The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-23

fore the smoke of carnage had cleared
away they were striving to obtain every
possible advantage.
i'These same selfish impulses and
shrewd politicies will continue to operate.
From the moment the league is organized
or even in the process OF it's organization,
each will seek to place its friends,
satellites and dependencies in positions
of power so that IL any question shall
arise It will find itself stoutly fortified
and prepared to secure favorable de-
cision. The British Empire Is already
fortified.
Upon many questions OF vital i'm
portance the Assembly constitutes a
tribunal with power to annul, set aside
and for nauSht hold the unanimous de-
cslons Of tho council. II can completely
paralyze the council in its most impor-
tant functions. This may be accom-
plished by any fourteen members of the
Assembly. fourteen being a majority OF
the non-council members of the AS
sembly.
settlement of Disputes.
THE most important functions of the
league, indeed. the functions which af-
forded the most substantial argument
for it's existance, are the provisions re-
lating to the settlement of international
disputes. The machinery for the carry
Ing out of these objects constitutes q
curious and involved scheme which Is
set forth in Articles XII. XIII, XIV. and
XVI. It will require some patience to
straighten out the tangled skein. II
is very labyrinth OF words. Neverthe-
less. the task Is perhaps not impossible
ARTICLE XII contains two distinct
provisions-F'irst That all disputes
likely to lead to rupture will be sub
mitted for decision either to arbitration
or to the council. Second: That there
shall be no resort to war until three
months after the decision.
'T quote: The members of the
league agree that II there should arise
between them any dispute likely to lead
to a rupture they will submit the matter
either to arbitration or to inquiry by the
council. And they agree in no case to
resort to war until three months after
the award by the arbitrators or the re-
port by the council (Article XII.).
at will be noticed that the provisions
of Article XII seem to be limited to
| Amy dispute likely to lead to rupture.
1.-THE provisions of Article XIII. are
much broader. BY its terms the mem
bers are made to agree that whenever
any dispute shall arise between them
which they recognize to be suitable fol
submission TO arbitration they will arbi'
trate the whole subject matter
1T is then expressly declared that
| first, disputes as to the Interpretation
of treaties /; second, disputes as to any
question of international law; third
| disputes as to the existence of any fact
which is established would constitute q
! breach of any international obligation,
"() Disputes as to the extent and
nature of the reparation to be made fol
any such breach of International obliga
lions are declared to be among those
which are generally suitable for submis
sion to arbitration
1.-THE above language clearly includes
! almost every international question ant
dispute, including disputes involving tn,
| vital interests of the representative coun
tries. Indeed, 1t is difficult to conceive
| of any question which can arise between
nations which Is not embraced within
| the terms set forth. When we enter thu
league we therefore solemnly agree tina
all these questions are arbitral, and w
| will submit that to either the decision
| of the board or court of arbitration Of
the council of the league.
| "QuaIihcations Are Made"
$50 far so good Up to this poin
4
of arbitration or the council of tn
league, but Article XIV. qualities and t
n large extent nulifes all these pro
visions for submission to arbitration o
to the council. This is accomplished b.
three provisions:
81. BY the provision which permit
either party to insist in the first In
stance that the case shall not be de
cided by the court of arbitration, blu
IsI.. n A. at1
"2. BY the provision which permit
either party to remove the case fror
the council to the assembly.
80. BY the provision that the council
may itself refer the dispute to the as
sembiy for decision.
1.-THE language is: "If there shoul
arise between the members OF tn
league any dispute likely TO lead to
rupture, which is not submitted to ar
,itration as above (viz, as provided il
Articles XII. and XIII). the member
Of the league agree that they will sub
NIT the matter to the council
"'Any party to the dispute may eff
feet such submission by giving motto
of the existence of the dispute TO tn
secretary general &c (Article XIV.
THE submission to the council
therefore an absolute right, and may b
accomplished by either party filing
simple notice. Thus the dispute Is trans
ferred from a tribunal of arbitration I
the council.
"rhe case being now in the council,
can be removed TO the assembly b
either one of two processes;
"First-The council may upon its ow
motion transfer the dispute to the as
sembly for decision.
"Second-Either party to the disput
may force such reference within four
teen days after submission of the dis
pute to the council by simply making
request for transfer to the assembly
The governing language of the section is
The council may in any case unde
this article refer the dispute to the as
sembly The dispute shall be so re
ferred at the request of either party I
the dispute, provided such request b
made within fourteen days after the sub
mission of the dispute to the council CAR
tlcle XVI.
Following the provisions through |
Is clear:
81. That there is an agreement to ar
bitrate or to refer to the council.
go. Either party may send the cas-
to the council by simple notice.
"S. Upon request OF either party tn
case must be removed to the assembl
for decision.
Assembly Final Authority.
''In the last analysis therefore the dis
putes mentioned in these important ar
ticles need not be and probably will no
be decided by a board or court OF arbi
traitors. Neither will they be decided b.
the council. The assembly will by ever
| zNah No fins nd hnr %