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Amendment of the Covenant of the League of Nations with a View to its “Separation from the Treaties of Peace”

Published online by Cambridge University Press:  12 April 2017

Manley O. Hudson
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Type
Editorial Comment
Information
American Journal of International Law , Volume 33 , Issue 1 , January 1939 , pp. 138 - 146
Copyright
Copyright © The American Society of International Law 1939

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References

1 On the process of amendment in general, see Finch, , “Proposed Amendments to the Covenant of the League of Nations,” this Journal, Vol. 16 (1922), pp. 263–273 Google Scholar; Hudson, , “Amendment of the Covenant of the League of Nations,” 38 Harvard Law Review (1925), pp. 903–942 CrossRefGoogle Scholar.

2 The texts of the sixteen amending protocols are collected in 1 Hudson, International Legislation, pp. 19-42.

3 It was incorporated as Part I, also, in the abortive Peace Treaty of Sèvres of August 10, 1920; but it was not included in the Peace Treaty of Lausanne of July 24, 1923.

4 Translation from British Parl. Papers, Cmd. 5175 (1936), p. 11.

5 League of Nations Official Journal, Spi. Supp. No. 154, pp. 96-97.

6 The Committee was set up under an Assembly resolution of Oct. 10,1936. Records of Seventeenth Assembly, Plenary, p. 141.

7 League of Nations Document, C.350.M.238.1937.VII.

8 M. Morellet also sat with the Committee as the observer of the International Labor Office.

9 League of Nations Document, C.494.M.335.1937.VII.

10 Ibid.

11 League of Nations Official Journal, Spl. Supp. No. 182, p. 29.

12 On Sept. 30,1938, the Council named the following states non-members for this purpose: United States of America, Brazil, Costa Rica, Germany, Guatemala, Honduras, Japan, and Nicaragua.

13 League of Nations Document, A. 79 (1). 1938.V.

14 Corresponding changes in the French version are provided for.

15 Proposed omissions from the present text are underscored.

16 Proposed additions to the present text are italicized.

17 See Kelsen, , “Separation of the Covenant of the League of Nations from the Peace Treaties,” in a volume entitled The World Crisis (Geneva, 1938), p. 133 ffGoogle Scholar.

18 Cf. 1 Miller, Drafting of the Covenant, pp. 397-399.

19 The practice of numbering the paragraphs is due to the Assembly resolution of Sept. 21, 1926.

20 There would remain in the amended Covenant the reference to “the late war” in Art. 22, par. 1, and to the “regions devastated during the war of 1914-18” in Art. 23(e); both of these references were considered by the Committee of Ten Jurists in 1937, but no change was recommended in respect of them.