37. The work on which the sub-committee was engaged was intimately
related to the questions of security and disarmament with which the
Third Committee was dealing. On the 16th September, Dr. Benes,
chairman of the sub-committee of the Third Committee, who had been in
close touch with the British and French Delegations, produced a draft
Protocol covering the whole ground, in which he had attempted to
reconcile opposing points of view and which was intended to serve as a
basis for discussion. Articles 1, 2, 3 and 5 of this draft Protocol
concerned the First Committee and were referred to the sub-committee.
They may be summarised as follows:--
38. _Article_ 1.--The signatories recognise the jurisdiction of the
Permanent Court of International Justice as compulsory, "subject to the
following reserves":--
39. _Article_ 2.--The signatories undertake to submit all disputes, not
covered by articles 12, 13 and 15 of the Covenant, to the Council of
the League, subject to an express reserve as to the right given
exclusively to the Assembly in article 19 of the Covenant, whereby the
Assembly alone is entitled to advise the reconsideration of existing
treaties. The Council in such cases to act as an arbitration tribunal
and to decide by a majority vote. Pending an examination of the
dispute the Council may, by a majority, define measures to be taken by
the parties to avert or put an end to armed conflict. Similarly, the
Council may, in case of imminent danger, call upon the parties to
discontinue any measure likely to cause the dispute to become more
acute.
40. _Article_ 3.--The procedure laid down in article 2 to apply to the
Permanent Court in cases concerning the competence of that Court.
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41. _Article_ 5.--Any signatory which does not submit its disputes to
the methods of pacific settlement indicated above, or which does not
comply with the provisional measures referred to in article 2, or which
does not carry out an award of a duly qualified arbitral body, shall,
if these acts of non-compliance are likely to disturb the peace of the
world, be declared to be an aggressor and outlawed, the declaration to
be made by the Permanent Court or by the Council acting, if need be, by
a majority. When this declaration has been made, the Council is to
call on Members of the League to put into operation the sanctions
contained in article 7.