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however, illustrates the danger of placing power over member states in the hands of a central commission which acts by majority vote, with no right of appeal. Its very success was the cause of complaint by its most influential member, Great Britain. When the price of sugar rose, and the members who were unequally affected placed retaliatory duties on other articles than sugar, applications began to come in for exemptions from the provisions of the Convention. Exceptions were made in favor of Brazil, Mexico, Cuba, Venezuela, Switzerland, Russia, and Great Britain, in some instances amounting for a particular state to a nullification of the purpose of the Convention. Finally, because of a refusal to allow a further exemption to Russia, Great Britain-herself at liberty to admit bounty-supported sugar-withdrew, carrying Italy with her. The Convention after a life of seventeen years is still in force, but with reduced membership and effectiveness. In this case, at least, the impossibility of binding a powerful state contrary to its interests was exemplified.

REFERENCES FOR CHAPTER XVIII

REINSCH. Public International Unions, 2d ed.

SAYRE, F. B. Experiments in International Administration, p. 19-26, 117-131.

WOOLF. International Government, p. 153-265.

INTERNATIONAL LABOR PROGRAMME.

(Current History, 10: pt. 1, p. 516-525, June, 1919.)

CHAPTER XIX

THE INTERNATIONAL LABOR ORGANIZATION

WITH the foregoing summaries, illustrations, and comments in mind, we may now examine more intelligently the latest attempt at the formation of an effective public international union. This is the International Labor Organization created by the Versailles Peace Treaty, and in accordance with Article 23 of the League of Nations Covenant. In that article the members of the League pledge themselves to "endeavor to secure and maintain fair and humane conditions of labor for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international organizations." One of the important commissions of the Peace Conference was that on International Labor Legislation engaged, contemporaneously with the sessions of the League of Nations Commission, in giving life to the pledge just quoted from the Covenant. It drew up a draft of an international labor convention which was presented to the Peace Conference on April 11, 1919, and subsequently adopted by it as part of the Peace Treaty. It now is Part XIII of that treaty, and is in fact a league of nations covenant as remarkable as the Covenant of the League of Nations itself. By it a close connection is established between the League and the new International Labor Organization. According to the preamble, the ultimate aim of the Labor Organization, as of the League Covenant, is the establishment of universal peace, because "such a peace can be established only if it is based upon social justice." It then enumerates some of the conditions of labor that should be remedied, ending with the statement that "the failure of any nation See Appendix 1.

to adopt 'numane conditions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries." Wherefore agreement is made on general principles to be followed in the future, and on the detailed organization of an international body with rules for its government and procedure. A permanent organization is set up by Articles 387 to 399. The original members of the League of Nations are by that fact members of the Labor Organization, and a state cannot become a member of the former without joining also the latter. The permanent organization consists of (1) a Ġeneral Conference of representatives of the members, (2) a Governing Body, and (3) an International Labor Office.

The General Conference consists of delegates appointed by the members. Each government appoints four delegates, two of whom are "Government delegates", and the two others representative respectively of "the employers and the workpeople of each of the members." The two latter, the member states agree to appoint when chosen "in agreement with the industrial organizations, if such organizations exist, which are most representative of employers or workpeople, as the case may be, in their respective countries."

Each delegate may be accompanied by advisers chosen in like manner, but the advisers may not vote or speak except when formally acting as deputies of their delegates. At other times they may not vote, and may speak only on the request of the delegates whom they accompany, with permission of the President. The Conference may by a two-thirds vote refuse to admit any delegate or adviser whom it deems not to have been properly nominated. Women may serve as advisers on questions affecting women.

Meetings shall be held at least once a year and at other times as occasion may require. Each delegate is entitled to vote individually, so that the attitude of the governments, the employers, and the workers may be truly represented by the votes. This plan differs from all of the others which have been described. In both the Universal Postal Union and the International Sugar Commission each government has only one vote, but in the former they may have more than one delegate. In the International Institute of

Agriculture the governments each have one delegate but their votes have weight according to the number of units assigned to them. Except where otherwise specified, the decisions in the Labor Conference are taken by simple majority vote; but the exceptions are very important. They are five in number: (1) when a programme for a coming conference has been prepared and sent to the members, if any of their governments objects to the inclusion of one of the agenda, it may not be considered at the Conference unless two-thirds of the delegates present vote in favor of its inclusion. The Conference may by a two-thirds vote decide on the agenda to be considered at its next meeting (Art. 402); (2) when the Conference has decided on the adoption of proposals with regard to an item on the agenda, it will rest with the Conference to determine whether they shall take the form (a) of a recommendation to be submitted to the members for consideration with a view to effect being given to it by national legislation or otherwise, or (b) of a draft convention for ratification by the members. In either case a two-thirds majority of the delegates present is required (Art. 405); (3) the Conference may by a two-thirds vote exclude any delegate or adviser whom it deems not to have been properly nominated (Art. 389); (4) a two-thirds vote is required to change the meeting place of the Labor Organization (Art. 391); (5) amendments to the Labor Covenant may be made only by a two-thirds majority of the delegates present at the Conference, and they do not take effect until ratified by the states whose representatives compose the Council of the League of Nations and by threefourths of the members (Art. 422). The last is the only instance in which any action of the Labor Organization may result in an obligation by a state to accept a change in a treaty without its own consent, and this result is only brought about after ratification by the states represented on the League of Nations Council, and by three-fourths of the members of the League, the membership in the League and in the Labor Organization being identical.

The International Labor Office is to be located at Geneva, the seat of the League of Nations. It has a Director who is responsible for the conduct of the Office and who in person or by deputy must

attend all meetings of the Governing Body. He is secretary of the Conference. He appoints his own staff, selecting them as far as possible from different nationalities. Some of the appointees must be women. The functions of the Labor Office include the collection and distribution of information on all subjects relating to the international adjustment of conditions of industrial life and labor and particularly of subjects which it is proposed to bring before the Conference with a view to the conclusion of international conventions, and the conduct of such special investigations as may be ordered by the Conference; the preparation of programmes for meetings of the Conference; and the publication of an international labor periodical in several languages. The Director carries on correspondence with the members through their representatives on the Governing Body or through some other official appointed by the respective governments. He is entitled to the assistance of the Secretary-General of the League of Nations and is responsible to him for the expenditure of his office budget.

The Governing Body consists of twenty-four persons, twelve representing the governments; six, the employers; and six, the workers. Of the twelve persons representing the governments, eight are nominated by the members "which are of the chief industrial importance" (to be decided in case of dispute by the Council of the League of Nations), and four by the members selected for the purpose by the government delegates, excluding the delegates of the eight members above. Members of the Governing Body serve for three years. It elects its own chairman, regulates its own procedure, and fixes the time for regular meetings. Special meetings may be called on the written request of ten of its members. The International Labor Office is under the control of the Governing Body which appoints its Director.

The Governing Body decides upon the agenda for all meetings of the Conference, giving consideration to suggestions made by governments or by organizations representing employers and workpeople. The agenda are sent to the members by the Director so as to reach them four months before the meeting of the Conference. Objections may then be made and passed upon by the

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