This paragraph gave rise to a difference of opinion as to what States
are entitled to sit on the Council when it considered questions arising
under Article 213 of the Treaty of Versailles and similar Articles in
the other Peace Treaties relating to the investigations by the Council
of the armaments of Germany and other countries. When the question
came up, the Council took the opinion of Jurists on it and reached a
common sense result.[1] Under a general clause giving jurisdiction to
the Court in all matters of interpretation,[2] it would seem that any
Member of the League could require a question as to the composition of
the Council on a particular occasion to be decided by the Court before
the Council could meet. It is obvious that any such method of
regulating procedure would give rise to impossibilities which should be
avoided.
[1] See League of Nations Official Journal, July, 1924, p. 922 and Cmd.
2287 (Miscellaneous No. 20, 1924), p. 16.
[2] Many people suppose that the Supreme Court of the United States has
such general powers regarding our Constitution, but this is not so.
Read, for example, Article I, Section 5 of the Constitution; and see
Massachusetts _v._ Melton, 262 U. S., 447.
{106}
CHAPTER XX.
THE "AMENDED" COVENANT.
I trust that no one appreciates better than myself that examination of
a document bit by bit and piece by piece tends to blind the vision.
One sees the trees and not the forest. Worse than that, one gets a
false vision, a picture, if I may change the metaphor, of the buttons
on the coat but not of the man wearing the coat and still less of the
soul within the man.
A critical examination of an international legal document leads to a
discussion of trivialities and to hypotheses of almost impossible
possibilities. Of course it is true that the carrying out of a great
international agreement in the light of the facts and conditions of
international life as they arise does not proceed along the technical
lines that I have followed, but rather along those lines of policy
which really control international action. I do not mean necessarily
selfish policy, but policy in the larger sense of decisions based upon
the best judgment of those in power for the time being.
What really ought to be done in studying any proposal such as the
Protocol of Geneva, is to realize, if possible, the ultimate purpose of
the document and to visualize, so far as we can, what would happen if
it came into force, not so much what _might_ happen under a particular
phrase, but how the international relations of the world would proceed
if the whole agreement were a reality.