The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
The Century Dictionary also gives the following quotation as an
instance from Lowe's Life of Bismarck:
"He (Napoleon) in a fit of irresolution broached in Berlin the
question of mutual disarmament."
[3] See, for example, the preamble to the Military, Naval and Air
Clauses of the Treaty of Versailles: "In order to render possible the
initiation of a general limitation of the armaments of all nations,
Germany undertakes strictly to observe the military, naval and air
clauses which follow."
[4] The Treaty of Lausanne (A. J. I. L., Vol. XVIII, Supp., pp. 58, 64)
with its provisions for demilitarized zones, etc., and the Convention
for the Limitation of Armaments in Central America of February 7, 1923
(A. J. I. L., Vol. XVII, Supp. 1923, pp. 114, _et seq._), are to be
noted in this regard.
[5] For the text in French and English, see Annex B, p. 132.
[6] Sixteen States have signed the Protocol and it has been ratified by
Czechoslovakia.
[7] See Report to the Fifth Assembly, Annex C, p. 156, at p. 164. This
Report of MM. Benes and Politis is a notable document, worthy of the
ability and learning of the two Rapporteurs.
[8] It is herein generally called "the Protocol."
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CHAPTER II.
POINTS OF APPROACH.
There are various possible points of approach to the consideration of
the Protocol of Geneva. In view of the importance of the document,
doubtless all such methods are useful. Indeed, in the discussion of
such a paper, it is perhaps hardly possible exclusively to adopt only
one angle of view, such as the historical, the political, etc. My own
consideration of the paper, however, is to be primarily from the legal
viewpoint; without attempting wholly to avoid other points of view I
shall seek not to stress them.
The Protocol is an elaborate and technical international document; and
even in attempting to consider it primarily from the legal viewpoint
there are various methods or arrangements of such a discussion. The
general starting point which seems to me to be most desirable is that
of the legal effect of the Protocol upon the international relations of
the States which become parties to it, both as among themselves and as
to States not parties.
It will of course in this connection be necessary to consider the
obligations fixed by the Protocol in the event of its breach, as well
as those which are imposed by its acceptance and performance. These
latter may, however, very properly be first considered.
Accordingly, the first discussion will relate to the obligations of the
States which become parties to the Protocol as among themselves,
particularly in connection with the due performance of these
obligations by those parties.
Before coming to this first discussion, however, there are certain
general observations which may be made.