Perth Amboy evening news., 1919-06-25
THE P
ARTICLES XXI, XII, XIII
The Basic Princfpie


Article XII proclaims the great doc
tr1ne or the community of interest in
n universal maintenance of peace.
1t contains the basic principle of the
League, worked out in practical form
by the other articles, that peace and
friendly relations among nations are
the concern of all free peoples; that
these peoples are justified in protect
ing one another and in maintaining
In the world for the common
good; and that international morality,
fair dealing and respect for the rights
of others are duties which every
country owes to mankind, and which
mankind Is entitled to expect n de-
mand.
Article XII embodies the substance
of the agreement made by the Bryan
treaties with a score of nations. It
is the elimination of principles for
which the United States has long
stood. With a few exceptions, most
ly of small countries, the United States
has concluded sucf treaties with the
states named In the Annex to the Cove
nant as admitted to the League, or has
signed with them treaties which only
await formal ratification; and the
effect of this article Is to cause them to
make with m another the agreement
for arbitration before war which we
have negotiated with each of them.
Value OF Delay
This article, like the Bryan treaties,
is based upon the idea that delay is
In itself of great value quite apart
from any compulsion to abstain from
war after an award has been made.
1t removes the opportunity for a
sudden attack upon an unprepared
victim, and 1t gives q chance for a,
calm consideration OF the consequence
es of war, instead of the rush of en-
thusiasm that comes when q nation 10
plunged into a conflict without re-
Election.
But the Covenant goes farther by
attaching some compulsion to the
award, or rather by protecting the ma
ton which complies with its terms
BY Article XII the members of the
League must submit n dispute be-
tween them, likely to lead to a rup-
ture, either to arbitration or to in
curry by the Council. If they agree
that the case is suitable for arbitra-
tion they agree further by Article XIII
to carry out-the award. Now by Ar
ticie XXI OF h Covenant it is pro-
Yided hat this shall not affect the
Bryan treaties. But under those treat
les the parties are not bound to car |
out the award, and one may ask
whether this article imports an obliga-l
ton to do so. Clearly it does not. be-
cause those treaties cover c~ontroyers-
les of all sorts, including such as the
nations involved might not be willing
submit to arbitration with q duty
that kind attached. Nevertheless.
the provisions of this Covenant cer-l
tain1y prevent a nation dissatisfied
with an award under the treaty
from going to war without submitting
dispute to inquiry by the Coun-i
cll. The Bryan treaties furnish there
an additional means of reaching
an accord, without impairing the
guarantee of peace in the Covenant.
The second clause OF Article XIII
gives examples of the kind Of cues
tons deemed suitable for submission
70 arbatration. They are such as de-
upon issues of law or fact. in
oiuddng the Interpretation OF treaties.
matters that can properly be de-
by q court on strict legal prtn-
cipies. These have been termed