The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
In any condition of international affairs which it is possible to
visualize under the present State system, this must continue to be so.
The State system presupposes necessarily the existence of States. One
of the inherent conditions of the existence of a State is its right to
the possession of its own undisputed territory as against any other
State,[6] which does not mean, I mention in passing, as against a
revolutionary movement _within_ the State; that is another story. The
putting in question of this undisputed {17} right of one State to hold
its own territory as against another State would mean the putting in
question of the existing State order as a whole.
Further, while I have included domestic questions as a separate class
of questions in the above list, I think that logically many of them
fall within the thought of questions which concern the _status quo_. I
do not dispute that these domestic questions may at times have an
international aspect; but they are questions which each State has an
absolute right under law to regulate according to its own pleasure, and
it is for this reason that they fall within the class of cases which
are, in theory, not to be questioned internationally. Of course a
State may, if it chooses, negotiate regarding them, just as it may, if
it chooses, negotiate about the cession of part of its territory. But
it may also, if it chooses, so to speak end the negotiations by
refusing to commence them at all.
However, it is proper, none the less, to consider these domestic
questions as a separate group, for the reason that there is a
possibility of development toward their international consideration
within the present State system. I shall pursue that thought further a
little later.
[1] Those who framed the Protocol have a different opinion. See the
discussion, _supra_, p. 10, _et seq._
[2] _cf._ the expression in Article 34 of the Court Statute "States or
Members of the League of Nations."
[3] The exact position of the British Dominions within the League is
not yet wholly settled. See the recent British and Irish notes
regarding the Irish Treaty, London Times, December 16 and 24, 1924.
[4] See Treaty of Versailles, Article 87, third paragraph.
[5] Such as, perhaps, the idea of self determination, the economic
situation of the inhabitants, etc.
[6] See the Declaration of the Rights and Duties of Nations adopted by
the American Institute of International Law, specially Paragraph IV, A.
J. I. L., Vol. X, pp. 212, 213.
{18}
CHAPTER VI.
INTERNATIONAL DISPUTES.
So far as concerns disputes of an international nature, the Protocol,
taken in connection with the Covenant, provides for a final and binding
settlement of such disputes between Signatories to the Protocol in
every case whatsoever.
In order to determine the precise effect of the Protocol in this
regard, it is necessary first to examine the provisions of the Covenant.