Birth and evolution of the society of nations
Despite of his creation in a particular historical context the League of Nations momentarily succeeds the establishment of a system of collective security, but it has been discredited by his weaknesses, shaken by the bias of his conception of security and betrayed by the inefficiency of its mechanisms.
Created to maintain peace and security in the world, the League of Nations has mechanisms enabling it to intervene in several disputes.
Based on the equality of Member States, the League of Nations is the first organization to universal vocation and general jurisdiction.
Indeed, the idea of creating an organization to find solutions to disputes is old. Conference in the Hague 1899 had established a Permanent Court of arbitration, whose skills are limited because the States are free to use or not to jurisdiction. Then, in the aftermath of the war, victorious coalition leaders accepting the idea that peace and happiness of mankind can be provided by an international organization which would bring together all the States of the rules of international law. This organization should submit any disputes between the Member States to a competent to push them to abandon once and for all the force as a means to obtain satisfaction. Thus the expression of the concept of < < League of Nations > > appears in the preamble to the convention adopted by the second Conference in the Hague in 1907, where it was then that a moral meaning peace: it serves to affirm an informal solidarity among civilized States. And it was only in 1910 it takes on a political and legal meaning in Europe. Basis for this idea, two current took birth, one in France and one in England.
In France had established a ministerial commission to prepare a draft of a future Pact League of Nations. This organization was dominated by the personality of its President, Léon BOURGEOIS (1) which is applied dice that date to construct an international moral on basis of solidarity. States as individuals, felt, relate between them by the ties of mutual interest, by reciprocity of rights and duties. It is this solidarity which should be organized as a set of legal rules, a sort of "code of Nations" to reduce, or better to eliminate the use of violence between the national entities. Such were the principles that bourgeois was formulated in the literature: solidarity in 1896 and for a League of Nations in 1910. In the spring of 1918, he had founded the French Association for the League of Nations which brought together people of different sensitivities, the Archbishop of Paris to the General Secretary of the General Confederation of workers (CGT). A draft international constitution, prepared under its auspices, was adopted on 8 June by the Minister Clemenceau
(1): Great jurist, first radical politician arrived at the Chair of the Board in 1895.
repeatedly Minister and first delegate France two conferences of the Hayes (in 1899 and 1907).
1918 His objective was to prevent and suppress the conflict in the world and in Europe particularly. This is intended to establish an international army composed of quotas given by each signatory State and it was expected to apply military sanctions against any country guilty of assault against a member of the international community.
In Britain, the movement for the formation of a League of Nations has consisted a little later. But it had then progressed very quickly by relying on a strong current of opinion. In 1918, the "League of nation": Union gathering more than 300,000 members. It was chaired by Lord Robert Cecil (2). It is him, and the General Smuts (3), which Lloyd George was preparing the establishment of an international organization designed to ensure respect for international law after the cessation of hostilities, the peacekeeping mission. International constitution draft was prepared and would serve as a basis for discussion the Government Committee.
Unlike French plan, the British project, which was prepared in March 1918, and was immediately communicated to the President of the States - United Wilson did not imply a rigid organization and refused to consider the use of force to the right. It is a principle that should return to the US President. While the latter meant well future League of Nations was able to impose obligations in the Member States. But he could not act for him that likely moral obligations, thought, impose their radiation. Thus, it is a compromise formula to nearest Anglo-Saxon theses than French designers, that stop the commission will develop the Pact of the League of Nations from 3 February 1919 peace conference.
Finally, the decisive to bring about this organization impetus emanates from Wilson. 14 Griffith point of his message to Congress, January 18, provides for the establishment of a general association of Nations guaranteeing the independence and territorial integrity and small to large. In addition, it was decided that he did y would not permanent international force, not automatic military sanctions, no institution of effective control, nevertheless, the principle of the use of force is not excluded (article 16). At the peace conference, the obstinacy of Wilson allows you to adopt unanimously, on 28 April, a text that will become the Pact Nations. It was decided to incorporate this Pact in all peace treaties including the Treaty of Versailles. Year 1920, was born of the League of Nations institutions: the first meeting of the Council on 16 January in Paris, first meeting in Geneva between November 15 and December 18.
(2) : conservative and member of the cabinet of war
(3) : Minister of war of the South African Government
Structures of the Organization:
Par, based on the equality of Member States and the voluntary nature of their membership, the League of Nations includes three principal bodies: the Council, Assembly and the permanent secretariat.
The Council of the S.D.N.
The editors of the Covenant had planned that Council restricted body would
(article 4):
- 5 permanent members (United States of America, France, Great Britain, Italy and Japan); State - United have not ratified the Covenant of the League of Nations and have never been party Council.
- 4 members elected by the Assembly (which were initially the Belgium the Brazil, the Spain, the Greece).
Subsequently, the number of members elected to the Board was gradually increased, in 1922, 9 6 in 1926-11 in 1936). Balance intended by the drafters of the Pact was favourable to the permanent members, so the major powers, which were to be majority. But the reality was very different. When the decision-making procedure, was to base the principle of the equality of States, each Member of the Board had a single votes). Thus, the fact that permanent seats have been reserved for the major powers brought no substantial powers them. Therefore that the latter lacked leadership vote nor a right exclusive voting and that the events were, as a result of the defection of the United States, private planned numerical superiority was their profit by the Pact.
Chaired in turn by the representatives of various Member States, Council took three or four sessions per year and often several additional sessions. Resolutions were generally voted unanimously, with some limited exceptions (simple procedural matters and the assumption of litigation to which the members of the Council were parties: in this case, their votes were not counted). Requirement of unanimity gave, all members of the Board, individually and without control, power block.
In addition, the powers of the Council of the League of Nations had very broad and him were conferred either exclusive (including disarmament, the control regime questions mandates and to the application of the treaties of peace), either jointly or with the Assembly, in terms of the Covenant (article 4§4), "The Council knows any matter coming within the sphere of activity of the society or affecting the world peace." at the same time But the role allotted to the Council by the texts gave no real rule to the Assembly.
Assembly of the S.D.N.:
Whole body of the League of Nations (section3), the Assembly included representatives of all States which had a voice, as the Board. He was a regular session per year during the month of September, and could hold extraordinary sessions if the circumstances so require. Acting on several large commissions, specialized financial, political, social and legal questions, report Assembly was the League of Nations legislative body. The resolution recommendations and decisions devoid of character mandatory, were normally passed unanimously, except in certain well defined questions such as the admission of new Member, the election of judges of the Court permanent international justice and, in General, the questions of procedure.
Jurisdiction was broad and included assignments performed transit or with the Council at the same time. Other matters of exclusive character, such as the admission of new members (in two-thirds majority) or non-permanent member election of the Board or the vote of the budget of the Organization were ausii jurisdiction.
The permanent secretariat:
Pursuant to article 2 of the Covenant, "Permanent secretariat" assists the two above-mentioned bodies. It is, as its name implies, the element stable of the society of Nations; because it operates without interruption and has its own staff. The latter enjoying immunity and escaping to the authority of the States, is recruited according to geographical distribution also posed many problems (during the period of increased activity, there has been more than six hundred nationals international officials of some 50 members). The Secretariat is placed under the authority of a Secretary General (Section6), appointed by the Council which the vote is then approved by the Assembly majority. Its role was conceived as having a character not political but administrative. The attitude of the holders of this function is only accentuate this role: agent execution, senior civil servant and in no way personality with a proper political role, none of the Secretaries General was a statesman.
In addition, the Secretary General of the League of nations (3), which is assisted by a Deputy General Secretary and three Assistant Secretaries-General, always exercised functions technical and administrative, such as Executive Secretariat, coordination, the Secretariat of the organs of the society, the enforcement of judgments, the representation of the Organization, liaison with the Member States and the registration of treaties.
Subsidiary bodies and auxiliary bodies:
Many organs of diverse scope have been created over the years by the League of Nations, placing these organisms in situations of more or less close dependence on its decisions.
Can be qualified subsidiary bodies:
* On court administration of the S.D.N., created in 1927 by the Assembly and competent to hear appeals of civil servants against the organization. 1931 Maintained a decision the Court whose jurisdiction has been extended to other agencies, recourse being open to officials of the international labour (O.I t.).
* The Commission mandates: Standing Committee which was given control of the regime of the mandates, was also a subsidiary body of the Assembly of the S.D.N.
Many others, can be described as auxiliary, which some have acquired extensive autonomy of operation and bear witness to the accomplished to develop international cooperation under the auspices of the S.D.N., created by the following: either in the form of "technical committees" (consultative Commission on the social question, 1922;) Commissions of opium, 1920, 1925 and 1931. Committee economic consultatif.1928); either by S.D.N. form of organization of communications and the transit in 1921;"Assembly resolutions Economic and financial organizations and the international organization of hygiene in 1923; (International organisation for intellectual cooperation in 1931).
(3) The first Secretary General has been appointed, however, in an annex to the Covenant itself, he was a senior British official, Sir Eric Drummond, remained in Office until 1932. It has been replaced by a diplomat French, Joseph Avenol remained in this position until 1940, the Secretary General Assistant him succeeding then acting up to the dissolution of the Corporation, on 19 April 1946.
In addition, various autonomous bodies have been created on the initiative of the States which were placed under the authority of the S.D.N pursuant to section 24 of the Pact. These include the Institute international intellectual cooperation (created in Paris in 1925), the Institute for the unification of private law or the international office for refugees. In most cases, these agencies have various forms (autonomous subsidiary organ or body) as
Functioning of the League of Nations:
Than political jurisdiction the League represents a new step in the evolution of international law.
Indeed, members of organization, created under the name of League of Nations, are classified into several categories that differs depending on the time and the modalities of entry into the organization. This distinction has, however, no effect on the status of these States as members of the building S.D.N. parties to the Pact, they have the same rights and obligations.
In addition, originating members are listed, annexed to the Treaty of Versailles, in a list which means States which have vocation to this quality. What are the 32 Allied and associated States during the first world war, were at war with central powers. However, their membership in the S.D.N result for each signature and ratification of the Treaty of Versailles, the Pact is part. The United States were never ratified and not have therefore never was party to the Pact or member of the S.D.N.
Moreover, of States have been from the outset, invited to join the Pact: are 13 States have remained neutral in the war among which figure the Switzerland (seat of the Organization). In fact, it will not adhere when Declaration of London 13 February 1920, the Board will expressly acknowledged its perpetual neutrality and it will be exempt from any involvement in any military sanctions (article 16 of the Covenant).
Then admitted members are all those who have become members of the organization in accordance with the procedure laid down by article 2§1 Pact. Although Treaty, States ex-ennemis had to undergo the procedure for admission. Thus, the Germany is entered S.D.N. as in 1926. Admission is possible for any independent State providing effective safeguards a sincere intention to observe its obligations, and by a vote of the Assembly by a majority of two thirds. In total, 20 States became members of S.D.N. by this procedure between 1919 and 1939.
Moreover, the loss of the quality of Member of the S.D.N. is foreseen in two assumptions: exclusion and removal. Indeed: the exclusion established by article 16 § 3 of the Covenant, is the result of a decision taken by the organization to a member. This punishment has been implemented only once: in 1939 against U r. u.s. u.s. of aggression against the Finland (which seems questionable, in so far as, in 1935, of Italian against Ethiopia aggression, this sanction against a convicted member "of the violation of one of the commitments resulting from Pact" did I had not been applied). Whereas the withdrawal of a Member State is possible, pursuant to article 1 § 3, the only condition that he fulfilled his obligations and given a notice of two years.
Age of gold organization:
E Finally, facilitating the relaxing Franco, the League of Nations took an ever-growing dimension.
Indeed, the organization is advancing the practice of international conferences and negotiations. European leaders are moving to Geneva, to meet, especially in the 1920s: Herriot and France Germany, Mac Donald for the United Kingdom Stresemann Briand. Diplomacy seems more open, more transparent and less secret. The League of Nations allow the assertion of a new type of diplomats: international civil servants, who work to its service (120 in 1919, 700 in 1931), and Monnet, Deputy Secretary-General of the League between 1919 and 1923.Headquarters the S.D.N. becomes mandatory meeting of those responsible for corporate foreign. This new capital of the world of diplomacy becomes every year, September sessions of the Assembly, a large cosmopolitan theatre so fiercely described by Albert Cohen in his novel Belle of the Lord "with on stage, his round ambassadors, Ministers and delegates, with its floor journalists and photographers, its intrigue behind the scenes and show, his Pleiad of spectators, beggars, writers, artists, businessmen and women in the world of all countries".
In addition, effective actions on the fiscal plan are made. Thanks to the League of Nations, Europe is stabilized by the dollar 1924-1929. Secret diplomacy seems to give way to diplomacy and press conferences. Spirit of Geneva, the ideal of peace and faith in international cooperation are managers of the major countries and small island States. It is she who, in 1922, saves the bankruptcy of Austria, which was eroded by the hyperinflation: a major international loan enables the creation of a new currency (schilling) to stabilize the financial situation of the country.
International Organization also has a great economic ambition. All those who have made faith, are convinced that global prosperity and the intensification of exchanges are the best peace guarantors. And that barriers to international trade and protectionism are instead of stress factors. At the request of the delegate of the France Louis Loucheur, the S.D.N. organizes may 1927 in Geneva a major economic conference to examine these issues. The climate is favourable, since most currencies are now stabilized. Fifty countries are represented, including the United States and the Soviet Union. The general rapporteur, Belgian Theunis views present which prefigure the considerations developed in post-1945 international conferences. Will finally enter the dominant trend in the second twentieth century: economic liberalism and the market economy?
Moreover, it has led some tradeoffs with success: sharing high - Silesia in 1921 Poland and Germany, prevention of a Bulgarian Greco war in 1925. The League of Nations also honourably accomplished the mission of administration of the Saar area that he had entrusted the Treaty of Versailles for fifteen years.
On the other hand, the S.D.N. launches also large-scale operations where she tries to involve the two great powers not members of the Organization, the United States and the USSR U. In December 1925, she creates for the preparation of the Disarmament Commission to la where Americans and Soviets agree to participate. The role of this organization is to develop a draft convention to be used in discussions of a future Conference on disarmament.
The rest, the League of Nations gave birth to some body subsequently affiliated to the United Nations such as the Court of Justice in the Hague, labour (ILO), International Bureau International Announces UNESCO International Labour, High Commission for refugees as well as international intellectual cooperation organization.
Finally, the League of Nations has given years 20 a favourable environment for one political stability. The time is therefore peace founded on collective security and progress. In addition, the dynamics of peace is based on the Franco-German reconciliation fleshed out, under the aegis of the Organization, by October 1925 Locarno Pact. Mutual recognition of the western borders of Germany, guaranteed by England and the Italy consolidates the France and the Belgium security since Berlin accepts, freely this time, the provisions of the treaties. The latter is admitted to the League of Nations where she gets the seat of permanent member of the Board and moves from one day to the next day on an equal footing with the United Kingdom the France, the Italy, the Japan. Event is welcomed in Geneva by all members, its main artisans, and in particular by the famous quote Briand: "back guns, machine guns, cannons! place the conciliation, arbitration and peace!".
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