The Constitution at the Cross Roads: A Study of the Legal Aspects of the League of Nations, the Permanent Organization of Labor and the Permanent Court of International Justice

by Harriman, Edward A.

• ISBN13: 9781584773146
• ISBN10: 1584773146
• Format: Hardcover
• Copyright: 2003-02-01
• Publisher: Lawbook Exchange Ltd

Table of Contents

PREFACE	v
CHAPTER I. WHAT KIND OF ORGANIZATIONS DID THE PARTIES TO THE TREATY OF VERSAILLES CREATE?	19	(7)
CHAPTER II. THE OBJECTS OF THE ORGANIZATIONS	26	(6)
I. In General	26	(1)
II. The Objects of the League of Nations	26	(2)
III. The Objects of the Permanent Organization of Labour	28	(4)
CHAPTER III. MEMBERSHIP IN THE NEW ORGANIZATIONS	32	(16)
I. In General	32	(2)
II. Membership in the Organizations	34	(14)
1. Membership in the League of Nations	34	(9)
a. Original Membership	35	(2)
b. New Members	37	(2)
C. Special Membership	39	(1)
d. Termination of Membership	40	(2)
(1) Voluntary Termination	41	(1)
(2) Involuntary Termination	42	(1)
e. Suspension from Membership	42	(1)
2. Membership in the Permanent Organization of Labour	43	(5)
CHAPTER IV. THE GENERAL SCHEMES OF ORGANIZATION	48	(28)
I. Introductory	48	(1)
II. The Organization of the League of Nations	49	(14)
1. General Analysis	49	(4)
2. The Council	53	(2)
a. Composition of the Council	53	(1)
b. Meetings Of the Council	53	(1)
c. Powers of the Council	54	(1)
d. Procedure of the Council	54	(1)
3. The Assembly	55	(2)
a. Composition of the Assembly	55	(1)
b. Meetings of the Assembly	55	(1)
c. Procedure of the Assembly	55	(1)
d. Calls for Meetings of the Assembly	56	(1)
e. Place of Meetings of the Assembly	56	(1)
f. Powers of the Assembly	56	(1)
4. The Secretariat	57	(6)
a. Composition of the Secretariat	57	(1)
b. Appointment of the Secretariat	58	(1)
c. Removal of the Secretariat	58	(2)
d. Expenses of the Secretariat	60	(1)
e. Functions of the Secretariat	61	(2)
III. The Organization of the Permanent Organization of Labour	63	(13)
1. In General	63	(1)
2. The General Conference	63	(9)
a. Composition of the General Conference	63	(2)
(1) Delegates	63	(1)
(2) Advisers	63	(1)
(3) Nomination of non-government delegates and advisers	64	(1)
(4) Communication of names of delegates and advisers	64	(1)
(5) Credentials of Delegates and Advisers	64	(1)
b. Meetings of the General Conference	65	(1)
c. Procedure of the General Conference	65	(2)
(1) Speaking and Voting	65	(1)
(2) Agenda	65	(1)
(3) President and Committees	66	(1)
(4) Vote Necessary for Action	66	(1)
(5) Appointment of Experts	67	(1)
(6) Submission of Recommendations and Draft Conventions	67	(1)
d. Powers of the General Conference	67	(5)
3. The International Labour Office	72	(4)
a. Composition of the Governing Body	72	(1)
b. Term of Office of the Members of the Governing Body	72	(1)
c. Vacancies in the Governing Body	72	(1)
d. Meetings and Procedure of the Governing Body	72	(1)
e. The Director	73	(1)
f. Communication with the Director	73	(1)
g. The Staff	73	(1)
h. The Deputy-Director	73	(1)
i. The Secretary General of the League of Nations	74	(1)
j. The Functions of the International Labour Office	74	(26)
(1) To Collect and Distribute Information	74	(1)
(2) To Prepare the Agenda	75	(1)
(3) To Deal with International Disputes	75	(1)
(4) To Publish a Periodical	75	(1)
(5) Generally	75	(1)
CHAPTER V. THE EXECUTIVE POWER	76	(6)
I. In the League of Nations	76	(4)
1. In General	76	(1)
2. Executive Action by the Council	76	(2)
3. Executive Action by the Assembly	78	(1)
4. Executive Action by the Permanent Court of International Justice	79	(1)
5. The Executive Powers of the Secretary-General and the Secretariat	79	(1)
6. Executive Action by Members of the League	79	(1)
II. The Executive Power in the Permanent Organization of Labour	80	(2)
CHAPTER VI. THE LEGISLATIVE POWER	82	(18)
I. In the League of Nations	82	(10)
II. The Legislative Power in the Permanent Organization of Labour	92	(5)
III. The Codification of International Law	97	(3)
CHAPTER VII. THE JUDICIAL POWER	100	(42)
I. In the League of Nations	100	(27)
A. THE PERMANENT COURT OF INTERNATIONAL JUSTICE
1. The Origin of the Court	100	(1)
2. The Nature of the Court	101	(1)
3. Organization of the Court	102	(5)
a. General Requirements for the Judicial Office	102	(1)
b. Number of Judges	103	(1)
c. Nominations of Judges	103	(1)
d. Election of Judges	104	(2)
e. Term of Office of Judges	106	(1)
f. Filling Vacancies	106	(1)
g. Removal of Judges	106	(1)
h. Qualification of Judges for Office	106	(1)
i. Restriction on Activities of Judges	106	(1)
j. Officers of the Court	107	(1)
4. Seat of the Court	107	(1)
5. Sessions of the Court	107	(1)
6. Procedure of the Court	108	(9)
a. What Judges Are to Sit	108	(1)
(1) In general	108	(1)
(2) In Labour cases	109	(1)
(3) In cases relative to Transit and Communications	110	(1)
b. Languages	111	(1)
c. How cases are brought before the Court	111	(1)
d. Provisional Measures	111	(1)
e. Representation of Parties	112	(1)
f. Court proceedings--oral and written	112	(1)
g. Service of notices	112	(1)
h. Hearings	112	(1)
i. Records	112	(1)
j. Orders for the conduct of the case	113	(1)
k. Demand for documents or explanations	113	(1)
l. References	113	(1)
m. Examination of witnesses and experts	113	(1)
n. Closing of evidence	113	(1)
o. Default	113	(1)
p. Closing of hearing	114	(1)
q. Deliberations of the Court	114	(1)
r. Decision of questions	114	(1)
s. Judgments	114	(1)
t. Effect of Judgments	114	(1)
u. Revision of Judgments	115	(1)
v. Intervening parties	116	(1)
w. Costs	116	(1)
x. Summary procedure	116	(1)
7. Competence of the Court	117	(3)
a. As to Parties	117	(1)
b. As to Subject-matter	117	(3)
8. What Law Governs in the Permanent Court	120	(3)
9. Expenses of the Court	123	(4)
B. THE JUDICIAL FUNCTIONS OF THE COUNCIL
C. THE JUDICIAL FUNCTIONS OF THE ASSEMBLY
II. The Judicial Power in the Permanent Organization of Labour	127	(6)
1. The Council of the League of Nations	127	(1)
2. Commissions of Inquiry	128	(1)
3. The Permanent Court of International Justice	128	(5)
III. The "Advisory" Function of the Permanent Court of International Justice	133	(3)
IV. The Relation of the United States to the World Court	136	(6)
CHAPTER VIII. THE OBLIGATIONS OF MEMBERS	142	(36)
I. In General	142	(1)
II. Obligations of Members of the League of Nations	143	(22)
1. Legal Obligations	143	(20)
a. Positive Obligations	143	(13)
(1) To pay expenses	143	(1)
(2) To protect other Members of the League	144	(5)
(3) To submit disputes to arbitration or to inquery	149	(1)
(4) To comply with the awards of the arbitrators	150	(1)
(5) To comply with the judgments of the Permanent Court of International Justice	150	(1)
(6) To sever relations and to prevent intercourse with another Member resorting to war in disregard of its covenants under article 12, 13 or 15	150	(1)
(7) To contribute armed forces	151	(1)
(8) To furnish mutual support against a covenant breaking Member	152	(1)
(9) To afford passage to troops and forces co-operating to protect the covenants of the League	153	(1)
(10) To act against non-members refusing to accept the obligations of membership in the League	153	(2)
(11) To register treaties	155	(1)
(12) To procure release from obligations inconsistent with the Covenant	155	(1)
(13) To place international bureaus and commissions under the direction of the League	155	(1)
(14) To interchange information as to armaments	155	(1)
(15) To entrust the League with the general supervision of certain international traffic	156	(1)
b. Negative Obligations	156	(7)
(1) To limit armaments	156	(5)
(2) To respect as against external aggression the territorial integrity and existing political independence of all members of the League	161	(1)
(3) Not to resort to war for a limited period after arbitration or action by the Council	161	(1)
(4) Not to resort to war against a Member complying with the awards of the arbitrators	161	(1)
(5) Not to go to war with any Member complying with the recommendations of the Council	161	(2)
(6) Not to enter into obligations inconsistent with the Covenant	163	(1)
2. Moral Obligations	163	(2)
a. To prevent the evil effects attendant upon private manufacture of munitions	163	(1)
b. To reduce national armaments	163	(1)
c. To follow the advice of the Council upon the means of which Article 10 shall be fulfilled	163	(1)
d. To contribute armed forces to protect the Covenants of the League	164	(1)
e. To act as mandatory under Article 22	164	(1)
f. To improve labour conditions	164	(1)
g. To secure just treatment of natives	164	(1)
h. To secure and maintain freedom of communications and of transit, and equitable treatment of the commerce of all Members of the League	164	(1)
i. To prevent and control disease	165	(1)
j. To encourage Red Cross organizations	165	(1)
III. Obligations of Members of the Organization of Labour	165	(13)
1. Legal Obligations	166	(10)
a. Positive Obligations	166	(10)
(1) To pay certain expenses	166	(1)
(2) To nominate non-Government Delegates to the General Conference of Representatives of the Members	166	(1)
(3) To communicate the names of the Delegates and their advisers to the International Labour office	166	(1)
(4) To bring the recommendation or draft convention proposed by the General Conference before the authority or authorities within whose competence the matter lies for the enactment of legislation or other action	167	(1)
(5) In the case of a recommendation, to inform the Secretary-General of the action taken	167	(1)
(6) In the case of a draft convention, if the Member obtains the consent of the authority or authorities within whose competence the matter lies, to communicate the formal ratification of the convention to the Secretary-General	167	(1)
(7) To take such action as may be necessary to make effective the provisions of the convention so ratified	167	(1)
(8) To communicate to the Secretary-General of the League of Nations any convention which, though failing to secure the support of two-thirds of the votes cast by the Delegates present when coming before the Conference for final consideration has been agreed to by any of the Members of the Permanent Organization under Article 407	168	(1)
(9) To make an annual report to the International Labour Office	169	(1)
(10) To nominate three persons of industrial experience for the panel from which Members of any commission of enquiry may be drawn under Article 412	169	(1)
(11) To furnish to the Commission of Enquiry all the information in their possession which bears upon any complaint under Article 411	169	(1)
(12) To notify the Secretary-General as to acceptance or rejection of the report of the Commission of Enquiry	170	(1)
(13) To discontinue punitive measures against a defaulting government when the default is officially condoned	170	(1)
(14) To apply conventions to colonies, etc.	170	(5)
(15) To notify the International Labour Office of action taken in regard to colonies, etc.	175	(1)
(16) To refer disputes to the Permanent Court	175	(1)
b. Negative Obligations	176	(1)
2. Moral Obligations	176	(2)
CHAPTER IX. SANCTIONS	178	(18)
I. In the League of Nations	178	(6)
1. Suspension of the Right of Withdrawal from Membership	179	(1)
2. Enforcement of Guarantees	179	(1)
3. Means advised by the Council for the Enforcement of Obligation of Members under Article 10	180	(1)
4. Action of the League to Safeguard the Peace of Nations under Article 11	180	(1)
5. Action to Enforce an Award under Articles 12 and 13	181	(1)
6. Publicity by the Council as to Disputes Submitted under Article 25	181	(1)
7. Publicity by a Member of the League Represented on the Council as to Disputes Submitted under Article 15	182	(1)
8. Action by Individual Members of the League as to Disputes Submitted under Article 15	182	(1)
9. Severance of Relations under Article 16	182	(1)
10. The use of Armed Forces under Article 16	182	(1)
11. Joint action by Members for Mutual Support under Article 16	183	(1)
12. Expulsion from Membership	183	(1)
13. Suspension of Treaties until Registered	183	(1)
II. In the Permanent Organization of Labour	184	(12)
CHAPTER X. THE CONSTITUTIONAL RIGHTS OF MEMBERS	196	(4)
I. Under the Covenant of the League of Nations	196	(1)
II. In the Permanent Organization of Labour	197	(3)
CHAPTER XI. THE CONSTITUTIONAL RIGHTS OF INDIVIDUALS	200	(8)
I. In General	200	(2)
II. In the Covenant of the League	202	(2)
1. Mandatories	202	(1)
2. General Welfare	203	(1)
III. In the Permanent Organization of Labour	204	(4)
CHAPTER XII. DIPLOMATIC IMMUNITY	208	(4)
I. In the League of Nations	208	(2)
II. In the Permanent Organization of Labour	210	(2)
CHAPTER XIII. MANDATORIES	212	(6)
CHAPTER XIV. CONSTITUTIONAL AMENDMENTS	218	(5)
I. In General	218	(1)
II. Amendments of the Covenant of the League of Nations	218	(2)
III. Amendments of the Constitution of the Organization of Labour	220	(3)
APPENDIX
Covenant of the League of Nations (Part I of the Treaty of Versailles)	223	(15)
Permanent Organization of Labour (Part XIII of the Treaty of Versailles)	238	(17)
Permanent Court of International Justice	255