The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
42. Consideration of these proposals and of those contained in two
other schemes submitted led to long discussions in the Committee.
These discussions served mainly to bring into relief the different
schools of thought. One favoured the widest possible extension of the
jurisdiction of the Permanent Court, even into the field of disputes of
a political nature; the other held that the Court's jurisdiction should
be rigidly limited to disputes of a legal character, while a
far-reaching system of arbitration should be established to deal with
political disputes. Strong disinclination was shown towards any
increase in the existing powers of the Council. On the other hand, it
was made clear that no decrease of those powers would be tolerated. On
one side it was urged that the Council, when acting as an arbitral
body, should make its decisions by a majority vote; on the other,
strong exception was taken to any departure from the unanimity rule.
As regards the application of sanctions, one group held that mere
refusal to arbitrate or failure to carry out an award should justify
their application. Another contended equally strongly that sanctions
should only be applied when such refusal or failure was accompanied by
a resort to war. The extent to which war was legitimate under the
Covenant in cases relating to domestic jurisdiction was very fully
discussed. The net result was a unanimous agreement to leave paragraph
8 of article 15 untouched.
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43. As regards the filling of the gap in article 15 of the Covenant,
little progress was made. On the 19th September, therefore, the
British representative submitted a scheme to the sub-committee, in
which he had endeavoured to meet the differences of opinion which had
been expressed. This scheme provided for the acceptance as compulsory
of the jurisdiction of the Permanent Court in the cases covered by
article 36, paragraph 2, of the Statute of the Court, with such
reserves as may be consistent therewith. Its main object was, however,
the amendment of the Covenant on the lines of the following text:--
"The undersigned will support the introduction of amendments to
article 15 of the Covenant for the purpose of amplifying paragraphs
4, 5, 6 and 7 of that article on the following lines:--
"If the dispute submitted to the Council is not settled by it as
provided in paragraph 3, the Council shall endeavour to persuade
the parties to submit the dispute to judicial settlement or
arbitration.
"If the parties cannot agree to do so, the Council shall again
take the dispute under consideration, and, if it reaches a report
which is unanimously agreed to by the Members thereof other than
the representatives of the parties to the dispute, the Members of
the League agree to accept the recommendations contained in the
report.