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Sovereignty of the Mandates

Published online by Cambridge University Press:  04 May 2017

Quincy Wright
Quincy Wright*
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Of the Board of Editors
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Extract

“The mandatory system,” said M. Rappard, director of the mandates section of the Secretariat of the League of Nations to the mandates commission at its first session, “formed a kind of compromise between the proposition advanced by the advocates of annexation, and the proposition put forward by those who wished to entrust the colonial territories to an international administration.” Compromises are apt to raise knotty problems for the lawyer and the present instance is no exception. From the practical point of view perhaps it is unnecessary to solve these problems. The United States Government was able to function successfully for years with the divided sovereignty devised by Madison and Hamilton in spite of the insistence of legal purists that divided sovereignty is impossible. The British Commonwealth of Nations seems able to do business in spite of the doubt as to whether sovereignty has or has not passed to the self-governing dominions. So the mandatory system may work without ascertaining whether sovereignty resides in the mandatory, the mandated community, the League of Nations, or elsewhere.

Type
Research Article
Information
American Journal of International Law , Volume 17 , Issue 4 , October 1923 , pp. 691 - 703
Copyright
Copyright © American Society of International Law 1923

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References

1 League of Nations, Permanent Mandates Commission, Minutes, 1st seas., 1921, p. 4.

2 See statement of M. Rappard, ibid., 2d session, 1922, pp. 5-8.

3 See discussion of Bondelzwart uprising in Southwest Africa and of indentured labor in Pacific Islands, Levermore, , League of Nations Year Book, 1923, Vol. 3, p. 276 Google Scholar. Haitian delegates have been especially active in sponsoring native rights in African mandated territories, see League of Nations Records of First Assembly, 80th Plenary Meeting, p. 715; Second Assembly, 1921, 17th Plenary Meeting, p. 355; Levermore, op. cit. 276, 278.

4 League of Nations Monthly Summary, Nov. 1921, Vol. 1, p. 159; Sept. 1922, Vol. 2, p. 203; Report of Council on Second Session of Permanent Mandates Commission, 1922, p. 3.

5 See Viscount Ishii’s reports to the Council, 17th sess., Feb. 1922, and 19th sees., July, 1922, League of Nations Official Journal, Vol. 3, p. 791, 821, 847-862.

6 Levermore, op. cit.,p. 139; eighteenth sess. of Council, Minutes, League of Nations Official Journal, Vol. 3, p. 547.

7 League of Nations Records of First Assembly, 1920, 30th Plenary Meetings, p. 721.

8 Lee, The Mandate for Mesopotamia and the Principle of Trusteeship in English Law, L. of N. Union, 1921.

9 Palestine mandate, Art. 28; Syria mandate, Arts. 15, 19, Supplement to this Journal, Vol. 17, pp. 171, 181, 182.

10 League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, p. 14; Lee, op. cit.

11 Palestine mandate, Art. 18, Syria mandate, Art. 11; Earl Curzon to U. 8. Ambassador Davis, Feb. 28, 1923, par. 15, International Conciliation, No. 166, p. 330.

12 See Supplement to this Journal, Vol. 17, p. 163; League of Nations, Permanent Man dates Commission, Minutes, 1st sess., 1921, pp. 4, 36.

13 League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, p. 24; Records of First Assembly, SOth Plenary Meeting, Recommendation 4, p. 725.

14 See, for example, opposition of North Atlantic Fisheries arbitration tribunal to servitudes on assumption that they involved a derogation from sovereignty, Wilson, Hague Arbitration Cases, p. 159; Scott, Hague Court Reports, p. 160.

15 Westlake, International Law, 2d ed., Vol. 1, p. 293; Hyde, , International Law, Vol. 2, p. 63 Google Scholar.

16 British and Foreign State Papers, Vol. 79, p. 904 Google Scholar; Journal of Comparative Legislation, 3rd ser., 1921, Vol. 3, p. 327 Google Scholar.

17 Ibid., Vol. 92, pp. 1224, 1226, 1232, 1234. By Article 16 (a) of the draft treaty of mutual guarantee submited by Lord Robert Cecil to the League of Nations in 1922 “the Council may entrust (to any state) a mandate to organize the military measures taken by the high contracting parties against an aggressor state.” (International Conciliation, 1918, No. 188, p. 622.)

18 Lansing, The Peace Negotiations, pp. 155-156.

19 Levermore, op. cit., p. 138. The official paraphrase substitutes the word “exercised” for “obtained”, 18th sees, of Council, 1922, League of Nations Official Journal, Vol. 3, p. 547 Google Scholar.

20 See President Wilson’s second point of July 4,1918, and discussion in Peace Conference, Baker, , Woodrow Wilson and World Settlement, Vol. 1, p. 265 Google Scholar, Vol. 3, p. 45; Temperley, , His tory of the Peace Conference of Paris, Vol. 1, pp. 386 Google Scholar, 398, 408.

21 By the unratified Treaty of Sevres, Turkey recognized the independence of Armenia and Hedjaz and the provisional independence of Syria, Mesopotamia and Palestine under man datories to be selected by the Principal Allied Powers. (Arts. 88, 94-96, 98. Supplement to this Journal, Vol. 5, pp. 198-201.) Except for the modification of frontiers, par ticularly with regard to Armenia, these provisions are not altered by the Treaty of Lausanne of July 24, 1923.

22 Report of Council on second session of Permanent Mandates Commission, 1922; League of Nations, Permanent Mandates Commission, Minutes, 2d sess., 1922, pp. 58, 68, 46; League of Nations Monthly Summary, April 1923, Vol. 3, p. 82; supra, note 10.

23 League of Nations, Permanent Mandates Commission, Minutes, 2d sess., 1922, p. 91. See criticism of this statement by Indian representative in 3d assembly, Levermore, op. cit., p. 278.

24 League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, p. 14; ibid., 2d sess., 1922, p. 58.

25 Ibid., 1st sess., 1921, pp. 12, 24.

26 League of Nations Monthly Summary, Dec. 1921, Vol. 1, p. 169; Oct. 1922, Vol. 2, p. 263; June, 1923, Vol. 3, p. 107.

27 League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, pp. 41-42; supra, note 20.

28 See reply of Council to protest of King Hussein of Hedjaz, 8th sess. of Council, Aug.

29 1920, League of Nations Official Journal, Vol. 1, 343 Google Scholar; Levermore, , op, cit., Vol. 1, p. 19 Google Scholar, and reply to U. S. protest on Yap, , League of Nations Official Journal, Vol. 2, p. 142 Google Scholar.

29 See discussion of Ruanda boundary, Report of Permanent Mandates Commission, 2d sess., 1921, p. 6, and report of Council thereon, p. 3.

30 See M. Hyman’s report to eighth Session of Council, , League of Nations Official Journal, Vol. 1, p. 336 Google Scholar; reply of Council to United States protest on Yap, 12th sess. of Council, Feb. 1921, League of Nations Official Journal, Vol. 2, p. 142 Google Scholar, and Lord Balfour’s, statement, League of Nations Official Journal, 18th sess. of Council, 1922, Vol. 3, p. 547 Google Scholar; Levermore, op. cit., Vol. 3, p. 138.

31 Secretary of State Colby, note to Great Britain, Nov. 20, 1920, and to Council of League, Feb. 21, 1921, League of Nations Official Journal, Vol. 2, pp. 138,140, and Secretary of State Hughes, note, Apr. 1921; Levermore, op. cit., Vol. 2, p. 137. See also, Gregory, this Journal, Vol. 13, pp. 419-427.

32 Levermore, op. cit., Vol. 3, p. 138; Eighteenth Session of Council, 1922, League of Nations Official Journal, Vol. 3, p. 547 Google Scholar. See also statement by M. Rappard, League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, pp. 4, 5.

33 Lee, op. cit., p. 19.

34 Supra, note 5.

35 League of Nations, Permanent Mandates Commission, Minutes, 1st sess., 1921, p. 24.

36 For example, see modification of Palestine mandate with reference to Trans-Jordan re gion, infra, note 42.

37 This consent must be unanimously agreed to by the council, 19th sess. of Council, 1922, League of Nations Official Journal, Vol. 3, p. 821.

38 Supra, note 25. The Permanent Mandates Commission suggested the conclusion of agreements by the mandatory with native “kingdoms” or “sultanates”, League of Nations, Permanent Mandates Commission, Report on second Session, 1922, p. 5. As to intention of treaty makers see minutes of secret conference of “Big Four”, March 20,1919, Baker, op. cit., Vol. 3, p. 12.

39 League of Nations, Permanent Mandates Commission, 1st sees., 1921, Minutes, p. 5; Records of first Assembly, 1920, 6th commission, subcommittee c, pp. 347-348.

40 M. Hyman’s, report, 8th sess. of council, League of Nations Official Journal, Vol. 1, 338–339 Google Scholar. Theoretically M. Hyman thought the expression referred to all the Allied and Associ ated Powers, i.e., the signatories of the Treaty of Versailles other than Germany. Practi cally, however, he considered the principal Powers should act for this group.

41 Supra, notes 22, 30.

42 Supplement to this Journal, Vol. 17, p. 171.

43 Supra, note 29.

44 See treaty with Japan on Yap, Art. II (5), Supplement to this Journal, Vol. 16, p. 96, and correspondence, supra, note 31; Levermore, op. cit., Vol. 3, pp. 163, 190, 197.

46 Wright, Control of American Foreign Relations, 1922, p. 58; “International Law in its relation to Constitutional Law,” this Journal, Vol. 17, p. 242.

45 “Declaration of London Conference, 1871”, Satow, , Diplomatic Practice, Vol. 2, p. 131 Google Scholar.

47 Keith, , Journal of comparative Legislation, 3d Ser., Vol. 4, p. 80 Google ScholarPubMed.

48 League of Nations Official Summary, Vol. 3, p. 107 Google Scholar, June, 1923. See also Art. 6. of treaty and contemporary British announcement, League of Nations Official Journal, Dec. 1922, Vol. 3, pp. 1506, 1509.

49 League of Nations, Permanent Mandates Commission, Minutes, 2d sess., 1922, p. 46; Report, p. 4; Council report concerning same, p. 3.

50 Balfour, Lord, 18th sess. of council, League of Nations Official Journal, Vol. 3, p. 547 Google Scholar; Levermore, , op. cit., Vol. 3, p. 138 Google Scholar; and M. Rappard to Permanent Mandates Commission, Minutes, 2d sess., 1922, p. 46.

51 On limits of power of Permanent Mandates Commission, see Minutes, 1st sess., 1921, pp. 10-12; 2d sess., 1922, p. 15; and remarks of New Zealand delegate, 3d Assembly, Levermore, op. cit., Vol. 3, p. 277.

52 See Report of Council on 2d sess. of Permanent Mandates Commission, 1922, p. 3.

53 League of Nations, Records of First Assembly, 6th commission, subcommittee c, p. 301.

54 See statements of Lord Balfour and Lord Robert Ceqil, League of Nations, Records of First Assembly, 1920, 30th Plenary Meeting, pp. 719, 722.

55 League of Nations Official Journal, Vol. 4, p. 200, 211, 298. See also Permanent Mandates Commission, Minutes, 2d sess., 1922, pp. 15, 36, 76, and Levermore, op. cit., Vol. 3, p. 277.

56 Vattel, Droit des Gens, Vol. II, ch. 13, see. 202.

57 Journal Comparative Legislation, 3d ser., Vol. 1, pp. 180-181. See also remark of Sir Sivaswamy Aiyer of India in 3d assembly, Levermore, op. cit., Vol. 3, p. 278.

58 Lee, op. cit., p. 15.

59 Journal Comparative Legislation, 3d ser., Vol. 4, p. 80.