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ANNEX II

THE DRAFT OF THE CONSTITUTION OF THE LEAGUE OF NATIONS

formulated by the special Commission which was authorized by the Peace Conference on January 25, reported to the full Conference on February 14, 1919, by President Wilson, and unanimously adopted by representatives of fourteen nations on the Commission.

Preamble-In order to promote internal cooperation and to secure international peace and security by the acceptance of obligations not to resort to war, 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 scrupulous respect for all treaty obligations in the dealings of organized peoples with one another, the Powers signatory to the covenant adopt this constitution of the League of Nations:

ARTICLE I.

The action of the high contracting parties under the terms of this covenant shall be effected through the instrumentality of a meeting of a body of delegates representing the high contracting parties, of meetings at more frequent intervals of an executive council and of a permanent international secretariat to be established at the seat of the league.

ARTICLE II.

Meetings of the body of delegates shall be held at stated intervals and from time to time as occasion may require for the pupose of dealing with matters within the sphere of action of the league. Meetings of the body of delegates shall be held at the seat of the league or at such other places as may be found convenient, and shall consist of representatives of the high contracting parties. Each of the high contracting parties shall have one vote, but may have not more than three representatives.

ARTICLE III.

The executive council shall consist of representatives of the United States of America, the British Empire, France, Italy and Japan, together with representatives of four other States, members of the league. The selection of these four States shall be made by the body of delegates on such principles and in such manner as they think fit. Pending the appointment of these representatives of other States representatives of (blank left for names) shall be members of the executive council.

Meetings of the council shall be held from time to time as occasion may require and at least once a year, at whatever place may be decided on, or failing any such decision, at the seat of the league, and any matter within the sphere of action of the league or affecting the peace of the world may be dealt with at such meetings.

Invitations shall be sent to any Power to attend a meeting of the council at which such matters directly affecting its interests are to be discussed, and no decision taken at any meeting will be binding on such Powers unless so invited.

ARTICLE IV.

All matters of procedure at meetings of the body of delegates or the executive council, including the appointment of committees to investigate particular matters, shall be regulated by the body of delegates or the executive council, and may be decided by a majority of the States represented at the meeting.

The first meeting of the body of delegates and of the executive council shall be summoned by the President of the United States of America.

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ARTICLE V.

The permanent secretariat of the league shall be established at which shall constitute the seat of the league. The secretariat shall comprise such secretaries and staff as may be required, under the general direction and control of the secretary-general of the league, who shall be chosen by the executive council; the secretariat shall be appointed by the secretary-general subject to confirmation by the executive council.

The secretary-general shall act in that capacity at all meetings of the body of delegates or of the executive council.

ARTICLE VI.

Representatives of the high contracting parties and officials of the league when engaged in the business of the league shall enjoy diplomatic privileges and immunities and the buildings occupied by the league or its officials or by representatives attending its meetings shall enjoy the benefits of extraterritoriality.

ARTICLE VII.

Admission to the league of States not signatories to the covenant and not named in the protocol hereto as States to be invited to adhere to the covenant requires the assent of not less than two-thirds of the States represented in the body of delegates and shall be limited to fully self-governing countries, including dominions and colonies.

No State shall be admitted to the league unless it is able to give effective guarantees of its sincere intention to observe its international obligations and unless it shall conform to such principles as may be prescribed by the league in regard to its naval and military forces and armaments.

ARTICLE VIII.

The high contracting parties recognize the principle that the maintenance of peace will require of the reduction national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations, having special regard to the geographical situation and circumstances of each State, and the executive council shall formulate plans for effecting such reduction.

The executive council shall also determine for the consideration and action of the several governments what 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 executive council.

The high contracting parties agree that the manufacture by private enterprise of munitions and implements of war lends itself to grave objections, and direct the executive council to advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those countries which are not

able to manufacture for themselves the munition and implements of war necessary for their safety.

The high contracting parties undertake in no way to conceal from each other the conditions of such of their industries as are capable of being adapted to warlike purposes or the scale of their armaments, and agree that there shall be full and frank interchange of information as to their military and naval programmes.

ARTICLE IX.

A permanent commission shall be constituted to advise the league on the execution of the provisions of Article VIII. and on military and naval questions generally.

ARTICLE X.

The high contracting parties shall undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all States members of the league. In case of any such aggression or in case of any threat or danger of such aggression the executive council shall advise upon the means by which the obligation shall be fulfilled.

ARTICLE XI.

Any war or threat of war, whether immediately affecting any of the high contracting parties or not, is hereby declared a matter of concern to the league, and the high contracting parties reserve the right to take any action that may be deemed wise and effectual to safeguard the peace of nations.

It is hereby also declared and agreed to be the friendly right of each of the high contracting parties to draw the attention of the body of delegates or of the executive council to any circumstance 'affecting international intercourse which threatens to disturb international peace or the good understanding between nations upon which peace depends.

ARTICLE XII.

The high contracting parties agree that should disputes arise between them which cannot be adjusted by the ordinary processes of diplomacy they will in no case resort to war without previously submitting the questions and matters involved either to arbitration

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or to inquiry by the executive council and until three months after the award by the arbitrators, or a recommendation by the executive council, and that they will not even then resort to war as against a member of the league which complies with the award of the arbitrators or the recommendation of the executive council.

In any case under this article the award of the arbitrators shall be made within a reasonable time, and the recommendation of the executive council shall be made within six months after the submission of the dispute.

ARTICLE XIII.

The high contracting parties agree that whenever any dispute or difficulty shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactorily settled by diplomacy, they will submit the whole matter to arbitration. For this purpose the court of arbitration to which the case is referred shall be the court agreed on by the parties or stipulated in any convention existing between them. The high contracting parties agree that they will carry out in full good faith any award that may be rendered. In the event of any failure to carry out the award the executive council shall propose what steps can best be taken to give effect thereto.

ARTICLE XIV.

The executive council shall formulate plans for the establishment of a permanent court of international justice and this court shall, when established, be competent to hear and determine any matter which the parties recognized as suitable for submission to it for arbitration under the foregoing article.

ARTICLE XV.

If there should arise between States' members of the league any dispute likely to lead to rupture, which is not submitted to arbitration as above, the high contracting parties agree that they will refer the matter to the executive council; either party to the dispute may give notice of the existence of the dispute to the secretary-general, who will make all necessary arrangements for a full investigation and consideration thereof. For this purpose the parties agree to communicate to the secretary-general, as promptly as possible, state

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