MEMBERS HAVE DIRECT OBLIGATIONS 115 population of a little more than one hundred millons, all in Europe. The members of the League, on the other hand, will have in Europe a population of over two hundred millions, and elsewhere a population of European stock of about one hundred and fifty millions. The people of non-European or mixed race in independent countries with stable governments will add, perhaps, a hundred million more, beside India, China and Africa with over seven hundred millions of people. In men and money, in commerce and natural resources, in all that gives ultimate power, the potential force of the League should be supreme, if its members keep faith and abide by their principles of maintaining peace and justice on the earth. If these figures show the potential force of the League, they show also the need of such a League, the need of a close and honorable co-operation among the members, and not least the need of watchful attention to the developments in central and eastern Europe. The second article of the Covenant provides that its action shall be effected through the instrumentality of an Assembly and a Council, with a permanent Secretariat. This means that so far as the members of the League act through any common organs these are the ones through which they act. It does not mean that they are not to act directly without the intervention of any organ of the League whatever. To hold such a view would nullify many of the obligations which, if one can use the expression, are personal and direct. For example, in Article X the members bind themselves individually to preserve and protect one another's independence and integrity against external aggression, the Council only giving advice on the best means of doing so. When under Article XIII two members go to arbitration they do it without regard to the Council or Assembly. Under Article XVI the boycott or blockade is to be set in operation immediately by the members, without waiting for action by the Council, which has no discretion to authorize or forbid it. This is true also of the obligation to furnish mutual economic support and allow the passage of troops. Again, the agreements for humane treatment of labor, etc., impose obligations directly upon the members of the League. How direct these obligations upon the members are, how much depends upon their automatic action, and how restricted is the authority of the organs of the League will be seen more fully as we proceed to examine the several articles of the Covenant. To meet criticisms made in America, a clause was added to the first article permitting any member of the League to withdraw after two years' notice. Such a withdrawal ought not, of course, to be permitted in order to avoid obligations already incurred; and it is therefore very properly subject to the proviso that these have all been fulfilled at the time of the withdrawal. No. 8 THE ASSEMBLY ARTICLE III This is the larger organ of the League, the one in which all the members are represented; by three delegates apiece if they please, so that if all the 45 countries named in the Annex to the Covenant should join the League, and each of them should send its full complement of three, the Assembly would fill 135 seats. Since statesmen and others in all lands have a strong desire to be of service on such occasions it is probable that the delegates present will not be much less than this, a number well fitted for debate, but not for confidential interchange of opinions on delicate matters. The Assembly will, indeed, probably attract more popular attention than any other organ of the League; and yet its actual functions, which are to be found scattered through various articles of the Covenant, are extremely limited. Besides regulating its own procedure and appointing its committees, it is empowered to select the four smaller states to be represented on the Council; to approve of enlargements of the Council; to confirm the selection of the Secretary General; to report upon disputes between nations referred to it by the Council or by either of the disputants; to advise the reconsideration by members of the League of treaties that have become inapplicable, and the consideration of international conditions endangering the peace of the world; and by a two-thirds vote to admit new members to the League. Except, therefore, for some definite powers relating to the organization and membership of the League, its authority in international affairs is confined to making a report in certain disputes and giving to the members advice on a few subjects. What then is the meaning of the third clause of the article which provides that "the Assembly may deal at its meetings with any SUCCEEDS HAGUE CONFERENCES 117 matter within the sphere of action of the League, or affecting the peace of the world." Clearly this does not mean that it can deal only with the subjects to which its authority extends by the special provisions of the Covenant, for that would reduce its field of discussion to almost nothing. Nor, on the other hand, does it mean that the Assembly can take action binding upon the members in all matters within the sphere of action of the League, because specific provisions are made for dealing with those matters, and the interpretation suggested would render all such provisions futile. The Assembly would have power to overrule them all. Moreover, Article V declares that except where otherwise expressly provided decisions of the Assembly or Council shall require the consent of all the members of the League represented at the meeting. But a unanimous decision of 45 countries can never be attained where there is any serious difference of opinion, and where there is not it is needless. To authorize the Assembly to deal unanimously with any subjects they please would, therefore, be simply conferring a power that cannot be used. In view of the other specific provisions of the Covenant the intention of the clause is perfectly clear. It means that the Assembly is authorized not to decide, but to discuss, all matters within the sphere of action of the League or that affect the peace of the world. In this it is the successor to the conferences at The Hague. Save for the very limited authority expressly vested in it the function of the Assembly is discussion, and that is of immense importance. The mere fact that any nation, however small, can bring its grievances and its aspirations before a general body of representatives gathered from all the free, orderly and civilized peoples of the earth is of inestimable value. It is a fertile means of creating that enlightened public opinion on international questions which has been heralded as one of the chief objects of a League. International distrust often arises from misunderstanding which can be removed by open conference; and points of contact are points of mutual comprehension. The greater part of the objections raised to the Covenant appear to be based on a misconception of the Assembly. We are told, for example, that if we accept the Covenant, the United States will be outvoted in a body in which the British Empire has six votes to our one, and in which the majority of members will be delegates from small or backward countries, perhaps even of Asiatic or African race. Similar objections are not raised against the Pan American Conference, although the United States could be immeasurably outvoted there by countries whose domination we should be unwilling to accept. No such objection is raised in the case of a Pan American Conference because it has no power to do anything but talk. In other words, it is a purely consultative body, with no legislative authority whatever. Yet it is not useless, because it brings the countries in this hemisphere together, gives a chance to air and remove grievances, and produces a more friendly feeling. The position of the Assembly under the League of Nations is closely analogous to that of a Pan American Conference, for it has power only to debate, and is not given authority to bind the members. Nevertheless, it also is not useless; and as the Pan American Conference was established with a view to promoting harmony between the countries in this hemisphere, so the Assembly is a sort of Pan World Congress to bring about harmony between all the nations of the earth. Under these circumstances, objections based on the number of delegates or their distribution are wholly beside the mark. Disraeli once said that Parliament was the great inquest of the nation. The Assembly of the League may well become the great inquest of the world; the body where plans for the betterment of mankind are advocated, and where codes of international law are prepared and debated. It may be observed that, although each member of the League is entitled to send three representatives to the Assembly, the voting is by states. Some people have desired a great parliament of the peoples of the earth, but as yet that is utopian. The organization of the modern world is built upon nationality, and whatever a remote future may bring forth, at present peace and order, justice, progress and liberty must be based upon a concert of free nations. No. 9 THE COUNCIL ARTICLE V The Council is the principal organ of the League; for, while its functions are almost entirely confined to supervision and the SMALL STATES FAIRLY TREATED 119 making of recommendations, the sphere in which it can do this is large. Now the responsibility for carrying out the objects of the League rests mainly upon the five large nations. On their co-operation its effectiveness depends. Without them it would be powerless. They must be kept constantly in close touch with one another, and hence in the small body which meets most frequently and in which the most intimate conference takes place, they must always be present. But although that body possesses no legal authority to direct the action of the members, yet, if it were composed exclusively of the representatives of the five largest nations, those five could, if they agreed together, exert such an influence as practically to rule the League, and in fact the whole world. It is important, therefore, that the smaller states should be represented on the Conucil, and that the states having seats there should not always be the same. To accomplish this result the Assembly is empowered to select from time to time the states that shall be represented; and since in the Assembly the small states will far outnumber the large ones, and each state has one vote, the states to have seats will practically be selected by the smaller members of the League. In order, moreover, that important action affecting any smaller state may not be taken in its absence it is further provided that in such a case the state shall be specially invited to attend. Thus effectiveness by the presence of the larger states is combined with fair consideration for the smaller ones. It is noteworthy that in revising the draft of the Covenant the name of the Executive Council was changed to Council, because it is not in fact intrusted with executive power. Apart from matters relating to the organization of the League such as the appointment of the Secretary General, and of permanent commissions, and the naming, with the approval of the Assembly, of additional members of the Council,-its functions are almost wholly advisory or supervisory. Thus it is to formulate plans for reducing armaments; to give advice on restricting the private manufacture of arms, and on the means of resisting aggression upon the integrity of a member of the League; to propose steps to give effect to an arbitral award; to formulate plans for a permanent court of justice; to endeavor to effect the settlement of disputes between two members of the League; to conduct inquiries in such cases; to publish facts and recommendations if it fails to |