The Geneva Protocol, by David Hunter Miller

More documents

Recommendations

Info

CHAPTER IV. 12 CHAPTER IV. PARTIES TO THE PROTOCOL. The theory of the framers of the Protocol of Geneva is that it may be signed and ratified by non-Members of the League of Nations as well as by Members of the League. Various words of the Protocol (e. g., Article 12) indicate this, the Report to the Assembly so states,[1] and the Resolution[2] of the Assembly recommending the Protocol for acceptance by the Members of the League of Nations specifically says that the Protocol shall be "open for signature by all other States" as well as by Members of the League. Now of course all this is conclusive as to the technical question as to whether a non-Member of the League of Nations may in fact sign the Protocol. Such a State may legally sign, because the other Parties to the Protocol invite such signature. And if any such State should sign, and ratify, it becomes a Party to the Protocol, regardless of logic. Nevertheless I submit that the whole idea of the possibility of Signatories to the Protocol who are non-Members of the League, is fundamentally contrary to the whole principle, spirit and terms of the Protocol itself. In the first place, the Protocol is intended as a development of the Covenant; the Protocol is meant to be a temporary paper; its provisions are to be merged in the Covenant itself by amendment of that Document. How then can a State become a party to this temporary and provisional paper if it is not a party to the permanent and definitive document? If we examine the detailed provisions of the Protocol, the logical conclusion is equally certain. Surely a non-Member of the League cannot really "make every effort" to secure "introduction into the Covenant of amendments" (Article 1). Is this a matter for non-Members of the League? {11} Article 3 of the Protocol contemplates that the Signatories thereto shall accede to the special protocol regarding the second paragraph of Article 36 of the Statute of the Permanent Court. But if we turn to the provisions regarding the Permanent Court we find that such States as Russia and Mexico and Egypt are not entitled to accede to that special protocol at all, before entering the League.[3] Accordingly, if any one of these three States, non-Members of the League, should sign and ratify the Protocol of Geneva, it could not legally carry out the engagements of Article 3 thereof. All the provisions of Articles 4 to 6 inclusive of the Protocol of Geneva relate to disputes between the Signatories and contemplate the possible submission of any such dispute to the Council or Assembly of the League of Nations. But such submission can take place only under the provisions of the Covenant; and under Article 17 of the Covenant a non-Member of the League may not come within the provisions of the Covenant except upon invitation by the Council and upon terms stated. Without going into further detail, I repeat that the obligations contemplated by the Protocol are, in theory, no more than interpretations, or future elaborations, of the obligations of the Covenant. It seems to me logically impossible to suppose that such interpretations or amplifications may be made applicable to States which are free from the obligations in their primary form. If this matter is looked at realistically and concretely we find that there is hardly any possibility of the Protocol of Geneva being signed by any State which is a non-Member of the League. The United States and
CHAPTER IV. 13 Russia will certainly not sign; the admission of Germany and Turkey to the League is contemplated. The only other States[4] of any international consequence outside the {12} League are Mexico and Egypt; and the likelihood of either of these two States becoming a party to the Protocol of Geneva is too remote for serious consideration. Accordingly, in the subsequent discussion, I shall assume that, whatever may be the legal possibilities, there is no real possibility of any State which is not a Member of the League of Nations becoming a party to the Protocol of Geneva. [1] Annex C, p. 156 at p. 167. [2] Annex D, p. 210 at p. 212. [3] Under the Resolution of the Council of May 17, 1922, any State may accept the jurisdiction of the Permanent Court by filing a declaration to that effect; but this is not the same thing as acceding to the Protocol of December 16, 1920. [4] See Membership in the League of Nations, by Manley O. Hudson, A. J. I. L., July, 1924. {13}
Page 1 and 2: The Geneva Protocol, by David Hunte
Page 3 and 4: The Geneva Protocol, by David Hunte
Page 5 and 6: CHAPTER I. 5 CHAPTER I. THE PROTOCO
Page 7 and 8: CHAPTER II. 7 CHAPTER II. POINTS OF
Page 9 and 10: CHAPTER III. 9 CHAPTER III. THE COM
Page 11: CHAPTER III. 11 Armaments to be dra
Page 15 and 16: CHAPTER V. 15 The first point to be
Page 17 and 18: CHAPTER VI. 17 CHAPTER VI. INTERNAT
Page 19 and 20: CHAPTER VI. 19 (a) The interpretati
Page 21 and 22: CHAPTER VI. 21 It should be pointed
Page 23 and 24: CHAPTER VII. 23 CHAPTER VII. THE ST
Page 25 and 26: CHAPTER VII. 25 As a preliminary, l
Page 27 and 28: CHAPTER VII. 27 shall not be change
Page 29 and 30: CHAPTER VII. 29 Of course some coun
Page 31 and 32: CHAPTER VII. 31 And it must not be
Page 33 and 34: CHAPTER VIII. 33 CHAPTER VIII. DOME
Page 35 and 36: CHAPTER IX. 35 CHAPTER IX. COVENANT
Page 37 and 38: CHAPTER IX. 37 [2] Annex C, p. 180;
Page 39 and 40: CHAPTER X. 39 The view of the Repor
Page 41 and 42: CHAPTER X. 41 Here again, however,
Page 43 and 44: CHAPTER X. 43 [8] September 5, 1924
Page 45 and 46: CHAPTER XI. 45 "If the question is
Page 47 and 48: CHAPTER XI. 47 meaning and result.
Page 49 and 50: CHAPTER XII. 49 CHAPTER XII. SANCTI
Page 51 and 52: CHAPTER XII. 51 Now what Article 11
Page 53 and 54: CHAPTER XII. 53 the mutually suppor
Page 55 and 56: CHAPTER XIII. 55 CHAPTER XIII. SEPA
Page 57 and 58: CHAPTER XIV. 57 [1] September 25, 1
Page 59 and 60: CHAPTER XV. 59 However, the questio
Page 61 and 62: CHAPTER XV. 61 from treaty and cons
Page 63 and 64:
CHAPTER XV. 63 unless the United St
Page 65 and 66:
CHAPTER XVI. 65 We can look back on
Page 67 and 68:
CHAPTER XVII. 67 CHAPTER XVII. DEMI
Page 69 and 70:
CHAPTER XVIII. 69 CHAPTER XVIII. SE
Page 71 and 72:
CHAPTER XX. 71 CHAPTER XX. THE "AME
Page 73 and 74:
CHAPTER XX. 73 the growth and devel
Page 75 and 76:
CHAPTER XX. 75 B. THE PROTOCOL OF G
Page 77 and 78:
CHAPTER XX. 77 represented at the m
Page 79 and 80:
CHAPTER XX. 79 diplomacy, they will
Page 81 and 82:
CHAPTER XX. 81 Upon such invitation
Page 83 and 84:
CHAPTER XX. 83 (f) will endeavour t
Page 85 and 86:
CHAPTER XX. 85 Covenant of amendmen
Page 87 and 88:
CHAPTER XX. 87 {137} (b) If within
Page 89 and 90:
CHAPTER XX. 89 l'examen du différe
Page 91 and 92:
CHAPTER XX. 91 For the purposes of
Page 93 and 94:
CHAPTER XX. 93 nature, les ouvertur
Page 95 and 96:
CHAPTER XX. 95 ARTICLE 14. The Coun
Page 97 and 98:
CHAPTER XX. 97 Council shall draw u
Page 99 and 100:
CHAPTER XX. 99 INTRODUCTION. After
Page 101 and 102:
CHAPTER XX. 101 footing. Armaments
Page 103 and 104:
CHAPTER XX. 103 An agreement has be
Page 105 and 106:
CHAPTER XX. 105 signatory States wh
Page 107 and 108:
CHAPTER XX. 107 with the Council or
Page 109 and 110:
CHAPTER XX. 109 (a) Compulsory arbi
Page 111 and 112:
CHAPTER XX. 111 must comply is that
Page 113 and 114:
CHAPTER XX. 113 by the Council. In
Page 115 and 116:
CHAPTER XX. 115 which resorts in an
Page 117 and 118:
CHAPTER XX. 117 themselves decide w
Page 119 and 120:
CHAPTER XX. 119 reduction of armame
Page 121 and 122:
CHAPTER XX. 121 At the time when th
Page 123 and 124:
CHAPTER XX. 123 (b) The elimination
Page 125 and 126:
CHAPTER XX. 125 and published by th
Page 127 and 128:
CHAPTER XX. 127 {209} But this abso
Page 129 and 130:
CHAPTER XX. 129 Welcomes warmly the
Page 131 and 132:
CHAPTER XX. 131 RESOLUTION OF THE C
Page 133 and 134:
CHAPTER XX. 133 2. Certain Governme
Page 135 and 136:
CHAPTER XX. 135 of armaments may re
Page 137 and 138:
CHAPTER XX. 137 18. The above brief
Page 139 and 140:
CHAPTER XX. 139 Justice, had been e
Page 141 and 142:
CHAPTER XX. 141 {235} 41. Article 5
Page 143 and 144:
CHAPTER XX. 143 48. Article 1 was d
Page 145 and 146:
CHAPTER XX. 145 representatives of
Page 147 and 148:
CHAPTER XX. 147 72. The draft of a
Page 149 and 150:
CHAPTER XX. 149 the parties makes p
Page 151 and 152:
CHAPTER XX. 151 financial sanctions
Page 153 and 154:
CHAPTER XX. 153 reduction of armame
Page 155 and 156:
CHAPTER XX. 155 After the work of t
Page 157 and 158:
CHAPTER II. 157 CHAPTER II. ACTS OF
Page 159 and 160:
CHAPTER IV. 159 CHAPTER IV. DECREES
Page 161 and 162:
CHAPTER IV. 161 2. The said Commiss
Page 163 and 164:
CHAPTER IV. 163 by the acceptance o
Page 165 and 166:
CHAPTER IV. 165 [Sidenote: Numbers
Page 167 and 168:
CHAPTER IV. 167 If a Member of the
Page 169 and 170:
CHAPTER IV. 169 effectively in supp
Page 171 and 172:
CHAPTER IV. 171 Page numbers in thi
Page 173 and 174:
CHAPTER IV. 173 must, at no additio
Page 175 and 176:
CHAPTER IV. 175 The Foundation's pr
show all

The Geneva Protocol, by David Hunter Miller

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?