61. In the opinion of the British Empire Delegation these amendments
conferred no new powers or functions on either the Council or the
Assembly. They merely served to make clear the relationship between
paragraph 8 of article 15 and article 11 of the Covenant. Article 11
of the Covenant only operates in time of war or threat of war, and it
confers no right on the Council or the Assembly to impose a solution of
a dispute without the consent of the parties. The Council or the
Assembly may mediate and conciliate, but they cannot make
recommendations which are binding under paragraph 6 of article 15 of
the Covenant. When these amendments were adopted at the final plenary
meeting of the First Committee on the 30th September, the British
representative made a statement on the above lines. This
interpretation proved generally acceptable, and it was agreed to
incorporate it in the report to be submitted to the Assembly.
62. At the final plenary meeting of the First Committee the British
representative drew attention to the difficulty in which many
Delegations were placed, in that they had had no {244} opportunity to
consult their Governments in regard to these amendments. The
Delegations of Australia and several other countries thereupon stated
that, though they accepted the texts, they could not commit their
Governments in any way.
_Article 6._
63. Article 6. When the system of compulsory arbitration, contained in
article 4, had been established, the British representative pointed out
that under paragraphs 9 and 10 of article 15 of the Covenant a dispute
might still be referred to the Assembly. Article 6 was therefore
drafted to ensure that the provisions referring to the actions and
powers of the Council should apply to the Assembly under the new
system. After considerable discussion it was decided to reserve
questions of procedure to the Council as being a more suitable body.
_Article 10._