Draft Covenant
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In order to secure peace, security, and orderly government by the prescription of open, [just] and honorable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments, and by the maintenance of justice and a scrupulous respect for of all treaty obligations in the dealings of all organized peoples with one another, the Powers signatory to this convenant and agreement jointly and severally adopt this constitution of the League of Nations.
The action of the Signatory Powers under the terms of this agreement shall be effected through the instrumentality of a Body of Delegates which shall consist of the ambassadors and ministers of the contracting Powers accredited to H. and the Minister of Foreign Affairs of H. shall be the presiding officer of the Body.
Whenever the Delegates deam it necessary or advisable, they may meet temporarily at the seat of government of B. or of S., in which case the Ambassador or Minister to H. of the country in whcih the meeting is held shall be the presideing officer pro tempore.
[Add A.]
The Body of Delegates shall regulate their own procedure and shall have power to appoint such committees as they may deem necessary to inquire into and report upon any matters which lie within the field of their action.
They shall organize a Secretariat to act as their ministerial agency, and the expenses of the maintenance of the Secretariat shall be borne as they prescribe.
In all matters covered by this Article the Body of Delegates may decide by a majority vote of the whole Body.
[Substitute B]
The Contracting Powers unite in guaranteeing to each other political independence and territorial integrity; but it is understood between them that such territorial readjustments, if any, as may in the future become necessary by reason of changes in present racial conditions and aspirations of present social and political relationships, persuant to the principle of self-determination, and also such territorial readjustments as may be in the judgment of three-fourths of the Delegates be demanded by the welfare and manifest interest of the peoples concerned, may be effected, if agreeable to those peoples; and that territorial changes may in equity involve material compensation. The Contracting Powers accept without reservation the principle that the peace of the world is superior in importance to every question of Political jurisdiction or[ ]boundary.
H. 21. The Contracting Powers recognize the principle that the establishment and maintenance of peace will require the reduction of national armaments to the lowest point consistent with domestic safety and the enforcement by common action of international obligations; and the Delegates are directed to formulate at once plans by which such a reduction may be brought about. The plan so formulated shall be binding when, and only when, unanimously approved by the Governments signatory to this Covenant.
[Insert C.] The Contracting Powers further agree that munitions and implements of war shall not be manufactured by private enterprise or for private profit, and that there shall be full and frank publicity as to all national armaments and military or naval programmes.
H. 18. ARTICLE V.
The Contracting Powers agree that all disputes arising between or among them, of ever nature, which shall not be settled by diplomats, shall be referred for arbitration [Substitute D] to three arbitrators, one of the three to be selected by each of the parties to the dispute, when there are but two such parties, and the third by the two thus selected. When there are more than two parties to the dispute, one arbitrator shall be named by each of the several parties and arbitrators thus named shall add to their number others of their own choice, the number thus added to be limited to the number which will suffice to give a deciding voice to the added arbitrators thus added in case of a tie vote among the arbitrators chosen by the contending parties cannot agree upon an additional arbitrator or arbitrators, the additional arbitrator or arbitrators shall be chosen by the Body of Delegates.
On the appeal of a party to the dispute the decision of the arbitrators may be set aside by a vote of three-fourths of the Delegates, in case the decision of the arbitrators was not unanimous, but unless thus set aside shall be finally binding and conclusive.
When any decision of arbitrators shall have been thus set aside the dispute shall again be submitted to arbitrators chosen as heretofore provided , none of whome shall, however, have previously acted as arbitrators in the dispute in question, and the decision of the arbitrators rendered in this second arbitration shall be finally binding and conclusive without right of appeal.
[Insert E]
H.14. ARTICLE VI. [entire article crossed out]
Any Power which the Body of Delegates shall declare to have failed to submit any dispute to arbitration under the terms of Article V of this Covenant or to have refused or failed to carry out any decision of such arbitration shall thereupon lose and be deprived of all rights of commerce and intercourse with any of the Contracting Powers.
ARTICLE VII.
If any Power shall declare war on begin hostilities, or take any hostile step short of war, a-against another Power before submitting the dispute involved to arbitrators [or consideration by the Executive Council] as herein provided, or shall declare war or begin hostilities, or take any hostile step short or war, in regard to any dispute which has been decided adversely to it by arbitrators chosen and empowered as herein provided, the Contracting Powers hereby bind themselves not only to cease all commmerce and intercourse with that Power but also to unite in blockading and closing the frontiers of that Power to commerce or intercourse with any part of the world and [to] us any force that may be necessary to accomplish that object.
H.5,7,8 ARTICLE VIII.
Any war or threat of war, whether immediately affecting any of the Contracting Powers or not, is hereby ceclared a matter of concern to the League of Nations and to all the Powers signatory hereto, and those Powers hereby reserve the right to take any action that may be deemed wise and effectual to safeguard the peace of nations.
The Delegates shall meet in the interest of peace whenver war is rumoured or threatened, and also whenever the Delegates of any Power shall inform the Delegates that a meeting and conference in the interest of peace is advisable.
The Delegates shall may also meet at such other times and upon such other occasions as they shall from time to time deem best and determine.
[added]
It is also hereby [also] declared and agreed to be the friendly right of each of the nations signatory or adherent to this Government to draw the attention of the Body of Delegates to any circumstances anywhere which threaten to disturb international peace or the good understanding open between nations upon which peace depends.
H.16,17 ARTICLE IX
In the event of a dispute arising between one of the Contracting Powers and a Power not a party to this Covenant, the Contracting Power involved hereby binds itself to endeavor to obtain the submission of the dispute to judicial decision or to arbitration. If the other Power will not agree to submit the dispute to judicial decision or to arbitration, the Contracting Power shall bring the matter to the attention of the Body of Delegates. The Delegates shall in such case, in the name of the League of Nations, invite the Power not a party to this Covenant to become Ad hoc a party and to submit its case to judicial decision or to arbitration, and if that Power consents it is hereby agreed that the provisions hereinbefore contained and applicable to the submission of disputes to arbitration [or discussion] shall be in all respects applicable to the dispute both in favour of and against such Power in al as if it were a party to this Convenant.
In case the Power not a party to this Convenant shall shall [not] accept the invitation of the Delegates to become ad hoc a party, it shall be the duty of the [Executive Council] Delegates immediately to institute an inquiry into the circumstances and merits of hte dispute involved and to recommend such joint action by the Contracting Powers as may seem best and most effectual in the circumstances disclosed.
of all trade or financial relations, the prohibition of all intercouse between their subjects and the subjects of the covenant-breaking State and the prevention, so far as possible of all financial, commercial, or personal intercouse between the subjects of the covenant-breaking State and the subjects of any other State, whether a member of the League of Nations or not.
It shall be the privilege and duty of the Executive Council of the Body of Delegates is such a case to recommend what effective military or naval force the members of the League of Nations shall severely contribute, and to advise, if it should think best, that the smaller members of the League be excused from making any contribution to the armed forces to be used against the covenant-breaking State.
The covenant-breaking State shall, after the restoration of peace, be subject to perpetual resoration of peace, be subject to perpetual disarmament and to the regulations with regard to a peace establishment provided for new States under the terms of SUPPLEMENTARY ARTICLE
H.18 ARTICLE X.
If hostilities should be begun or any hostile action taken [against] by the Contracting Power by other Power not a party to this Covenant before a decision of the dispute by arbitrators or before investigation, report, and recommendation by the Delegate [Executive Council] in regard to the dispute, or contrary to such recommendations, the Contracting Powers shall thereupon cease all commerce and communication with that Power and shall also unite in blockading and closing the frontiers of that Power to all commerce or intercourse with any part of the world, employing jointly and force that may be necessary to accomplish that object. The Contracting Powers shall also unite in coming to the assistance of the Contracting Power against which hostile action has been taking taken, combining their armed forces in its behalf.
H.18. ARTICLE XI.
In case of of a dipute between states not parties to this Covenant, any Contracting Power may bring the matter to the attention of the Delegates, who shall thereupon tender the good offices of the League of Nations with a view to the peaceable settlement of the dispute.
If one of the states, a party to the dispute, shall offer and agree to submit its interests and cause of action wholly to the control and decision of the League of Nations, that state shall ad hoc be deemed a Contracting Power. If no one of the states, parties to the dispute, shall so offer and agree, the Delegates shall, [through the Executive Council,] of their own motion take such action and make such recommendation to their governments as will prevent hostilities and result in the settlement of the dispute.
H.22. ARTICLE XII.
Any Power [whose government is based upon the principle of the popular self-government] not a party to this Covenant[,] may apply to the Body of Delegates for leave to become a party. If the Delegates shall regard the granting thereof as likely to promote the peace, order, and security of the World, they may act favourably on the application, and their favourable action shall operate to constitute the Power so apply in all respects a full signatory party to this Covenant. This section shall require the affirmative vote of two-thirds of the Delegates.
H.23. ARTICLE XIII.
The Contracting Powers severally agree that the present Covenant and Convention is accepted as abrogating all treaty oblications inter se which are inconsistent with the terms hereof, and solemnly engage that they will not enter into any engagements inconsistent with the tserm [terms] hereof.
In case any of the Powers signatory hereto or subsequently admitted to the League of Nations shall, before becoming a party to this Government, have undertaken any treaty obligations which are inconsistent with the terms terms of this Covenant, it shall be the duty of such Power to take immediate steps to pressure its release from such obligations.
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In respect of the peoples and territories which formerly belonged to Russia, to Austria-Hungary, and to Turkey, and in respect of the colonies formerly under the dominion of the German Empire, the League of Nations shall be regarded as the residuary [trustee with] sovereign so far so to be elected with the right of ultimate disposal or of continued administration in accordance with certain fundamental principles hereinafter set forth; and this reversion and control shall exclude all rights or privileges of annexation on the part of any Power.
These principles are, that there shall in no case be any annexation of any of these territories by any State either within the League or outside of it, and that in the future government of these peoples and territories the rule of self-determination, or the consent of the governed to their form of government, shall be fairly and reasonably applied, and all policies of administration or economic development be based primarily upon the well-considered interests of the people themselves.
Any authority, control or administration which may be necessary in respect of these peoples or territories other than their own self-determined and self-organised autonomy shall be the exclusive function of and shall be vested in the League of Nations and exercised or undertaken by or on behalf of it.
It shall be lawful for the League of Nations to delegate its authority, control, or administration of any such people or territory to some single State or organised agency which it may designate and appoint as its agent or mandatory; but whenever and wherever possible or feasible the agent or mandatory so appointed shall be nominated or approved by the autonomous people or territory.
The degree of authority, control, or administration to be exercised by the mandatory State or agency shall in each case be explicityly defined by the League in a special Act or Charter which shall reserve to the League complete power of supervision and of ultimate control, and which shall also reserve to the people of any such territory or governmental unit the right to appeal to the League for the redress or correction of any breach of the mandate by the mandatory State or agency.
The mandatory State or agency shall in all cases be bound and required to maintain the policy of the open door, or equal opportunity for all the signatories to this Covenant, in respect of the use and development of the economic resources of such people or territory.
The mandatory State or agency shall in the case form or maintain any military [or naval] force in excess of definite standards laid down by the League itself for the porposes of intehnal police.
No new State arising or created from the old Empires of Russia, Austria-Hungary, or Turkey shall be recognized by the League or admitted into its mambership except on condition that its military [and naval] forces and armaments shall conform to standards prescribed by the League in respect of its from time to time.
As successor to the Empires, the League of Nations is empowered, directly and without right of delegation, to watch over the relations relations inter se of all new independent Ste States arising or created out of the Empires, and shall assume and fulfil the duty of conciliating and composing differences between them with a view to the maintenance of settle order and the general peace.
The Powers signatory or adherent to this Covenant agree that they will themselves seek to establish and maintain fair hours and humane conditions of labour for all those within their several jurisdictions who are engaged in manual labour and that they will exert their influence in favour of the adoption and maintenance of a similar policy and like safeguards wherever their industrial and commercial relations extend.
The Powers signatory or adherent to this Covenant bind themselves, and the League of Nations shall require all new States to bind themselves as a condition precedent to their recognition as independent or autonomous States, to accord to all racial or nation minoriteis within their several jurisdictions, equal [exactly the same] treatment and security, both in law and in fact, that is accorded the racial or national majority of [their] its people.
A. (To be added to Article I as an additional paragraph.)
It shall be the privilege of any of the contracting Powers to assist its representative in the Body of Delegates by any method of conference, counsel, advice that may seem best to it, and also to substitute upon occasion a special representative for its regular diplomatic representative accredited to H.
B. (To be substituted for Article II)
The Body of Delegates shall regulate their own procedure and shall have power to appoint such committees as they may deem necessary to inquire into and report upon any matters that lie within the field of their action.
It shall be the right of the Body of Delegates, upon the initiative of any member, to discuss, either publicly or privately as it may deem best, any matter lying within the jurisdiction of the League of Nations as defined in this Covenant, or any matter likely to affect the peace of the world; but all actions of the Body of Delegates taken in the exercise of the functions and powers granted to them under this Covenant shall be first formulated and agreed upon by an Executive Council, which shall act either by reference upon its own initiative, and shall consist of the representatives of the Great Powers together with representattives drawn in annual rotation from two panels, one of which shall be made up of the representatives of the States ranking next after the Great Powers and the other of the representatives of the minor States (a classification which the Body of Delegates shall itself establish and may from time to time alter), such a number being drawn from these panels as as will be but one less than the representatives of the Great Powers; and three or more negative votes in the Council shall operate as a veto upon any action or resolution proposed.
All resolutions passed or actions taken by the Body of Delegates upon the indecision upon the recommendation of the Executive Council, except those adopted in execution of any direct powers herein granted to the Body of Delegates themselves, shall have the effect of recommendations to the several governments of the League.
The Executive Council shall appoint a permanent Secretariat and staff and may appoint joint committees chosen from the Body of Delegates or consisting of [specially] qualified persons outside of that Body, for the study and systematic consideration of the international questions with which the Council may have to deal, or of questions likely to lead to international complications or disputes. It shall also take the necessary steps to establish and maintain proper liaison both with the foreign offices of the signatory powers [and] but also with any governments or agencies which may be acting as mandatories of the League of Nations in any part of the world.
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C. (To be inserted as the second [and third] paragraphs of Article IV.)
As the basis for such a reduction of armaments, all the Powers subscribing to the Treaty of Peace of which this Covenant constitutes a part hereby agree to abolish conscription and all other forms of compulsory military service, and also agree that their future forces of defense and of international action shall consist of militia or volunteers, whose numbers and methods of training shall be fixed, after expert inquiry, by the agreements with regard to the reduction of armaments referred to in the last preceding paragraph.
The Body of Delegates shall also determine for the consideration and action of the several governments what direct military equipment and armament is fair and reasonable in proportion to the scale of forces laid down in the programme of disarmament; and these limits, when adopted, shall not be exceeded without the permission of the Body of Delegates.
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D. (To be the opening part of Article V.)
The contracting Powers jointly and severally agree that, should disputes or difficulties arise between or among them which cannot be satisfactorily settled or adjusted by the ordinary processes of diplomacy, they will in no case resort to [armed] force without previously submitting the questions and matters involved eiter to arbitration or to inquiry by the Executive Council of the Body of Delegates or until there has been an award by the arbitrators or a decision by the Executive Council; and that they will not even then resort to armed force as against a member of the League of Nations who complies with the award of the arbitrators or the decision of the Executive Council.
In case of arbitration, the matters at issue The Powers signatory to this Covenant undertake and agree that whenever any dispute or difficulty shall arise between or among them with regard to any question of the law of nations, with regard to the interpretation of a treaty, as to any fact which would, if established, consitute a breach of international obligation, or as to as to any alleged damage and the nature and measure of the reparation to be made therefor, if such dispute or difficulty cannot be satisfactorily settled by the ordinary processes of negotiation, to submit the whole subject-matter to arbitration and to carry out in full good faith any award or decision that may be rendered.
In case of arbitration, the matter or matters at issue
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E. (To be inserted as an additional paragraph at the end of Article V.)
If for any reason it should prove impracticable to refeh any maater in dispute to arbitration, either or any party to the dispute may apply to the Executive Council to take the matter under consideration for such mediatory action or recommendation as it may deem wise in the circumstances. The Council shall immediately accept the refrence and give notice to the other party or parties, and shall make the necessary arrangements for a full hearing, investigation, and consideration. It shall ascertain all the facts involved in the dispute and shall make such recommendations as it may deem wise and practicable based on the merits of the controversy and calculated to secure a just and lasting settlement. Other members of the League shall place at the disposal of the Executive Council any and all information that may be in their possession which in any way bears upon the facts or merits of the controversy; and the Executive Council shall do everything in its power by way of mediation or conciliation to bring about a peaceful settlement. The decisions of the Executive Council shall be addressed to the disputants, and shall not have the force of a binding verdict. Should the Executive Council fail to arrive at any conclusion, it shall be the privilage of the members of the Executive Council to publish their several conclusions or recommendations; and such publication shall not be regarded as an unfriendly act by either or any of the disputants.
[ARTICLE VI.]
Should any contracting Power break or disregard its covenants under thir ARTICLE, it shall thereby ipso facto become at war with all the members of the League, which shall immediately subject it to a complete economic and financial boycott, including the severances
ARTICLE XI.
House 19
ARTICLE XII.
House 22.
ARTICLE XIII.
House 23.
COVENANT.
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