208 WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 



tribunal. The common law doctrine that no one should be judge 

 in his own case would seem as applicable to international as to 

 private relations.*^ 



This particular question has not been raised in connection with 

 the League of Nations Covenant because, according to Article XIII, 

 disputes can be submitted to arbitration only by consent of the 

 parties and in the United States this consent would be indicated by 

 the treaty-making power in concluding the instrument of sub- 

 mission.^^ Senator Knox and others have, however, in effect 

 asserted that the powers conferred upon the Council and Assembly 

 of the League of Nations are in part legislative, and hence in so 

 far the treaty would be unconstitutional.^* It is believed that this 

 criticism overlooks three important aspects of the Covenant, 

 (i) "Decision at any meeting of the Assembly or of the Council 

 (except where otherwise expressly provided) shall require the 

 agreement of all the members of the League represented at the 

 meeting," ^^ thus the United States would not be delegating legis- 

 lative power any more than it has in participating in international 

 conferences such as the Hague, Algeciras or Versailles Confer- 

 ences. It will be noticed that it is not the agreement of the Amer- 

 ican representative which is required but of the " member of the 

 League," that is, of the United States itself, and as has been noticed 

 the United States cannot be bound by any agreement unless the 

 proper constitutional organ has acted. ^^ Thus if the decision was 

 of a character which could only be made by the treaty-making 

 power, the United States would not be bound until the Senate had 

 consented. Apparently the only decisions, aside from questions of 



82 See infra, sec. 139. 



S3 The scheme drafted by Mr. Root and others for the international 

 court authorized by Article XIV of the Covenant would, however, raise the 

 issue, since Article XXXIV provides : " In the event of a dispute as to 

 whether a certain case is within any of the categories above mentioned, 

 the matter shall be settled by the decision of the court." Am. Jl. Int. Law, 

 Supp. 14: 379 (Oct., 1920). This was modified by the Assembly of the 

 League of Nations in December, 1920, Ibid., 15: 264. 



s* Address in Senate, March i, 1919. 



8^ Art. V. The United States is by the terms of the Covenant repre- 

 sented on both the Council and the Assembly. 



86 Stipra, sec. 24. 



