The sun., 1919-08-07
FIVE COVENANT JoKERS.
Enforcement, Arbitration, Disarma.
ment Psrmanency and Amendments.

EuFOfCement, ATDltratlOn, DlbhEmas
ment Permanently and Amendments.
To THE EpfroR OF THE suN--Sir. II
covenant back to tho Peace Conference
for the acceptance of our reservations,
why should we not also endeavor to re-
move a number of the jokers and endow
II with an efficacy a little in advance
Of the Hague conventions just no as to
feel that something in the way Of
Strengthening the judicial basis Of In
ternational relationship had been
achieved through the price paid for the
war. Here are a few Of the jokers:
1. The Enforcement Joker: The new
provision in Article v. sets forth "Ex-
eopt where otherwise expressly provided
In this covenant or by the terms OF this
treaty. decisions at any meeting Of the
assembly or of the council shall require
the agreement OF all Of the members OF
the League represented at the meeting"
Although express exceptions are made
as to voting by the representatives Of
nations which are parties to a dispute
at the trial (Article ". fifth and ninth
paragraphs), those of the condemned
nations do not lose their seats in the
council or assembly. and their simple
failure TO vote upon the penalty will
block Its enforcement under Article XVI.
Q. The Arbitration Joker The phrases
regarding arbitration (Articles XII. and
KILL have no force The nation that
does not wish to arbitrate has only to
do nothing in order to Illustrate the wish
I,1N NhA thaN nn 10 a
then no alternative in seeking relief but
to carry its grievance before the council
or the assembly for decision, and, as the
appo!ntees in these bodies will be poll
| ticiaus. and not jurists. 1t cannot expect
a decision based on law. Arbitration. is
left dependent upon the willingness Of
all parties so to do. just as It stands
under the Hague convention, or as II
would stand were there no convention.
3. The Disarmament Jokeri The
phrases regarding disarmament are like
wise without force. There Is only one
plan. It has been maintained, upon
which an agreement can be reached as
to disarmament: horizontal elimination
| VI all ships of war over a certain size
| and power and a reduction Of land forces
to certain percentage of the popula-
| ticn. This can be set forth now in a
few short lines in the covenant. The
plan of referring the question to differ
emit bodies requiring unanimous action
Is only a scheme to prolong hope and
| shows an intention to accomplish no re-
| ductlon.
| 4. The Permanent Court Jokeri The
Second Hague Convention was continued
| for weeks to enable the committee to
devise a plan for the selection of judges
for such court. 1t finally provided fol
everything but the judges and adjourned
after recommending that the tribunal be
established when the nations should
agree upon method of appointing
Judges" Diplomacy has attempted since
TO solve tho question in vain; the COM
mittee of four evidently could not dc
so and passed 1t along to the council
| (Article XIV, and the council. pro
vlsionally organized, has, 1t Is reported
manifested its inability by issuing a re-
quest to jrrisconsults of note to submit
their ideas regarding the subject.
| 5. The Amendment Joker: The pro
vision for amendment requires the rati'
| fcation by all of the members of tbs
League whose representatives compose
| the council. Can such unanimity evel
be expected in body of the size OF
nine. whose interests will always diffei
and conflict, unless accompanied by the
most shameful trading of rights on eacf
occasion to satisfy the most avariciou:
member? WILLIAM H BLYMYKR.
NEW York, August 8,