CHAPTER II.

POINTS OF APPROACH.

There are various possible points of approach to the consideration of

the Protocol of Geneva. In view of the importance of the document,

doubtless all such methods are useful. Indeed, in the discussion of

such a paper, it is perhaps hardly possible exclusively to adopt only

one angle of view, such as the historical, the political, etc. My own

consideration of the paper, however, is to be primarily from the legal

viewpoint; without attempting wholly to avoid other points of view I

shall seek not to stress them.

The Protocol is an elaborate and technical international document; and

even in attempting to consider it primarily from the legal viewpoint

there are various methods or arrangements of such a discussion. The

general starting point which seems to me to be most desirable is that

of the legal effect of the Protocol upon the international relations of

the States which become parties to it, both as among themselves and as

to States not parties.

It will of course in this connection be necessary to consider the

obligations fixed by the Protocol in the event of its breach, as well

as those which are imposed by its acceptance and performance. These

latter may, however, very properly be first considered.

Accordingly, the first discussion will relate to the obligations of the

States which become parties to the Protocol as among themselves,

particularly in connection with the due performance of these

obligations by those parties.

Before coming to this first discussion, however, there are certain

general observations which may be made.

In the first place the paper is called a Protocol. The precise reason

for the use of this term does not appear; but it is probably due to the

fact that the Protocol of Geneva is in a sense supplementary to other

international agreements such as the Covenant of the League of Nations

and the Statute of the Permanent Court of International Justice; and

perhaps because the {4} Protocol is intended to be preliminary to

amendments to the Covenant (Article I, paragraph 1, of the Protocol).

Allusion is made to this provisional character of the Protocol of

Geneva in the Report[1] made by the First and Third Committees to the

Fifth Assembly of the League of Nations, where it is said:

"When the Covenant has been amended in this way

some parts of the Protocol will lose their value as between

the said States: some of them will have enriched the

Covenant, while others, being temporary in character, will have

lost their object.

The whole Protocol will remain applicable to relations

between signatory States which are Members of the

League of Nations and signatory States outside the

League,[2] or between States coming within the latter

category.

It should be added that, as the League realizes its aim

of universality, the amended Covenant will take the place,

as regards all States, of the separate régime of the Protocol."

Of course, as is pointed out in some detail by Satow (Diplomatic

Practice, Second Edition, Vol. II, pages 270 _et seq._), the word

"protocol" is used with quite a number of different meanings. In the

present case the meaning of the word is nothing more nor less than

treaty or convention.

It is naturally impossible to consider or discuss the effect of the

Protocol of Geneva without constant reference to the text of the

Covenant, to which the Protocol refers throughout. It is also

necessary to consider to some extent the Statute of the Permanent Court

of International Justice and even certain of the provisions of the

Treaties of Peace, other than the Covenant.

Moreover, as any consideration of the legal situation created by the

Protocol must assume that the document has come into force, it will be

interesting to sum up the provisions of the Protocol in that regard,

particularly as they are somewhat unusual.

[1] The English text of this Report is Annex C, p. 156.

[2] From the theory that the Protocol may properly be signed by

non-Members of the League, I dissent. See _infra_, p. 10., _et seq._

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