Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-15T02:18:05.577Z Has data issue: false hasContentIssue false

Membership in the League of Nations

Published online by Cambridge University Press:  04 May 2017

Extract

Growth of membership. When the Covenant of the League of Nations came into force on January 10, 1920, there were twenty-three members of the League. By the expiration of the two months allowed by Article 1 for accessions to the Covenant, on March 10, 1920, the number had been increased to thirty-three. When the First Assembly met on November 15,1920, the League had forty-two members, and when it adjourned on December 18, 1920, the number had been increased to forty-eight. The Second Assembly in 1921 admitted three more members, the Third Assembly in 1922 admitted one, and the Fourth Assembly in 1923 admitted two.So that since the Fourth Assembly, the members number fifty-four. These include all but seven of the twenty-four Powers represented at the first Hague Conference in 1899, and all but seven of the forty-five Powers represented at the second Hague Conference in 1907.

Type
Research Article
Copyright
Copyright © American Society of International Law 1924

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 The seven Powers are the Dominican Republic, Ecuador, Germany, Mexico, Russia,Turkey and the United States of America. Korea and Montenegro no longer have independent status; Korea was represented at the Hague Conference of 1899, and Montenegro was represented at the Hague Conferences of 1899 and 1907. See Fedozzi, , “La Situation juridique et internationale du Montenegro,”49 Journal du Droit international prive (1922),pp. 549 549.Google Scholar

2 The word “ accede” was used, rather than “ adhere,” in order to denote the placing of the acceding state under the same conditions as the signatory states. See Satow, ,Diplomatic Practice (2 ed.), Vol.2, pp.317.Google Scholar Whereas through accession a third State becomes a party to the treaty, with all the rights and duties arising from it, through adhesion a third State becomes a party only to such parts or principles of the treaty as it has adhered to.Oppenheim, ,International Law (3 ed.), 1,685.Google Scholar But some of the letters of accession use one term, some the other, and some use both. Paraguay uses the term “ accept.”

3 See Records of Second Assembly, Plenary Meetings, p. 685.

4 By means of a single ratification deposited for the whole British Empire, the four Dominions signatory to the Treaty of Versailles—Canada, Australia, New Zealand, South Africa—and India also became members.See post, paragraph

5 These dates are taken from 113 Brit. & For. State Papers, 470. As to Panama, although her ratification was not deposited until Nov. 25, announcement of the ratification had previously been made by telegram. League of Nations Official Journal (cited herein as “ Official Journal” ), 1920, p. 299. This enabled Panama to be represented at the First Assembly which opened on Nov. 15,1920.

6 As well as in the ill-fated Treaty of Sevres with Turkey; but this treaty was never brought into force. The Treaty of Lausanne of July 24,1923, between certain of the Allied Powers and Turkey, does not include the Covenant.

7 See 113 Brit. and For. State Papers, 464. See Koo, V. K. Wellington , “China and The League of Nations,” in Les Origines et L’Oeuvre de la Sociite des Nations, I,342.Google Scholar

8 The second paragraph of Article 1 of the Covenant does not provide for the later election of any of these states which might have failed to accede within the conditions set.

9 Official Journal, 1920, pp.13-13.

10 Ibid., p. 14

11 Ibid., p. 15.

12 Ibid., pp.

13 Ibid., p. 16.

14 Ibid., pp. 259-259.

15 See paragraph 7, post.

16 Official Journal, 1920, pp. 260260. See Lie, “ L'Entrée de la Norvège dans la Société des Nations,ȝ in Les Origines et L'Oeuvre de la Société des Nations, I, p. 345.

17 Official Journal, 1920, p. 261.

18 See paragraph 8, post.

19 Official Journal, 1920, p. 262. On the procedure followed in the Netherlands, see Grotius Annuaire International, 1921-22, pp. 6666. See also Struycken, “ L’Attitude des Pays-Bas envers La Society des Nations,” in Les Origines et L’Oeuvre de la Societe des Nations,I, p. 267.

20 Ibid., p. 262. See Trygger, Ȝ L’Entree de la Suede dans la Society des Nations,ȝ in Les Origines et L’Oeuvre de la SocittS des Nations, I, 428.

21 Official Journal, 1920, p. 263.

22 The legislative ratification of accession was voted on June 25, 1920, and was approved by the provisional President on October 12, 1920. Venezuela, Recopilacion de Leyes, 1920,pp. 911911.

23 Official Journal, 1920, p. 15.

24 Proces-verbal of Second Session of the Council, 4th meeting, p. 5.

25 Procès-verbal of the Second Session of the Council, 4th meeting, p. 5.

26 Message du Conseil Fédéral à l’Assemblee Fédérate du 4 aoû, 1919. This has been translated into English by Dr. Pawley Bate, formerly a member of the Legal Section of the Secretariat.

27 See Message, p. 92.

28 Procfes-verbal of the Second Session of the Council, 2nd meeting, p. 3.

29 Ibid.

30 Procès-verbal of the Second Session of the Council, 4th meeting, p. 45.

31 Message du Conseil fédéral à l’Assemblée fédérale du 4 août 1919, p. 37.

32 Message complémentaire du Conseil fédéral àl’ AssembUe fédérale concemant la question de Vaccession de la Suisse à la Société des Nations (du 17 fivrier (1920), p. 24.

33 Le présent arrêtéfédéral sera soumis au vote du peuple et des cantons, aussitôt queles cinq Grandes Puissances auront adhéré au Pacte.Message CompUmentaire du Conseil fédéral (du 17 fivrier 1920), p. 20.

34 Ibid., p. 18.

35 Borel, “ La Neutrality de la Suisse au sein de la Société des Nations,” 27 Revue gintrale de droit int. public, 2nd ser., 1920, p. 153. See, also, Mowat, “ The Position of Switzerland in the League of Nations,” British Year Book of International Law, 1923-24, p. 90. The most complete account is that of Professor W. E. Rappard, in a brochure entitled L’Entrie de la Suisse dans la Sociiti des Nations (Geneva, 1924).

36 But the Canadian Parliament, for example, took the same action as was taken by the London Parliament; i.e., it authorized the Canadian Government to issue the necessary Orders in Council to give effect to the treaty, and by Order in Council of September 12, 1919, His Majesty the King is “ humbly moved to approve, accept, confirm and ratify the said Treaty of Peace, for and in respect of the Dominion of Canada.” See Canadian Sessional Paper No. 41 j (Special Session, 1919).

37 The general term “Dominions” is used in this connection to describe the Dominion of Canada, the Commonwealth of Australia, the Union of South Africa, the Dominion of New Zealand, and India, though it is not a term of art. See Nathan, “ Dominion Status,” in Grotius Society Transactions, Vol. VIII, p. 117. The term is sometimes applied to Newfoundland and to Southern Rhodesia. But a recent writer has said: “ Newfoundland is technically a Colony rather than a Dominion, and the fact that she was not given a separate place in the Peace Conference, and in the League of Nations, marks her as definitely inferior in status to the Dominions.” H. Duncan Hall, the British Commonwealth of Nations (1920), p. 253n. Southern Rhodesia is also a Colony with responsible government. See article, “Southern Rhodesia,” in Bound Table for December, 1923, pp. 180-186. Cf., generally, Scott, Autonomy and Federation Within Empire (1921).

38 See Lewis, , “The International Status of the British Self-Governing Dominions,”British Year Book of International Law, 1922-23, p.21 Google Scholar; Hall, H. Duncan , The British Commonwealth of Nations(1920), c.XI.Google Scholar

39 See Canadian Sessional Paper, No. 41h (Special Session, 1919), p. 19. Similarly,nationals of the Dominions may be selected as judges of the Permanent Court of International Justice, and Article 10 of the Statute would not seem to exclude such nationals sitting with nationals of the United Kingdom. The Canadian Nationality Act of 1921 seems to have been passed with a view to this situation. See Borden, Canadian Constitutional Studies, p. 130.

40 See the principles agreed upon by the Imperial Conference of 1923 with reference to the negotiation, signature and ratification of treaties. British Pari. Papers, 1923, Cmd. 1987.

41 Austria, Bulgaria and Hungary are signatories of the Treaties of St. Germain, Neuilly,and Trianon respectively. Since each of these treaties incorporates the Covenant, acceptance of membership by these Powers may properly be less formal.

42 The six states admitted by the First Assembly all sent letters or telegrams of thanks to the Secretary-General. Official Journal, 1921, p. 96-98.

43 Records of First Assembly, Plenary Meetings, p. 585.

44 Ibid., p. 586.

45 Records of Fourth Assembly, Plenary Meetings, pp. 375-375.

46 Ibid., p. 125.

47 Records of the Second Assembly, Committee Meetings, Vol. 2, pp. 533, 580, 583.

48 Minutes of the 14th Session of the Council, p. 160, p. 115.

49 Records of the First Assembly, Plenary Meetings, pp. 568568.

50 Records of Fourth Assembly, Plenary Meetings, p. 166.

51 The League of Nations [Guarantee] Act, 1923.

52 Printed in a pamphlet entitled “ Irish Free State, Status and Constitution,” published by the Irish delegation to the Fourth Assembly.

53 English Law Reports, 60 Statutes, p. 638.

54 For example, both Germany and Austria, when the conditions of peace had been handed to them, expressed in their replies the desire to be members of the League. See “ Comments of the German Delegation on the Conditions of Peace,” pp. 1414, 22; and Note No. 21,Notes de la D’légation de la République d’Autriche (22 mai-6 aûAt), pp. 8686. In thecovering letter to the “ Reply of the Allied and Associated Powers to the Observations ofthe German Delegation on the Conditions of Peace,” dated June 16, 1919, the answer ismade to Germany's request that the Allies are unable to admit Germany at once, but thatif the German people prove their good intentions by their acts, the Allied and AssociatedPowers believe that “ it will be possible at an early date to complete the League of Nationsby the admission of Germany thereto.” In a note dated July 9, 1919, M. Clemenceaureplied to the Austrian delegation that the Allies do not intend to exclude Austria “ forlong” , and in the covering letter to the “ Reply of the Allied and Associated Powers to theObservations of the Austrian Delegation on the Conditions of Peace, 201D dated Sept. 2, 1919,occurs the phrase, ” La Sociétédes Nations, dans laquelle les Puissances allies et associésesperent que la République d’Autriche sera admise à une date très rapprochée.”

55 Hearings before the Committee on Foreign Relations, United States Senate, 1919, p.160, pp. 206206.

56 Ibid., p. 206-7.

57 113 Brit. and For. State Papers, 916.

58 They had not yet been recognized de jure by any state member of the League. Their recognition by Russia as independent states dates from 1920. Latvia was recognized de jure by Russia in the Treaty of Riga, August 11, 1920, 2 League of Nations, Treaty Series,196. Lithuania was recognized de jure by Russia in the Treaty of Moscow, July 12, 1920,3 League of Nations, Treaty Series, 106. Esthonia was recognized dejure by Russia in theTreaty of Tartu, February 2, 1920, 11 League of Nations, Treaty Series, 51. See, ingeneral, Dennis, The Foreign Policies of Soviet Russia, c. V. (1924).

59 British Parliamentary Papers, 1921, Cmd. 1560.

60 British Year Book of International Law, 1923-4, p. 242.

61 Brit. and For. State Papers, 733. Italy seems to have considered that this treaty gave her a protectorate.; Gooch, ,History of Modem Europe,1878-1919, p.278.Google Scholar

62 34 Martens, N.R.G. (2d Ser.), p. 556.

63 1 Malloy, Treaties, Conventions, etc., 466.

64 Assembly Document 2 A, pp. 55.

65 Records of First Assembly, Meetings of Committees, Vol. 2, pp. 225225.

66 bid.

67 Official Journal, 1921, pp. 706706.

68 Records of the First Assembly, Plenary Meetings, p. 651. See, however, the general reference to the Caucasian states in the recommendation as to the protection of minorities,p. 569.

69 Records of the First Assembly, Plenary Meetings, pp. 630 630.

70 Ibid., p. 634.

71 113 Brit. and For. State Papers, p. 652.

72 Ibid., p. 458.

73 President Wilson's decision was announced on January 2, 1921.

74 Records of the First Assembly, Plenary Meetings, p. 729.

75 Minutes of the Twelfth Session of the Council, p. 18; Official Journal, 1921, p. 152.Cf. Rougier, “L’Assemblce de la Soci6t6 des Nations,” 28 Benue Generate de Droit International Public, 197, 383.

76 Assembly Document No. 18, 1920.

77 Official Journal, 1921, pp. 438438; Records of First Assembly, Plenary Meetings,pp. 643, 668.

78 Records of Second Assembly, Plenary Meetings, p. 686.

79 11 Martens, N.R.G., 3 Ser., p. 313. Article 5 of this treaty provides: “ Le Gouvernement frangais pretera au Gouvernement princier ses bons offices pour lui faciliter l'accès k ses côtés des Conferences et Institutions intemationales, notamment de celles ayant pour objet l'organisation de la Socidéfé des Nations.” By Article 436 of the Treaty of Versailles, of June 28, 1919, the signatory Powers “ took note” of this treaty between France and the Principality.

80 Records of Second Assembly, Plenary Meetings, p. 820.

81 See a somewhat different list in Schucking and Wehberg, Die Satzung des Volkerbundes,pp. 140 ff. See, also, 65 Congressional Record, pp. 5912-13.

The following might also be included in this list: Newfoundland, a self-governing part of the British Empire, which in a sense is included in the “British Empire” which is a member; the Free City of Danzig, whose High Commissioner is appointed by the Council of the League; Trans-Jordania, which still has a some what uncertain status. Cf. Piccioni, “Le Statut International de Dantzig,” 28 Revue Générale de Droit International Public, 84.

82 British Treaty Series, 1923, No. 21, Cmd. 1977.

83 British Parliamentary Papers, 1922, Cmd. 1592. In regard to the international status of Egypt, cf. Pupikofer, “ L’Egypte, état souverain,” 49 Journal du droit international prive (1922), pp. 373373.

84 British Year Book of International Law, 1923-24, p. 238.

85 12 Martens, N.R.G., 3 Ser., p. 3.

86 Official Journal, 1920, p. 265.

87 Articles 94-97.

88 British Parliamentary Papers, 1921, Cmd. 1500.

89 Official Journal, 1922, p. 1505; British Parliamentary Papers, 1922, Cmd. 1757.

90 British Year Book of International Law, 1923-4, p. 242; Official Journal, 1923, p. 728.

91 Secretary Lansing stated to the Senate Committee on Foreign Relations, on August 6,1919, that the United States was not responsible for Mexico's not having been invited. Hearings before the Committee on Foreign Relations, United States Senate, 1919, p. 209.

92 See also the Greco–Turkish agreement of January 30,1923, concerning the exchange of populations, which provides for a mixed commission, certain members of which are to be chosen by the Council of the League of Nations.

93 See Finch, “ The Treaty of Peace with Germany in the United States Senate,” 14 American Journal of International Law, p. 155. See, in general, Schou, “ The United States” Refusal to Join the League of Nations,“ in Les Origines et L'Oeuvre de la Sociite des Nations, I, 297; Hudson, ” “American Cooperation with the League of Nations,” World Peace Foundation Pamphlets, Vol. VII, No. 1 (1924).

94 Records of First Assembly, Plenary Meetings, pp. 566, 572572, 575575, 577; Records of Third Assembly, Plenary Meetings, Vol. 1, p. 329.

95 155 Parliamentary Debates, Commons, pp. 16381638.

96 New York Times of July 8, 1923.

97 International Labor .Conference-, First Annual Meeting, 1919, pp. 21, 26.

98 Official Journal, 1920, p. 444.

99 Official Journal, 1922, p. 117.

100 Ibid., 1920, p. 299.

101 Records of First Assembly,Plenary Meetings, p. 121.

102 The treaties of separate peace between Russia and Germany, signed at Brest-Litovsk on March 3, 1918, were later abrogated. By Article 116 of the Treaty of Versailles, Germany “ accepted” their abrogation.

103 C. 166. M. 42. 1924. IX., C.T.A. 396.

104 The fifth committee of the First Assembly, and the sixth committee of the Second, Third and Fourth Assemblies.

105 Records of First Assembly, Committee Meetings, Vol. 2, p. 159. See also Fauchille,Traiti de Droit international public, 8th ed., Vol. 1, p. 332; Rougier,“l’Assemblde de la Societe des Nations,” 28 Revue Generate de Droit International Public, 197, 240.

106 Rules of procedure, rule No. 20, Records of First Assembly, Plenary Meetings, p. 240.

107 Records of First Assembly, Plenary Meetings, pp. 570570.

108 This of course pre-supposes the approval of the credentials of the representatives. Cf.Records of First Assembly, Plenary Meetings, pp. 641, 697.

109 Records of First Assembly, Committee Meetings, Vol. 2, p. 157.

110 Ibid., p. 160.

111 Records of First Assembly, Plenary Meetings, pp. 618618, 622622.

112 Cf.Fauchille, ,Traié de Droit Int. Pub.,8th ed., Vol.1, pp.331-6;Google Scholar Scelle, , “L’Admissiondes Nouveaux Membres de la Socifte des Nations,”28 Revue Générale de Droit International Public,122,129;Google Scholar Rougier, , “La Premiere Assemble de la Société des Nations,”28 Revue Générale de Droit International Public,197,232;Google Scholar Coucke, , “Admission dans la Société desNations et Reconnaissance De Jure,”2 Revue de Droit International et de Legislation Comparie(3 ser.), p.320.Google Scholar

113 Records of First Assembly, Plenary Meetings, pp. 598,600,603.

114 Records of Third Assembly, Plenary Meetings, Vol. 2, pp. 122-123.

115 Records of Third Assembly, Plenary Meetings, Vol. 1, pp. 116-117.

116 Records of First Assembly, Committee Meetings, Vol. 2, p. 214.

117 Ibid., pp. 223, 231-232; Records of Second Assembly, Plenary Meetings, pp. 334-339.

118 Records of First Assembly, Committee Meetings, Vol. 2, pp. 226, 221.

119 Ibid., pp. 166, 218.

120 Ibid., pp. 168-171, 176-183, 193-194.

121 Ibid., pp. 233-238.

122 Records of Third Assembly, Plenary Meetings, Vol. 2, pp. 122-123.

123 Records of Fourth Assembly, Plenary Meetings, p. 166. Article VIII of the Articles of Agreement for a Treaty between Great Britain and Ireland, of December 6,1921, reads as follows: “ With a view to securing the observance of the principle of international limitation of armaments, if the Government of the Irish Free State establishes and maintains a military defence force, the establishments thereof shall not exceed in size such proportion of the military establishments maintained in Great Britain as that which the population of Ireland bears to the population of Great Britain.” British Parliamentary Papers, 1921, Cmd. 1560.

124 Records of Fourth Assembly, Plenary Meetings, pp. 375-6.

125 Ibid., p. 376.

126 Records of First Assembly, Plenary Meetings, p. 585.

127 Records of Second Assembly, Committee Meetings, Vol. 2, pp. 533, 580, 583.

128 Minutes Of the Fourteenth Session of the Council, pp. 115,160.

129 Records of First Assembly, Plenary Meetings, pp. 568-9.

130 Von BÜlow, Der Versailler Völkerbund, p. 34.

131 Finch, , “The Treaty of Peace with Germany in the United States Senate,”14 American Journal of International Law, p.175.Google Scholar

132 Records of First Assembly, Plenary Meetings, p. 276

133 Record of International Labor Conference, Third Session, Geneva, 1921, p. 882

134 Pollock, The League of Nations (2 ed.), p. 97.

135 See Records of First Assembly, Plenary Meetings, p. 90, 179, 567-8, 572-4; Records of Second Assembly, Plenary Meetings, pp. 315, 402, 414, 815, 816, 850; Records of Third Assembly, Plenary Meetings, Vol. 1, pp. 79, 269, 281, 393.

136 Records of First Assembly, Plenary Meetings, p. 279.