Imagini ale paginilor
PDF
ePub
[graphic]

cut out of it. This query deals with a very practical problem. Anyone can settle the problem for himself, however, by simply bluepenciling the sections dealing with the League of Nations or its organs. If reference to the Conference and its organizations were substituted for the Council and other organs of the League, we should still have substantially left an organization which could function by itself. It is by no means suggested here that this should be done, for the League of Nations, associated in the manner indicated with the purposes of this Treaty, would be of inestimable value in lessening the causes of dispute. And since all safeguards have been taken to prevent it from involving States in any enterprises not their own, it is almost inconceivable that there should be hesitation in any forward looking country about cooperating with the League to the extent and in the way indicated.

July 3, 1924

James Thomson Shotwell

[ocr errors][merged small]

The High Contracting Parties, being desirous of promoting peace and of lessening the danger of war by reduction and limitation of armaments, agree to this Treaty.

PART I

General Measures

CHAPTER I

OUTLAWRY OF AGGRESSIVE WAR ARTICLE 1.--The High Contracting Parties solemnly declare that aggressive war is an international crime. They severally undertake not to be guilty of its commission.

ARTICLE 2.-A State engaging in war for other than purposes of defense commits the international crime described in Article 1.

ARTICLE 3.-The Permanent Court of Internationa! Justice shall have jurisdiction, on the complaint of any Signatory, to make a judgment to the effect that the international crime described in Article 1 has or has not in any given case been committed.

CHAPTER II

ACTS OF AGGRESSION

ARTICLE 4.-The High Contracting Parties solemnly declare that acts of aggression, even when not resulting in war, and preparations for such acts of aggression, are hereafter to be deemed forbidden by international law.

ARTICLE 5.- In the absence of a state of war, measures of force by land, by sea or in the air taken by one State against another and not taken for purposes of defense or for the protection of human life shall be deemed to be acts of aggression.

Any Signatory which claims that another Signatory has violated any of the terms of this Treaty shall submit its case to the Permanent Court of International Justice.

A Signatory refusing to accept the jurisdiction of the Court in any such case shall be deemed an aggressor within the terms of this Treaty.

Failure to accept the jurisdiction of the Court within four days after submission of a claim of violation of this Treaty shall be deemed a refusal to accept the jurisdiction.

ARTICLE 6.-The Court shall also have jurisdiction on the complaint of any Signatory to make a judgment to the effect that there has or has not in any given case been committed a violation of international law within the terms of Article 4.

ARTICLE 7.-The Permanent Advisory Conference hereinafter mentioned shall from time to time consider the further codifying of the principles of international law relating to acts of aggression and preparations for such acts.

In this regard, the Conference shall take into account the additional security to the Signatories and the progressive disarmament which are by this Treaty contemplated.

The recommendations of the Conference shall be submitted to the H.C.P. for their adoption, and shall also be transmitted to the Permanent Court of International Justice.

CHAPTER III

SANCTIONS

ARTICLE 8.-In the event of any H.C.P. having been adjudged an aggressor pursuant to this Treaty, all commercial,

trade, financial and property interests of the aggressor and of its nationals shall cease to be entitled, either in the territories of the other Signatories or on the high seas, to any privileges, protection, rights or immunities accorded by either international law, national law or treaty.

Any H. C. P. may in such case take such other steps toward the severance of trade, financial, commercial and personal intercourse with the aggressor and its nationals as it may deem proper and the H. C. P. may also consult together in this regard.

The period during which any such economic sanction may be continued shall be fixed at any time by the Court at the request of any Signatory.

In the matter of measures of force to be taken, each Signatory shall consult its own interests and obligations.

ARTICLE 9.-If any H. C. P. shall be adjudged an aggressor by the Permanent Court of International Justice, such Power shall be liable for all costs to all other H. C. P. resulting from its aggression.

CHAPTER IV

DECREES OF THE PERMANENT COURT

ARTICLE 10.—The H. C. P. agree to accept the judgment of the Permanent Court of International Justice as to the fulfillment or violation of the contracts of this Treaty.

Any question arising under this Treaty is ipso facto within the compulsory jurisdiction of the Court.,

ARTICLE 11.-If a dispute arising under this Treaty shall be submitted to the Permanent Court of International Justice, it is for the Court to decide as to its jurisdiction and also whether or not its decree has been complied with.

PART II

Disarmament

CHAPTER I

REDUCTION AND LIMITATION OF ARMAMENT

ARTICLE 12.—The H.C.P. recognizing that excessive armaments constitute a menace of war mutually agree: i. to limit or reduce their armaments to the basis necessary

for the maintenance of peace and national security. ii. to study the ways and means for future reduction of

armaments either as between all Signatories or as between any two of them.

CHAPTER II

DEMILITARIZED ZONES

ARTICLE 13.-In order to facilitate the security and progressive disarmament contemplated by the present Treaty, any H.C.P. may agree with one or more neighboring countries for the establishment of demilitarized zones.

CHAPTER III

PERMANENT ADVISORY CONFERENCE Article 14.—The H.C.P. will call a Permanent Advisory Conference upon Disarmament which shall meet not less than once every three years.

This Conference shall, in addition to its functions as described in Article 7, publish periodical reports concerning the actual conditions of the armaments of the Signatory States.

The Conference shall advise the H.C.P. concerning measures to be taken to ensure the carrying out of the principles of the present Treaty and it may prepare supplementary treaties for the establishment of demilitarized zones and for the further promotion of disarmament and peace.

« ÎnapoiContinuați »