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The Covenant of the League of Nations was the
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the re ...
of the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
. It was signed on 28 June 1919 as Part I of the
Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1 ...
, and became effective together with the rest of the Treaty on 10 January 1920.


Creation

Early drafts for a possible League of Nations began even before the end of the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
. The London-based
Bryce Group The Bryce Group was a loose organisation of British Liberal Party members which was devoted to studying international organisation. The organization was the first to fully flesh out a blueprint for a League of Nations and organize a popular movement ...
made proposals adopted by the British
League of Nations Society The League of Nations Society was a political group devoted to campaigning for an international organisation of nations, with the aim of preventing war. The society was founded in 1915 by Baron Courtney and Willoughby Dickinson, both members of t ...
, founded in 1915. Another group in the United States—which included
Hamilton Holt Hamilton Holt (August 18, 1872 – April 26, 1951) was an American educator, editor, author and politician. Biography Holt was born on August 18, 1872 in Brooklyn, New York City to George Chandler Holt and his wife Mary Louisa Bowen Holt. His f ...
and William B. Howland at the
Century Association The Century Association is a private social, arts, and dining club in New York City, founded in 1847. Its clubhouse is located at 7 West 43rd Street near Fifth Avenue in Midtown Manhattan. It is primarily a club for men and women with distinctio ...
in New York City—had their own plan. This plan was largely supported by the League to Enforce Peace, an organization led by former U.S. President
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
. In December 1916, Lord Robert Cecil suggested that an official committee be set up to draft a covenant for a future league. The British committee was finally appointed in February 1918; it was led by Walter Phillimore (and became known as the Phillimore Committee) but also included
Eyre Crowe Sir Eyre Alexander Barby Wichart Crowe (30 July 1864 – 28 April 1925) was a British diplomat, an expert on Germany in the Foreign and Commonwealth Office. He is best known for his vehement warning, in 1907, that Germany's expansionism was mo ...
, William Tyrrell, and
Cecil Hurst Sir Cecil James Barrington Hurst, Order of St Michael and St George, GCMG, Order of the Bath, KCB, Queen's Counsel, QC (28 October 1870 – 27 March 1963) was a British international lawyer. He worked from 1929 to 1945 as a judge to the Permanent ...
. U.S. President
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
was not impressed with the Phillimore Committee's report, and would eventually produce three draft covenants of his own with help from his friend Colonel House. Further suggestions were made by
Jan Christiaan Smuts Field Marshal Jan Christian Smuts, (24 May 1870 11 September 1950) was a South African statesman, military leader and philosopher. In addition to holding various military and cabinet posts, he served as Prime Minister of South Africa, prime m ...
in December 1918. At the Paris Peace Conference in 1919, a commission was appointed to agree on a covenant. Members included Woodrow Wilson (as chair), Colonel House (representing the U.S.), Robert Cecil and Jan Smuts (British Empire),
Léon Bourgeois Léon Victor Auguste Bourgeois (; 21 May 185129 September 1925) was a French statesman. His ideas influenced the Radical Party regarding a wide range of issues. He promoted progressive taxation such as progressive income taxes and social insu ...
and
Ferdinand Larnaude Ferdinand is a Germanic name composed of the elements "protection", "peace" (PIE "to love, to make peace") or alternatively "journey, travel", Proto-Germanic , abstract noun from root "to fare, travel" (PIE , "to lead, pass over"), and "co ...
(France), Prime Minister
Vittorio Orlando Vittorio Emanuele Orlando (19 May 1860 – 1 December 1952) was an Italian statesman, who served as the Prime Minister of Italy from October 1917 to June 1919. Orlando is best known for representing Italy in the 1919 Paris Peace Conference with h ...
and
Vittorio Scialoja Vittorio Scialoja (24 April 1856 - 19 November 1933) was an influential Italian Professor of Jurisprudence. His early focus was on Roman law, but he later broadened the scope of his research and teaching to embrace other branches of civil law. ...
(Italy), Foreign Minister
Makino Nobuaki Count was a Japanese politician and imperial court official. As Lord Keeper of the Privy Seal of Japan, Makino served as Emperor Hirohito’s chief counselor on the monarch’s position in Japanese society and policymaking. In this capacity, he ...
and
Chinda Sutemi Count was a Japanese diplomat. Diplomatic career He was born January 19, 1857, in Hirosaki, Aomori. In 1877 he went to study at DePauw University. He got his B.A. in 1881, and M.A. in 1884. In 1882 he married, and had one son. From 1890 to ...
(Japan),
Paul Hymans Paul Louis Adrien Henri Hymans (23 March 1865 – 8 March 1941), was a Belgian politician associated with the Liberal Party. He was the second president of the League of Nations and served again as its president in 1932–1933. Life Hymans was ...
(Belgium),
Epitácio Pessoa Epitácio Lindolfo da Silva Pessoa (; 23 May 1865 – 13 February 1942) was a Brazilian politician and jurist who served as 11th president of Brazil between 1919 and 1922, when Rodrigues Alves was unable to take office due to illness, after bein ...
(Brazil),
Wellington Koo Koo Vi Kyuin (; January 29, 1888 – November 14, 1985), better known as V. K. Wellington Koo, was a statesman of the Republic of China. He was one of Republic of China's representatives at the Paris Peace Conference of 1919. Wellington Koo ...
(China), Jayme Batalha Reis (Portugal), and Milenko Radomar Vesnitch (Serbia). Further representatives of Czechoslovakia, Greece, Poland and Romania were later added. The group considered a preliminary draft co-written by Hurst and President Wilson's adviser
David Hunter Miller David Hunter Miller (1875–1961) was a US lawyer and an expert on treaties who participated in the drafting of the covenant of the League of Nations. He practiced law in New York City from 1911 to 1929; served on the Inquiry, a body of exper ...
. During the first four months of 1919 the group met on ten separate occasions, attempting to negotiate the exact terms of the foundational Covenant agreement for the future League. During the ensuing negotiations various major objections arose from various countries. France wanted the League to form an international army to enforce its decisions, but the British worried such an army would be dominated by the French, and the Americans could not agree as only
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
could declare war. Japan requested that a clause upholding the principle of
racial equality Racial equality is a situation in which people of all races and ethnicities are treated in an egalitarian/equal manner. Racial equality occurs when institutions give individuals legal, moral, and political rights. In present-day Western societ ...
should be inserted, parallel to the existing religious equality clause. This was deeply opposed, particularly by American political sentiment, while Wilson himself simply ignored the question. During a certain interval while Wilson was away, the question of international equality was raised once again. A vote on a motion supporting the "equality of nations and the just treatment of their nationals" was made, and was supported by 11 of the 19 delegates. Upon Wilson's return he declared that "serious objections" by other delegates had negated the majority vote, and the amendment was dismissed. Finally on April 11, 1919, the revised Hurst-Miller draft was approved, but without fully resolving certain questions as had been brought forth regarding matters such as national equality, racial equality, and how the new League might be able to practically enforce its various mandates. The new League would include a General Assembly (representing all member states), an Executive Council (with membership limited to major powers), and a permanent secretariat. Member states were expected to "respect and preserve as against external aggression" the territorial integrity of other members, and to
disarm "Disarm" is a song by American alternative rock band the Smashing Pumpkins. It was the third single from their second album, ''Siamese Dream'' (1993), and became a top-20 hit in Australia, Canada, and the United Kingdom despite being banned in ...
"to the lowest point consistent with domestic safety". All states were required to submit complaints for
arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ...
or
judicial inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in ...
before going to war. The Executive Council would create a
Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cent ...
to make judgements on the disputes. The treaty entered into force on 10 January 1920. Articles 4, 6, 12, 13, and 15 were amended in 1924. The treaty shares similar provisions and structures with the
UN Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: th ...
.


Article X

Article X of the Covenant of the League of Nations obliged members of the League "to respect and preserve as against external
aggression Aggression is overt or covert, often harmful, social interaction with the intention of inflicting damage or other harm upon another individual; although it can be channeled into creative and practical outlets for some. It may occur either reacti ...
the
territorial integrity Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
and existing political independence of all Members of the League". It was noted that a League of Nations member was not bound to assist a fellow member in combating internal secessionists, but also meant that no country should provide assistance to such rebels. It was also understood that if any member or non-member of the League was defeated while undertaking an aggressive war, the Covenant did not protect that defeated party against the consequence of a loss of territory and political independence (e.g., the Soviet Union's
annexation Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act ...
of the northern part of East Prussia from Nazi Germany after
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
). U.S. President Woodrow Wilson had secured his proposal to apply to become part of the League of Nations in the final draft of the Treaty of Versailles, but the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...
refused to consent to the ratification of the Treaty. For many Republicans in the Senate, Article X was the most objectionable provision. Their objections were based on the fact that, by ratifying such a document, the United States would be bound by an international contract to defend a League of Nations member if it was attacked.
Henry Cabot Lodge Henry Cabot Lodge (May 12, 1850 November 9, 1924) was an American Republican politician, historian, and statesman from Massachusetts. He served in the United States Senate from 1893 to 1924 and is best known for his positions on foreign polic ...
from Massachusetts and
Frank B. Brandegee Frank Bosworth Brandegee (July 8, 1864October 14, 1924) was a United States representative and senator from Connecticut. Early life Frank Brandegee was born in New London, Connecticut, on July 8, 1864. He was the son of Augustus Brandegee, ...
from Connecticut led the fight in the U.S. Senate against ratification, believing that it was best not to become involved in international conflicts. Under the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, the President of the United States may not ratify a treaty unless the Senate, by a two-thirds vote, gives its
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previ ...
. In fact, the intent of Article X was to preserve a balance of power by preventing one country from invading another (e.g. Germany invading Belgium and France); it did not take away the right of the United States to wage war.


Article XXII

Article XXII referred to the creation of Mandate territories, which were given over to be administered by European powers. Though most Mandates were given to countries such as Britain and France, which possessed considerable colonial empires, the Covenant made the clear distinction that a Mandate territory was not a colony. The Covenant asserted that such territories were "inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world" and so "the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility" as "a sacred trust of civilization". Mandate territories were sorted into several sub-categories: * "Communities formerly belonging to the Turkish Empire" were considered "to have reached a stage of development where their existence as independent nations could be provisionally recognized" and the Mandatory powers were charged with "rendering administrative advice and assistance until such time as they are able to stand alone". * Regarding "Other peoples, especially those of Central Africa" the Mandatory powers were charged to "guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory", and no mention was made of any eventual independence. * With regard to "Territories, such as South-West Africa and certain of the South Pacific Islands", they were assumed "owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances" to be "best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population". The reference to "geographical contiguity to the territory of the Mandatory" clearly related to
South-West Africa South West Africa ( af, Suidwes-Afrika; german: Südwestafrika; nl, Zuidwest-Afrika) was a territory under South African administration from 1915 to 1990, after which it became modern-day Namibia. It bordered Angola (Portuguese colony before 1 ...
(now
Namibia Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
) being made a Mandate of
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
, rather than of Britain.


See also

*
Charter of the United Nations The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
*
General Act for the Pacific Settlement of International Disputes The General Act for the Pacific Settlement of International Disputes is a multilateral convention concluded in Geneva on September 26, 1928. It went into effect on August 16, 1929 and was registered in '' League of Nations Treaty Series'' on the s ...
*
Peace treaty A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surre ...
* Treaty series


References


External links


The Covenant of the League of Nations
from the Yale Avalon Project
Primary Documents: Covenant of the League of Nations, 1919–24
fro
FirstWorldWar.com
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League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
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