TEXT OF THE COVENANT

New Zealand Times, Volume XLIV, Issue 10206, 17 February 1919, Page 5

TEXT OF THE COVENANT

RULE OF INTERNATIONAL LAW . ; ESTABLISHED

■ ♦ IAINTAIPSIPIG THE WORLD'S PEACE 1 i By Telegraph—Press Association—Copyright. Australian and .New Zealand Oable Association, and Reuter. (Received February 16. 5.5 p.m.) LONDON, February 14. The text of the League of Nations Covenant has been officially published. 1 The preamble states: —In order to promote international co-operation and to secure international peace and security by the acceptance of obligations not to resort to war arid by the prescription oi' open, just and honourable relations between nations by the firm establishment of understandings of internatap.nal law as the .actual rule of conduct among Governments and by the maintenance of just and scrupulous respect of all treaty obligations in the dealings of organised peoples with one another, the Powers signatory to this Covenant adopt this condition of the League of Nations. : The'opening Articles declare that 'he action of the covenanting parties shall bo eifected through .meetings of representative delegates at stated intervals, at the seat, of the League or elsewhere, and'through meetings of the Executive Council and the permanent International Secretariat ati tho seat of the League at more frequent intervals. Each contracting party at a meeting of delegates shall have one vote, but no, more than three representatives. ■The Executive Council shall consist of representatives of the British Empire, United States of America, France, Italy, Japan, and four oaher States selected by the delegates. A Council meeting shall be held at least once. Annually at the seat of the League or elsewhere. -Any matter within the Sphere of action of the League or affecting the world's peace may be dealt with ;; at such meetings. Invitations shall be sent to any Power to attend a Council meeting at which matters directly affecting its interests are to be discussed. . • The President of the United States shall summon -the first meeting of representative delegates and the Executive Council. Article Seven lays it down that (admission to the League of States which are not signatories to the Convenant requires the assent of not less than twothirds of the States in the Body of Delegates and shall be. limited to fully self-governing countries, including the Dominions and Colonies. REDUCTION OF ARMAMENTS ACCEPTED. -Article Eight states that the High Contracting Parties have recognised the principle that the maintenance,of peace requires a reduction of national armaments to the lowest point consistent with national safety, and the enforcement by common action of international obligations, having especial regard to the geographical situation p-nd circumstances of each State: and that theJExecutive Council shall formulate plans effecting such reduction. The Executive Council shall also determine for the consideration and .action of the several Governments what military equipment, and armament will be a fair and reasonable proportion to the scale of forces laid down in the programme of disarmament. These limits, when adopted, shall not be exceeded without the permission of the Executive Council. * The High Contracting Parties' agree that tho private manufacture of munitions and-implements of warlepds itself to grave objections and they direct the Executive Council to advise how the evil effects attendant to such manufacture can he prevented, with due regard to the necessities of countries which are unable to manufacture for tihemselves the munitions and implements of war necessary to their safety. The High Contracting Parties undertake to in no wise conceal from each other the conditions of such of 'tjjieir industries as are capable of being adapted to warlike purposes, or the scale of their armaments. They agree to full and frank interchange of information regarding military and naval programmes. , A Permanent Commission shall be constituted to advise the League on the execution of the foregoing provisions and on military and naval questions generally. :• s ' . ~y '.. Article'- T«m states: —The High Contracting Parties undertake to respect and (preserve against) external aggression the territorial integrity.a.nd existing political independence of all .members of the League. The Executive Council shall advise how,,that,.abligatk>fci.can bet .fulfilled, .where aggression, is carried out or, threatened. ••"!;- ;' \ : <uuai,t • •■■ : >J.v-- v .'■;;.. ,■-.-, .. ~.. - il.<-..->-: ■' . - PEACE OP WORLD■,TO. BE SAFEGUARDED. Article Twelve says:—The Higti,ContractingParties reserve the right to ta^«[such-action as may be deemed wise, and .effectual to safeguard the.peace . o!„tihe> : world. Each of the Highj Contracting Parties is entitled -tio draw the League's attention to circumstances likely to affect international peace or the good understanding on which peace depends. .The High Contracting Parties agree in no case to resort to war without previously submitting unadjustable disputes to arbitration or inquiry by the Executive Council and until three months after an award by arbitrators or a recommendation by the Executive Council, and will not even then resort to war against a member of the League which complies with such award or recommendation. An award of the arbitrators shall he made within a reasonable time and the Executive Council's recommendation within six months af tier the submission of a dispute. ' The Court of Arbitration shall be a court agreed upon by the disputants. Ifie High Contracting Parties-agree to carry out in full good faith any award. If an award be nob carried out, the Executive Council shall pro- j pose - the best steps to give eff edti thereto. "...... Provision is made for the establishment of a permanent Court of International Justice, which shall be: competent to determine any matter submitted to it for arbitration. If a dispute arise between members of the League which is likely to lead to a rupture and which is not submitted to arbitration, the High Contracting Parties agree to refer the matter to the Efcecutive Council. The parties concerned shall promptly furnish statements of their case and arrangements shall be made for publication of the nature of the dispute and the terms of settlement and appropriate explanations where a settlement is effected. • ' If the dispute is not settled, the Council shall -publish all the necessary facts and an explanation of the recommendations for settlement which *he Council thinks just. If this report is unanimously agreed to by members of the Council other than the disputants, the Hifzih Contracting Parties agree not to go to war with any. party complying with the recommendations. If any party refuses to comply, the Council shall propose measures necessary to give effect to the recommendations, but if no such unanimous report can ho reached, majority and minority statements and recommendations shall be issued and provision made'for reference by the Executive Council of the dispute to representative delegates who are' designated the Body of Delegate, which thereupon, are vested with Executive Council powers. I PUNISHMENT FOR DISREGARD OF COVENANT. Article Sixteen declares:—lf any of the High Contracting Parties break ox disregard covenants made under Article Twelve, it ipso facto shall be deemed to have committed an act of war against all other nations of the League, which hereby undertake immediately to subject it to severance of all trade and financial relations and to prohibit all intercourse between their nationals and nationals of tho covenant-breaking State, , also to order the prevention of all financial, commercial and ocrsona.l intercourse between nationals, of the covenant-breaking State and .the nationals of aay other State, whether a member of tho League or not. It shall be the Executive Council's duty to recommend what effective military or naval force the members of tho League shall severally contribute +b the armed force to be used to protect tho League's covenants. The High Contracting "Parties agree to mutually support one another.in financial and economic measures under this Article. In order to< the resultant loss_ and inconvenience, they will mutually support one another in rosisrtine special measures aimed at one of their number by the covenant-breaking State and afford passage through their territory to forces of any of the High Contracting Parties co-operating to protect the League's covenant. Article Seventeen deals with disnutes between non-members of the League or between, non-member States. The Hi;rh Contracting Parties agree that non-member States shal be invited to accept tho. obligations of membership of the Leagtta for the purposes of a dispute. Tho Executive Council shall thereupon immediately institute an inquiry into the circumstances and merits of the dispute, and shall recommend the r*iost dpsirable notion. Should a non-member'Po'wer refuse to accept) the obligations of membership and take action against <i member of tho League, which action, in tho case of a mem-.-ber of the Leaeue, would constitute a breach of Article Twelve, then tho provisions of Article Sixteen shall be applicable .aVainst the State'taking such action. If both disputants decline to accept the obligations of membership for the purpose f>f their dispute, the Executive Council shall tnko steps to prevent hostilities and to bring about a settlement of the dispute. It is laid down that the League is entrusted with tlio (renern! supervision of the trade in arms and ammunition in countries in which control of this traffic i 3 necessary. ADOPTION OF MANDATORY PRINCIPLE. Article Nineteen deals with colonics and territories which, in consequence of iiholate war, ceased_ to bo under the sovereignty of tho State formerly governing them and which are,inhabited by peoples not yet a.hlo to stand by themselves undor the strenuous conditions of >t!he modern world. Tho principle should bo applied that tha well-being and development of such peoples form » sacred trust for civilisation and that securities for the Performance of this trust- should.ho embodied in tho League's constitution. Tho best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who. by ronsnn of their resource* and experience and ceographical position, can best' undertake this responsibility.- *mMJin.t this tutelage should he excrcisM bv„-thorn as Mandatory on behalf'of tho Loagtin. The. chnrnifov"of'+ho Mandate, miist differ, according to tho 'stage of development! of tho ppoplo,' the fee graphical situation of tho territory, f>ho economic condition'? and other nfmilnr circumstance*. ■pi ii declared that certain communities formerly belonging to the Turkish Erapiro have reached a stago of development where their existence as in»

dcoendcat nations can bo provisionally recognised, subject to the rendering of administrative advice and assistance by the Mandatory Power until such timeas they are ablo to stand alone. The wishes of these communities must he, a principal consideration in tho soloction of the Mandatory. Other people, especially those in Central Africa, are at such a stago that the Mandatory must bo responsible for tho administration of their territory, subject to conditions which guarantee freedom of conscience or religion, subject only to the> maintenance or public order and morals and tho prohibition of abuses such as the slave trade, tho arms and liquor traffic, the prevention of the establishment of fortifications, or military and naval bases, and the military training of the natives for other than police purposes and for tho defence of the territory. The conditions will also secure equal opportunities for trade and commerco with other members of the League. There are territories such as boutliVV'est Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size or remoteness from the centres of civilisation, or geographical contiguity to a Mandatory State, or other circumstances, can best be administered under the laws of the Mandatory State as, integral portions thereof, subject to the safeguards mentioned above. In tho interests of the indigenous population the Mandatory Stat© shall render to the League an annual report in referonco to the territory committed to lt& charge, The degree of authority, control or administration to be exercised by the Mandatory SMato shall, if not previously agreed upon by the High Contracting Parties, in each case be explicitly defined by tho Executive Council in a special aot or charter. The High Contracting Parties further agree to establish at the aeat of the League a Mandatory Commission to receive and examine the annual report of Mandatory Powers and to assist the League in ensuring the observance of the terms of all Mandates. FAIR AND HUMANE LABOUR CONDITIONS. Article Twenty states:—The High Contracting Parties shall endea-vour to secure and maintain fair and humane conditions, of labour for men, women, and children in their own and all countries to which their oommercial and industrial relations extend, and they agree to establish, as part of the organisation of tho League, a permanent Labour Bureau. . Tho League is appointed tho instrument to secure and maintain freedom of transit and equitable treatment for the commerco of all members. AH international bureaux henceforth to be constituted shall be placed uutier the League's control, also all existing bureaux if the parties thereto agree^ No treaty or international engagement.hereafter entered into by members of the League shall be binding until registered with the Secretariat of tho League, who shall publish it as soon as possible. The Body of Delegates will periodically advise the reconsideration by members of the League ot treaties which may become inapplicable and the international conditions of which continuance may endanger the peace of the world. The High Contracting Parties accept the present Covenant as an abrogajtion of all obligations inter se which are inconsistent with the terms thereof and solemnly, engage not hereafter to enter into engagements inconsistent with its terms. Present and future members of the League are bound immediately to take steps to procure release from such inconsistent obligations. The final Article, No. Twenty-six, provides f<|r the effectiveness of amendments to the Covenant when ratified by the States whose representatives compose the Executive Council and by three-fourths of the States whose representatives compose the Body of Delegates. FRANCE MAKES RESERVATIONS. i PARIS, February 14. A general agreement has been reached regarding the Society of Nations. France makes important reservations. GERMAN OPINION ON MANDATORY SYSTEM. . '» LONDON, February 13. The Paris correspondent of the "Morning Post" states that in- an interview regarding the report that the Berlin Bourse had revived on the acceptance of °he Mandatory system, Mr Hughes said that no condemnation of the system could be more effective. Bourses have no sentiment. The view of of Berlin Bourse reflects Germany's real apinion. AMERICAN COMMENT. Australian and New Zealand Cable Association. (Received February 16, 5.5 p.m.) i • NEW. YORK, February 15. American press comment on the League Covemant is cautions and doubt is expressed as to *ne attitude of Congress. Mr Taft is pleased with the results, which are better than he had hoped for. He said that European exigencies in the course of time would supply further safeguards. PACIFIC ISLANDS AND JAPAN. (Received February 15, 5.5 p.m.) PARIS, February 14. Japan refuses assent to the Mandatory plan with regard to tho Pacific Islands until she is informed of the precise nature and extent of "*he Mandatory control which is exercisable oyer the colonies.