"SANCTIONS"

Evening Post, Volume CXX, Issue 86, 8 October 1935, Page 9

"SANCTIONS"

[WHAT THEY MEAN

TERM IN INTERNATIONAL LAW

The term "sanctions," which is frequently used in reference to the enforcement of the Covenant by the League of Nations, is purely a technical term in international law. Though derived from the same Latin root, "sane-", it has nothing to do with such words as "sanctimonious," "sacrosanct," "sanctify," or, at a longer remove, "saint." The word "sanction" is derived from the Latin "sanctio," the noun formed from the verb "sancire," to consecrate. The phrase "sancire legem" was used by Roman .writers as meaning that the observane of the law was made obligatory in a-more or less religious sense, but without specifying a remery or penalty lor non-observ-ance; The word "sanctions" has since cpme to imply the means adopted in national law to enforce legal decisions. When it is stated • that the decisions lof a Law Court are ineffective without "sanctions," what is meant' is that there must be power to inflict pains ! and penalties for disobedience of the i Court's judgment, verdict, or sentence. | These "sanctions" are quite familiar to : the public as a part of every system lof law. and order within a country. The law is backed by the power of the ' Courts to impose fines and inflict im- | prisonment, and the police are there ito see that the sentence of the Court |is carried out. WHERE THE DIFFICULTY LIES. | The difficulty arises when it comes !to international' law—the law govern- j ing, so far as it can do, the relations | and intercourse of nations with one another, To this law there are no "sanctions" in the strict sense, as there | jis no international police force to see! that the law is carried out, or, in de-j fault, to apply pains and penalties, j The League of Nations, created after the Great War in the peace negotia- [ tions at Versailles, together with the Permanent Court of International Jus--1 face, represents an attempt to do for the I world, or at least for the member I nations of the League or the Court, : what the internal-system of law and | order does for the inhabitants of a I particular country. It is an attempt to j establish "security" in the world. This I has been sought in common agreements j among a greater or smaller number of States to act together when—and only when—the established rights of one of them have been violated by force. The question then was of finding suitable "sanctions" against the wrongdoer in the attempt to limit and control the use of force in international affairs as it is limited and controlled in national affairs. The League, of Nations was an effort to create a general system emI bracing all the States throughout the world. The Covenant of the League,) particularly Article 16, provides for! sanctions." Article 16 imposes obli-

gations upon every member of the! I League to adopt common coercive! measures, including especially a financial and economic boycott, against | States which, in violation of the undertakings of the Covenant, resort to war. I Clause 2 of Article 16 states that: It shall be the duty of the Coun- [ cil in such case to recommend to the j several Governments concerned what I effective military, naval, or air force | the members of the League shall sevj crally contribute to the armed forces I to be used to protect the covenants | of the League. ! WHAT "SANCTIONS"? In practice it has been found very difficult to devise satisfactory "sane- ! tions," with great uati6ns like the I United States, Germany, and Japan outside the League. The Committee of Thirteen set up by a Council resolution of April 17, 1935, "to propose I measures to render the League Covenant more effective" appointed an expert sub-committee in July, to examine the technical aspects of various economic measures which might meet both the humanitarian and practical objections to the wholehearted application of economic sanctions. This sub-commit-tee reported recently. Both in its general conclusions and in its final remarks the subcommittee was extremely discouraging about the administrative difficulties of the proposed sanctions,, pointing out that their use might be almost as damaging to the economic life of the participating countries as jto that of the repudiating country. As to stronger sanctions the attitude ol the various member nations of the League is disclosed in the news from day to day.