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Liquidation of League of Nations Functions

Published online by Cambridge University Press:  20 April 2017

Denys P. Myers
Denys P. Myers*
Affiliation:
Legal Adviser’s Office, Department of State
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Extract

The Board of Liquidation of the League of Nations closed its accounts as of July 31, 1947, completing the dissolution of the institution established by the Covenant which had been effect since January 10, 1920. The dissolution itself—the cessation of all activities except for liquidation purposes—had been in effect since April 19, 1946, the day following the adjournment of the 21st ordinary session of the Assembly.

Type
Research Article
Information
American Journal of International Law , Volume 42 , Issue 2 , April 1948 , pp. 320 - 354
Copyright
Copyright © American Society of International Law 1948

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References

1 Argentina, Australia, Belgium, Bolivia, Canada, China, Colombia, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, Ethiopia, Prance, Greece, India, Iran, Iraq, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Panama, Poland, Turkey, Union of South Africa, United Kingdom, Uruguay, Yugoslavia.

2 Brazil, Chile, Costa Eica, Guatemala, Haiti, Honduras, Nicaragua, Paraguay, Peru, El Salvador, Soviet Union, Venezuela.

3 Byelorussia, Lebanon, Saudi Arabia, Syria, the Ukrainian Soviet Socialist Republic and the United States.

4 Afghanistan, Albania, Bulgaria, Estonia, Finland, Ireland, Latvia, Lithuania, Poland, Portugal, Siam, Sweden, Switzerland.

5 Executive Agreement Series No. 461.

6 The Economic and Social Council of the United Nations was built upon the essential idea which in the last active days of the League of Nations took form in the Central Committee for Economic and Social Questions set up in accordance with the Bruce report (League of Nations, The Development of International Cooperation in Economic and Social Affairs; Report of the Special Committee (A.23.1939)). That committee aimed to consolidate and coordinate the “technical problems” which the ramifying activities of the League had taken on. These so-called “economic and social questions” in the League experience embraced “economic questions—including inter alia, commercial, industrial and agricultural questions—financial and transport, demographic and emigration questions, questions of public health and hygiene, housing and nutrition, as well as the control of the traffic in drugs, prostitution, child welfare and other problems of social dangers and social well–being.” A Central Committee of 24 representatives of states designated by the League Assembly was ready to direct all these activities in lieu of the Council, when the League’s work was interrupted in 1940.

7 Powers and Duties attributed to the League of Nations by International Treaties (C.3.M.3.1944.V.1); List of Conventions with Indication of the Relevant Articles conferring Powers on the Organs of the League of Nations (C.100.M.100.1945.V.1);

The Committees of the League of Nations: Classified List and Essential Facts (C.99.M.99.1945.V.2).

In addition the Twenty–First List of Signatures, Ratifications and Accessions in respect of Agreements and Conventions concluded under the Auspices of the League of Nations, July 10, 1944, presented a general view of the “legislative” work of the League.

8 British, Chinese and French documents submitted to the Executive Committee are identified in its papers as PC/EX/LN 2, 3, 8, and 10.

9 See Henry Reiff, Transition from League of Nations to United Nations, 4–8 (Department of State, Publication 2542, United States–United Nations Information Series No. 5).

10 Report of the Executive Committee to the Preparatory Commission of the United Nations, 108.

11 PC/LN/4. The papers of Committee 7 bear this symbol, the records of meetings being published as supplements to the Journal of the Preparatory Commission.

12 PC/LN/5.

13 PC/LN/6, with the discussion at the fourth meeting, PC/LN/7.

14 PC/LN/9, which was adopted December 18, 1945, as PC/12 and which became Chapter XI of the Report of the Preparatory Commission, 116.

15 The Executive Committee recommended that the appointment of trustees under the nine loan contracts made under the auspices of the League should be taken over by the United Nations. The Soviet and Polish delegates to Committtee 7 objected in the committee, and the Report dismissed the matter with the reference mentioned. The paragraph was omitted when the Commission’s Report was made into the report to the General Assembly.(A/28). See, for a review of the loans, E/49 in Economic and Social Council, Official Records, 2d Session, 330.

16 The Assembly on April 18, 1946 appointed Mr. Lester Secretary–General retroactively as from September 1, 1940 (Records of the . . . 21st Ordinary Session of the Assembly, 277).

17 Records of the . . . 21st Ordinary Session of the Assembly, 114.

18 Records of the 19th Ordinary Session of the Assembly, Plenary Meetings, 97, 140.

19 Records of the 20th Ordinary Session of the Assembly, Plenary Meetings, 27, 45.

20 League of Nations, Report of the Supervisory Commission, 1943 (C.23.M.23. 1943.X), quoted in Records of the . . . 21st Ordinary Session of the Assembly, 110. See Report on the Work of the League during the War (A.6.1946.1945.2), in general, and the list of publications at p. 149.

21 League of Nations, Records of the . . . 21st Ordinary Session of the Assembly, 60, 258, 279.

22 Same, 10.

23 League of Nations, Report on the Work of the League of Nations during the War, 8 (A.6.1946.1945.2).

24 Report of the Executive Committee of the Preparatory Commission of the United Nations, 109 (PC/EX/113 Rev. 1).

25 Report of the Preparatory Commission of the United Nations, 118 (PC/20).

26 The papers are in the United Nations series A/LA/W, nos. 4, 8, 9, and 11.

27 United Nations, Official Records . . . of the General Assembly, League of Nations Committee . . . 30 Jan.–l Feb. 1946. The report of the committee (A/18) is printed at p. 11, with the Common Plan and its attachments annexed, including the inventories.

28 The report of the League of Nations Committee is A/28, printed in Official Records . . . of the General Assembly, Plenary Meetings . . . Verbatim Records, 10 Jan.–14 Feb. 1946, 598. The approval, without debate, is at p. 401.

29 United Nations, Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 36 (A/64).

30 Records of the . . . 21st Ordinary Session of the Assembly, 217. The report commented on the meaning of various paragraphs in consonance with the report to the General Assembly of the United Nations. Both sets of comments will be woven into the discussion of specific subjects in this paper.

31 Same, 176.

32 Same, 126.

33 Same, 61–62. The passage of the report which was approved is at p. 266; the formal resolution at p. 280.

34 Same, 63, 281; the original draft at p. 80.

35 Same, 11. The members represented were Afghanistan, Argentine Republic, Australia, Belgium, Bolivia, Canada, China, Colombia, Cuba, Czechoslovakia, Denmark,Dominican Republic, Ecuador, Egypt, Finland, France, Greece, India, Iran, Ireland, Luxembourg, Mexico, Netherlands, New Zealand, Panama, Poland, Portugal, South Africa, Sweden, Switzerland, Turkey, United Kingdom, Yugoslavia. An observer of the Austrian Government was admitted by resolution April 12.

36 Same, 48; the report of the General Committee at p. 212.

37 Same, 62; 281; the report at p. 253.

38 Same, 82.

39 The roll call recorded the affirmative votes of Afghanistan, Argentine Republic, Australia, Belgium, Bolivia, Canada, China, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, Finland, France, Greece, India, Iran, Ireland, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Sweden, Switzerland, Turkey, Union of South Africa, United Kingdom, Uruguay, Yugoslavia; Afghanistan, Finland, Ireland, Portugal, Sweden and Switzerland were the only states not members of the United Nations. The members of the League not present and voting were Albania, Bulgaria, Colombia, Estonia, Ethiopia, Iraq, Latvia, Liberia, Lithuania, Siam.

40 Compare the Roman law: Obligationes quae consensu contrahuntur contraria voluntate dissolvuntur (Inst. 3, 29, 4).

41 A/28, Official Records of the General Assembly, Plenary Meetings . . . 10 Jan. to 14 Feb. 1946, 598.

42 Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 35 (A/64).

43 Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33.

This transfer was specifically mentioned in the resolution of Feb. 12, section II, 2.

44 Records of the . . . 21st Ordinary Session of the Assembly, 57, 75, 278; see also the Report of the First Committee, 250.

45 League of Nations, Board of Liquidation, First Interim Report, 3.(C.83.M.83.1946) ; Final Report, 16. The archival file consisted of 4,834 registered texts and 18 filed texts, published in 205 volumes.

46 Same, Fourth Interim Report, 12 (C.4.M.4.1947).

47 The League of Nations had made available a survey of the Powers and Duties Attributed to the League of Nations by International Treaties (C.3M.3.1944.V.1), which listed them in 20 categories.

48 Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33 (A/64).

49 Records of the . . . 21st Ordinary Session of the Assembly, 57, 75, 86, 250, 278.

50 Same, 58, 87, 251, 278. The General Assembly of the United Nations in its resolution of February 12 (section II, 3) considered it to “be desirable for the Secretary–General to engage . . . such members of the experienced personnel” as were performing work taken over from the League.

51 Same, First Interim Report, 18 (C.83.M.83.1946); Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, 143 (A/64/Add.l).

52 United Nations, Report of the Secretary–General, 39 (A/65).

53 Economic and Social Council, Official Records, 1st session, 163; transfer details in E/38, same, 2d session, 224–42.

54 Same, 1st session, 165; transfer details in E/40, same, 2d session, 242–269; terms of reference, 391.

55 Same, 1st session, 166; transfer details in E/41, same, 2d session, 269–313; terms of reference, 402.

56 Same, 1st session, 167; transfer details in E/39, same, 2d session, 207–224; terms of reference, 398.

57 Same, 1st session, 169; transfer details in E/42, same, 2d session, 164–207; terms of reference, 395.

58 Same, 1st session, 168.

59 Same, 1st session, 104, 163; separated from Commission on Human Rights, E/38/Rev. 1, same, 2d session, 234; terms of reference, 405.

60 Same, 2d session, E/54, 327; Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, 2.

61 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 December 1946, 3. The Structure of the United Nations issued by the Department of Public Information (1947.1.12) shows the composition of the Secretariat, as well as of the commissions. Summaries of activities may be found in the Reports by the Economic and Social Council to the General Assembly, A/125 and A/382 and the Annual Reports of the Secretary–General on the Work of the Organization, A/65 and A/315 (Official Records of the Second Session of the General Assembly, Supp. No. 1).

62 The League of Nations bodies at the dissolution were: Economic Committee, Financial Committee, Fiscal Committee, Committee of Statistical Experts, Coordination Committee on Economic and Financial Questions, Committee of Experts for the Study of Demographic Problems, Committee for Communications and Transit, Health Committee, Advisory Committee for the Eastern Bureau of the Health Organization, Advisory Committee on Traffic in Opium and Other Dangerous Drugs, Advisory Committee on Social Questions, Advisory Committee of Experts on Slavery, International Committee on Intellectual Cooperation. For a summary of their work in the separate fields, see Essential Facts about the League of Nations, 10th edition, 1939, issued by the Secretariat, Information Section.

63 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, 50 (E/245/Rev. 1).

64 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, 79 (A/64/Add.l).

65 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, 13 (E/245/Rev. 1) quoting E/116 and E/168/Eev. 2, entitled “Transfer to the United Nations of Powers exercised by the League of Nations under the International Agreements, Conventions and Protocols on Narcotic Drugs.” See also Report of the Economic and Social Council, 23 Jan.–3 Oct. 1946, 49–56 (A/125), and General Assembly, Report of the Third Committee, A/194.

66 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, 81 (A/64/Add.l).

67 The amendments to instruments came into force as follows: convention of Jan. 23, 1912 on Feb. 24, 1948; agreement of Feb. 11, 1925 on Oct. 27, 1947; convention of Feb. 19, 1925 on Feb. 3, 1948; convention of July 13, 1931 on Nov. 21, 1947; agreement of Nov. 27, 1931 on Oct. 27, 1947; convention of June 26, 1936 on Oct. 10, 1947.

The protocol was in force for the United States on August 12, 1947 (Treaties and other International Acts Series 1671).

68 Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 Mar. 1947, No. 49 (IV), 37 (E/437); ibid., 19 July to 16 Aug. 1947, No. 86 (V), 55 (E/573); see also George A. Morlock, “Resolutions adopted by the Economic and Social Council relating to Narcotic Drugs,” Department of State Bulletin, XVI, 687.

69 E/41, appended to the Report of the Secretary–General on the Transfer to the United Nations of Non–Political Functions and Activities of the League of Nations, other than those Belonging to the League under International Agreements (E/177/Rev. 1), reprinted in Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 23 (III) , 54 (E/245/Rev. 1) and incorporated in A/134.

70 Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 March 1947, 24 (E/437).

71 Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug. 1947, no. 81 (V), 45 (E/573).

72 Same, No. 82 (V), 53.

73 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, 61 (E/245/Rev. 1).

74 Resolntions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 57 (I), 90 (A/64/Add.l); Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 March 1947, no. 44 (V) 27 (E/437); ibid., 19 July to 16 Aug. 1947, nos. 79 (V) and 80 (V), 39, 40 (E/573).

75 Resolutions of the Economic and Social Council . . . 28 Feb. to 29 March 1947, no. 43 (V), 24 (E/437).

76 This condition is stipulated in all transfers or arrangements for relationships. It is inserted pursuant to a resolution of the General Assembly of February 9, 1946 applied with respect to protocols, etc. in these terms: “all actions under these [instruments] should be suspended with respect to the Franco Government in Spain as long as that Government is in power.”

77 International Health Conference . . . Report of the United States Delegation (Department of State Publication 2703) is a convenient summary, with the texts.

78 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 61 (I), 96 (A/64/Add.l).

79 Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug. 1947, no. 91 (V), 68 (E/573) is the text of the draft.

80 League of Nations, Board of Liquidation, Final Report, 13, 63, 64.

81 Approved by the General Assembly Nov. 15, 1947; draft agreements, Resolutions of the Economic and Social Council . . . 19 July to 16 August 1947, no. 92 (V), 76 (E/437).

82 Same, 11 Sept. to 10 Dec. 1946, no. 1 (III), 1 (E/245/Rev. 1); ibid., 28 Feb. to 29 March 1947, no. 28 (IV), 2 (E/437).

83 Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 38 (A/64).

84 Resolutions of the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 5 (III) , 5 (E/245/Rev./l); ibid., 19 July to 16 Aug. 1947, nos. 68–72 (V), 6–9 (E/573).

85 Same, 28 Feb. to 29 March 1947, no. 29 (IV), 3 (E/437), 3; ibid., 19 July to 16 Aug. 1947, no. 62 (V), 1 (E/573).

86 Same, 28 Feb. to 29 March 1947, no. 41 (IV), 19 (E/437).

87 Report of the Preparatory Commission, 28 (PC/2); Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 11 (A/64), approving the report of the Second Committee (A/16).

88 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 23 (III) , appendix III , p. 62 (E/245/Rev. 1).

89 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 9 (III) , 11 (E/245/Rev./l) ; ibid., 28 Feb. to 29 March 1947, no. 40 (IV), 17 (E/573).

90 Same, 28 Feb. to 29 March 1947, no. 40 (IV), 16 (E/573).

91 Executive Agreement Series 494.

92 Executive Agreement Series 469; Resolutions of the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 23 (III) , at 64 (E/245/Rev. 1).

93 Text in A/106, with correction.

94 Draft texts in Resolutions of Economic and Social Council . . . 19 July to 16 Aug. 1947, nos. 90 and 89 (V), 61, 56 (E/573).

95 Same, 28 Feb. to 29 March 1947, no. 35 (IV), 8 (E/437).

96 Same, 19 July to 16 Aug. 1947, no. 73 (V), 10 (E/573).

97 For a sketch of the work, see A/C. 3/5 in General Assembly, Official Records of the 1st Part of the 1st Session, Third committee, 37.

98 League of Nations, Records of the . . . 21st Ordinary Session of the Assembly, 90, 228, 282; Board of Liquidation, Third Interim Report, 6 (C.3.M.3,1947); Final Report, 17 (C.5.M.5.1947.1).

99 Board of Liquidation, Fourth Interim Report, 5, 6 (C.4.M.4.1947).

100 Resolutions adopted by the General Assembly, . . . 23 October to 15 December 1946, no. 62 (I), 97.

101 See League of Nations, The Mandates System: Origin—Principles—Application (1945.VI.A.1).

102 United Nations, General Assembly, Official Records of 1st Part of 1st Session, Plenary Meetings, Australia, 233; Belgium, 238; France, 251; New Zealand, 227; South Africa, 180; United Kingdom, 166; resolution of Feb. 9, 1946, Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, no. 9 (I) , 3 (A/64).

103 League of Nations, Records of the . . . 21st Ordinary Session of the Assembly, Australia, 47; Belgium, 43; France, 34; New Zealand, 43; South Africa, 32–33; United Kingdom, 28.

104 United Kingdom, Treaty Series no. 32 (1946), Cmd. 6916. The ratifications were exchanged June 17, 1946, so the treaty entered into force only after the resolution of the Assembly.

105 Records of the . . . 21st Ordinary Session of the Assembly, 278, with the report at 251 and the vote, Egypt abstaining, at 58.

106 See the Report of the Fourth Committee, December 12, 1946, A/258, for the negotiations.

107 Texts of Agreements for Trust Territories as approved . . . 13 December 1946 (General Assembly, Official Records of the 2d Part of the 1st Session, Supp. No. 5) ; Nauru, A/402/Rev./l.

108 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 65 (I), 123 (A/64/Add.l).

109 Same, no. 64 (I) , 122.

110 61 Stat. 397 (Public Law 204, 80th Cong., 1st Sess.); in general, Robert R. Robbins, “United States Trusteeship for the Territory of the Pacific Islands,” Department of State Bulletin, XVI, 783; agreement in Treaties and Other International Act Series, No. 1665.

111 Resolutions adopted by the General Assembly . . . 28 April to 15 May 1947, no. 106 (S–l) , 6 (A/310).

112 A/364.

113 A/516.

114 Records of the . . . 21st Ordinary Session of the Assembly, 59, 93, 252, 279.

115 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dee. 1946, no. 79 (I), 140 (A/64/Add.l); 1 United Nations Treaty Series, at 112, file 2.

116 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 24 (III), 69 (E/245/Rev.1).

117 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 71 (I), 133 (A/64/Add.l).

118 Same, no. 50 (I), 78; text in A/77 and as covered by the protocol of February 3, 1947, in 1 United Nations Treaty Series, 233, file 11.

119 The schedule in A/136.

120 League of Nations, Board of Liquidation, Third Interim Report, 3 (C.3.M.3.1947).

121 Records of the . . . 21st Ordinary Session of the Assembly, 238, 252, 279.

122 League of Nations, Board of Liquidation, Final Beport, 20 (C.5.M.5.1947.I).

123 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 55 (I), 89 (A/64/Add.l).

124 Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 Mar. 1947, no. 57 (IV), at 50 (E/437).

125 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946, no. 17 (III), 27 (E/245/Rev.l).

126 Economic and Social Council, Official Records, 1st Session, 321.

127 Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug. 1945, no. 100 (IV), 92 (E/573).

128 Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 March, 1947, no. 54 (IV), 44 (E/437); ibid., 19 July to 16 Aug. 1947, no. 97 (V), 90 (E/573); the note by the Secretary–General is E/465.

129 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 96 (I), 188 (A/64/Add.l).

130 Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug. 1947, no. 77 (V), 21, at 28 (E/573).

131 Report of the Executive Committee of the Preparatory Commission of the United Nations, 8, 67 (PC/EX/113/Rev. 1).

132 Report of the Preparatory Commission of the United Nations, 57 (PC/20).

133 Records of the 20th and 21st Ordinary Sessions of the Assembly, 73, 55, 277 (League of Nations Official Journal, Spec. Sup. no. 194).