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World Organization

Published online by Cambridge University Press:  27 February 2017

John J. Parker*
Affiliation:
U. S. Circuit of Appeals for the Fourth Circuit

Abstract

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Type
First Session
Copyright
Copyright © American Society of International Law 1944

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References

1 The heart of the League is to be found in Articles 10, 11 (1), 12 (1), 13 (1) and 16 (1), (2) and (3), which are as follows:

X

“ The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

XI

“ 1. Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary-General shall on the request of any Member of the League forthwith summon a meeting of the Council.

XII

“ 1. 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.

XIII

“ 1. The Members of the League agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration or judicial settlement, and which cannot be satisfactorily settled by diplomacy, they will submit the whole subjectmatter to arbitration or judicial settlement.

XVI

“ 1. 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 other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenant-breaking State, and the prevention of all financial, commercial or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not. “ 2. It shall be the duty of the Council in such a case to recommend to the several Governments concerned what effective military, naval or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.

“ 3. The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimize the lass and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through their territory to the forces of any o f the Members of the League which are co-operating to protect the covenants of the League.”

2 Fifteen nations have given assent to compulsory jurisdiction pursuant to provisions of the court Statute.

3 “Fate of Mighty Nations,”Fortune Magazine, May, 1943.