Chapter XXI: Revised Covenant of the League of Nations--The Treaty of Peace

On April 28, 1919, the revised covenant of the League of Nations was adopted by the plenary session of the Peace Conference without divisions and without amendment. Sir Eric Drummond of Great Britain was nominated the first secretary general of the League.

The covenant as drafted may be briefly summed up.

"The original members of the League of Nations shall be those of the signatories which are named in the annex to this covenant, and also such of those other states named in the annex as shall accede without reservation to this covenant."

(In the annex to the covenant the original members of the League of Nations signatory to the treaty of peace are given as follows: the United States of America, Belgium, Bolivia, Brazil, British Empire, Canada, Australia, South Africa, New South Wales, India, China, Cuba, Czecho-Slovakia, Ecuador, France, Greece, Guatemala, Haiti, Hedjaz, Honduras, Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Rumania, Serbia, Siam, and Uruguay. States invited to accede to the covenant: Argentine Republic, Chile, Colombia, Costa Rica, Denmark, Netherlands, Norway, Paraguay, Persia, Salvador, Spain, Sweden, Switzerland, and Venezuela.) It is interesting to note that Mexico was not included among the states invited to join the League.

Article I, as revised, provides that "Any self-governing state, dominion, or colony, not named in the annex may become a member of the League if its admission is agreed to by two-thirds of the assembly, provided it shall give effective guaranties of its sincere intention to observe its international obligations and shall accept such regulations as may be prescribed by the League in regard to its military and naval forces and armaments.

"Any member of the League may, after two years' notice of its intention, withdraw from the League, provided that all its international obligations and all its obligations under this covenant shall have been fulfilled at the time of its withdrawal."

Article IV, as revised, reads: "The council shall consist of representatives of the United States of America, of the British Empire, of France, of Italy, and of Japan, together with four other members of the League. These four members of the League shall be selected by the assembly from time to time in its discretion. Until the appointment of the representatives of the four members of the League first selected by the assembly, representatives of (blank) shall be members of the council."

Two new paragraphs in this article provide specifically for one vote for each member of the League in the council, which was understood before, and providing also for one representative of each member of the League.

Names of delegates, not previously given, who signed on behalf of the Allied and Associated Powers, are: ITALY, Baron Sonnino, Marquis Imperiali, S. Crespi; BELGIUM, Paul Hymans, Van den Heuvel, E. Vandervelde; BOLIVIA, Ismael Montes; BRAZIL, P. Calogeras, Rodrigo Octavio; CUBA, Antonio Sanchez de Bustamente; ECUADOR, Enrique Dorn y de Alsua; GREECE, E. Venizelos, N. Politis; GUATEMALA, Joaquin Mendez; HAITI, Terulien Guilbaud; HEDJAZ, Rustem Haidar, Abdul Hadi Anuni; HONDURAS, Policarpo Bonilla; LIBERIA, C. D. B. King; NICARAGUA, Salvador Chamorro; PANAMA, Antonio Burgos; PERU, Candamo; POLAND, Paderewski, Dmowski; PORTUGAL, Costa, Soares; RUMANIA, Bratiano, Coanda; JUGOSLAVIA, Pachitch, Trumbitch, Vesnitch; SIAM, Prince Charoon, Prince Traislos Probandhu; CZECHO-SLOVAKIA, Kramarez, Benes; URUGUAY, Buero.]

A new paragraph in Article V expressly incorporates the provision as to the unanimity of voting, which was at first taken for granted. The second paragraph of Article VI has added to it that a majority of the assembly must approve the appointment of the secretary general.

In Article VII Geneva is named as the seat of the League, as before, but the council are given power to establish it elsewhere if subsequently desired.

A new paragraph in Article VII establishes equality of employment of men and women by the League.

An added paragraph in Article XIII gives instances of disputes which are generally suitable to arbitration, such disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact, which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach.

A new paragraph added to Article XV is an amendment regarding domestic jurisdiction, that where the council finds that a question arising out of an international dispute affects matters which are clearly under the domestic jurisdiction of one or other of the parties, it is to report to that effect and make no recommendation.

A new paragraph in Article XVI provides for expulsion from the League when a member violates any covenant "by a vote of the council concurred in by the representatives of all the other members of the League represented thereon."

Article XXI was not in the first draft of the League covenant and reads: "Nothing in this covenant shall be deemed to affect the validity of international engagements, such as treaties of arbitration, or regional understandings, such as the Monroe Doctrine, for securing the maintenance of peace."

This amendment recognizing the validity of the Monroe Doctrine meets the "inequality of voting power" criticism, and its inclusion in the covenant was regarded as a personal triumph for President Wilson.

Article XXII provides that all agreements shall be unanimous and that a nation must decide whether it is to be a mandatory for any other nation.

Article XXIII contains a new clause providing for just treatment of the aborigines, a clause looking toward prevention of the white slave traffic and opium traffic, and a clause looking toward progress in international prevention of disease.

Article XXV specifically mentions the Red Cross as one of the international organizations which are to connect their work with the work of the League.

Article XXVI permits the amendment of the covenant by a majority of the states composing the assembly, instead of three-fourths of the states, though it does not change the requirement in that matter with regard to the vote of the council. A new paragraph was added to this Article at the request of the Brazilian delegates in order to avoid constitutional difficulties. It permits any member of the League to dissent from an amendment, the effect of such dissent being withdrawal from the League.

On May 7, 1919 (the anniversary of the sinking of the _Lusitania_), the Treaty of Peace between the Allied and Associated Powers on the one hand and Germany on the other was delivered to the German plenipotentiaries at Versailles. Fifteen days were allowed for reply.

The treaty represents the work of more than a thousand experts who were continuously engaged on the task for three and a half months. It is the longest treaty ever drawn, totaling about 80,000 words. The treaty does not deal with questions affecting Austria, Bulgaria, and Turkey except to the extent of binding Germany to accept any agreement reached with her old allies.

The covenant of the League of Nations is contained in the first section of the treaty and in addition to its general duties others are specified.

The League may question Germany at any time for a violation of the neutralized zone east of the Rhine as a threat against the world's peace. A high commissioner of Danzig will be appointed to guarantee the independence of the free city, and arrange treaties between Danzig, Germany, and Poland. It will appoint three out of five members of the Sarre commission, oversee its regime and carry out the plebiscite. The mandatory system will be applied to the former German colonies and the League will act as a final court in the matter of the plebiscites of the Belgian-German frontier and Kiel Canal disputes.