46. Throughout this period, however, the negotiations had been carried
on entirely in the sub-committee in secret sessions. Although the
closest possible touch had been kept by the British Delegation with the
Dominion and Indian Delegations, the British representative felt
himself to be in a position {238} of great responsibility in carrying
on the work in the sub-committee. He felt that a stage had been
reached where a wider consultation was necessary, as, with the
exception of the Attorney-General of the Irish Free State, who was
unfortunately obliged to return to Ireland about this date, he was the
only British member. He proposed, therefore, that the work of the
sub-committee should be reported to the full Committee on which all the
Dominion and Indian Delegations were represented. The full Committee
thereupon met on the 24th September, and then and at further meetings
held on the 25th, 26th, 27th and 28th September, the articles of the
Protocol were fully discussed in public sessions. The articles of the
Protocol under consideration thus took their shape in the
sub-committee, they were then submitted to the Joint Drafting Committee
representing the First and Third Committees, and were then finally
approved after public discussions in Committee No. 1. Here, then, it
will be convenient to deal with the purpose and evolution of each
article separately.
_The Preamble._
47. The draft of the Preamble, as revised by the Joint Drafting
Committee of the First and Third Committees, was adopted at a plenary
session of the First Committee on the 27th September. The Lithuanian
Delegate made a reservation that the reference to territorial security
in no way prejudiced existing disputes between States signing the
Protocol. The Portuguese Delegate proposed an amendment to substitute
for the word "territories" in the first sentence, the phrase
"territories under the sovereignty of States." The object was to make
it clear that oversea territories under the sovereignty of a State were
not excluded, but the British representative reminded the committee of
the nature of the varied character of the territories of the British
Empire, and said that if one class of oversea territories were
mentioned, all must be mentioned. The amendment was rejected.
{239}
_Article 1._
48. Article 1 was designed to ensure that the universality of the
League should be maintained even if the Protocol comes into force. For
a while there must no doubt be a dual régime. States signatory to the
Protocol will be bound by its terms, and the régime of the Covenant
will continue to exist and to be binding upon States members of the
League. This will, however, not last, as the principal provisions of
the Protocol will be transformed into amendments to the Covenant.
_Article 2._