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. 166<br />
Arbitrators and, in the choice of the arbitrators, shall bear in mind the guarantees of competence and<br />
impartiality referred to above.<br />
[Sidenote: 6 of Article 4 of the <strong>Protocol</strong>, omitting clauses now unnecessary.]<br />
<strong>The</strong> Members of the League undertake that they will carry out in full good faith any judicial sentence or<br />
arbitral award that may be rendered and that they will comply, as provided in paragraph ten hereof, with the<br />
solutions recommended <strong>by</strong> the Council. In the event of a Member of the League failing to carry out the above<br />
undertakings, the Council shall exert all its influence to secure compliance therewith. If the Council fails<br />
therein, it shall propose what steps should be taken to give effect thereto.<br />
[Sidenote: Paragraphs nine and ten of Article 15 of the Covenant, and Article 6 of the <strong>Protocol</strong>.]<br />
<strong>The</strong> Council may in any case under this Article refer the dispute to the Assembly. <strong>The</strong> dispute shall be so<br />
referred at the request of either party to the dispute, provided that such request be made within fourteen days<br />
after the submission of the dispute to the Council.<br />
In any case referred to the Assembly, all the provisions of this Article and of Article 12 relating to the action<br />
and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made<br />
<strong>by</strong> the Assembly, if concurred in <strong>by</strong> the Representatives of those Members of the League represented on the<br />
Council and of a majority of the other Members of the League, exclusive in each case of the Representatives<br />
of the parties to the {275} dispute, shall have the same force as a report <strong>by</strong> the Council concurred in <strong>by</strong> all the<br />
Members thereof, other than the Representatives of any of the parties to the dispute; and provided further that<br />
in any case referred to the Assembly, the powers of the Council under paragraphs five, six, seven and fourteen<br />
hereof shall continue.<br />
[Sidenote: 7 of Article 4 of the <strong>Protocol</strong>.]<br />
<strong>The</strong> provisions of this article do not apply to the settlement of disputes which arise as the result of measures of<br />
war taken <strong>by</strong> one or more Members of the League in agreement with the Council or the Assembly.<br />
Article 15a.<br />
[Sidenote: From Article 5 of the <strong>Protocol</strong>.]<br />
If in the course of an arbitration, such as is contemplated in Article 15, one of the parties claims that the<br />
dispute, or part thereof, arises out of a matter which <strong>by</strong> international law is solely within the domestic<br />
jurisdiction of that party, the arbitrators shall on this point take the advice of the Permanent Court of<br />
International Justice through the medium of the Council. <strong>The</strong> opinion of the Court shall be binding upon the<br />
arbitrators, who, if the opinion is affirmative, shall confine themselves to so declaring in their award.<br />
If the question is held <strong>by</strong> the Court or <strong>by</strong> the Council to be a matter solely within the domestic jurisdiction of<br />
the State, this decision shall not prevent consideration of the situation <strong>by</strong> the Council or <strong>by</strong> the Assembly<br />
under Article 11.<br />
Article 15b.<br />
[Sidenote: Articles 8 and 7 of the <strong>Protocol</strong>, slightly changed.]<br />
<strong>The</strong> Members of the League undertake to abstain from any act which might constitute a threat of aggression<br />
against another State.