Daily capital journal. (Salem, Oregon) 1903-1919, 1919-06-27
ARTICLES XI, XII, XIII
The Basic Principle

IHe bdSlC EInClple
Article NJ proelaims the great doe
trine of the community Of interest in
the universal maintenance Of peace. 1t
contains the basic principle of the
League, worked ont in practical form
by the other articles, that peace and
friendly relations among nations are
the concern of all free peoples; that
these people are justified in protecting
one another and in maintaining order
in the world for the common .Ood;
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 and demand
Article MI embodies the substance
of the agreement made by the Bryan
treaties with Il score of nations. 1t is
the elimination of principles for which.
the United States has long stood With
a few exceptions, mostly Of small eoun-
tries, the United States has concluded
such treaties with the state named in
the annex to the covenant as admitted
to the League, or has signed with tnem
treaties which only await formal latifi-
cation; ana tae elfect IA t,as afll,.t "a
to cause them to make with one 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 re-
moves the opportunity for a sudden at
tack upon an unprepared victim, and
il gives chance for a calm considera-
tion Of the consequences of war, in
stead Of the rush Of enthusiasm that
comes when a nation is plunged into a
conflict without reflection.
But the covenant goes farther by at;
taching some eompulsion to the award,
or rather by protecting the nation
which complies with its terms. BY Ar
ticle XII the members Of the League
must submit any dispute between them,
likely to lead to a rupture, either to ar
bitration or to inquiry by the council.
If they agree that the case is suitable
for arbitration they agree further by
Article XIII to carry out the award.
Now by Article XXI of the covenant
it is provided that this shall not af-
feet the Bryan treaties. But under
those treaties the parties are not bound
to carry out the award, and one may
ask whether this article imports an OBJ
legation TO do so. Clearly it does not,
because those treaties cover eontrover-
sizes of all sorts, including such as the
nations involved might on be willing
to submit to arbitration with a duty
of that kind attached. Nevertheless,
the provisions of this covenant certain
y prevent nation dissatisfied with
an award under the treaty from going to
war without submitting the dispute 70
inquiry by the council. The Bryan trea-
ties furnish therefore an additional
means of reaching an accord, without
mpairing the guarantees Of peace in
the covenant.
The second clause Of Article NH
gives examples of the kind Of questions
deemed suitable for submission 70 arbi-
,rutiou. They are such as depend upon
issues Of law or fact, including the in
terpretation Of treaties, matters that
can properly be decided by a court on
strict legal principles. These have been
termed iusticiable questions, in contra
distinction to those which are not pure
" legal but involve divergeneies Of ma
tional interests and policy, which are
political in their nature and must be
adjusted or compromised on grcunds Of
international fair dealing and expedi,
ency.
Question of Jurisdiction.
These two classes Of questions had
better not be confused, but each re.
ferred to the body most appropriate
( for its consideration; but q difficulty
may arise in deciding whether a ques-
tion Is iustieiable OF not One OF the
parties may wcl claim that an act per
formed or threatened by the other,
while not strictly a breach OF interna
tional law, is one which affects its viz
tai interests or security, and that to
submit the question to tribunal to de-
eide on purely legal grounds is 10 aban-
don lis claim. II Turkey, for example,
had proposed before the war to transfer
10 Germany a tract Of land near the
suez canal, England would have had no