The above indicated solution of the case of States non-signatory but
Members of the League of Nations appears to be so obvious as to require
no special mention in the Protocol. A proposal to make a special
mention of the matter was made, but after explanations had been given,
the authors withdrew their suggestion, declaring that they would be
satisfied with the above reference to the subject.
At first sight the difference in the way it is proposed to treat
non-signatories non-Members of the League of Nations and
non-signatories Members of the League may cause some surprise, for it
would seem that the signatory States impose greater obligations on the
first category than on the second. This, however, is only an
appearance. In reality, the signatory States impose no obligations on
either category. They cannot do so because the present Protocol is
_res inter alias acta_ for all non-signatory States, whether they are
Members of the League of Nations or not. The signatories merely
undertake obligations as between themselves as to the manner in which
they will behave if one of them becomes involved in a conflict with a
third State. But whereas, in possible conflicts with a State
non-signatory and non-Member of the League, they are entirely free to
take such action as they choose, in conflicts which may arise between
them and States non-signatory but Members, like themselves, of the
League of Nations, their freedom of action is to some extent
circumscribed because both parties are bound by legal obligations
arising under the Covenant.
{194}
2.--WORK OF THE THIRD COMMITTEE.
(_Rapporteur_: M. BENES)
SECURITY AND REDUCTION OF ARMAMENTS.
(_Articles 7 to 9, 11 to 15, 17 and 21 of the Protocol_)
1.--INTRODUCTION.
The special work of the Third Committee was to deal with the problem of
security (sanctions) and the reduction of armaments.
The work required, above all, important political negotiations. While
the question of arbitration only required one political decision of
principle, namely, the acceptance of compulsory arbitration, and the
remainder was principally a matter of drafting--without question an
extremely difficult task--of a scheme for the application of such
arbitration, the questions of security and disarmament necessitated
long and laborious political negotiations; for they involved
fundamental interests, questions of vital importance to the States,
engagements so far-reaching as radically to change the general
situation of the various countries.