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Show REVISED COMPACT OF NATION LEAGUE j i i AMENDED COVENANT PRESENTED i TO PLENARY SESSION OF THE PEACE CONFERENCE. Numerous Changes Have Been Made In Instrument as Originally Presented. Pre-sented. Original Members Are Nations Which Declared War On Germany. Washington. -The stiit; department A as made public 1W toxt of the revised covenant of t lie league of nations, presenled o Hit; plenary session of the peace conference at I'a ris. The text follows, wilh parenllietical insertions inser-tions showing changes innilo in the covenant as originally drafied and xnnde public : Covenant of League f Nations In ornVr to promote international coopern-fcion coopern-fcion ami to iiclueve inter national peace ant! Mcurity, by the accent nm:u of obligation not o resort to war, hy the prcnrriplion of open, Just and honorable relution.-i between nations, by the firm establishment of the underatami-intcn underatami-intcn of intornatiomtl law as to actual rule ml r'l-nliict amnnu RovernmenU. and by the tnti n ; tin 'ice of justice and a scrupulous rc-yei.L rc-yei.L f. r nil treaty obliationrf in the (Jealins .1 i to;)l.i with one another, the kijrh cruuract ' n-f parties aree to this covenant cove-nant of the league of nations. (In the original preamble the last sentence sen-tence read, "adopt this constitution" instead f "auree to this covenant.") Membership tif Lcajrue. ARTICLE I The original members of the league of nations shall be thorn; of the s imitator im-itator ies whii-li are mimed in the annex to Ihis covenant ond also such of those other atates named in the annex ns shall hi-cloV Without re.:t rvatin to this covenant. Sueh ooeanion shall be ef fee led hy a declaration dapotiited with the secretariat within two months of t he coming into force of the covenant. cov-enant. Notice thereof shall he sent to all titer members of the league. Any fully aclf-jrnvernint? slate, domain or colony not named in the annex, may become a member of the league if its admission is agreed to by two-thirds of t he assembly, pru-vidod pru-vidod that it shall tfive effective guarantees of its sincere in ten Lion to oL-ierve its international inter-national obligations and nhall accept such regulations as may be prescribed by the leajrue in regard to iU military and naval forces and armuments. May Withdraw After Two Years. Any member of the league may,' after two years' notice of its intention so to do, withdraw with-draw from the I en Kite, provided that all its international obligations and all its obligations obliga-tions under this covenant shall have been fulfilled ful-filled at the time of its withdrawal. (This article in new, embodying with altcr- at ions and additions the old Article VII. t It provides more specifically the method of admitting new members and adds the entirely new paragraph providing for withdrawal from the league. No mention of withdrawal was made in the original document. ) ARTICLE J I The act ion of the league under un-der this covenant shall bo effective through ihe instrumentality of an assembly and of a council, wilh permanent- secretariat. (Or iginaliy this was a part of Article I. It gives the name "Assembly" to the gathering gather-ing of representatives of t he members of the league, formerly referred to merely as "the body of delegates.") ARTICLE III The assembly shall consist f representatives of the members of the league. The assembly shall meet at stated intervals nd from time to time as occasion may require, re-quire, at the seat of the league, or at suih ther place as may be decided upon. The assembly may deal at its meetings with any matter within the sphere of action of the league or affecting the peace of the world. At meetings of the assembly each member af the league shall have one vote and may kave not more than three representatives. (This embodies parts of the original Articles 1, II and III with only minor changes. It refers to "members of the league" where the term "high contracting parties" originally was used and this change is followed throughout through-out the revised draft.) Makeup of New Council ARTICLE IV. The council shall consist or representatives of the United, States of America, Amer-ica, of the British Empire, of France, of Italy, and of Japan, together with repre-aentativerf repre-aentativerf of four other members of the league. These four members of the league hall be selected by the assembly from time o time in its discretion. Until the appointment appoint-ment of the representatives of the four members mem-bers of the league first selected by the as-mmb'y, as-mmb'y, representatives of blank) shall be members of the council. . With the ayproYal of the majority of the assembly, the council may name additional members of the league whose representatives hall always be members of the council ; the Council with like approval may increase the umber of members of the league to be elected by the assembly , for representation an the council. The council shall meet from time to time as occasion may require and at least once a fear, at the seat of the league, or at such Other pin e as may be decided upon. The cvincil may deal at its meetings with any ma "er within the sphere of action of the league : affecting the peace of the world. Any i.eniber of the league not represented n thv council shall he invited to send a wprp i r' alive to sit as a member at any Ineeti:.:: of the council during the consideration considera-tion o matters specially affecting the interests inter-ests of "hat member of the league. At ru etings of the council, each member af the league represented on the counoil shall nave one vote, and may have not more than ne representative. (This embodies that part of the origin:l Article IU designating the original members f the council. The paragraph providing for increase in the membership of the council It new.) Afrreeirent of All Required. ARTICLE V. Except where otherwise expressly ex-pressly provided in this covenant, decisions at any meeting of the assembly or of the eouncil shall require the agreement of all the members of the league represented at the meeting-. All matt era of procedure at meetings of -the assembly or of the council, the appo'nt-wient appo'nt-wient of committees to investigate particular matters, shall be regulated by the assembly r by the council and may be decided by a majority of the members of the league repre-aented repre-aented at the meeting. The first meeting of the assembly and the first meeting of the council shall be summoned sum-moned by the president of the United States of America. (The first paragraph, requiring unanimous agreement in both assembly and council except ex-cept where otherwise provided, is new. The other two paragraphs originally were included m Article IV.) Duties of Secretariat ARTICLE VI -The permanent secretariat thall be established at the seat of the league. Tho secretariat shall comprise a secretary-ger"ral secretary-ger"ral aoJ such secretaries and staff as may be required. The first secretary-general shall be the person named in the annex: thereafter the secretary-general shall be appointed by the council, with the approval of the majority of the assembly. The secretaries and staff of the secretariat hall be appointed by the secretary-general, with the approval of the council. The secretary-general shaJl act in that . capacity at all meetings of the assembly and f the council. The expvnses of the secretariat shall be borne by the members of the Ka:ruc in accordance ac-cordance with the apportionment of the expenses ex-penses of the International Bureau ot" t .tf Universal Postal Union. (This nv luces the original Article V. In the original the appointment of the first secretary-if etiern I wi.s left to the council, and approval of the majority of the assembly WJ not required fur subsequent appointments. ARTICLE VTT The seat of the league is ' established at Geneva. The eouncil may at any time decide that ; thu seat of the league shall be established eJ.je where. All positions under, or in connection with the league, including the secretariat, shall be : open equally to men and women. ! i'.'-Ir"-; ntativi.s of the members of the league j ami ofii.-iuls ot the league, when engaged , in the business of the league, shall enjoy j diplomatic privileges arid immunities. j '1 lie bujiiin-s and other property occupied by th-i league or its officials or by repre- j -.wilnt ives attending its meetings shall be invinlubk-. i Embodying parts of the old Articles V j and VI, ihia artn-'Ie names Geneva instead of leaving the seat of the league to be chosen ! later, and miU the provision for changing ' the seat in the future. The paragraph open-it: open-it: g potiit.ons to women equally with nu-n is new. ) Reduction of Military Forces. ARTICLE VIII-The members of the league recognize that the maintenance of a peace i requires the reduction of national armaments to the lowest point consistent with national (safety and the enforcement by common action of inter national oh ligation s. 'Ihe council, taking account of the geographical geo-graphical situation and circumstances of each state, shall formulate plans for such reduction reduc-tion for the consideration and action of the several governments. Such plans shall be subject to reconsideration reconsidera-tion arid revision at least every ten years. After these plans shall have been adopted by the several governments, limits of arma-! arma-! men la therein fixed shall not be exceeded j without the concurrence of the council. The members of the league agree that the manufacture by private enterprise of muni-i muni-i tions and implements of war is open to grave objections. The council shall advise how tne evil effects attendant upon such manufacture can be . prevented, due regard being had to the necessities of tltose members of the league which are not able to manufacture the munitions muni-tions and implements of war necessary for their safety. The members of the league undertake to interchange full and frank information as to the scale of their armaments, their military mili-tary and naval programs and the condition of such of their industries as are adaptable to warlike purposes. (This covers the ground of the original Article VIII, but is rewritten " to make it clearer that armament reduction plans must be adopted by the nations affected before they become effective.) AltTiCLE IX A permanent commission shall be constituted to advise the council on ihe execution of the provisions of Articles I and VIII, and on military and naval questions ques-tions generally. (Unchanged, except for the insertion of the words "Article I.") ARTICLE X. The members of the league undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all members of the league. In case of any such aggression or in case of any threat or danger of such aggression the council shall advise upon the means by which this obligation shall be fulfilled. - (Virtually unchanged.) ARTICLE XI. Any war or threat of war, whether immediately affecting any of the members of the league or not, is hereby declared de-clared a matter of concern to the whole league; and the league shall take any- action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency 'should arise, the secretary general shall, on the request of any member of the league, forthwith summon a meeting of the council. It is also declared to be the fundamental right of each member of the league to bring to the attention of the assembly or of the council any circumstance -whatever affecting international relations which threatens ,to disturb either the peace or the good understanding under-standing between nations upon which peace depends. (In the original' it was provided that the "high contracting parties reserve the right to take any action," etc., where the revised draft reads "the league shall take any action," etc.) ARTICLE XII. The members of the league agree that if there should arise between them any dispute likely to lead to a rupture they will submit the matter either, to arbitration or to inquiry Ny the council, and they agree in no case to resort to war until thee months after the award by the arbitrators or the report by the council. Provisions for Arbiters Award. In any case under this article the award of the arbitrators shall be made within a reasonable reas-onable time, and the report of the council shall be made within six montlis after the submission of the dispute. (Virijually unchanged, except that some provisions of the original are eliminated for inclusion of other articles.) ARTICLE XIII. The members of the league agree that whenever any dispute shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, di-plomacy, they will submit the whole subject matter to arbitration. Disputes as to the interpretation in-terpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation repara-tion to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration. For the consideration of any such dispute the court of arbitration to which the case is referred re-ferred to shall be the court agreed - on by the parties to the dispute or stipulated in any convention existing between them. The members of the league agree that they will carry out in full good faith any award that may be rendered and that they will not resort to war against a member of the league which complies therewith. In the event of any failure to carry out such on award, the council shall propose what steps should be taken to give effect thereto. (Only minor changes in language.) ARTICLE XIV. The council shall formulate and submit to the members of the league for adoption plans for the establishment of a permanent court of international justice. The court shall be competent to hear and determine deter-mine any dispute of an international character char-acter which the parties thereto submit to it. The court may also give any advisory opinion opin-ion upon any dispute or question referred to it by the council orby the assembly. ' (Unchanged, except for the addition of the last sentence.) ARTICLE XV. If there should arise between be-tween members of the league any dispute likely to lead to a rupture, which is not submitted sub-mitted to arbitration as above, the members of the league agree that they will submit the matter to the council. Notice of Grievance. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the secretary general, who will make all necessary arrangements for a full investigation and consideration thereof, l-'or this purpose the parties to the dispute will communicate to the secretary general, as promptly as possible, statements of their case, all the relevant facts and papers : the council may forthwith direct the publication thereof. The council shall endeavor to effect a settlement set-tlement of any dispute, ond if such efforts are successful a statement shall be made giving such facts and explanations regarding the dispute and such terms of settlement thereof as the council may deem appropriate. If the dispute is not thus settled, the council coun-cil either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper, in regard thereto. Any member of the league represented on the council may make public a statement of i tlie facts of the dispute and of its conclusions conclus-ions regarding the same. ' If a report by the council is unanimously agreed to y the mem- bcrs thereof, other than the representatives j of one or more of the parties to the dispute, ! the members of the league agree that they will not go to war wilh any party to the : dispute which complies with the recommenda- 1 tions of the report. If the council fails to reach a report which , is unanimously .ngreed to by the members thereof, other than the representatives of one or more of the parties to the dispute, the members of the league reserve to themselves them-selves the right to take such action as th;y shall consider necessary for the maintenance of right and justice. If the dispute between the parties is claimed by one of them, and is found by the council to arise out of a matter which by international interna-tional law is solely within the domestic jurisdiction juris-diction of that party, the council shall so report, and shall make no recommendation as to its settlement. Refer Disputes to Assembly The council may in any case under tAii . I i article refer the dispute to the assembly. : The dispute shall be so referred at the re-! re-! quest of either parly to the dispute, provided ; , that such request be made within fourteen I days after the submission of the dispute to j the council. j In any case referred to the assembly all the provisions of this article and of Article : XII, relating to the action and powers of the i council, shall apply to the action and powers of vlie assembly, provided that report made i by the assembly, if concurred in by the rep- j resentatives of those members of the league I represented on the council and of a majority ot the otiier members of the league, exclusive in each ca.ie of the representatives of the i parties to the dispute, shall have the same force as a report by the council concurred in by nil the members thereof other than the . representatives of one or more of the parties to the dispute. I (The paragraph speci fically excluding mat- 1 trs of "domestic jurisdiction" from action I by the council is new. In the last sentence, i the words "if concurred in by the represen- j tatives of those members of the league rep- resented on the council," etc., have been : added.) When Member Disregards Covenant. ARTICLE XVI. Should any member of the league resort to war in disregard of its covenants under Articles XII, XIII or XV it shall ipso facto be deemed to have committed com-mitted an act of war against all other mem-, mem-, bers of the league, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition prohi-bition of all intercourse between their nationals na-tionals and the nationals of the covenant-breaking covenant-breaking state and the prevention of all financial, commercial or personal intercourse between the nationals of the covenant-breaking member of the league and the nationals of any other state, whether a member of the league or not. It shall be the duty of the council in such case to recommend to the several governments concerned what effective military or naval forces the members of the league shall severally sev-erally contribute to the armaments of forces to be used to protect the covenants of the league. The members of the league agree, further, that they will mutually support one another in the financial and economic measures which are taken under this article, in order to minimize the loss and inconvenience resulting result-ing from the above measures, and that they will mutually support one another in resisting resist-ing any special measures .aimed at one of their number by the covenant-brcak'ing state, and that they will take the necessary steps to a f ford passage through their territory to the forces of any of the members of the league which are co-operating to protect the covenants of the league. Any member of the league which has violated vio-lated any covenant 'of the league may be declared to be no longer a member of the league by a vote of the council concurred in by the representatives of all the other members mem-bers of the league represented thereon. (Unchanged except for the addition of the last sentence.) Disputes Arising With Non-Member. ARTICLE XVII In the event of a dispute between a member of the league and a slate which is not a member of the league, or between be-tween states not members of the league, the state or states not members of the league shall be invited to accept the obligations of membership in the league for the purposes of such dispute, upon such conditions as the council may deem just. If such invitation is accepted, the provision of Articles XII to XVI, inclusive, shall be applied with such modifications' as may be deemed necessary by the council. Upon such invitation being given, the council coun-cil shall immediately institute an inquiry into the circumstances of the dispute and recommend recom-mend such action as may seem best and most effectual in the circumstances. If a state so invited shall refuse to accept the obligations of membership in the league for the purposes of. such dispute, and shaH resort to war against a member of the league, the provisions of Article XVI shall be applicable appli-cable as against the state taking such action. If both parties to the dispute, when bo invited, in-vited, refuse to accept the obligations of membership mem-bership in the league for the purposes of such dispute, the council may take such measures and make such recommedations as will prevent hostilities' and will result in the settlement of the dispute. (Virtually unchanged.) ARTICLE XVIII Every convention or international in-ternational engagement entered into henceforth hence-forth by any member of the league sh: forthwith registered with the secretariat and shall, as soon as possible, be published by it. No such treaty or international engagement shall be binding until so registered. (Same as original Article XXIII.) Provision for Treaty Reserve. ARTICLE XIX The assembly may from time to time advise the reconsideration by members of the league of treaties which have become inapplicable, and the consideration of international conditions whose continuance might endanger the peace of the world. (Virtually the same as original Article XXIV. ) ARTICLE XX. The members of the league severally agree that this covenant is accepted as abrogating all obligations or understandings understand-ings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements en-gagements inconsistent with the terms thereof. In case members of the league shall, before be-fore becoming a member of the league, have undertaken any obligations inconsistent with the terms of this covenant, it shall be the duty of such member to take immediate steps to procure its release from such obligations. (Virtually the same as original Article XXV. ) Monroe Doctrine Safeguarded. ARTICLE XXI. Nothing in this covenant shall be deemed to affect the validity of international in-ternational engagements, such as treaties of arbitration or regional understandings, like the Monroe doctrine, for securing the maintenance main-tenance -of peace. (Entirely new.) ARTICLE XXII. To those colonies and territories which, as a consequence of the late war, have ceased to be under the sovereignty sov-ereignty of the states which formerly governed gov-erned them, and which are inhabited by people peo-ple not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilization and that securities for the performance of this trust should be embodied in this covenant. cov-enant. The best method of giving practicable effect to this principle is that the tutelage of such peoples be intrusted to advanced nations who, by reasons of their resources, their experience exper-ience or their geographical position, can best undertake this responsibility and who are willing to accept it. and that this tutelage should be exercised hy them as mandatories on behalf of the league-Mandatory league-Mandatory Clauses in Covenant. The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic condition and other similar circumstances. Certain communities formerly belonging to the Turkish empire have reached a stage of j development where their existence as independent inde-pendent nations can be provisionally recog- nized subject to the rendering of adminis- j trat.ve advices and assistance by a mandatory until such time as they are able to stand alone. The wishes of there communities must be a principal consideration in the selection of the mandatory. Other peoples, especially those of Central Africa, are at such a stage that the mandatory manda-tory must be responsible for the administration administra-tion of the territory under conditions which will gunrantce. freedom of conscience or religion re-ligion subject only to the maintenance of public order and morals, the prohibition of : abuses such as the slave trade, the arms traffic j and the liquor traffic, and the prevention of I the establishment of fortifications or military ! and naTal bases ar.d of military training of the nations for other than police purposes and the defense of territory, and will also secure euual opportunities for the tra'ie ana commerce of otber mcnibeu of the league. Degrees of Mandato Scope. I There are territories, such as Southwest Africa and certain of the South Pacific islands, which, owing to the sparseness of their population or their small size or their remoteness from the centers of civilization or their geographical contiguii; "jo the territory of the mandatory and other circumstances, can be best administered under the laws of the mandatory as integral portions of its territory subject to the safeguards above mentioned in tbe interests of the indigenous population. In every case of mandate, the j mandatory shall fender to the council n annual an-nual report in Hcrence to the territory com-I com-I mitted to its cU'rge. J The degree oi authority, control or admin- j istration to be exercised by ths mandatory 1 shall, if not previously agreed upon by the I members of the league, be explicitly defined , in each case by the council. A permanent commission shall be consti- tuted to receive and examine the annual ports of the mandatories and to advise cne council on all matters relating to the ob-: ob-: strvance of the mandates. This is the original Article XIX, virtually, except for the insertion of the words "and who are willing to accept" in describing nations na-tions to be given mandatories.) ! Labor Clause. ARTICLE XXIII Subject to and in ae-cordance ae-cordance with the provisions of international conventions existing or hereafter to be agreed upon the members of the league (A) will 1 endeavor to secure and maintain fair and . humane conditions of labor for men, women ; and children both in their own countries and I in all countries to which their commercial j and industrial relations extend ,and for that ! purpose will establish and maintain the necet- sary international organizations ; (B) under-; under-; take to secure just treatment of the native j inhabitants of territories under their control; j (C) will intrust the league with the general supervision over the execution of agreements j with regard to ths traffic in women and children and the traffic in opium and other dangerous drugs; (D) will intrust the league with the general supervision of the trade in ! arms and ammunition with the countries in ! which the control of this traffic necessary ! in the common interest; (E) will make pro- vision to secure and maintain freedom of ' communication and of transit and equitable treatment .for the commerce of all members ! of the league. In this connection the special necessities of the regions devastated during the war of 1914-1918 shall be in mind; (I") will endeavor to take steps in matters of international in-ternational concern for the prevention ar J control of disease. (This replaces the original Article XX, and embodies parts of the original Articles XVIII I and XXI. It eliminates a specific provision formerly made for a bureau of labor and adds ; the clauses (B) and (C. Other Covenant Clause Defined. ! ARTICLE XXIV. There shall be placed under the direction of the league all international inter-national bureaus already established by general gen-eral treaties if the parties to such treatie i consent. All such international bureaus and all commissions for the regulation of matter i of international interest hereafter constitute I shall be placed under the direction of thij. league. In all matters of international interest which are regulated by general conventions, but which are not placed under the control of international bureaus or commissions, the secretariat sec-retariat of the league shall, subject to the consent of the council and if desired by the parties, collect and distribute all relevant information in-formation and shall render any other assistance assist-ance which may be necessary or desirable, The council may include as part of the expenses of the secretariat, the expenses of any bureau or commission which is placed under the direction of the league. (Same as Article XXII in the original with the matter after the first sentence added.) ARTICLE XXV. The members of the league agree . to encourage and promote the establishment estab-lishment and co-operation of duly authorized voluntary national Red Cross organizations having as purposes improvement of health, the prevention of disease and the mitigation of suffering throughout the world. (Entirely new.) Final Article in Covenant. ARTICLE: XXVI. Amendments to this covenant will take effect when ratified by the members of the league whose representatives representa-tives compose the council and by a majority of the members of the league whose representatives repre-sentatives compose the assembly. Such amendments shall not bind any member mem-ber of the It ague which signifies its dissent therefrom, but in that case it shall cease to be a member of the league. (Same as the original, except that a majority ma-jority of the league, instead of three-fourths, is required for ratification of amendments, with the last sentence added.) Annex to the Covenant. 1. Original members of the league of nations : Signatories of the treaty of pctice. United States of America, Belgim, -Bolivia, Brazil, British Empire, Canada, Australia, -South Africa, New SouthWales. India, China, Cuba, Czecho-Slovakia, Ecuador, France, Greece, .Guatemala, Haiti, Hedjaz, Honduras. Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Rumania, Serbia, Siam, Uruguay. States invited to accede to the covenant. Argentine Republic, Chile, Colombia, Denmark, Den-mark, Netherlands, Norway. Paraguay, Persia, Salvador, Spain, Sweden, Switzerland, Venezuela. Vene-zuela. 2. First secretary general of the league of nations (blank). (The annex was not published with the original draft of the covenant.) |