Evening star., 1924-10-02
Nv rho Aepo,;atad Draaa


disputes" is a document containing
a preamble and 81 clauses.
The preamble sets forth that one
of its purposes is the realization of
the reduction of national armaments
to the lowest point consistent with
national safety and the enforcement
by common action of international
obligations.
The most important clauses are
those which interpret and strengthen
the League of Nations covenant, pro-
vide a system for the fininE of an
aggressor state, and machinery for
the arbitra ion of all and any dis
putes Whici; may arise, thus paving
the way to what former Premier
BRAND, in his speech, called making G
war on war"
Agreement on War.
Article III says: The signatory
states agree in ne case to resort to
war, either with one another. or
against state which. if occasion
arises, accepts all the obligations
hereafter set out. except in case of
resistance to acts of aggression, or
when acting in agreement with the
council or assembly of the League of
Nations in accordance with the pro-
visions of the covenant and the pres
ent protocol"
Article III commits the sgnatories
to the acceptance of the compulsory
arbitration clause of the World Court.
reservations are permitted, but ac-
cession must be given within month
after the protocol enters into force.
Article " on arbitration completes
the provisions of Article XIV of the
league covenant as follows: "If a dis
pute submitted to the council is not
nrnVidad in,
graph 3, Article XIV, the council shall
ende avor to persuade the parties to
submit the dispute to judicial settle
ment or arbitration. If the parties
cannot agreed to do so, there shall, at
! the request of at least one of the par
ties, be constituted a committee of
arbitrators. This committee shall, so
[ far as possible, be constituted by
| agreement between the parties.
When Council May Act.
IF within the period fixed by the
council the parties have failed to
agree, in whole or in part, upon the
number of names and powers of the
arbitrators. and upon the procedure,
the council shall settle the point re-
| naming in suspense. 1t will, with
the utmost possible dispatch. select,
| IN consultation with the parties. the
| arbltrators and their president from
| among persons who, by their nation
| atty, their personal character and eX-
| perience, appear to furnish the high
| est guarantee of competence and i'm
| partiality.
"After the claims of the parties
| have been formulated the committee
! of arbitrators upon the request of
any party, shall, through the medium
of the council, request advisory opin-
ion upon any points of law in dispute
! from the Permanent Court of Inter
! national Justice. If none of the par
ties asks for arbitration the council
shall again take the dispute under
consideration. If the council reaches
a report which is unanimously agreed
| to by the members thereof, other than
representatives of any of the parties
| to the dispute. the signatory states
agree to comply with the recommen-
dations therein. If the council fails to
reach a report which is concurred in
by all the members other than repre-
| sentatives of any Of the parties to the
dispute. it shall submit the dispute to
arbitration.
Must Accept Report.
I'm no case may a solution upon
which there has already been a unani-
nous recommendation by the council
and which has been accepted by one
of the parties concerned be again
called into question. The Signatory
states undertake to carry out in full
and in good faith any judicial SEN
tence or arbitral award that may be
rendered and will comply with the
solutions recommended by the coun-
Gil.
I'm the event of state falling to
carry out the above undertakings the
council shall exert all influence to OBJ
tain compliance Herewith. If it fails
| therein it shall propose what sters
should be taken to give effect thereto,
in accordance with the provisions
contained a the end of Article XIII
of the covenant. Should a state, in
disregard of the above undertakings,
resort to war, sanctions provided for
interpreted in the manner indicated
by the protocol, shall Immediately
become applicable to it,"
Clause V, 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 in
proceedings before the council. If in
the course of arbitration one of the
parties claims that the dispute, or a
part thereof, arises out of a matter
within the domestic jurisdiction of
that party, the arbitrators shall on
this point take the advice of the Per-
manent Court of International JUS
tice, through the medium of the coun-
ell. The opinion of the court shall be
binding upon the arbitrators, who, if
the opinion is affirmative, shall con-
fine themselves to so declaring in
their award If the question is held
by the court or council to be a mat
ter solely within the domestic juris-
diction of the state, this decision
shall not prevent a consideration of
bly, under Article XI of the covenant" "
Curb on ArmamentS.
By Article VII. If the dispute
arises. the states agree that before
submitting the same to arbitration
or during arbitration they will not
! increase their armaments as regu-
lated by next years conference
| Authority is provided to investigate
whether increases occur, and any
guilty state will be summoned by
| the council. If it refuses to obey the
summons the council by a two-thirds
majority. may decide upon measures
| to end the situation threatening
! peace.
Article IX recommends the estab-
| lishment of demilitarized zones.
Article y, defining an aggressor
which was also amended at the re-
| quest of the Japanese, says:
"A state which resorts to war ir
| violation of the undertaking con-
| tanned in the covenant or in the
present protocol, is an agressor. Vic.
lation of the rules laid down in de-
militarized , zones shall be held as
| equivalent to resort to war. 1r
the event of hostilities having brok-
en- ont any state shall be preSum eC