the new
procedure this equality of powers between the two organs of the League
of Nations is a practical one. Some were of opinion that it would be
better to exclude intervention by the Assembly. Finally, however, the
opposite opinion prevailed; an appeal to the Assembly may, indeed, have
an important influence from the point of view of public opinion.
Without going so far as to assign to the Assembly the same rôle as to
the Council, it has been decided to adopt a mixed system by which the
Assembly is, in principle, substituted for the Council in order that,
when a dispute is referred to it in conformity with paragraph 9 of
Article 15 of the Covenant, it may undertake, in the place of the
Council, the various duties provided for in Article 4 of the present
Protocol with the exception of purely executive acts which will always
devolve upon the Council. For example, the organisation and management
of compulsory arbitration, or the transmission of a question to the
Permanent Court of International Justice, must always be entrusted to
the Council, because, in practice, the latter is the only body
qualified for such purposes.
The possible intervention of the Assembly does not affect in any way
the final result of the new procedure. If the Assembly does not
succeed in conciliating the parties and if one of them so requests,
compulsory arbitration will be arranged by the Council in accordance
with the rules laid down beforehand.
If none of the parties asks for arbitration, the matter is referred
back to the Assembly, and if the solution recommended {183} by the
Assembly obtains the majority required under paragraph 10 of Article 15
of the Covenant, it has the same value as a unanimous decision of the
Council.
Lastly, if the necessary majority is not obtained, the dispute is
submitted to a compulsory arbitration organised by the Council.
In any event, as in the case where the Council alone intervenes, a
definitive and binding solution of the dispute is reached.
7.--DOMESTIC JURISDICTION OF STATES.
_Article 5._
The present Protocol in no way derogates from the rule of Article 15,
paragraph 8, of the Covenant, which protects national sovereignty.
In order that there might be no doubt on this point, it appeared
advisable to say so expressly.
Before the Council, whatever be the stage in the procedure set up by
the Protocol at which the Council intervenes, the provision referred to
applies without any modification.