The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
28. The British Delegation commenced their labours by considering the
second of these two tasks, as it was a British suggestion emanating
from the Prime Minister himself. The question of the acceptance by His
Majesty's Government of the principle of compulsory arbitration for
legal disputes, as provided in the optional clause referred to in
article 36, paragraph 2, of the Statute establishing the Permanent
Court of International Justice, had been examined in London before the
meeting of the Assembly. This examination had shown so clearly the
difficulties which might arise in connection with disputes with neutral
Powers arising out of British naval action in time of war, that the
limitation of the acceptance by his Majesty's Government of the
optional clause by the exclusion of disputes arising out of British
belligerent action at sea was suggested. To achieve this it was
proposed that His Majesty's Government {231} should make a reservation
as to disputes arising out of action taken in conformity with the
Covenant, or at the request, or with the approval, of the Council of
the League.
29. The suggestion was accepted by the British Delegation. As however,
the question was clearly one which affected the Empire as a whole, the
Dominion and Indian Delegations were especially consulted in regard to
it. The position as it appeared to the British Delegation was fully
explained to them, and it was understood that they would telegraph to
their respective Governments, making clear the nature of the
reservation proposed.