The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
It is obvious that when we have a situation where _any_ party to a
dispute may demand the appointment of an arbitral committee, the
Council of the League can only consider cases of dispute which all
parties thereto, _after_ the dispute has arisen, _unanimously_ agree
should be considered by the Council.
The reason why I attach the utmost significance to this change, in
connection with some other changes which are to be noticed, is that it
is a total departure in theory from the idea of the Covenant that
political disputes should be settled by a political body such as the
Council of the League of Nations. After all, that was the fundamental
idea of Article 15 of the Covenant, that the Council of the League
should lay hold of the dispute, at least to the extent of preventing
war from arising out of it. _The theory of the Protocol is that every
kind of international dispute should be settled either by a Court or by
arbitration, that the functions of the Council are those of mediation
and conciliation and that the Council is never to consider the merits
of the dispute unless the parties thereto at the time of the dispute
unanimously wish such consideration_. Even then, as we shall see, a
single dissent in the Council regarding the merits is sufficient to
render its consideration of no effect, and arbitration again comes into
play.
It should be pointed out here that if the dispute goes to a Committee
of Arbitrators at the request of one of the parties, any point of law
in dispute must be sent by the Committee of Arbitrators to the
Permanent Court of International Justice for an opinion.[8]
Now, let us proceed with the duties of the Council. If the dispute has
gone to arbitration, the functions of the Council are at an end; but if
no party "asks for arbitration,"[9] then and only {26} then the Council
takes up the consideration of the dispute. In this case, the Council
in fact becomes an arbitral board, _provided_ it can reach a unanimous
conclusion; but its deliberations and recommendations have no effect
whatever if it cannot reach a unanimous conclusion.
Under the present composition of the Council the arbitral tribunal
which it would become in such circumstances would be composed of from
eight to ten members. The Council itself would be a body of at least
ten members, possibly eleven, possibly twelve (if the dispute were
between two outside parties), but the votes of the disputants would not
be counted.