The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
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CHAPTER IV. 165<br />
[Sidenote: Numbers 1 and 2 of Article 4 of the <strong>Protocol</strong>, very slightly changed.]<br />
If the dispute is not thus settled, the Council shall endeavour to persuade the parties to submit the dispute to<br />
judicial settlement or arbitration.<br />
If the parties cannot agree to do so, there shall, at the request of at least one of the parties, be constituted a<br />
Committee of Arbitrators. <strong>The</strong> Committee shall so far as possible be constituted <strong>by</strong> agreement between the<br />
parties.<br />
If within the period fixed <strong>by</strong> the Council the parties have failed to agree, in whole or in part, upon the number,<br />
the names and the powers of the arbitrators and upon the procedure, the Council shall settle the points<br />
remaining in suspense. <strong>The</strong> Council shall with the utmost possible dispatch select in consultation with the<br />
parties the arbitrators and their President from among persons who <strong>by</strong> their nationality, their personal<br />
character and their experience, appear to furnish the highest guarantees of competence and impartiality.<br />
After the claims of the parties have been formulated, the Committee of Arbitrators, on the request of any<br />
party, shall through the medium of the Council, request an advisory opinion upon any points of law in dispute<br />
from the Permanent Court of International Justice, which in such case shall meet with the utmost possible<br />
dispatch.<br />
{274}<br />
[Sidenote: 3 of Article 4 of the <strong>Protocol</strong>, and the fourth, fifth and sixth paragraphs of Article 15 of the<br />
Covenant]<br />
If none of the parties asks for arbitration, the Council shall take the dispute under consideration and, either<br />
unanimously or <strong>by</strong> a majority vote, shall make and publish a report containing a statement of the facts of the<br />
dispute and the recommendations which are deemed just and proper in regard thereto.<br />
Any Member of the League represented on the Council may make public a statement of the facts of the<br />
dispute and of its conclusions regarding the same.<br />
If a report <strong>by</strong> the Council is unanimously agreed to <strong>by</strong> the Members thereof, other than the Representatives of<br />
any of the parties to the dispute, the Members of the League agree to comply with the recommendations of the<br />
report.<br />
[Sidenote: 5 of Article 4 of the <strong>Protocol</strong>, with verbal changes. Eighth paragraph of Article 15 of the<br />
Covenant.]<br />
In no case may a solution, in accordance with a unanimous recommendation of the Council accepted <strong>by</strong> one<br />
of the parties concerned, be again called in question.<br />
If the dispute between the parties is claimed <strong>by</strong> one of them, and is found <strong>by</strong> the Council to arise out of a<br />
matter which <strong>by</strong> international law is solely within the domestic jurisdiction of that party, the Council shall so<br />
report and shall make no recommendation as to its settlement.<br />
[Sidenote: Seventh paragraph of Article 15 of the Covenant, as modified <strong>by</strong> 4 of Article 4 of the <strong>Protocol</strong>.]<br />
If the Council fails to reach a report which is unanimously agreed to <strong>by</strong> the Members thereof, other than the<br />
Representatives of any of the parties to the dispute, it shall submit the dispute to arbitration.<br />
<strong>The</strong> Council shall itself determine the composition, the powers and the procedure of the Committee of