The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-10-02

/ ti0n. The signatOry states under
/ take 20 carry out In full and In
good faith and judicial sentence or
| arbitral award that may be rem
dered and win comply with the So
buttons recommended by the coun-
Gil.
"In the event of a state failing to
carry out the above undertakings, the
council shall exert all influence to OBJ
tain compliance Herewith. II 1t fails
therein, it shall propose what steps
should be taken to give effect thereto,
In accordance with the plans contained
at the end of Article XIII of the cove
nant. Should state, in disregard OF
the above undertakings, resort to war,
sanctions provided for by Article XVI
/ of the covenant and interpreted In the
same manner indicated by the protocol,
shall Immediately become applicable to
| it."
To Take Courts Advice
/ Clause ", on domestic jurisdiction,
which was amended at the request OF
the japanese, says the provisions OF
paragraph VIII, Article XIV, of the
covenant, shall continue to apply to
proceedings before the council. II, m
1.-The course of arbitration, one of the
| phEtleS cOuJtlluB tnAL JAl6 uASPubCp Va a
part thereof, arises out of matter
which, by international law, Is solely
within the domestic jurisdiction of the
party, the arbitrators shall on this
point, take the advice Of the permanent
court Of international justice, through
1.-the medium of the council.
i The opinion Of the court shall be
binding upon the arbitratOfs, who,
I If the opinion Is affirmative, shall
T confine themselves to so declaring
I In their award. II the question is
|, held by the court or council to be q
matter solely within the domestic
jurisdiction of the state, this de-
eision shall not prevent q consid-
GRAFTON of the situation by the
|. council or assembly under Article
XXI Of the covenant.
BY Article VII, if dispute arises,
the states agree that, before submit
ting the same to arbitration or. during
arbitration, they will not increase their
/ ornaments as regulated by next years
| conference
Il Authority Is provided to Investi.
4 gate whether increases occur and
y any guilty state will be summoned
f by the council. III it refuses %
obey the summons, the council. by
+, twO-thirds. ma jOrity. may decide
| upon measures to end the situation
threatening peace n
Article TX recommends the establish
ment of demilitarized zones, Article X,
defining an. aggressor, which also was
amended at the request of the Japanese,
says:
Aggressor Defined
"a state which resorts to war in
violation of the undertaking contained
in the covenant or in the present
| protocol is an aggressor. Violation Of
the rules laid down in demilitarized
zones shall be held as equivalent to n
| resort to war. In the event of hos
Utilities having broken out, any state
shall be presumed t0.be an aggressor
unless a decision of the council, which
must be taken unanimously, shall other
wise declare; if it has refused to SUBJ
NIT the dispute to the procedure OF
pacific settlement provided by Articles
XIII and XIV OF the covenant, ampli-
fled by the present protocol, or comply
I with the judicial sentence or arbitral
award with the unanimous recommended
| ton of the council, or has disregarded
the unanimous report of the council or
a Judicial sentence or arbitral award
recognizing that the dispute between it
and the other belligerent states arises
out of matter. which by international
law. is solely within the domestic iuris-
diction of the latter states.
Nevertheless, in the last case. the
state shall only be presumed to be an
aggressOr If 1t has not previously sub.
mitted the question to the council or
assembly in accordance with Article XII
of the covenant, also IL it has violated
provisional measures enjoined by the
council for the period while the pro-
ceedings are in progress, as contem-
plated in Article VII Of the protocol.
May EnjOin Armistiee
apart from the cases dealt with
above, il the council does not at once
succeed in determining the aggressor, it
shall be bound to enjoin upon the bel
ligerents an armistice and shall fix the
terms, acting if need be by two-thirds
| majority, and shall supervise the execu-
ton. Any belligerent which has re-
fused to accept the armistice, or has
violated its terms, shall be deemed an
aggressor.
''The council shall call upon the
Bignatory states to apply forthwith
against the AGGRESSION the sanctions
provided by Article XII Of the pres.
emit protocol and any signatOry
state thus called upon shall there
upon be entitled to exercise the
rights Of q belligerent."
Article XI on sanctions declares that
as soon as the council has called upon
signatory states to apply sanctions, the
obligations Of the states in regard to
sanctions Of all kinds mentioned in Ar
/ LII Il
diately. become operative for employ
meDt. The article continues
Obligations Of States
"Those obligations shall be inter-
preted as obliging each of the signatory
states to cooperate Loyalty and effec-
lively to support the covenant of the
league of nations and, in resistance to
any act of aggression, in a degree ac-
cording to its geographical position and
its particular situation as regards ar
maments, -
"In accordance with Paragraph
HI, Article XVI, Of the covenant,
the signatOry states agree jointly
and severally to the undertaking to
come to the assistance Of the state
attacked or threatened and to give
each other mutual support by means
Of the facilities Of reciprocal ex-
changes as regards provision Of raw
materials and supplies Of every
kind, openings of credits, transport
and transit, and for this purpose to
take all measures in their power to
). preserve the safety Of communion
ton by land and sea Of the at
tackled or the threatened state. II
both parties 60 the dispute are ag-
RreSsQrs S,stllin the meaning Of Ar
tiels n, economic and financial