Every member of the League shall appoint for a term of years--say five

or ten--two conciliators and two deputy conciliators from among their

own subjects, and one conciliator and one deputy conciliator from among

the subjects of some other State. Now when a non-justiciable dispute

arises between two States which has not been settled by diplomatic

means, the three conciliators of each party in dispute shall meet to

investigate the matter, to report thereon, and to propose, if possible,

a settlement.

According to this proposal there would be in existence a number of

Councils of Conciliation equal to half the number of the members of the

League. Whenever a dispute arises, the Permanent Council of

Conciliation--with which I shall deal presently--shall appoint a

Chairman from amongst its own members. The Council thus constituted

shall investigate the case, report on it, send a copy to each party in

dispute and to the Permanent Council of Conciliation.

The _Permanent_ Council of Conciliation should be a _small_ Council to

be established by each of the Great Powers appointing one conciliator

and one deputy conciliator for a period of--say--five or ten years. The

reason why only the Great Powers should be represented in the Permanent

Council of Conciliation at the Hague is that naturally, in case coercion

is to be resorted to against a State which begins war without having

previously submitted the dispute to a Council of Conciliation, the Great

Powers will be chiefly concerned. This Permanent Council of Conciliation

would have to watch the political life of the members of the League and

communicate with all the Governments of the members in case the peace of

the world were endangered by the attitude of one of the members; for

instance by one or more of the members arming excessively. The Council

would likewise be competent to draw the attention of States involved in

a dispute to the fact that they ought to bring it before either the

International Court of Justice or their special Council of Conciliation.

This proposal of mine concerning mediation within the League of Nations

is, of course, sketchy and would need working out in detail if one were

thinking of preparing a full plan for its realisation. However that may

be, my proposal concerning a number of Councils of Conciliation has the

advantage that non-justiciable disputes would in each case be

investigated and reported on by conciliators who have once for all been

appointed by the States in dispute and who therefore possess their

confidence. On the other hand, the proposed Permanent Council of

Conciliation would guarantee to the Great Powers that important

influence which is due to them on account of the fact that they would be

chiefly concerned in case economic, military, or naval measures had to

be resorted to against a recalcitrant member of the League.

XII. Having discussed International Mediation by International Councils

of Conciliation, I must now turn to two questions which I have hitherto

purposely omitted, although in the eyes of many people they stand in the

forefront of interest, namely, firstly, _disarmament_ as a consequence

of the peaceable settlement of disputes by an International Court of

Justice and International Councils of Conciliation, and, secondly, the

question of the _surrender of sovereignty_ which it is asserted is

involved by the entrance of any State into the proposed League of

Nations.

Now as regards disarmament, I have deliberately abstained from

mentioning it hitherto, although it is certainly a question of the

greatest importance. The reason for my abstention is a very simple one.

I have always maintained that disarmament can neither diminish the

number of wars nor abolish war altogether, but that, if the number of

wars diminishes or if war be abolished altogether, disarmament will

follow. There is no doubt that when once the new League of Nations is in

being, war will occur much more rarely than hitherto. For this reason

disarmament will _ipso facto_ follow the establishment of a League of

Nations, and the details of such disarmament are matters which will soon

be solved when once the new League has become a reality. Yet I must

emphasise the fact that disarmament is not identical with the total

abolition of armies and navies. The possibility must always be kept in

view that one or more members of the League will be recalcitrant, and

that then the other members must unite their forces against them. And

there must likewise be kept in view the possibility of a war between two

members of the League on account of a political dispute in which

mediation by the International Councils of Conciliation was

unsuccessful. Be that as it may, it is certain that in time disarmament

can take place to a very great extent, and it is quite probable that

large standing armies based on conscription might everywhere be

abolished and be replaced by militia.

XIII. Let me now turn to the question of sovereignty. Is the assertion

really true that States renounce their sovereignty by entering into the

League? The answer depends entirely upon the conception of sovereignty

with which one starts. If sovereignty were absolutely unfettered liberty

of action, a loss of sovereignty would certainly be involved by

membership of the League, because every member submits to the

obligation never to resort to arms on account of a judicial dispute, and

in case of a political dispute to resort to arms only after having given

an opportunity of mediation to an International Council of Conciliation.

But in fact sovereignty does not mean absolutely boundless liberty of

action; and moreover sovereignty has at no time been a conception upon

the contents of which there has been general agreement.

The term 'sovereignty' was introduced into political science by Bodin in

his celebrated work 'De la Republique,' which appeared in 1577. Before

that time, the word _souverain_ was used in France for any political or

other authority which was not subordinate to any higher authority; for

instance, the highest Courts were called _cours souveraines_. Now Bodin

gave quite a new meaning to the old term. Being under the influence and

in favour of the policy of centralisation initiated by Louis XI of

France (1461-1483), the founder of French absolutism, Bodin defines

sovereignty as the 'absolute and perpetual power within a State.'

However, even Bodin was far from considering sovereignty to give

absolutely unfettered freedom of action, for he conceded that

sovereignty was restricted by the commandments of God and by the rules

of the Law of Nature. Be that as it may, this conception of sovereignty

once introduced was universally accepted; but at the same time the

meaning of the term became immediately a bone of contention between the

schools of publicists. And it is to be taken into consideration that the

science of politics has learnt to distinguish between sovereignty of

the State and sovereignty of the agents who exercise the sovereign

powers of the State. According to the modern view sovereignty is a

natural attribute of every independent State as a State; and neither the

monarch, nor Parliament, nor the people can possess any sovereignty of

their own. The sovereignty of a monarch, or of a Parliament, or of the

whole people is not an original attribute of their own, but derives from

the sovereignty of the State which is governed by them. It is outside

the scope of this lecture to give you a history of the conception of

sovereignty, it suffices to state the undeniable fact that from the time

when the term was first introduced into political science until the

present day there has never been unanimity with regard to its meaning,

except that it is a synonym for independence of all earthly authority.

Now, do you believe that the independence of a State is really infringed

because it agrees never to make war on account of a judicial dispute,

and in case of a political dispute not to resort to arms before having

given opportunity of mediation to International Councils of

Conciliation? Independence is not boundless liberty of a State to do

what it likes, without any restriction whatever. The mere fact that

there is an International Law in existence restricts the unbounded

liberty of action of every civilised State, because every State is

prohibited from interfering with the affairs of every other State. The

fact is that the independence of every State finds its limitation in the

independence of every other State. And it is generally admitted that a

State can through conventions--such as a treaty of alliance or of

neutrality or others--enter into many obligations which more or less

restrict its liberty of action. Independence is a question of degree,

and, therefore, it is also a question of degree whether or no the

independence of a State is vitally encroached upon by a certain

restriction. In my opinion the independence of a State is as little

infringed by an agreement to submit all its judicial disputes to the

judgment of a Court and not to resort to arms for a settlement, as the

liberty of a citizen is infringed because in a modern State he can no

longer resort to arms on account of a dispute with a fellow citizen but

must submit it to the judgment of the Court.

And even if it were otherwise, if the entrance of a State into the new

League of Nations did involve an infringement of its sovereignty and

independence, humanity need not grieve over it. The Prussian conception

of the State as an end in itself and of the authority of the State as

something above everything else and divine--a conception which found

support in the philosophy of Hegel and his followers--is adverse to the

ideal of democracy and constitutional government. Just as Henri IV of

France said 'La France vaut bien une messe,' we may well say 'La paix du

monde vaut bien la perte de l'independance de l'etat.'

XIV. I have come to the end of this course of lectures, but before we

part I should like, in conclusion, to touch upon a question which has

frequently been put with regard to the proposal of a new League of

Nations:--Can it really be expected that, in case of a great conflict of

interests, all the members of the League will faithfully carry out their

engagements? Will the new League stand the strain of such conflicts as

shake the very existence of States and Nations? Will the League really

stand the test of History?

History teaches that many a State has entered into engagements with the

intention of faithfully carrying them out, but, when a grave conflict

arose, matters assumed a different aspect, with the consequence that the

engagements remained unfulfilled. Will it be different in the future?

Can the Powers which enter into the League of Nations trust to the

security which it promises? Can they be prepared to disarm, although

there is no guarantee that, when grave conflicts of vital interests

arise, all the members of the League will faithfully stand by their

engagements?

These are questions which it is difficult to answer because no one can

look into the future. We can only say that, if really constitutional and

democratic government all the world over makes international politics

honest and reliable and excludes secret treaties, all the chances are

that the members of the League will see that their true interests and

their lasting welfare are intimately connected with the necessity of

fulfilling the obligations to which they have submitted by their

entrance into the League. The upheaval created by the present World War,

the many millions of lives sacrificed, and the enormous economic losses

suffered during these years of war, not only by the belligerents but

also by all neutrals, will be remembered for many generations to come.

It would therefore seem to be certain that, while the memory of these

losses in lives and wealth lasts, all the members of the League will

faithfully carry out the obligations connected with the membership of

the League into which they enter for the purpose of avoiding such a

disaster as, like a bolt from the blue, fell upon mankind by the

outbreak of the present war. On the other hand, I will not deny that no

one can guarantee the future; that conflicts may arise which will shake

the foundations of the League of Nations; that the League may fall to

pieces; and that a disaster like the present may again visit mankind.

Our generation can only do its best for the future, and it must be left

to succeeding generations to perpetuate the work initiated by us.

INDEX

Administration of Justice by International Courts, difficulties of, 62;

maintenance of tradition of, 67;

permanent institution for the, 61.

Aims of the League of Nations defined, 23, 28, 35-36.

Article 8 of the Hague Convention concerning the Pacific Settlement of

International Disputes, 70.

Article 23(h) of the Hague Regulations concerning Land Warfare, 45-55;

controversy respecting interpretation of, 45;

correspondence respecting, with Foreign Office, 48-55.

Autocratic Government, 11.

Belgium, 37, 66.

Bodin, 76.

Bonfils on Article 23(h) of the Hague Regulations concerning Land

Warfare, 49.

Bordwell on Article 23(h) of the Hague Regulations concerning Land

Warfare, 50.

British Empire, 13, 20.

Bryan Peace Treaties, 71.

Bryce, Lord, scheme of, 36.

Central Powers, the, are they to become members of the League of

Nations? 17, 36;

necessity for utter defeat of, 15, 37.

Colonies, wars for the acquisition of, 10.

Complex cases of dispute, how to settle, 68.

Congress of Vienna, 30, 42.

Constitutional Government, 10, 11;

necessity for, 19.

Court of Appeal, International, 66, 67, 69;

manning of, 64.

Court of Arbitration, establishment of International, 61.

Court of First Instance, International, 64;

manning of, 66.

Crucee, Emeric, 9.

Davis, General, on Article 23(h) of the Hague Regulations concerning

Land Warfare, 51.

Democracy, 10, 11.

Dickinson, scheme of Sir Willoughby, 36.

Disarmament, 21, 74.

Dubois, Pierre, 8.

Dynastic wars, 10.

Engagements of the members of the League of Nations, security for

fulfilment of, 79.

Equality, of States, 33, 39;

of the votes at Hague Peace Conferences, 38.

Family, the, a product of natural development, 10.

Family of Nations, political hegemony of the Great Powers within the, 31.

Federal World State, A, 18-20;

demanded by Pacifists, 31;

why not possible, 19.

Foreign Office, letter of, to Professor Oppenheim concerning Article

23(h), 52-55.

German Confederation, civil war within the, 32.

German Weissbuch on Article 23(h) of the Hague Regulations concerning

Land Warfare, 51, 54, 55.

Germany, is she to become a member of the League of Nations? 17, 36;

necessity for the utter defeat of, 15, 37.

Great Powers, 30, 66;

power and influence of the, 29-31.

Greece, city States of ancient, 7.

Gregory on Article 23(h) of the Hague Regulations concerning Land

Warfare, 50.

Grey, Earl, 5, 52, 53, 55.

Grotians, the School of, 62.

Grotius, Hugo, 9.

Hague Convention concerning the Pacific Settlement of International

Disputes, Article 8 of, 70.

Hague Peace Conferences, 34;

method of legislating by, 45;

the work of, obstructed by some States, 38;

standing council of, proposed, 39;

starting point of organisation of League of Nations by, 36, 39;

votes of States of equal value at, 38.

Hague Regulations concerning Land Warfare, controversy respecting

interpretation of Article 23(h) of, 45.

Henry IV of France, 9, 78.

Holland, Professor, on Article 23(h) of the Hague Regulations concerning

Land Warfare, 50.

Independence of States, what it is, 33, 77.

International Army and Navy, why impossible, 6, 18, 20-22, 41.

International Case Law, 64.

International Council of Conciliation, 28, 40, 69;

scheme for the establishment of, 72-74;

starting points for, 70.

International Court of Appeal, 66, 67;

a necessity, 63;

manning of, 64.

International Court of First Instance, 64;

manning of proposed bench to serve as, 64.

International Court of Justice, 18, 28, 65-68;

manning of, 65;

proposed permanent bench of, 65, 66;

proposed special benches of, for different cases, 66.

International Courts, claims of all States in manning of, 64;

difficulties of manning of, 65;

precedents of, 64.

International Executive, why impossible, 19, 41.

International Government, why impossible, 19.

International Law, a book law at present, 43;

and League of Nations interdependent, 6, 33;

complied with often without Courts, 60;

grew by custom during Middle Ages, 8;

not in being in antiquity, 6;

progress of, 33, 35, 38;

universal and general, difference between, 44.

International Legislation, 38, 41-48;

a by-product only in the past, 42;

difficulties of, created by conflicting interests of States, 44;

difficulties of, created by different methods of interpretation and

construction, 45;

difficulties of, created by the fact that a majority vote cannot

create a statute, 44;

difficulties of, created by the language question, 43;

meaning of the term, 41;

possible even without International Courts, 42, 60;

possible only by agreement of all the States, 42;

wide field open for, 43.

International Statutes, cannot be created by majority vote, 44;

interpretation and construction of, 45;

what are? 42.

Internationalism, growth of, 12.

Law-making treaties, what are? 42.

'La France vaut bien une messe,' 78.

League of Nations, 3, 8;

aims defined, 23, 28, 35-36;

and International Law interdependent, 6;

career in a sense started already, 8, 16;

conception of, very old, 6;

demand for, universal, 11;

impossibility of state-like organisation of, 36;

no unanimity concerning its aims or organisation, 18;

organisation of, demanded, 31;

problems connected with, 24, 28;

seven principles of, which ought to be adopted, 39-41;

so-called, but League of States is meant, 13;

starting point of organisation of, 33, 36, 39;

constitution _sui generis_ of, a necessity, 22, 33;

what is new in the now desired, 11;

when it would be an organised community, 11, 34.

Marini, Antoine, 8.

Mediation, International. _See_ International Council of Conciliation.

Militarism, conception of, 15;

Prussian, 16.

Nation, the, a product of historical development, 10, 14;

conception of, 13, 14;

not to be confounded with race, 13-14.

Nations, not to be confounded with States, 13, 14.

Nationality, principle of, 14, 32.

'Natura non facit saltus,' 5.

Naturalists, the School of, 62.

Oppenheim, letter of Foreign Office concerning Article 23(h) of the

Hague Regulations to Professor, 52-55.

Pacifists, 31.

Parliament, International, why impossible, 18, 19.

Permanent Court of Arbitration, International, 34;

establishment of, by the First Peace Conference, 61.

Permanent International Commissions of the Bryan Peace Treaties, 71.

Podiebrad, 8.

Police, International, 6, 41.

Politis on Article 23(h) of the Hague Regulations concerning Land

Warfare, 49, 55.

Porter _v._ Freundenberg, case of, 47.

Positivists, the School of, 62.

Precedents of International Courts, 66.

Principle of Nationality, 14, 32.

Prize Court, International, proposed by Second Peace Conference, 34.

Quis custodiet ipsos custodes? 21.

Race, a product of natural development, 10;

not to be confounded with Nation, 13, 14.

Rebus sic stantibus, proposal for dealing with the clause, 69.

Religion, wars of, 10.

Sovereignty, conception of, 75;

not surrendered by entrance into the League of Nations, 74, 75, 78.

State, ideal of the national, 14.

States of the World, the 25 Allied belligerent and the 17 neutral, 16-17.

Statutes, difference between International and Municipal, 42.

Sully, 9.

Swiss Confederation, civil war within the, 32.

Switzerland, 13.

Taft, Ex-President, 5.

Transoceanic States, entrance into League of Nations of, 38.

Tribe, the, a product of natural development, 10.

Ubi societas ibi jus, 8.

Ullmann, on Article 23(h) of the Hague Regulations concerning Land

Warfare, 50.

United States, civil war in the, 32.

Vienna Congress, the, 30, 42.

Votes, equality of, at Hague Peace Conferences, 38.

Wars for national unity, 10.

Wehberg on Article 23(h) of the Hague Regulations concerning Land

Warfare, 50.

Whewell, Dr., 4.

Whittuck on Article 23(h) of the Hague Regulations concerning Land

Warfare, 50.

Wilson, President, 5.

World Federation, a demand of Pacifists, 31.

AT THE BALLANTYNE PRESS

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Transcriber's Note:

Minor typographical errors have been corrected without note. Variant

spellings have been retained. Hyphenation has been standardised.

The League of Nations and Its Problems: Three Lectures · 第 5 / 5 段