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traveling expenses of the delegates and advisers in attending meetings of the Conference or Governing Body: The Assembly is, however, “of the opinion that the application of the Universal Postal Union system to the budget of the League gave rise to certain injustices" and it proposes that the above quoted paragraph of Article 6 of the Covenant be replaced by the following: “The expenses of the League shall be borne by the Members of the League in the proportion decided by the Assembly"; and a revised allocation has been made by the Assembly which it proposes as an amendment to the Annex to the Covenant. The Assembly further proposes to add a new paragraph to Article 6 providing that "the allocation of the expenses of the League set out on Annex 3 shall be applied as from January 1,
922 until a revised allocation has come into force after adoption by the Assembly.”
A memorandum by the Secretary-General of the League, dated November 15, 1921, explains that:
The Second Assembly, on October 3rd, 1921, unanimously passed the budget of the League of Nations for the fourth fiscal period (1922), which provides 14,738,335 gold francs for general League purposes and 6,135,610 gold francs for the International Labour Organisation. The total sum to be apportioned among the States Members of the League amounts, therefore, to 20,873,945 gold francs.
Previous contributions have, in accordance with Article 6 of the Covenant, been reckoned according to the apportionment of the expenses of the International Bureau of the Universal Postal Union, and this system, until the amendment proposed by the Second As
sembly has been ratified, necessarily continues in force. The table on page 265 shows the apportionment of the budget of the League, for the fiscal period 1922, among the Members of the League on the basis of the new schedule adopted by the Assembly. For purposes of comparison we insert an additional column showing the apportionment of the same budget according to the old schedule, that is, on the basis of the apportionment of the Universal Postal Union, as now provided in the Covenant.
The next three amendments proposed by the Assembly are made necessary by the establishment of the Permanent Court of International Justice under Article 14 of the Covenant. It has been known from the beginning by some of those who were present at Paris that judicial settlement of international disputes formed no part of the plans of the originators and sponsors of the League. The Covenant centers around political, not legal, action. A reading of the Covenant discloses that Article 14, which provides for the establishment of the Permanent Court of International Justice, was not within the contemplation of the framers when the other articles of the Covenant were drawn.
• Art. 399 of the Peace Treaty with Germany, Supplement to this Journal, Vol. 13, 1919, p. 365, and Art. 327 of the Peace Treaty with Hungary, ibid., Vol. 15, 1921, p. 137.
• League of Nations Official Journal, January, 1922, p. 32.
Allocation of the expenses of the League
Unit of Calculation.
only with arbitration and defines as “suitable for submission to arbitration” the identical classes of cases which have not been recognized in the Statute for the Permanent Court of International Justice as coming within the jurisdiction of that Court. Article 13 specifies the court which shall consider such legal disputes, not, however, pointing to the Permanent Court of International Justice, but by providing that "the court of arbitration to which the case is referred shall be the court agreed on by the parties to the dispute or stipulated in any convention between them,” thereby entirely ignoring the existence of the Permanent Court of International Justice provided for in Article 14 inserted immediately thereafter.
Article 15, which immediately follows the Article providing for the Permanent Court of International Justice, also plainly ignores that tribunal. It provides that “if there should arise between the members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13, the members of the League agree that they will submit the matter to the Council."
Article 16 also continues to ignore resort to the Permanent Court of International Justice. Its opening sentence reads: "Should any member of the League resort to war in disregard of its covenants under Articles 12, 13, or 15, it shall ipso facto be deemed to have committed an act of war against all the other members of the League, etc.", thus again omitting mention of Article 14.
The creation of the Permanent Court of International Justice is, in the words of Sir Eric Drummond, Secretary-General of the League, “clearly the greatest and will, I believe, be the most important creative act of the League. At last a judicial body is established which is entirely free from all political control and entirely unfettered as to its decisions by political bodies. Although it derives its authority from the League, its judgments are in no way subject to advice or revision by the Council or by the Assembly." But, owing to the circumstances above set forth under which the provision for the Court was inserted in the Covenant of the League, it is now naturally necessary to recognize the Court in articles other than Article 14 in order, so to speak, to legalize the adoption of the foster child and make the Court the judicial organ of the League. The Assembly, therefore, proposes to modify Articles 12, 13 and 15 as follows (the amendments being inserted in italic):
ARTICLE 12 The Members of the League agree that, if there should arise between them any dispute likely to lead to a rupture they will submit the matter either to arbitration or judicial settlement or to enquiry by the Council and they agree in no case to resort to war until three months after the award by the arbitrators or the judicial decision, or the report by the Council.
Monthly Summary of the League of Nations, February, 1922, p. 27.
In any case under this Article the award of the arbitrators or the judicial decision shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute."
ARTICLE 13 The Members of the League agree that, whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration or judicial settlement, and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject matter to arbitration or judicial settlement.
Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which, if established, would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement.
For the consideration of any such dispute, the court to which the case is referred shall be the Permanent Court of International Justice, established in accordance with Article 14, or any tribunal agreed on by the parties to the dispute or stipulated in any convention existing between them.
The Members of the League agree that they will carry out in full good faith any award or decision that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award or decision, the Council shall propose what steps should be taken to give effect thereto.
If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or judicial settlement in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof.
Anent the antecedents of the Permanent Court of International Justice and the origin of the provision for it in the Covenant of the League of Nations, the following extract from an address delivered by Senator Cosme de la Torriente before the Cuban Society of International Law, at Havana, on March 1, 1922, is of timely interest:
I would not be fully discharging my duty-a duty which I have gladly accepted-of addressing you this evening if I did not dwell, although
very briefly, upon the origin of the Permanent Court and the law upon * This paragraph is inserted in lieu of the original paragraph which read:
“For the consideration of any such dispute the court of arbitration to which the case is referred, shall be the court agreed on by the parties to the dispute or stipulated in any convention between them.”
which it is founded. I must confine my remarks upon this subject to a narrow compass because there is here a number of distinguished members of our Society who will surely discourse, in the coming sessions, upon the organization and functioning of the said tribunal.
The Hague Conferences of 1899 and 1907 drew up a convention for the pacific settlement of international disputes, and created, at the same time, the so-called Permanent Court of Arbitration. The members of this court are not to exceed four in number for each of the signatory and adhering Powers to the convention, and with the names of the members thus chosen, a list is made from which the parties in controversy select the judges who are to compose the court for the decision of the question or questions which the parties have agreed to submit to arbitration.
At the time of the Hague Conference of 1907, the necessity was felt of creating a really permanent court of arbitral justice which should be composed of a limited number of judges, whose decisions should be grounded upon the rules and principles of international law and treaties. The American Delegation to the Conference of 1907, following the instructions of the Secretary of State, Elihu Root, proposed the creation of a Court of Arbitral Justice, and the Conference recommended to the signatory Powers of the Final Act the adoption of a draft convention which was to be put into force as soon as an agreement could be had upon the manner of selecting the judges and the composition of the court.
At the time of the meeting of the Naval Conference of London, in the latter part of 1908 and beginning of 1909, the American Secretary of State, then Mr. Robert Bacon, endeavored, through the American Delegation, to have the Powers concerned examine, for a second time, the creation of the Court of Arbitral Justice, and in March, 1909, he addressed, upon this matter, the Powers represented in the said Conference. In October of the same year, Philander C. Knox, who succeeded Mr. Bacon as Secretary of State, insisted again on the recommendation, so that some of the said Powers began to consider the subject, and when the administration of President Taft was ended, the Secretary had in mind the sending of a commissioner to Europe for the purpose of bringing about the creation of the court by some of the Powers already interested in the plan.
At the beginning of 1914, Mr. Loudon, Minister for Foreign Relations of The Netherlands, upon suggestion of an eminent American international lawyer, who, from his office in the Department of State at Washington, had been the principal instrumentality in the abovementioned activities, proposed to the great Powers the plan prepared by the latter for the creation of the Court of Arbitral Justice. The great war which broke out soon afterwards as a consequence of the attitude of Austria-Hungary against Serbia and upon the occasion of the assassination of the heir apparent to that Monarchy, which took place at Serajevo, put a sudden stop to and paralyzed all these activities. It may be said, perhaps, that had the Court been already in existence at that time, it is possible that such a disastrous struggle might have been spared and prevented.
When in the fall of 1918, after the Central Empires of Europe had met with disaster and the armistice had been signed, all those who looked with approval to the creation of the court began to work with renewed vigor in order to attain their purpose, and from January 18, 1919, the date on which the Conference of the Allied and Associated Powers be