522 



THE AMEBIC AX MUSE CM JOrRXAL 



sider the problem of a League of Na- 

 tions from the minimum rather than 

 the maximum point of view. 



What are the minimum obligations 

 which the nations entering into a free 

 league will be willing to accept, but 

 which will be sufficient to make the 

 league effective for the purpose for 

 which it is primarily created— the pre- 

 vention of war ? 



All the proposals that I have seen 

 concerning a League of Xations pro- 

 vide for a separation of cases arising be- 

 tween the members of the League into 

 two classes: justiciable and nonjustici- 

 able. All agree that justiciable cases 

 should go to a regularly constituted 

 court, either the existing Hague court, 

 or a new court formed directly under 

 the League. 



For the nonjusticiable cases it is 

 agreed that in the case of a difference 

 between two nations which they them- 

 selves are unable to settle, they shall 

 not go to war with each other until the 

 members of the League not parties to 

 the controversy have had the grounds of 

 difference investigated and have made 

 recommendations for settlement. 



The method of reaching the recom- 

 mendations raises the question of the 

 nature of the organization of the 

 League. It is suggested that it will be 

 advisable for the body created by the 

 direct representatives of the nations in 

 the League to confine itself to essen- 

 tially legislative functions. This body 

 should control policies ; it should create 

 instruments and agents to carry out 

 these policies. The actual work should 

 be done by these instruments and 

 agents. A League of Nations composed 

 of a considerable number of members 

 could well consider and control poli- 

 cies. It could not wisely undertake the 

 investigation of a difference between 

 two nations and make recommendations 

 concerning the same. These duties 

 should be performed by a quasi judicial 

 body analogous to a commission. 



Presuming, therefore, that the inves- 



tigation in any case will be made by a 

 commission or council appointed by the 

 members of the League not parties to 

 the controversy, its recommendations, 

 whether unanimous or by majority, 

 must be final, precisely as the determi- 

 nation of a court, whether unanimous 

 or by majority, is final. To require that 

 the recommendations of a tribunal shall 

 be unanimous, or after their considera- 

 tion by the members of the League the 

 League itself shall be unanimous, as has 

 been seriously proposed, would be a de- 

 cision at the outset to make the League 

 of Xations futile. 



The case of the nobles of Poland, 

 who acted under the principle of una- 

 nimity with calamitous consequences to 

 that country for more than a century, 

 is a conclusive illustration. On the 

 other hand, the acceptance by the Amer- 

 ican people of the decisions of the Su- 

 preme Court of the L'nited States, often 

 with a Ijare majority, upon most mo- 

 mentous questions, some of these be- 

 tween the several states during the early 

 years of the Union when the states were 

 being cemented into a nation, is con- 

 clusive evidence of the soundness of the 

 principle advocated. 



The next question that arises is what 

 is to happen if a nation of the League 

 goes to war contrary to the recommen- 

 dations made. It has been proposed, 

 indeed strongly urged, by many who are 

 advocating a League of Nations that all 

 members of the League shall bind them- 

 selves in such a case to support the at- 

 tacked state with their armies and 

 navies and also economically. 



It does not seem to me that it will be 

 practicable to obtain the agreement of 

 the nations to such a condition, and I 

 therefore propose as a substitute that 

 they agree that any nation in the 

 League shall be free, if it so desire, to 

 support the attacked state with its army 

 and its navy ; and that all the members 

 of the League agree absolutely to boy- 

 cott the offending nation, to have no 

 trade or communication with it in anv 



