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9781584773146

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
  • ISBN13:

    9781584773146

  • ISBN10:

    1584773146

  • Format: Hardcover
  • Copyright: 2003-02-01
  • Publisher: Lawbook Exchange Ltd

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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

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