The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
There is indeed one question which suggests itself to the mind under
Article 17 of the Covenant concerning a dispute between two non-Members
of the League. Suppose they should be both invited for the purpose of
settling the dispute to become members _ad hoc_, and one of them
accepted the invitation and the other refused, would the dispute then
be considered as being a dispute between a Member and a non-Member?
The real answer to this question probably is that on issuing the
invitation the Council would make it a condition that both parties to
the dispute should accept it. The legal answer as to the possibility
of the case supposed is a matter of some doubt. I incline to the view
that the invitation contemplated by Article 17 of the Covenant in a
case when the dispute is between two non-Members, is a joint invitation
and a joint invitation only. I do not think that it is intended that a
non-Member of the League may temporarily seek the protection and
guarantees of the Covenant against another non-Member.
{88}
However, the question is of interest only from the point of view of the
meaning of language; if the possibility should arise, it would
doubtless be taken care of by the Council.
Another and also comparatively unimportant point may be here noticed
and that is in regard to the relations between the signatories to the
Protocol and the Members of the League not signatory thereto, another
phase of the temporary situation heretofore considered. As to this, it
may be said very briefly that such relations would continue to be
governed wholly by the Covenant. The Members of the League which do
not ratify the Protocol could not during this temporary period be
regarded as being in any way affected by what, as to them, would be in
the nature of proposed amendments to the text of the Covenant itself.
These non-Signatories of the Protocol would therefore continue to look
only to the Covenant for the regulation of their relations with any
Member of the League. The Protocol does not contemplate a League
within a League; it simply contemplates, during this temporary phase, a
situation where certain Members of the League had assumed certain
obligations without any constraint or effect whatever upon such Members
as might not choose to assume them.
The really vital question is as to the effect of the Protocol and of
the Covenant upon non-Members of the League in their relations with
Signatories to the Protocol.
Even assuming that the plans now proposed for the admission of Germany
to the League are carried out, there will remain for a considerable
period two Great Powers, the United States and Russia, outside the
League; and there are two other States of occasional international
importance, the admission of which to the League is not, so far as I
know, presently contemplated, these being Mexico and Egypt.