The League of Nations

by Pollock, Frederick

• ISBN13: 9781584772477
• ISBN10: 1584772476
• Format: Hardcover
• Copyright: 2003-12-01
• Publisher: Lawbook Exchange Ltd

Table of Contents

BOOK I.-Introductory.
CHAPTER I. THE OLDER EUROPEAN ORDER.
War, peace and government	1	(2)
Arbitration in the Middle Ages	3	(1)
Early federal alliances	4	(1)
Plans of general confederation	5	(3)
Early international law: Balance of Power	8	(2)
The system of the Congress of Vienna	10	(1)
The Crimean war and after	11	(2)
Later European Congresses	13	(2)
Dissolution of the Concert in 1908	15	(1)
Summary of stages in the political system before 1914	15	(2)
Note A.-Treaty between Henry II. of England and Philip II. of France	16	(1)
CHAPTER II. METHODS OF INTERNATIONAL ARBITRATION.
Ancient practice revived in modern times	17	(1)
Standing treaties	18	(1)
Arbitration distinguished from mediation	19	(1)
Its judicial character	20	(2)
Imperfection of transitory jurisdiction	22	(2)
Neither awards nor judicial decisions infallible	24	(1)
Pretended necessity of war	25	(3)
Law and reason in international arbitration	28	(2)
Rules not wanting as alleged	30	(1)
Compromise in decisions	31	(1)
Free choice of arbitrators	32	(1)
The Alabama ease	33	(1)
Its effect in reviving arbitration	34	(1)
Composition of arbitral tribunals	34	(2)
Form of arbitration treaties	36	(3)
Treaties of unlimited reference to Peace Commissions	39	(9)
Note B.-Conventions made by Great Britain with France and the U.S	40	(3)
Note C.-Peace Commission treaty between Great Britain and the U.S	43	(5)
CHAPTER III. THE HAGUE TRIBUNAL.
The Peace Conference of 1899	48	(2)
of 1907	49	(1)
The Convention as to settlement of disputes	50	(1)
Special commissions and reports: the Dogger Bank case	51	(2)
The danger averted	53	(1)
Provisions for arbitration	53	(3)
Procedure	56	(2)
Summary procedure	58	(1)
Is the Tribunal a court of justice?	58	(2)
Project of a permanent judicial court	60	(4)
The German attitude	64	(1)
Renewal of the scheme in 1914	64	(2)
CHAPTER IV. THE LEAGUE IN SIGHT.
Methods of settling disputes down to 1914	66	(1)
Expectations of improvement	67	(2)
Federalist theories	69	(1)
Foundation of the American League to enforce Peace	70	(2)
Militarist and pacifist extreme views	72	(1)
British and Continental societies	73	(1)
Allied societies in conference	74	(1)
Agreement of the Western Allies in the principle	74	(1)
Lord Parker of Waddington's last speech	75	(2)
Question as to manner and time of constituting the League	77	(1)
Gen. Smuts's pamphlet	77	(2)
American unofficial draft	79	(1)
Existing general conventions for common objects	80	(1)
The Postal Union	81	(1)
The Institute of Agriculture	82	(1)
Eventual control of the League	83	(4)
Note D.-List of societies	83	(4)
BOOK II.-The League in Being.
CHAPTER V. THE CONSTITUTION OF THE LEAGUE.
Unexpected results of the war of 1914	87	(1)
Formation of the League of Nations	88	(2)
The Covenant and the official commentary (Art. 1)	89	(1)
No super-State	90	(1)
Members of the League	91	(1)
Joining members	92	(2)
Withdrawal	94	(2)
Assembly and Council (Art. 2)	95	(1)
Composition of Assembly	96	(1)
Selection of delegates free to every State	97	(2)
Meetings of Assembly; voting power (Art. 3)	98	(1)
Representation of British Empire	99	(2)
Meetings and powers	101	(3)
Composition of the Council (Art. 4)	101	(3)
Representation of new members and of specially interested Powers	104	(1)
Unanimity generally required: procedure (Art. 5)	105	(1)
Majority powers in exceptional cases	105	(2)
Agreement of members represented at meeting, why sufficient	107	(1)
Committee work	107	(2)
The Secretariat (Art. 6)	109	(1)
Why none for British Empire?	109	(3)
Seat of the League: appointments open to women (Art. 7)	110	(2)
CHAPTER VI. RESTRAINT OF WAR.
Armaments plans for reduction: revision: private manufacture: exchange of information (Art. 8)	112	(1)
No compulsory disarmament	112	(1)
Failure of the Hague Conferences to deal with the problem	113	(1)
Future work of the Council	114	(1)
Private manufacture of war material	115	(1)
Modes of regulation	116	(1)
Prohibited means of offence: poison	117	(2)
The Commentary on exchange of information	119	(1)
Compulsory service not dealt with	120	(2)
A dvisory Commission on military, naval and air questions (Art. 9)	122	(1)
No General Staff created	123	(1)
Functions of the Commission	124	(1)
French position and proposed amendments	125	(3)
Integrity and independence of members to be preserved against external aggression (Art. 10)	127	(1)
Limits of guaranteed protection	128	(1)
Council must be unanimous in advice	128	(1)
No new Holy Alliance	129	(3)
Action in case of war or danger of war (Art. 11)	130	(2)
Importance of an-instrument ready for action	132	(2)
CHAPTER VII. JUDICIAL PROCESS AND SANCTIONS.
Agreement to submit disputes for arbitral award or inquiry by Council (Art. 12)	134	(1)
Reference of disputes to arbitration and performance of award (Art. 13)	135	(1)
Scope of discretion to refer questions	136	(1)
What questions justiciable	137	(1)
Choice of tribunal	138	(1)
Execution of award	138	(2)
Permanent Court to be established (Art. 14)	139	(1)
Composition of the Court	140	(1)
Competence	141	(3)
Submission of non-justiciable disputes to Council; power of Council to refer to Assembly (Art. 15)	142	(2)
Possible use of committees	144	(1)
Publicity	145	(2)
Sanctions against war in breach of Covenant (Art. 16)	146	(1)
Commercial blockade of offending State	147	(1)
"Pacific" blockade obsolete	148	(1)
Council has no compulsory power	149	(1)
Security for prompt co-operation to be desired	149	(3)
A cosmopolitan army not practicable	152	(3)
Proceedings as to States not members (Art. 17)	154	(1)
The League as general guardian of peace	155	(6)
CHAPTER VIII. THE LEAGUE IN PEACE.
Registration of future treaties (Art. 18)	161	(1)
Revision of treaties, etc. (Art. 19)	162	(1)
General revision of law of nations	162	(3)
Obligations inconsistent with Covenant abrogated (Art. 20)	163	(1)
Saving of recognised engagements and understandings (Art. 21)	164	(1)
The Monroe Doctrine	165	(4)
Mandates (Art. 22)	166	(3)
The Secretariat's duty	169	(5)
Co-operation in matters of labour, traffic, public health (Art. 23)	170	(2)
International commissions transferred to direction of the League (Art. 24)	172	(1)
Red Cross work (Art. 25)	173	(1)
Amendments to the Covenant (Art. 26)	174	(1)
Annex (original members and invited States)	174	(1)
The spirit of the League	175
APPENDIX.
I. The draft agreement for a League of Nations of Feb. 1919	177	(12)
II. The Covenant	189	(15)
The Commentary	204	(15)
III. The German scheme for a League of Nations	219	(12)
IV. The International Civil Court	231	(4)
V. The two branches of the Monroe Doctrine	235	(2)
VI. The Fourteen Points, etc	237