The Geneva Protocol, by David Hunter Miller

CHAPTER XX. 138
dispute before the Council of the League of Nations for the purposes of the pacific settlement laid down in
paragraph 3 of article 15 of the Covenant, and during such proceedings neither party may take proceedings
against the other in the Court.'"
21. Having briefly summarized the discussion which gave rise to the elaboration of the draft Protocol, and
having examined in what way that instrument embodies the ideas expressed in that discussion, it may be of
interest to review summarily the progress of the work of the two Committees of the Assembly that were
charged with the drafting of the scheme, and to show how the various articles were evolved.
22. It will be seen from the terms of the resolution of the 6th September that the scheme of "arbitration,
security and disarmament," though forming one indivisible whole, would require the deliberation of two of the
regular Committees of the Assembly. The First Committee, dealing with the legal questions, would have to
develop the principle of arbitration, while the Third Committee, dealing with the reduction of armaments,
would have to consider the problems of security and disarmament.
23. It was realised that the work would overlap at many points, and the two Committees kept in constant touch
throughout, the result of their labours being finally co-ordinated by a joint drafting sub-Committee.
24. During the whole period of discussion the British Delegation kept in close touch with the Dominion and
Indian Delegations, who were consulted on all points of difficulty, and who were given every opportunity of
expressing their views. This was done, not only by means of private consultation, but also at fourteen formal
meetings of the Delegations.
25. In the following sections an attempt is made to trace the evolution of the Protocol through its various
stages in the First and Third Committees.
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II.--WORK OF THE FIRST COMMITTEE.
26. The first plenary meeting of the First Committee was held on the 2nd September, when Sir Littleton
Groom (Australia) was elected Chairman, and M. Limburg (Netherlands) Vice-Chairman. Sir C. Hurst
represented the British Empire.
27. On the 9th September the Committee began its deliberations on the Assembly resolution of the 6th
September regarding arbitration, security and disarmament. The Assembly, by this resolution, instructed the
First Committee:--
"(a.) To consider, in view of possible amendments, the articles in the Covenant relating to the settlement of
disputes;
"(b.) To examine within what limits the terms of article 36, paragraph 2, of the Statute establishing the
Permanent Court of International Justice might be rendered more precise, and thereby facilitate the more
general acceptance of the clause;
"and thus strengthen the solidarity and security of the nations of the world by settling by pacific means all
disputes which may arise between States."
28. The British Delegation commenced their labours by considering the second of these two tasks, as it was a
British suggestion emanating from the Prime Minister himself. The question of the acceptance by His
Majesty's Government of the principle of compulsory arbitration for legal disputes, as provided in the optional
clause referred to in article 36, paragraph 2, of the Statute establishing the Permanent Court of International