0 ratings0% found this document useful (0 votes) 85 views13 pagesLeague of Nations
All about how it started and ended
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content,
claim it here.
Available Formats
Download as PDF or read online on Scribd
Chapter 2
League of Nations
In the beginning of the twentieth century, outstanding conferences that
took place were the Hague Peace Conferences of 1899 and 1907. They were
mainly related to the development of International Law. However, they were
also of significance in the evolution of international organisations.’ Experiences
and experiments of these conferences along with the conferences of preceding
century on the one hand and the devastating effects of the First World War on
the other hand, led some individuals in England and in America to propose the
scheme of a League for the avoidance of war in future. In June 1915, ‘The
League to Enforce Peace’ was founded under the. leadership of former President
Taft in 1915. After a long and bitter deliberations, the League of Nations
ion of the Peace Conference accepted the joint draft presented by
aft was given the final shape by the Commission,
ns was adopted by the Conference on
f 26 Articles was a part of the Treaty
ablished on January 10,
Com:
America and England. The Dr:
and the Covenant of the League of Natio
April 28, 1919, The Covenant consisting 0!
of Versailles of 1919.7 The League of Nations was ests
1920.
Preamble of the Covenant
The Preamble of the Covenant laid down the objectives for the creation of
the League which were to promote international cooperation and to achieve
intemational peace and security. These objectives shall be obtained by the
acceptance of obligations not to resort to war; by the prescription of open, just
and honourable relations between nations, by the firm establishment of the
understandings of international law as the actual rule of conduct among
Governments, and by the maintenance of justice and a scrupulous respect for all
obligations in the dealings of organized peoples with one another. Preamble also
stated that the High Contracting Parties agree to this Covenant of the League of
Nations’.
1. Palmer and Perkins lays down that the Hague Conferences of 1899 and 1907 may be
said to have represented a transitional step from ad hoc conferences and specialized
international organisations towards the League of Nations, the first great experiment
of an organisation open to all States without a special purpose and character
(International Relations p. 320.)
2. The Treaty of Versailles was signed at the end of World Ward I by the Allied and
Associated Powers and by Germany in the Hall of Mirros in the Palace of Versailles
(France) on June 28, 1919 which came into force on January 10, 1920. Earlier, the
Treaty was negotiated and drafted during the Paris Peace Conference in 1919 which
was dominated by the national leaders known as the ‘Big Four’—Woodrow Wilson
of the United States, Clemenceau of France, Lloyd George of Britain and Vittorio
Orlands of Italy. Germany was not included in the consultations.League of Nations
Membership of the League
vere two kinds of members of the League of Nations. 24
A Staats it shall consist of original members any an ly
the Cov Sie.tnich Herdbers whe Were to be admitted Iter. Orgs st
ender, tie were those States whose names were enumerated in the Annes
a Cees ‘Signatories of the Treaty of Peace’ or as ‘States ing?
to accede to the Covenant’, which did in fact accede without Teservation to te
Covenant on or before March 20, 1920. The Annex rentioned the na, . .
thirty two States. Out of them, three failed to ratify the Covenant, ey
Ecaudor, the Hedjaz and the USA. Thirteen States were inwited to acd, ce
the Covenant and they acceded to it, Thus, forty-two States became the oF; gina
members of the Leagute. Provisions for the Subsequent members were laid do
under para 2 of Article 1 which Provided that : Any fully self-governing State,
Dominion or colony not named in the Annex may become a Member of
League if its admission is agreed to by two-thirds of the Assembly Provided thay
trcntll give effective guarantees of ite Sincere intention to. obser
jitemational obligations, and shall ac
ity
cept such regulations as may be prescri
by the League in Tegard to its military, naval, and air force and
armament,
‘Rventy-one States were admitted in
the League as. subsequent members,
Applications for admission made by Armenia, Azerbaidjan, Georgia,
Liechtenstein and Ukraine were tefused in 1920,
Membership of the League could be terminated in three wa:
voluntary withdrawal from the League after having given two year’s
its i SQ Provided all its intemati i
obligations under the Covengt have been fulfilled at the tines of its
(Article 1 para 3), Secondly, by expulsion ie
had, member of the League may be
Srened fom the League if it hee violated the Coy
: inb :
members of
by expressing its
Peesions regarding the Withdrawal of
'ague proved detrimental to the interests Of the League,
ember Sague, but in due course
ced to thinty ty, Even some Powerful States
Which joined the Sue in 1926 left it in
he re, cordemned for its intervention in
aBUe in 1937 it
Ethiopia. USSR. was expelled from the me ship of ae ie ee
ABEtession on, Finland in eo the
in December
Organs of the League
The League had two principal organs ;
the Asser
assisted by the permanent Secretariat MbIY and the Council,
(a) The Assembly
The Assembly was represented by all the member -
According to Article 3 cach member of the beagie coulg i
the League
end nol League
> ow
‘ore thanyr
7 International Organisations
three representatives to the Assembly, but they all had one vote. The Bee)
met at least once 2 year, and more frequently, if required. In practice, el
Assembly used to meet annually in September in Geneva. The ‘Assembly coul
also meet in special sessions. It held many special sessions; important among
them was that of March 19, 1926, when Germany applied for membership. The
Assembly had six regular standing committees-constitutional and legal,
technical organisations, reduction of armaments, budgetary, social and
humanitarian and political.
‘The functions of the Assembly were not adequately laid down in the
Covenant, It was provided under Article 3 para 3 that the ‘Assembly may deal
at its meetings with any matter within the sphere of action of the League or
affecting the peace of the World. Of the many functions performed by the
Assembly and the Council : (a) some were exclusively reserved for the
Assembly, and (b) others were reserved for the Council of the League; ()
others, again, required the cooperation of these two organsi while (a) with
regard to others the Assembly's competence was either concurrent with or
alternative to that of the Council. Exclusively reserved functions included the
“immission of new members (Article 1) by a two-thirds majority; election of
non-permanent members of the Council (Article 4), apportioning the expenses
of the League among the members, appointment of committees by simple
majority, supervising the work of the Council and setting of its own procedure.
Prevention of war and to find a peaceful solution of international disputes was
the matter which could be dealt with either by the Assembly or the Council.
Decision in the Assembly was taken by at least four kinds of votes. ,..
depending upon the nature of the matter. These were : (a) unanimous vote of
all the members of the League represented at the meeting (Article 5); (b) the
vote of a simple majority of the members of the League represented at the
meeting, which applied to all matters of procedure... including the appointment
of committees of investigation (Article 5); (¢) a vote of a two-thirds majority,
and (d) a majority vote, but including the votes of all the members represented
in the Council.
(b) The Council
The Council was the executive organ of the League. Its size depended, in
the first instance, upon the provisions of Article 4. The Council consisted of (a)
permanent members namely, those Great Powers who were members of the
League ie. the United States of America, the British Empire, France, Italy and
Japan. The Council could with the approval of the majority of the Assembly,
name other permanent members; (b) leven non-permanent members of whom
three were elected each year and for three years. This group could be
sub-divided into (a) non-permanent and not re-eligible until the expiry of three
years from the conclusion of their terms of office, and (b) non-permanent
declared by a majority of two-thirds of the members of the Assembly voting to
be immediately re-eligible. (ii) Ad loc representatives.
Permanent members of the Council were the Great Powers ie., the
Principal Allied and Associated Powers—the United States of America fg
Britich Empire, France, Italy and Japan together with four other members of theON
%
League of Natlons
Loagute selected by the Assembly from time to time. United States of 4, fe
did not join the League as the US. Senate refused to give its assent and theresa?
the number was four in 1920 which increased to 5 in 1926 (with the admis”
of Germany) to six in 1934-35 (with the admission of the USSR) an, ther
declared to 2 at the end of 1999.' They were : France and Great Britain, 7"
number of non-permanent members was increased from four to six in 192
nine in 1926, to ten in 1933 and finally to eleven in 1936, to
The Council was expected to meet atleast once a year at the seat of
League or at such other places as may be decided upon, The Council coulg alse
meet in any emergency arising out of war or threat of a war.
Like the Assembly, the Council could deal with any matter within the
sphere of action of the League or affecting the World peace (Article 4 para
The functions of the Council may be classified as being (a) within the exclusive
competence; (b) requiring cooperation with the Assembly; and (c) Within the
concurrent or alternative competence of the Assembly and the Council,
The Council could take a decision by means of the following kinds of
votes : (a) the unanimous vote of all members of the League represented at the
meeting (Article 5); (b) the vote of a simple majority of the members of ine
League represented at the meeting; (c) the vote of all the members of the
League excluding the representatives of the parties to a dispute and (d) the
vote of a simple majority of all the members of the Council.
Exclusive functions of the Council included the (1) nomination of
additional permanent members of the Council; (2) formulating plans for the
reduction of armaments; (3) to advise how the evil effects of manufacture of
munitions and implements of war by private enterprise can be prevented 4
advising upon the means by which the members of the League were to preserve
a8 against external aggression, the territorial integrity and existing political
independence of other members; (5) supervision’ of the mandate system;
minorities treaties and other agreements; (6) to direct the work to the
Secretariat, arrange for international conferences, receive reports from the
subsidiary organs of the League, determine which reports should be submitted
to the Assembly and to deal with disputes among League members,
Safeguarding the peace of the World was the primary responsibility of the
Council.
Voting in the Assembly and the Council—Decisions at any meeting of
the Assembly or of the Council required the agreement of all the members of
the League represented at the meeting except where otherwise expressly
provided in the Covenant or by the terms of the Treaty (Article 5 Para 1). Ail
matters of procedure at meetings of the Assembly ot of the Council, including
the appointment of committees to investigate particular matters, shall be
regulated by the Assembly or by the Council and may be decided by a majority
of the members of the League represented at the meeting (Article 5 Para 2).
Article 5 Para 3 provided that the first meeting of the Council shall be
summoned by the President of the United States of America,
1. Japan and Germany withdrew from the League in 1935 and Italy in 1939, USSR was
expelled from the League for its attack on Finland.
-International Organisation:
8
#
gett sted of t
(9 See gycrtatt cone the Secretar
jhe ‘autired (Article 'y General
may bere es i Pata I), Pata 2 of Anes keynes
eoneral shall be the person whose (Arte 6 ltd down fiarae
ame was mentioned in the
in the
rolaty aan
after the Secrelary-General shall be TS
(1c
the Council
| of the majority of the
! ie Assembh
¢ Drum ly. Accordingl i
aS Dan mod of the Gre Bait Pe hae
mc by Joseph Arenol of ance
a fe staff of the Secretariat were ay Cc
wih approval of the Cound’ two Deputy
ani wo underSectetaries were appointed faye
assist the
Gene
Jectaty
seat General
ect
jenera
stariat. Was established i
the 5 -retaria in Geneva—th
5 of the Secretariat was to assist all organs of fire ve League
sat kinds, viz,, clerical, research, drafting, Tatas
esi nati }
evi registration of treaties, keeping of
goorinations Te ‘ ping of records, arrangements
meeting © i had a staff of seven hundred persons, working ee
‘sections! and
tes of the Lea,
of mandi
i
numerous: services and offices.
gue of Nations
ates established by Article 22 of the Covenant of the
form of international guardianship to those colonies and
h "as a consequence of the war have ceased to be under the
ates which formerly governed them and which are
able to stand by themselves under the strenuous
" Thus, the mandate was created in the interest
of the inhabitants 0 d of humanity in general as an international
institution with an international object—4 sacred trust of civilisation..." the
intemational rules regulating the mandate constituted an international status of
the territory. 2 The above implies that amongst others, the principal obligations
of the mandatory, including those relating to international supervision, were
held not to have been abrogated by the dissolution of the Leagite: ‘The mandate
system was thus limited to the territories of Germany and Turke} id 1
extend to colonies and territories of Allied and ‘Associated Powers: The principle
tipon which the system was bases { development of such
d was “the well being a8
peoples from a sacred trust of civilization and that securil performance
of this trust should be embodied in the Covenant of the ue, The tutelage of
these peoples was to be entrusted to advanced nations, which by ase" of Li
resources, their experience or their geographical position can best undertake ! i
responsibility and who are wiling (0 Mecept i, and that 1s ratelage should be
exercised as mandatories on behalf of the League.
poem ers Prova lander Article 22 Para 7 that in
latory shall render to the Council an annual report 9
Manda
The syste™
League was. 4
territories which
covereignty of the St
inhabited by peoples not yet
conditions of the modern World:
f the territory, an
ate, the
of mand
to the
ery case
in reference
c ie principle of the
pase) the IC} held I , rc
ol
tumanitarian conceP™
1 Inthe S
n the South West Africa case (Second
“ily a moral OF_
1
Loague of Natlons
its charg ee of authority
itted {0 its charge. The degree o ity,
eae a 5 exercised by the mandatory shall, if not rev)
administra
bra
ously ot by
n the members of the League be explicitly defined in each, case wea
a (Article 22 Para 8). A permanent Commission WS conatitgy the
See are "ports of mandatory and toa then
on all matters relating to the observance of the mandates, Mine
om Under the mandate system, three distinct SroUupS Of territorigg Were py
ey Class A, Class B and Class C. Class A consicte
‘ ee
which had reached a stage of development at which UIeit existeml
independent nations could be Provisionally Tecognized, subject to
regime of administrative assistance from a mandatory State,
Palestine, Iraq and Trans-Jordan were Placed under this clay,
independent by the end of 1946 or were expected to become ing
that time. Class B of mandates included certain former colonic
which were administered by the mandatory State under a
government, They included the British Cameroons, Brit h and
Tanganiya under British, mandate, the French Camerons and French Togolang
under French mandate, and Randy Urundi under Belgian mandate, Chay ¢
mandates were administered as integral portions of the territori
State and had
of mand;
NO international status whatever. Such territories
South-West Africa assigned to South Africa, Samoa to New Zealan
Great Britain, Asutralia and New Zealand jointly; other Pacific Isla
the equator to Australia: and Pacific Islands north of the equator
the territories belonging to class B and C came under the truste,
under the United Nations,’
yi
wiley
ee ay
4 tempor,
Syria, 1hy
S: The ecame
“Pendent 5,
of Ger
id, Naury to
nds South of
to Japan. Aly
ship system
Settlement of Disputes
In order to achieve the main objective of maintaining peace and secur
the Covenant made elaborate Provisions for the settlement of disputes between
States. The Covenant under Article 12 Para 1 laid down that in the event of a
dispute arising between the Members of the League they will submit the matter
either to arbitration or judicial Settlement or to inquiry by the Council. Article
that matters suitable for submission to arbitration or judicial
settlement should be in accordance with Article 13
Para 2 which enumerated
that such disputes as involving the interpretation of @ treaty, questions of
international law, questi i breach of an international
obligation or the 1 * made for such breach. Members of the League
poreed that they will carry out in full 800d faith any award or decision that may
be rendered, and they will not Tesort to war against a member of the League
which complies therewith, In the event of any failure to carry out such an averd
oF decision, the Council shall Propose what steps should be taken to give effect
thereto,
. embers of the League and which is not
submitted’ to arbitration or judicial settlement, members agreed that they will
Wee Se ii fe de (Article 15 Para 1), Any Party to the dispute
may effect such Submission by giving notice of the existence of the dispute to
1. See Chapter, Trusteeship Council’.1 International Organisations
General, who will make
we Son and consideration thereof The Counch sh eements for a ful
investiga yy disputes, and if such efforts are successful, ¢ ann eet
cellement giving such facts and explanations regarding thee al be
made Prettlement thereof as the Council may deem ae apie and the
teem tied, the Council cither unanimously or by a maj ite the dispute
not SUN report containing a statement of the facts "ot ee spake and
publ gations which aze deemed just and proper in regard hereto
recontas stated in the Covenant that members shall in no case reset t
espa arti award ty he abit he dco
or ; ich resorted in di
fe reve provisions chal ipso facto be deemed to have commited et seer
against all members ie the League. They also agreed to immediately take action
1Bi, as severance of all trade or financial relations, the prohibition of all
such gue between their nationals and the nation of the Covenant-breakin
intretand the prevention of all financial, commercial or personal intereourse
between the nationals of the Covenant breaking State and the nationals of an}
other State (Article 16 Para 1). y
In the event of a dispute arising between a member of the League and a
siate which is not a member of the League or between non-members of the
League, non-members shall be invited to accept the obligation of membership
in the League for the purposes of such disputes upon such conditions as the
Council may deem just (Article 17 Para 1). If such invitation is accepted, the
provisions of Article 12 to 16 shall be applied with such notifications as may be
deemed necessary by the Council. The Council, after the invitation being given,
shall immediately institue an inquiry into the circumstances of the disputes and
recommend such action as may deem best and most effectual in the
circumstances (Article 17 Para 2). If a State so invited refuses to accept the
obligations of membership in the League for the purposes of such dispute and
resorts to war against a member of the League, sanctions laid down under
Article 16 shall be applied against a State taking such action. If both the
disputant parties are not members, they both shall be invited and if they refuse
to accept the obligations of membership in the League for the pupose of such
dispute, the Council may take such measures and make such recommendations
0 as to prevent hostilities and which may result in the settlement of the dispute.
War and Neutrality
The Covenant of the League made notable regulations for resorting War
Members of the League agreed that if a dispute arises between them, they shall
submit the matter either to arbitration or judicial settlement or to the inquiry by
the Council and they also agreed that in no case war shall be resorted until
three months after the award by the arbitrators or by the judicial decision OF the
"port by the Council? The three months time, ie, ‘cooling, period’ ON
Provided as it was believed that it will be able to prevent the accidental
Outbreak of hostilities, ‘However, war resorted affer following the ab\®
Atlicle 12 (1
2 Article 12 ptLoague of Nations
1 ate resorted to war without follows
procedure was not for bade ao to have committed ‘an act of ya" *s
above procedure it paul ‘ague,! which is tantamount to aggression a f Na
all other members of the A aggression is a violation of Intematignay te
community of States. ea 7 ni against the supreme interes of rel lan
aL OT a en atrate Thus, the Covenany th
Sar aIee ica inpesed atau eT members fog 84
De TA i He aa Rear only fo members ofthe La thy
iar power of Nations considerably affected the notion of neutral
es two kinds of war, Firstly, those yee neS Tesorted to nats
disregard of the provisions of , the Covenant, fey a which w, i
forbidden, and secondly, war in disregard of the provisions of the Covenant iy
forbidden war. As to the first kind of war, it is to be noted that they were Vega
wars, and in such cases members of the Covenant were left free to Maint,
their neutrality in the traditional sense of the term. No testriction or Prohibig
was made by the provisions of the Covenant as to the attitude of Reutrality in
such war. However, the Concept of neutrality
was largely affected in that y°
which was resorted in disregard of the obligations of the Covenant,
. t
‘gal and if it was resorted, it was ‘ipso facto deemed to have
for the whole World, and all
victims of aggression, no State could ado
analysis of the provisions of the Covenant reveals that even in any
(which is resorted in disregard of the Covenant) neutrality may be adopted by
the States. For instance, non-members of the League such as the United States,
and later on, Japan, Gen Y could remain neutral in any such way
many and Ital
Further, there was no authority to determine as to whether a State of
War exists
oF not. And soa member State may remain neutral if it decides in a particular
war that no Covenant breaking resort to war had ta
rightly said that the rul
ken place. Stone has very
cs of neutrality ‘remained operative’ ox
establishment of the League of Nations in the followin,
en after the
1B ways : (1) as to
later Japan, Germany,
and Italy; (2) as to Wars not forbidden, i, aps in the Covenant; (3)
ie, within the g,
even in a forbidden ‘War, as to particular members who decided in the particular
case that no Covenant-breaking Tesort to war had taken place?
Practice of the States also Suggests that the States adopted the attitude of
neutrality in those wars which took place after the establishment of the League.
Thus, during the Russia-Polish war in 1929 Germany declared its neutrality In
Greco-Turkish war of 1921, the Allied Governments isstied a collective
neutrality. In Chaco war between Bolivia and Paraguay,
I, Chile and Peru declared Reutrality in 1933 in spite of the fact
m™ Were members of the League,
declaration ofInternation
2 ‘al Organisations
ntervention in the Domestic Jurisdicti
Nor psncile of nonnterventon in the domegee Ste.
under Att ne of them and Prout aif the dispate pce” W38 sated
is caimet P ematioal law is solely within mpccul 10 arise out of Pats
whi M ’rall so report and shall make no scr _feisdiction of a 8 matter
Gourmet the Coun was compte
whe the matter Sater the dispute had atisen a the question as to
estic inisiction of the Party Which made the claim ang go, within the
Coun implied the decision of the dispute, and this act of the
Registration of Treaties. .
ticle 18 of the Covenant provided
nga sent entered into hereafter by any ‘mene ety 1 Sstemationa
weith registered with the Secretariat and shall as groqeSZBU® shall be
published by it No such treaty or international engagement s! etl male be
Fra so registered. binding
The Secretariat of the League performs the functions of publica f
ication o
sates in the League of Nations Treaty Series (LNTS),
Disarmament under the League of Nations.
The Covenant stressed the need to reduce national armaments and armed
forces by stating under Article 18 Para 1 that the maintenance of Peace requires
the reduction of national armaments to the lowest point consistent with nati
safety and the enforcement by common action of International oBigatens ne
Covenant further provided under Article 18 Para 2 that at least in every ten
years the Council of the League after taking into account of the geographical
situation and circumstances of each State, shall formulate plans for such
reduction for the consideration and action of the several governments. Article 18
Para 3 provided that plans shall be subject to reconsideration and revision at
least every ten years. It was also laid down under Para 4 of Article 18 that after
these plans have been adopted by the several governments, the limits of
armaments therein fixed shall not be receded without the concurrence of the
Council.
It is to be noted that the above provisions of the Covenant as to
disarmament were too ambiguous to serve any useful purpose. Its provisions
were further weakened by the fact that the Covenant neither refrained the
members from the use of force in their international relations nor it prohibited
iL altogether. The result was that there was no basis for implementing
'sarmament measures,
© Coditieat
“editcation under the League of Nations
proben® Covenant of the League was the first instrumen
ramet difcation properly. The Council of the League ft
Coifain of Steen jurists to report on those questions which
The Comma © report as to how their codification COWES eg report in
ee, after examining the reports of sub-comm!
which handled the
in 1924, appointed
ch were ripe for
omLoague of Nations
5 seven topics wory
7 the following ting
wherein it sated a ‘Territorial Waters; (ii) Responsitit
ionality; ‘ ¢ Pers Yy
exdifietion ¢ (1) Nation eo ny aa the ile vn Peony
States for Damage clone vie, Privileges ancl Inui Hess 0) Proce?
Fowigners) (iv) Diplo rand Procedluue for the co ualca tty a
International coe (vii) Exploitation of the | rendu \ iil Mea. ty Wy
he Report of the Ce fone tere
tho te Council's abservaions thereon,
and decided that a Conference i
be held at the Hague for the purpose
aforesaid under (i, (ii) and (ii).
of codifying the subj
1930 and adopted conventions on the
ang ce at i Come “oncerning Certain Quah
of Nationally Sy flict of Nationality Laws; (b) Protocol relating to Milita
nating to the Conflie cases of Double Nationality; (0) a Protocol relatiny t
os SNGR Ries and (d) a Special Protocol concetnin,
Statelessi ignificant to note that these ee did pol ae Wid,
support is clear from the fact that they were rati ae eke OY States 0
the topics of Territorial Waters and Responsibility o! , " Coane " BE done
in their Territories to the Property and Person of Foreigner, n ag NtiON couly
be formulated because of the lack of general agreement. It Ee} (0 Be noted thy
the Conference fell short of the expectations that had precede, its convening js
View ofits limited success. No further attempts of codification were made unde
the League. Pethaps its enthusiasm for codification wilted after the failure of j,
1930 Conference,
April 192
Certain
Collective Security and the League of Nations
Collective security system received legal status for the first time under the
Covenant of the League of Nations. The Covenant under Article 10 Provided
that the members of the League undertake to respect and Preserve as agains,
external aggression, the territorial integrity and political independence of al
‘members of the League. In case of any such aggression, the Cox,eil shall advise
“pon the means by which the obligation shall be fulfilled, Further, Article 1!
Provided that any war or threat of war, whether immediately affecting any of
the members of the League is not hereby declared a matter of concern for the
whole League and the League shall take any action that may be deemed wise
and effectual to safeguard the peace of nations. The Covenant further provide!
Remar 12 oe aul of the League agreed to settle disputes between
They shall ‘oe La Uration or judicial settlement or inquiry by the Council
woe flees ie eal three months after the award by the arbitrators
meer agreed tere report by the Council, Article 13 laid down thal
considered suitable for submission}, ePue between members which ihe
some SM to arbittation or jue atON OF juicial settlement sh
submitted to arbitration or ilica Setter tlements I the disputes are mel
Council. The Council was equi to make efi (rout Be submitted tot
® make efforts to settle the dispute, Artide
16 provided that if
see aty member of the League ne in di
the above proven cont « League resorted to war in distegaet f
committed an ac
Facto be deemed to haveInternational Organisations
all members of the League |
inst all me In such ca
ion the several govemmnenis concerned that mite ‘ouncll was to
a the members of the League shall sever fective military,
ree
fo sed 10 protect the Covenant, The aly contribute to the
now that the principle of collective security mien of the
stem evolved
nt CO ie of collective responsibility emerged to thwart. th
itt the act of
sion OF of the collective security
a ction OF re security system und
tnd inthe history of international ations Covenant was
xd a landg take action against a State which Tedotted to wa pea
ns ate! Howe the mW: lating
pets 6g the Covenant. However, the system was not effective oa
and it
pe Pm nn actual working mainly because members failed to abi
oo Nes which hey undertook under the Covent Renee
Sean Hot take any action aginst aly when i conquered the by
Leste (Greek in 1923 and against Japan when it occupied central Mar pou
ot Ge uit system agin fled hen Japan attacked Bhi ia These
ective ove that collective security system was totally ineffective. Mi
Erntes, especially Great Powers were intrested in sa ee
be marines than the intrest of he intraoral canuancrity ale
Although collective security system was inadequate under the Covenant of
the League of Nations a number of efforts were made to strengthen the system
in the inter-war period. The Draft Treaty of Mutual Assistance of 1923, Geneva
Featoco! of 1924, Locarno Pact of 1925 and the Kellogg Briand Pact of 1928 (Pact
of Paris) and the ‘Anti War Treaty of Non-Aggression and Conciliation (1933)
tied to strengthen the collective security system as envisaged in the Covenant.
Weaknesses of the League of Nations
‘an evaluation of the twenty-years (1920 to 1940) record of the League of
Nations leads one to classify the first decade (1920-1930) as the successful years
rad the second decade (1930-1940) as the unsuccessful years ‘The League of
Nations proved its value by settling the Swedish-Finish dispute over the Aaland
tdunds (192021), guaranteeing the security of Albania (1921), rescuing Austria
fom politcal and economic disaster (1922), setting the division of Upper-Silesia
(122) and preventing the outbreak of war in the Balkans between Greece and
e first decade, the League's
Bulgaria (1925). The above shows that during th
functioning was quite successful. However in the second decade the League
failed miserably in maintaining peace. Some of the instances where the League
filed were the Japanese occupation of Manchuria, the Italian occupation ©
(tion, the Chaco war (conflict between Bolivia and Paraguay), the Spanish
nh mr and the Soviet attack on Finland, hos becom
the end of 1939, it became evident that the Leash pas become
Watcles to prevent the outbreak of var. te least effective ding WORE
§ te, final League Assembly (Iwenty-first) was held a Gene es
which was attended by 34 delegates, OF April 19, a
4
te! & motion wherein it was eetgned that with effec (OM One
Sha he close ofthe present session of the Assembly, the League Ors
“8¢ to exist except for the sole purpose of the liquidationLeague Tr — vv
ange filed Because it suffered from a number of defects whip %
follows : , oe . a
(1) The League failed to attain universality of membership, It
mostly of European nation-States. Thus it did not represent ry
World community. Only sixtythree States were admittest in
League and therefore it was not an effective organisation to," ie
World peace. mang
2) League did not forbid the war completely. War could be reso,
fa State after the completion of the formalities as provide’!
Covenant. The Covenant laid down that if any dispute arog.
will be settled either through arbitration or by judicial Settleme, hay
the dispute was not resolved through these means, partis «I
resort to war after the lapse of three months from the date of!
decision of the arbitration or of judicial settlement. he
(3) One of the great powers—U.S.A. did not become the member of th
League because of non-ratification of the Treaty by the Senate, 7
absence of US.A. from the League made even England |e.
enthusiastic. ‘
(4) Powers for the enforcement of the decision was.not centralized, Thy
enforcement depended upon the decision of the bulk of the member,
of the League. Thus, the consent of all members was essential whic,
could not be attained. China in 1932, Abyssinia in 1935 appealed fo,
collective action, but no action could be taken to fulfil the obligation
(5) Functions of the Council and the Assembly were not dearly
a
demarcated.
(6) Members were not bound by the decisions of the Council.
(7) There was no provision which could prevent the States from the
withdrawal from the League of Nations. The result was that the
number of members which was initially 62 reduced to 32. Even the
powerful States like Japan and Germany which joined the League in
1926 left it in 1933. Italy also withdrew from the League. The League
became weak and totally ineffective due to the withdrawal of these
States.
(8) There was no provision in the League to deal with the act of
aggression effectively. Moreover, forces were also not available to the
Council to take action against the culprit State.
(9) The League maintained,a distinction between ‘Great Powers’ and
other States. The so-called Great Powers were given permanent seals
in the Council whereas the other members could only be its members
for a fixed term. ‘The selfish interests of the nations, especially of he
Great Powers was supreme. They failed to maintain internation!
peace and security because they failed to support with sufficient
vigour especially in Manchurian and Ethiopian cases. As a result of
the attitude of major Powers the small. nations lost faith in th
effectiveness of the League to save them from any aggression. TH
principle of the collective security enshrined in the Covenant was no37 Intemational Organisations
applied in actual practice.
It is true that the League failed to fulfil its primary object of maintaining
international peace and security because of the dominance of national interests
of the members; its achievement in social and economic fields reveal that it was
the first organisation which spread the idea of international cooperation. It
provided for the first time a principle of collective security against the culprit
State in an international conflict.