The Geneva Protocol, by David Hunter Miller

CHAPTER XV. 63
unless the United States objected to such a course and preferred to go it alone.
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However, there is at least grave doubt as to all this. The provisions of Article 16 of the Protocol and of Article
17 of the Covenant rather indicate that a State which pays no attention to an invitation to become an ad hoc
Member or Signatory takes its chances as they exist dehors the Covenant or the Protocol. I think myself that
this is the better view. To suppose otherwise would be to suppose that States outside the League (or the
Protocol) had all the advantages of States within, and none of the burdens or obligations, a difficult thing to
envisage.
So, on the whole, I conclude that an attack by Japan upon the United States because of a "domestic" or other
question would permit the Members of the League, both under the Covenant and under the Protocol, to be
interested onlookers and nothing more.
[1] Supra, p. 13.
[2] Longmans, Green & Co., 1917.
[3] A subsequent treaty between Denmark and the Principal Allied Powers confirmed the cession. A. J. I. L.
Supplement 1923, Vol. XVII, p. 42.
[4] Article 16.
[5] The discussions in the Assembly of Article 16 of the Covenant show that the word "nationals" is to be read
as "residents."
[6] See Moore's Digest, Vol. VII, pp. 135-142.
[7] That is, in the sense that there would to some extent be known and applicable rules of conduct for all
States.
[8] Innumerable questions of difficulty as to private contracts might be suggested; but I am thinking here of
relations between States.
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