The Geneva Protocol, by David Hunter Miller

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CHAPTER V. 16 any tribunal whatever could decide on any basis. In other words, it is within that class of cases of an international nature in regard to which two States may, if they choose, negotiate, but in regard to which either one of them may at its pleasure refuse even to consider negotiations. In any condition of international affairs which it is possible to visualize under the present State system, this must continue to be so. The State system presupposes necessarily the existence of States. One of the inherent conditions of the existence of a State is its right to the possession of its own undisputed territory as against any other State,[6] which does not mean, I mention in passing, as against a revolutionary movement within the State; that is another story. The putting in question of this undisputed {17} right of one State to hold its own territory as against another State would mean the putting in question of the existing State order as a whole. Further, while I have included domestic questions as a separate class of questions in the above list, I think that logically many of them fall within the thought of questions which concern the status quo. I do not dispute that these domestic questions may at times have an international aspect; but they are questions which each State has an absolute right under law to regulate according to its own pleasure, and it is for this reason that they fall within the class of cases which are, in theory, not to be questioned internationally. Of course a State may, if it chooses, negotiate regarding them, just as it may, if it chooses, negotiate about the cession of part of its territory. But it may also, if it chooses, so to speak end the negotiations by refusing to commence them at all. However, it is proper, none the less, to consider these domestic questions as a separate group, for the reason that there is a possibility of development toward their international consideration within the present State system. I shall pursue that thought further a little later. [1] Those who framed the Protocol have a different opinion. See the discussion, supra, p. 10, et seq. [2] cf. the expression in Article 34 of the Court Statute "States or Members of the League of Nations." [3] The exact position of the British Dominions within the League is not yet wholly settled. See the recent British and Irish notes regarding the Irish Treaty, London Times, December 16 and 24, 1924. [4] See Treaty of Versailles, Article 87, third paragraph. [5] Such as, perhaps, the idea of self determination, the economic situation of the inhabitants, etc. [6] See the Declaration of the Rights and Duties of Nations adopted by the American Institute of International Law, specially Paragraph IV, A. J. I. L., Vol. X, pp. 212, 213. {18}
CHAPTER VI. 17 CHAPTER VI. INTERNATIONAL DISPUTES. So far as concerns disputes of an international nature, the Protocol, taken in connection with the Covenant, provides for a final and binding settlement of such disputes between Signatories to the Protocol in every case whatsoever. In order to determine the precise effect of the Protocol in this regard, it is necessary first to examine the provisions of the Covenant. The provisions of the Covenant which particularly cover this matter are those of Articles 12, 13 and 15. Let us therefore consider the text of these Articles,[1] looking in the first place at the text of Articles 12 and 13 and the first paragraph of Article 15, which follow: ARTICLE 12. "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 of the Council. "In any case under this Article, the award of the arbitrators or the judicial decision shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute." ARTICLE 13. "The Members of the League agree that, whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration or judicial settlement, and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject matter to arbitration or judicial settlement. "Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which, if established, would constitute a breach of any international obligation, or as to the extent and {19} nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement. "For the consideration of any such dispute, the Court to which the case is referred shall be the Permanent Court of International Justice, established in accordance with Article 14, or any tribunal agreed on by the parties to the dispute or stipulated in any convention existing between them. "The Members of the League agree that they will carry out in full good faith any decision or award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award or decision, the Council shall propose what steps should be taken to give effect thereto." ARTICLE 15 (first paragraph). "If there should arise between the Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or judicial settlement in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof." Looking at these provisions in their entirety, it will be seen that the engagements taken by the Members of the League relate to "any dispute likely to lead to a rupture." This is the language of both Articles 12 and 15. We may say that this means any dispute whatever, any serious dispute from the point of view of international
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Page 7 and 8: CHAPTER II. 7 CHAPTER II. POINTS OF
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Page 11 and 12: CHAPTER III. 11 Armaments to be dra
Page 13 and 14: CHAPTER IV. 13 Russia will certainl
Page 15: CHAPTER V. 15 The first point to be
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
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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
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Page 65 and 66: CHAPTER XVI. 65 We can look back on
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CHAPTER XVII. 67 CHAPTER XVII. DEMI
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CHAPTER XVIII. 69 CHAPTER XVIII. SE
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CHAPTER XX. 71 CHAPTER XX. THE "AME
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CHAPTER XX. 73 the growth and devel
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CHAPTER XX. 75 B. THE PROTOCOL OF G
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CHAPTER XX. 77 represented at the m
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CHAPTER XX. 79 diplomacy, they will
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CHAPTER XX. 81 Upon such invitation
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CHAPTER XX. 83 (f) will endeavour t
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CHAPTER XX. 85 Covenant of amendmen
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CHAPTER XX. 87 {137} (b) If within
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CHAPTER XX. 89 l'examen du différe
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CHAPTER XX. 91 For the purposes of
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CHAPTER XX. 93 nature, les ouvertur
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CHAPTER XX. 95 ARTICLE 14. The Coun
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CHAPTER XX. 97 Council shall draw u
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CHAPTER XX. 99 INTRODUCTION. After
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CHAPTER XX. 101 footing. Armaments
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CHAPTER XX. 103 An agreement has be
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CHAPTER XX. 105 signatory States wh
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CHAPTER XX. 107 with the Council or
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CHAPTER XX. 109 (a) Compulsory arbi
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CHAPTER XX. 111 must comply is that
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CHAPTER XX. 113 by the Council. In
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CHAPTER XX. 115 which resorts in an
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CHAPTER XX. 117 themselves decide w
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CHAPTER XX. 119 reduction of armame
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CHAPTER XX. 121 At the time when th
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CHAPTER XX. 123 (b) The elimination
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CHAPTER XX. 125 and published by th
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CHAPTER XX. 127 {209} But this abso
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CHAPTER XX. 129 Welcomes warmly the
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CHAPTER XX. 131 RESOLUTION OF THE C
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CHAPTER XX. 133 2. Certain Governme
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CHAPTER XX. 135 of armaments may re
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CHAPTER XX. 137 18. The above brief
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CHAPTER XX. 139 Justice, had been e
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CHAPTER XX. 141 {235} 41. Article 5
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CHAPTER XX. 143 48. Article 1 was d
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CHAPTER XX. 145 representatives of
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CHAPTER XX. 147 72. The draft of a
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CHAPTER XX. 149 the parties makes p
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CHAPTER XX. 151 financial sanctions
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CHAPTER XX. 153 reduction of armame
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CHAPTER XX. 155 After the work of t
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CHAPTER II. 157 CHAPTER II. ACTS OF
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CHAPTER IV. 159 CHAPTER IV. DECREES
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CHAPTER IV. 161 2. The said Commiss
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CHAPTER IV. 163 by the acceptance o
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CHAPTER IV. 165 [Sidenote: Numbers
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CHAPTER IV. 167 If a Member of the
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CHAPTER IV. 169 effectively in supp
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CHAPTER IV. 171 Page numbers in thi
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CHAPTER IV. 173 must, at no additio
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CHAPTER IV. 175 The Foundation's pr
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The Geneva Protocol, by David Hunter Miller

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