INTERNATIONAL ORGANISATION
Evolution of International Organisation
Q. 1. Examine the development and growth of International Organisation.
Or
Explain in brief the historical development of the International Organisation.
Ans. Development and growth of International Organisation- It is generally believed that the world shattering catalysm of 1914-18 which brought disaster to all the nations resulted in a demand from all quarters for an institution strong enough to ensure peace and security in a war-tired world. Popular interest in the establishment of an international organisation had manifested itself soon after the outbreak of war. But, in fact, history is the witness of this fact that international organisation attained its present form after passing through various stages of its historical evolution. Attainment of stable and long lasting peace in the international field had been the centuries old aspiration of the man. To be more specific, it can be said that several schemes for establishing peace and war-free world had been formulated and considered since medieval age. For example, medieval political thinker Thomas Aquinas had suggested that all the States should accept the supremacy of an universal Church for the establishment of a stable peace in the world. In contrast to this idea another medieval philospher Dante postulated that all the rulers of the world must become subordinate to a world-wide empire. Besides these two solutions, a third measure was also put forward, which required that a world federation should be framed which must engulf all the States of the world. Names of Grotius, Rousseau, Kant, Erasmus, etc. are to be specifically mentioned in this context. In fact most of the costly and highly destructive wars in history have produced plans for the prevention of war among nations and for the settlement of international disputes by arbitration rather than by armed conflict. The nineteenth century had witnessed a considerable growth of international cooperation in various fields resulting into the concept of formulating an international organisation for attaining permanent and stable peace in the world. It is true that in the period following the Napoleonic wars people indeed laid stress on national rather than on international cooperation, but it is also equally true that this period also saw a series of efforts to avoid war and to unite the nations of Europe by ties of common interests. The Holy Alliance of Czar Alexander I, although it soon became overlaid by other motives, was a project for the union of the Christian States for certain common purposes. But the Czar’s project fell through as it was then regarded as an Utopian Scheme unworthy of serious consideration Nevertheless the idea that Europe had a common interest in the maintenance of peace was recognised. The Concert of Europe, based upon the Quadruple Alliance of 1815 inaugurated a period of Congresses and provided for collective deliberation. It indeed could not secure the cooperation of the European States in matters of common interest, but the periodical meeting of the diplomats in several Congresses was no doubt a fruitful experiment in internationalism. In the Congress of Paris held after the Crimean War the problem of preserving international peace was raised and discussed. The period of comparative calm in the last quarter of the nineteenth century saw the growth of international organisations in commercial, labour, cultural and scientific fields. But this unity of spirit did not extend to politics. Many international disputes were settled without resort to arms. The Hague Conferences of 1899 and 1907 tried to remove the menace of war by a policy of disarmament but failed. But they gave a definite shape to the arbitration movement by setting up an international Court before which cases may be taken for adjudication. Here something of real importance was done.
The first international organisation viz., the League of Nations in the real sense of the term was the culmination of a series of attempts made in the nineteenth century specifically and long historical evolution in the direction of avoiding war by peaceful settlement of international disputes.
In this way, it is quite clear that the evolution of the international organisation can be broadly divided into two evident periods-First, pre League of Nations period and second, post-League of Nations period. The development of the international organisation can be properly understood only after the following discussion of the below-mentioned two periods.
1. Pre-League of Nations Period- Ancient Greek period is the first stage of the evolution of international organisation, which had sufficient scope for political relations and behaviours, commercial relations, war and military codes, contracts and agreement regarding the terms and conditions for peace among various City States. Federal institutions like “Ampic Tunic Council” and commonwealth of City States had the seeds of international organisation. No specific development in this context is found during Roman period due to centralised Roman sovereign (universal) empire ‘Council of constance’ instituted in the year 1414, Hensiatic federation of medieval age, writings of Machiavelli and Hugo Grotius, Westfalia Congress scheduled in 1648, etc. are specifically significant in the development of international organisation. Congress of Vienna was held in the year 1814-1815, after the defeat of Napolean in order to solve the political problems of the Europe. The establishment of European order by it may be regarded as the first international organisation. Holy Alliance plan of Russian Czar and first and second Hague Conference held in the years 1899 and 1907 respectively proved to be milestones in this regard.
2. Post-League of Nations Period- This is a well known fact that popular interest in the establishment of a world-organisation had manifested itself after the outbreak of the destructive, inhuman and heinous First World War. The terrible consequences of this war compelled the then statesmen of the world to conclude that only a permanent international organisation would be competent and successful in establishing peace in the world. Under the able leadership of Viscount Bryne a group of public men chalked out a plan for the creation of a league for the purpose of avoiding future wars. This plan was disclosed publicly and a society styled as The League of Nations Society’ came into existence in the year 1915 with the aim of establishing a League of Nations, providing arbitration or conciliation for all international disputes and codifying international law. Another group of public men created another society in the year 1918 with similar objects in the style of The League of Free Nations Association’. A similar project was conceived by a group of prominent public leaders of the United States who established a ‘League to Enforce Peace’. Under the auspices of this League, a conference was held at Philadelphia in June 1915 and chalked out a four point programme. This programme demanded the submission of all justiciable international disputes to arbitration and the submission of all other disputes to a council of conciliation, the application of economic and military force by all States against any State going to war without first submitting its disputes to arbitration or conciliation and codification of international law. In the year 1916 another conference was held at Washington to devise ways and means to give a practical shape to the programme. In January. 1917 President Wilson addressed the American Senate on a ‘World League for Peace’. As the war with all its atrocities professed the need for finding out means for peace was felt all over the world. In January. 1918. American President Woodrow Wilson announced his historic fourteen point programme and emphasised the establishment of an association of Natiohs ‘for the purpose of affording mutual guarantees of political independence and territorial integrity to great and small States alike’. In March. 1918 a committee of British Foreign Office under the leadership of Lord Phillimore prepared a draft convention for the institution of a league. Later on, after the lapse of some time President Wilson submitted another draft convention of a similar kind. In the meantime General Smuts presented his own draft. After the end of the First World War in November, 1918 and meeting of Peace Conference in January, 1919, President Wilson prepared another draft and on behalf of Great Britain Sir Robert Cecil presented his own draft. The British delegation to the peace prepared an official draft out of the drafts prepared by Smuts and Cecil. As the Wilson’s draft differed from British official draft on a number of points, the task of reconciling these two drafts and preparing a draft acceptable to the two countries was performed by Cecil Hursts and David Hunter Miller. A composite Hurst- Miller draft provided a solid base and ground for the discussion at the peace conference. A League of Nations Commission under the chairmanship of American President Wilson, which brought out a draft of the Covenant for the approval of the conference. This draft was approved unanimously with some amendments at a primary session of the conference on April 26. 1919 and the Covenant of the League was incorporated in the Treaty of Versailles. The whole world heaved a sigh of relief with the creation of the League of Nations, an international organisation in the real sense of the term, on January 10, 1920. But League of Nations had no effective machinery to enforce its decision, which along with other defects and factors contributed to its utter failure to maintain peace specially when quarrels involved Big Powers despite its several successes in settling many minor disputes among nations. Consequently, the idealism of President Wilson embodied in the Covenant and working of the League of Nations evaporated before the selfish considerations of individualistic diplomacy. International cooperation in the field of politics failed and the Second World War raised its hydra-headed hood. But inspite of past failures man’s optimism is irrepressible and he has looked forward even in the midst of mortal perils of this hideous war, to the prospect of realising the ideal of one ‘World State’ in which all nations may dwell together in unity. It is this ideal which gave birth to the United Nations Organisation with the ratification of United Nations Charter in 1945 and its enforcement on October 24. 1945, which is the embodiment of the ideas of mighty international organisation postulated by various thinkers and statesmen from time to time. The League of Nations was consequently dissolved by a resolution of its last Assembly in April, 1946.
Q. 2. Discuss the development of international organisation before the League of Nations.
Ans. Development of international organisation before the League of Nations-At the very outset, one must accept that international organisation as a distinct phenomenon of international relations is of recent origin. But the concept of an association of States is ancient history and like everything else in this changing world, international organisation has roots far back in the past. Right from the beginning of the civilisation, it had been realised that bickerings, tension and enmity between two States may arise owing to several causes, but there can be no war between them, if there is a machinery to settle their differences amicably. In the history of the world, there have been instances, when war were prevented either because good sense prevailed ultimately or a third party settled the disputes to the satisfaction of both the parties. In the nineteenth century, the world came to know what a catastrophe war means, when it utilises all the inventions of modern science for the purpose of destroying property and killing and mutilating people on a mass scale. So States felt the need of a permanent machinery (inter-State or international organisation) from the very inception of the civilisation and inter-State relation with the help of which inter-State and international disputes could be settled. Thus, despite this well-established fact the establishment of an international organisation is a recent phenomenon and to be more specific of the beginning of twentieth century, the idea of having an international organisation to maintain peace and promote prosperity is very old one. So the development of the international organisation before the formation of League of Nations cannot be neglected and it can be discussed as follows:-
(i) Ancient Greek Age.- It is a well-known fact that the civilisations of China, India. Egypt, Messopotamia, etc., existed and prospered much before the ancient Greek civilisation and polity, and formation, evolution and observance of developed, systematic and logical inter-State relations had been already in existence. The Amphictyonic League of Greek cities provides the carliest example of the international organisation.
(ii) Roman Empire Period- After the institution of Roman empire, innumerable small States from Egypt to England were merged in the Roman empire. But even after the establishment of sovereign Roman empire, Romans had no significant contribution towards international organisation due to its centralised form and distance from nations like China and India. Though they had gone much ahead in the fields of legal, military and administrative techniques, but evidently they were far away from the state of international organisation. Even then Justinian was of the view that they had evolved such a system which worked as a source of law in the coming centuries. Dante, a medieval thinker earned a lot of fame by propounding the concept of universal empire.
(iii) The Council of Constance – ‘Council of Constance’ constituted in the year 1414 has got a significant place in the historical development of international institutions. The object of this Council was to end the Papal schism.
(iv) The Hanseatic League- Among various political, trade and religious associations, formulated during the middle ages, the Hanseatic League is specifically significant.
(v) Westphalia Congress-The Westphalia Congress scheduled in the year 1648 occupies a significant place in the development of international organisations in which hundreds of diplomats of various countries participated. It may be mentioned here that by this time the State system started developing in the seventeenth century and the Treaty of Westphalia of the year 1648 may be said to have formalised the State system, for it recognised that the Holy Roman Empire no longer commanded the allegiance of its parts (so much so that in spiritual matters Pope could not maintain his authority everywhere in Europe), Thus, by 1648 the State system was well-established in Europe.
(vi) The Concert of Europe. – The development of the international organisation in the real sense of the term is marked with the establishment of the Concert of Europe, which evolved out of the Holy Alliance and Congress of Vienna in the year 1815. The Concert of Europe contained the seeds for the League Council and Security Council for it laid the groundwork for the creation of the executive organ of an international organisation. The Concert of Europe kindled the feeling of European unity and present a faint glimpse of international peace. The Holy Alliance plan had an important place in establishing joint system, for which the credit goes to the Czar Alexander of Russia. Along with an alliance to suppress the future revolutions of Europe, it was also a great association for applying a break on future wars. Later on, the Holy Alliance plan could not prove itself useful but it certainly gave inspiration to international conferences in future.
(vii) The Quadruple Alliance. – The Holy Alliance was in fact not a treaty, because it was in the nature of a pious wish inspired by the dreamy idealism of the Czar Alexander I. A more positive and practical policy was necessary to safeguard the Vienna settlement which had been entrusted to the collective guarantee of the powers. Hence, there arose a strong desire for some international organisation which would ensure European peace. This desire found expression ssion in the Quadruple Alliance which was signed in November, 1815 by Russia, Prussia, Austria and Great Britain. It included the proposal for periodical meetings which constituted the Concert of Europe. It inaugurated the system of “diplomacy by conferences” as distinguished from the old system of individual diplomacy. It was thus a new experiment in internationalism. The years that followed the Quadruple Alliance have been called the Age of Congresses. The Concert of Europe came into conflict with the new forces of nationality and democracy. It became an adjunct of Metternich’s system which was an amalgamation of meetings among the more powerful European countries, and internationalism became a move for national interest paving the way for creating an international organisation.
(viii) The Hague Conference. – The meeting of the Hague Conference in Holland in 1899 owing to the land given by Czar Nicholas II of Russia was a great landmark in international relations, as it was decided that there should be a permanent Court of arbitration clearly indicating the desire to create an international organisation. In fact, one important element among different elements went into the formation of the League of Nations was the movement for limitation of armaments and systematisation of arbitration, which culminated in the Hague Conference of 1899 and 1907. These conferences served as a model for the Assembly of the League, which would take over and develop further the ‘legislative’ functions initiated by the Hague Conferences. The Hague system represents the second stream of the development of international organisations. These two conferences (Hague) contained the seeds of the League Assembly and the General Assembly.
Even then, it is true that the Hague system was not successful in establishing permanent peace in the world and First World War shattered all the idealistic ideas, due to which third Hague Conference could not be held again.
Q. 3. Comment in brief on the development of international organisations from the League of Nations.
Or
Discuss the development of international organisations from the League of Nations to the present day.
Ans. Development of international organisations from the League of Nations to the present day- The destructive, inhuman and heinous consequences of the First World War compelled the then statesmen of the world to reach the conclusion that a permanent international organisation may prove to be competent and successful in establishing peace in the world. As a result serious attempts were being made to hold a conference of nations just after the culmination of war in which international organisation in which a serious step may be taken to institute an international organisation. It is true that several declarations were made in the Vienna and Berlin Congresses and in Brussles and Hague Conferences, but the language of all of them was not clear. This is the reason that the First World War of the year 1914 presented an urgent need of political international organisation. Consequently the statesmen of the world started discussing in this context, which ultimately resulted into the recognition of the League of Nations as an international organisation through the approval of its covenant. But the League of Nations failed to achieve its international objectives. Its concept of collective security could not be translated into practice and it even remained deprived of the good feelings of chief nations. United States of America did not accept its membership, and as far as Soviet Russia was concerned, she was kept deprived of its membership. Keeping in view the weaknesses and failures of the League, Berlin-Tokyo axis was organised. With the advent of Second World War in the year 1939, its remaining respect and utility also perished. April 19, 1946 was that inauspicious day, when League of Nations was buried, because on the same day its functions, powers and property had been transferred to United Nations Organisation and UNO’s Charter was implemented. Fifty member nations took the one responsibility of running this world organisation on their own shoulders and thus provided it much significance. It is true that United Nations Charters was adopted and signed by 51 nations of the world, but it did not come into force immediately because it was necessary to have been ratified by the prescribed number of nations. This requirement of ratification was fulfilled on October 24, 1945, and consequently on October 24, 1945 the United Nations was established as an international organisation.
In the end, it may be concluded that the present United Nations Organisation is a developed and highly refined and successful institution. The concept of the present international organisation is found in historical facts, ideas of philosophers and efforts of preventing wars from time-to- time. Today, the position and mentality of the world expects the establishment of international organisations. This is the reason that the popularity of United Nations Organisatiion established in the year 1945 is persistently increasing. The continuous enhancement in the number of its membership is itself the proof of this fact that it will prove itself successful in playing the role of a strong international organisation in the near future.
Although one of the chief goals of the United Nations Organisation is keeping and maintaining world peace, but frequently it has failed to prevent or successfully resolve conflicts.
Q. 4 (a). International Organisation is an important component of International Law.
Ans. International Organisation is an important component of International Law-The organs of international organizations contribute to the clarification and development of international law. They help to create opinio juris but state practice becomes evidence of law only when the vast majority of states believe themselves to be legally bound. These organs often invoke legal principle in order to reach normative decisions. As pointed out by Rosalyn Higgins, “The collective processes in a United Nations organ help to focus attention upon the need for mutual observance of the rules. Indeed, in some cases reference to a widely accepted rule of law can serve a bridge between differing ideologies.” The constituent instruments of international organisations represent an advanced stage of the development of international law. They have “introduced a quasi- legislative element in the law making processes at the expense of contractual element, facilitating a quicker response to the problems of international social order.”
What is true of the organs of the U.N. is also, even more, trứe of the organs of the specialized agencies of the U.N. For example, both the World Health Organisation (WHO) and the International Civil Aviation Organization (ICAO) carry out a wide range of activities which contribute to the development of International Law. This has become possible due to the provisions of the Constitutions of these specialized agencies. Under Article 21 of the Constitution of WHO, cách Member has undertaken the obligation to take action relative to the acceptance of the Conventions (adopted by a two-thirds votes of the Health Assembly) or agreement within a period of 18 months after its adoption by the Health Assembly. In case a Member does not accept the convention or agreement within the said time, it is required to furnish the Director-General with a statement of the reasons for non-acceptance. Article 37 of the I.C.A.O. convention authorises the I.C.A.O. to adopt regulations with a wide variety of technical matters essential to the safe and swift operation of international civil aviation. According to Article 90, an annex may be adopted by a two- thirds majority vote of the members of the Council. A regulation thus adopted comes into force three months after its submission to the member- States or within the time specified by the Council, “unless the majority of contracting States register their disapproval with the Council.” Under Article 38 of the I.C.A.O. convention, if a member finds it difficult or impracticable to comply with any of the international standards or procedures adopted by the Council, it is under the obligation to notify I.C.A.O. immediately of the differences between its own practices and the practice established by the Annex. If the member concerned fails to notify or remains silent, it will amount to approval.
As pointed out by an Author, “the modifications of the usual international legislative procedures adopted by the World Health Organization and the International Civil Aviation Organization have permitted these two organizations to make valuable contributions to international law. In the case of WHO the most important contribution is without doubt the International Sanitary Regulations.” This document is so basic to the prevention of the ‘spread of pestilential diseases and one of the few multilateral treaties of its scope without serious loopholes due to incompatible reservations, has been described by Professor Jenks as ‘one of the major achievements of the international legislative process.” Further, “In the case of the I.C.A.O. the major contribution is in the international standards and recommended practices and procedures which permit international air navigation to be carried on with safety, regularity and efficiency. I.C.A.O.’s enlightened procedures for modification permit the I.C.A.O. to keep up with rapid changes that are taking place in civil aviation and the same time to avoid being bogged down in many of the ordinary time-consuming activities of other international organizations.”
Reference may also be made here to the unusual legislative procedure introduced by the International Labour Organization (ILO). Under the Constitution of the IL.O, members have undertaken an obligation to submit conventions and recommendations adopted by the conference by a two-thirds majority for the consideration of the national authorities. competent to give effect to their provisions. Once accepted, these conventions become binding upon members. The legislative procedure of the ILO, when introduced in 1919, was a radical innovation in following three respects: (1) “The whole conception of a convention being adopted by an international conference by a two-thirds majority and authenticated by the President and the Secretary-General of the conference instead of being signed by plenipotentiaries was then new.” (2) “An even more radical innovation than the substitution of adoption for signature was the participation in the act of adoption of of non-government delegates voting independently. This has remained a unique feature of ILO procedure. “No less radical and unprecedented an innovation was the obligation to submit conventions adopted by the International Labour Conference by a two- thirds majority for parliamentary consideration irrespective of the attitude towards the convention of the representatives of the Government concerned.”
A brief reference may also be made to a similar provision in the Constitution of the Universal Postal Union (UPU) which provides that those postal administrations which do not respond to a proposal put to them by the International Bureau within a period of three months, will be considered to be in agreement with the proposal. As written by Codding, Jr., “The experiences of WHO and ICAO have a high potential value. Other international agencies could possibly adopt them profitably to their own use, particularly those agencies whose activities are of a technical nature. A combination of all the special procedures of ILO, WHO, ITU and UPU in one international organization provides speculation. In any case, it is becoming increasingly obvious that some major changes are needed in the international legislative process if the international community is to be able to keep up with the amount of work that is being delegated by States to international organizations. The WHO and ICAO have, at least, made a start.”
Now the world is witnessing the third phase of the post-war development of international organisations. The first phase started immediately after 1945 when U.N. system including the International Monetary Fund (IMF) and the World Bank was established. The second phase started near about 1960 when common market, organisation of European Co-operation and Regional Development Bank etc. were established. The third phase started near about 1973 and is still continuing. In the third phase, U.N. Environment Programme, World Food Council, International Energy Agency (IEA) etc. have been established. The importance of international organisations is constantly increasing and they are making significant contribution for the development of international law. In many matters they have become part and parcel of international life.
Thus this international legislative prozedures established and developed by the specialized agencies are far advanced than those established and developed by the organs of the U.N. The organs of the United Nations particularly the General Assembly and the Economic and Social Council. should emulate the examples of the specialized agencies discussed above. Jenks has aptly remarked: “The future of International law, and in large measure the future of international society, depends on our succeeding in developing during next generation a whole series of new major branches of the law of which, despite immense and most encouraging progress during the last half-century only the beginnings as yet exist. Indeed, “The future belongs to International Organisations.” And the future of international organisation is safe so long as the United Nations is there. The United Nations has already completed more than sixty years of its successful existence. Since it has become an indispensable organisation the development of international law will go in future, rather it will gather momentum in the course of time. Though the fiftieth anniversary of the United Nations is indeed a great achievement and deserved the wide publicity it received yet another historic event of great importance was the 50th anniversary of the International Court of Justice on 18th April, 1996 which was unfortunately eclipsed by the former event. So far as the development of international law is concerned, the latter event is equally, or even more significant.
Q. 4 (b). It is true that in contemporary world International Law is not confined in regulating relation between States. Explain your view with example.
Or
What do you understand by subject of International Law? What are the subject-matter of International Law and why?
Or
What do you know about the subject of International Law?
Ans. Subject of International Law. – Ordinarily, the International law concerns with the rights, obligations and interests of the States. By treaties also usually State is made obliged to enforce it. But it does not mean that other entities or individuals do not come under the purview of International Law. In the modern era, the International Law has expanded a lot. Now this law is applied besides States to individuals also.
Theories of subject of International Law
1. Only States are the subject-matter of International Law.- According to certain jurists only States are the subject-matter of International Law. According to them, International Law regulates the behaviour of States hence States are its subject-matter. Prof. Oppenheim is supporter of this view. He asserted that since International Law is primarily the law between the States, its subject-matter is only the States. In the 9th edition of Oppenheim’s book on International Law certain changes have been made and editors of this edition have accepted that besides States other entities are also the subject-matter of International Law.
Criticism. – The jurists have bitterly criticized the above view. This theory has failed to clarify the position of slaves and Pirates in the International Law, In International arena by some ordinary treaties, the community of States have granted certain rights. The pirates are regarded as enemies of humanity and they can be punished by the States for piracy. But those jurists who say that States are the only subject-matter of International Law, regard the above two cited examples as exceptions of their view. According to them Slaves and Pirates are not the subject-matter of International Law but are as an object of it. To say that individuals are not the subject but object of International Law seems incorrect. Prof. G. Schwarzenberger has aptly remarked that this view is controversial. He asserts that to say that the individual who is the base of the society is only an object of the International Law, is not justified.
2. Only individuals are the subject- matter of International Law.- Leaving aside the abovementioned view whereby only States are the subject-matter of International Law, if we analyse, then at the last, the conclusion will be that only individuals are the subject-matter of International Law. The main supporter of this view is Kelsen. Before Kelsen, this view was expressed by Westlake, who opined, “The duties and rights of the States are only the duties and rights of men who compose them. “Kelsen has analysed the concept of State and according to him it is a technical legal concept which as a mixture of legal rules applicable to the all people living in a certain area hence the obligations of a State in International Law in the last resort are the duties of individuals of which a State consists.
Criticism. – So far as logic is concerned, the view of Kelsen seems correct, but so far as practices of States are concerned, it is seen the primary concern of International Law confines to the rights and duties of a State. It is true that at different times treaties are entered into by which individuals are granted certain rights. A good example is the Convention on the Settlement of Investment Disputes between States and Nationals of other States. 1965. By this treaty, provision is made to settle the disputes which arise by investment of capital by nationals of one State in other States. By this example it is clear, that the view of Kelsen that International Law is made applicable through the medium of a State seems unjustified.
3. States are the main subject-matter of International Law but in modern times not only State but other entities, International Institutions and individual may also be subject-matter of International Law. This view seems justified as against the above two views. In support of this. the following reasons may be advanced-
(i) In modern times many a treaties grant rights and duties to individuals;
(ii) In Danzing Railway Official case PCIJ, 1928. Series B. No. 15. the Permanent Court of International Justice had decided that in case, the State parties of a treaty intended to grant rights to individuals then International Law would recognize such rights and the International Court will enforce them.
(iii) Geneva Convention on Prisoners of War, 1949, has also accorded certain rights to prisoners of war.
(iv) Nuremberg and Tokyo Tribunals had propounded that in International Law individuals can have obligations directly. According to Nuremberg Tribunal, since crimes against International Law are committed by individuals not by abstract entities, hence by punishing the individuals who commit those crimes the provisions of International Law can be enforced.
(v) Genocide Convention, 1948. In this convention also individuals have been assigned directly certain dutics. By Article 4 of this Convention, those individuals who commit International crime of genocide, should be punished whether they are head of the State, high officials or ordinary person.
By above description it is clear that only States are not the subject- matter of International Law, but in modern times individuals, International Institutions, non-State entities minorities are also the subject-matter of International Law.
League of Nations
Q. 5. Explain the nomenclature, membership and goal and objectives of League of Nations.
Ans. League of Nations-Composition, goal and objectives- There are several concepts regarding the nomenclature of League of Nations. Some critics believe that its name is absolutely erroneous. The use of the word ‘League’ adversely affects its importance. League means such an association which is in contradiction with some other association. It appears from the literal meaning of the term ‘league’ that in a league some persons, who do not believe in its policies, may remain separate and may also work against those persons. But the League of Nations did not have the aforesaid goal and objective. Truèly speaking, League of Nations was a worldwide institution. Its goal was to establish international peace. So French name ‘Societe Des Nations’ was much better than the League of Nations. But the Constitution framing committee did not give due consideration to all these objections.
There were two kinds of members of the League of Nations-the first type of members was termed as original under Article 1 of the Covenant. Those States and dominions or colonies were original members who were the signatories to the Treaty of Peace or those who were invited to accede to the Covenant and actually acceded before March 20, 1929. Thus those nations whose names were included in that annex were original members. There were 43 original members of the League, 30 were allied signatories and 13 were neutral names in the Annex and invited to accede. The second type of members were those which were not named in the Annex but which were to be named later on. About them, the Covenant made provision in Article 1 (2) that “any fully self-governing State, dominion or colony not named in the annexure may become a member of the League if its admission is agreed to by two thirds of the Assembly, provided that it shall give effective guarantee of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to military, naval and air forces and armaments”. Thus, there was a provision for acquiring the membership of the League by those nations which were not its original members. For this, it was essential that-
(a) they should apply,
(b) they must be fully independent or sovereign, dominion or colony,
(c) they must furnish a guarantee to observe international obligations and to accept such regulations as may be formulated and issued by the League,
(d) if two third members of the Assembly accept the application.
The Covenant of the League of Nations prescribed three methods for the termination of its membership. Firstly, a member nation of the League was at liberty to withdraw from the League after giving two years’ notice of its intention to do so and after fulfilling all its international obligations and all its obligations under the Covenant. Secondly, a member guilty of violating the Covenant was liable to be declared to be no longer a member of the League by a vote of the Council concurred in by the representations of all other members of the League represented thereon. Thirdly, a member signifying its dissent to an amendment of the Covenant was liable to cease to be a member of the League.
The League had accepted the principle of equality of States. The principle of equality had been implemented in both organs of the League, viz.. Assembly and Council. There was a provision on all the subjects, except those for which special arrangements had been prescribed, that unanimity is essentially required for all types of decisions. It is true that the World League of Nations was based on the principle of the equality of the nations, but in both the organs of this World League of Nations it had never been observed. All the members of the Assembly were equal, but the permanent members of the Security Council were equipped with Veto right. League of Nations had not been authorised to interfere in the internal matters of the States. Due to this reason, League of Nations could never become super State. It could not issue orders to the States. Most of its decisions used to be in the form of resolutions, which depended totally on the sweet will of the States for their observance or infringement. League could not be accepted as a federation. Some critics have proclaimed it as a loose confederation. Thus, juridically speaking, then, the League of Nations was not a super-State, or an authority set over the other States. It was not a State partly because it was “not felt to be a State”. As one authority had put it, “even if the Covenant had proclaimed the establishment of a World State, that would be a vain formula, without reality”, for there was “no psychological basis for a universal imperium”. The very fact, as referred earlier, that the Covenant had made provision explicitly for three ways in which termination or withdrawal of membership could take place, is a further proof of the reality that it was not a State. Truely speaking. League of Nations was merely a conglomeration of States and nothing more.
The ideals of the League of Nations were not new to the world. The aims of the League of Nations were given in the Covenant of the League, which was, as seen earlier, a part of the Treaty of Versailles (1919). Broadly speaking, three following goals have been fixed for the League-
1. Implementation of Peace Treaties. – Under this objective, the League enjoyed certain administrative authority, for instance (a) Administration of the city of Daijing for 15 years governance of Saar; (b) Implementation of Security System; and (c) to safeguard the interest of minorities.
2. To work for the attainment of Public Welfare. – To take legal steps for the welfare and well-being of the humanity at large was chief objective of the League. It used to perform the following functions in this direction-(a) Prevention of epidemics, (b) Promotion of health, (c) Eradication of slavery, (d) Stopping sale and purchase of women, (e) Establishment of cooperation in economic, social and literary fields.
3. Prevention of War and Establishment of Peace.- The following fünctions were expected to be fulfilled by the League in pursuance of the objective of the prevention of war and establishment of peace-(a) To respect the territorial integrity of all the member States in regard to other member States, (b) To eradicate such factors which encourage war activities, (c) To restrict the competitive mentality and race for armament, (d) To settle peacefully the mutual disputes.
Q. 6. Mention the main causes of the failure of League of Nations.
Or
Explain the circumstances responsible for the failure of League of Nations.
Or
What were the defects of League of Nations? What were the causes of its failure?
Ans. Main causes of the failure of League of Nations.- The League of Nations failed miserably and became a laughing stock of the world. The main causes of its collapse may be enumerated as below:
1. Birth of the League under unfortunate circunistances- First of all the very genesis of the League is the part of the unfateful and controversial Treaty of Versailles. So it was quite natural that the composition of the League included all those elements which were responsible for the birth of League of Nations. So the feelings of hatred and revenge were present in the structure of the League alongwith idealism of President Wilson. On the one hand, its structure was built on the pedestal of high ideals of peace and democracy, and on the other hand, the sentiments of imperialism were given due place. Consequently, the structure of the League was dominated by cunningness and hypocracy, so the failure and downfall of the League was pre-destined. This fact made the League to appear as the honourable daughter of a disreputable mother.
2. Non-Cooperation of America- The United States of America was the chief architect of the League of Nations and American President Woodrow Wilson gave the idea of the League and helped to establish it. But it was a great misfortune for the League that the United States of America could never become its member, because the American Senate did not ratify President Wilson’s action. This was the most fatal and greatest blow for the League of Nations due to which it staggered throughout its entire existence.
3. Provision for leaving its membership- The provision for leaving the membership of the League by giving two years’ notice by any State had been included in Covenant itself. This provision was a terrible blow to it, which never allowed the League to play a deciding, dominant and acceptable role in the international politics..
4. Lack of power- In order to bring any culprit on the right path, power is needed. But as the League of Nations was not a super-State, it was not at all in a position to exercise power over its members. In case of a member resorting to war in disregard of the Covenant the League could only recommend to the governments concerned what effective military. naval or air-force the members had severally to contribute to the armed forces to be used to protect the Covenant. Thus, it is amply clear that the States could disregard the recommendations of the League.
5. Principle of unanimity- The most important reason of the failure of the League of Nations was the principle of unanimity. For taking any decision on any significant matter or subject by its Assembly and Council. unanimity was required. Due to the principle of unanimity each and every State enjoyed the right to Veto. So if it was not possible to reach any decision on any subject, it was atleast quite difficult. In actual practice, due to power rivalries this unanimity of vote could not be achieved and the League could hardly take any action in the face of a crisis. Thus, the unanimity principle which was incorporated to improve the efficiency of the working of the League of Nations proved to be detrimental and obstructed its day-to-day working.
6. Non-interference in internal affairs- A very serious defect in the Covenant of the League of Nations was that it was not competent and authorised to interfere in the internal matters of the member States. Member States were well-aware of this weakness of the League of Nations. If it tried to take any action, the aggressor State used to refuse to accept the decision and resolution of the League of Nations on the plea that it was her internal matter.
7. Incorporation of Covenant in the Peace Treaties- The Covenant of the League of Nations was made a part and parcel of the peace treaties, which was definitely a great mistake. Peace treaties had never been respected by several States. In the very initial stage, it came to be regarded as a conspiracy and an instrument of the victorious States to maintain status quo. Due to this fact, it was considered to be as “the honourable daughter of a disreputable mother”.
8. Establishment at improper time- The League of Nations was instituted at such a juncture of time which was not suitable. Several States had been formed by the treaty of Versailles. Such States had attained independence and they were not at all prepared to forego their sovereignty at any cost. The feeling of internationalism was strange and unknown to them, due to which they could not cooperate with the League of Nations openheartedly.
9. Hypocracy of Big Powers- The representatives of big nations in the League of Nations spoke of high principles, but were not at all ready to uphold the right and just causes, and did practically nothing when they were required and expected to translate words into deeds. For example, while Italy was criticised for her aggression on Ethopia, certain powers supplied her vital war material and weapons. The aggressors confirmed their view that the League was not serious in its business and assumed bolder aggressive posturès. The major powers allowed and encouraged aggresser nations to prey upon the weak and helpless nations.
10. Its role beyond its competence and ability- Certain critics opined that the role to make all the States secured was beyond the competence and ability of all the States or at least those prominent States which were responsible for the formulation of the League’s policies.
11. Weak powers let down.- Weak powers like China and Ethiopia were let down badly, when they needed the League’s help as victims of aggression.
12. Citizens’ view point.- According to Poter, the League of Nations failed because the citizens of Italy, Germany and Japan helped their governments in invading, and the citizens of England, France and America did not compel their governments to check the expansion of Nazism and Fascism.
13. Constitutional weakness.- The most significant cause of the failure of the League of Nations is considered to be its constitutional weakness. Besides the absence of any international service or system of police and essential requirement of unanimity, its working method was so complicated that any discussion and debate could be indefinitely prolonged or cancelled and it was its serious defect, because it enabled to drag a discussion so long that the time to take effective action against an aggressor State used to lapse.
14. Inherent self-contradictions.- The organisation of the League of Nations had certain such self-contradictions, which were almost impossible to be eradicated. The League of Nations was a world organisation but it had been constituted by the Supreme Sovereign States. Under such circumstances, the failure and unsuccess were bound to take place in reality.
15. Aggressive nationalism. – There is a very significant role of the concept of aggressive nationalism in the failure of the League of Nations. As every State regarded itself all powerful sovereign State, it considered itself quite free to act according to its own sweet-will.
16. Aggressive imperialism.- Generally, it was observed that most often the powerful countries of the world were not at all ready to give imperialist tactics. It was easy for them to talk, but very hard to put their words into practice. Not only this, but even democratic countries like England and France too continued their imperialist attitude and policy. their craze for land and their hunt for raw materials and markets. The cumulative effect was that the League could not check the making of secret treaties which formed the root cause of war resulting into utter failure of the League of Nations.
17. Policy of discrimination- One of the great demerits of the League of Nations was that it was based on the policy of discrimination between great powers and small States.
It is a famous Indian saying that before dying out the lamp flickers though the fateful vibrations comfort nobody. In November, 1939 just before its own end. Russia had invaded Finland which applied to the League on December 3 and invoked Articles 12, 15 and 16 of the Covenant. The Council and Assembly were promptly called in session and eventually Russia was found guilty and on December 14 the Council expelled her from the League membership. But it did not succeed in taking any solid step after that. On April 18, 1946, the League did not die but merged with the United Nations Organisation. This fact prompted Lord Cecil to say “The League is dead, Long live the United Nations.”
Q. 7. What were the organs of League of Nations ? Describe Assembly in brief.
Ans. Organs of League of Nations- From the organizational view point, the League of Nations may be regarded a loose confederation. Its constitution was highly rigid and it could not get least development during its short life. Broadly speaking, the organisation of the League of Nations was mainly based on the principle of the sovereignty of its member States. As a conclusion, it may be said that the working of the League of Nations was based on optional cooperation of its members instead of being self-dependent.
Following were the principal organs of the League of Nations, through which it used to function:
1. The League Assembly.
2. The League Council,
3. The Secretariat.
Besides these three principal organs, the Permanent Court of International Justice and International Labour Organisation were two autonomous bodies also. No doubt these two bodies were not at all the organs of the League of Nations, but from the practical view point these two were also considered to be the part and parcel of the League of Nations. Along with the above-mentioned organs, there were some special organisations and committees, viz. International Labour Office, committees dealing with mandates, white slave traffic, opium, health, finance etc.
Assembly was the representative body of the League of Nations, in which every member State had representation. All members of the League of Nations were represented in the Assembly. Every member State had the right to send not more than three representatives to the Assembly, although cach member-State was entitled to have only one vote. It was the biggest body. The representatives of the different member States sat in the League Assembly. In the beginning, membership was to be restricted to 32 allied and associated States, 13 neutral States and new States created by the Peace Treaty. According to A.E. Zimmem, “The Assembly was ‘not a Parliament’ or any other organ e’ a system of world government. It is simply the first outward and visible manifestation of the authority of Rule of Law in the world.” The Assembly was to meet at stated intervals and from time to time as occasion arose to transact the business. The Assembly was to meet at the seat of the League or at such place as might be decided upon. The representatives of each member State had the right to cast votes collectively. The Assembly elected its own presiding officer and made its own rules of procedure in consonance with the provisions of the Covenant. Its agenda was prepared by the Secretary-General but it was liable to be modified by the Assembly itself. The Assembly had its own committees which assisted it in its deliberations. There were six such standing committees on constitutional and legal questions, on technical knowledge, on reduction of armament, on financial matters, on social and humanitarian questions, and on political questions. Besides these standing committees, the Assembly had the right to appoint committees for a special purpose.
Though the idea of the League came from President Wilson of the U.S.A, the American Senate refused to ratify the treaty by which the USA was to join the League, and thus the USA had to stay out of the League. For some time, the central powers like Germany were not given admission into the League of Nations. Hungary was admitted in 1922. By 1932 the League had fifty five members. Soviet Russia was given admission not before 1934.
Ordinarily the Assembly consisted of approximately 100 persons of middle age diplomats, government officials varying greatly in competence and devotion to the League universally appointed by their respective governments and generally lacking relations with the public in their home States. As said above, it met at least once a year for about 3 weeks or more often as occasion might require. It was more in the nature of a diplomatic conference than a legislative body in that the delegates conducted themselves according to the instructions received from their respective governments. Sometimes the Prime Minister and Foreign Minister acted as delegates and some States kept permanent delegations at Geneva. It elected its own President usually from amongst the smaller powers and 8 Vice-Presidents and it framed its own rules in harmony with the Covenant.
Theoretically, the rule of unanimity had been adopted for the working of the Assembly. There was a clear provision in the Covenant that the Assembly could take decision only, if there was unanimity. Thus, each member State of the Assembly enjoyed the right to Veto. If any member- State (small or big) was not happened to be of one and same view, Assembly could not reach any decision. From this view-point, the Covenant of the League of Nations was very good, because it was based on the principle of the equality of nations. This right of Veto did not create so much difficulties and problems in the working of the Assembly and Council of the League of Nations as in the United Nations Organisation, because there was a clear-cut demarcation between a decision and resolution in the Covenant of the League of Nations. It was essential for all the member-States to be unanimous for taking a decision. But it was believed that the League of Nations was not competent to take any decision because each member-State was sovereign. The League of Nations was ‘the League of Free Nations Associations’ and not a supreme government. So it was not competent to issue orders to the States. It could only send resolutions passed by it and it was upto the States to accept them or not. Thus, all the decision of the League of Nations used to be in the form of resolutions and as seen above mere majority was needed for the approval of resolutions. Another point to be kept in mind was that the Assembly comprised several small and big States. Small States had to depend on the big States, so big States used to determine the policy of small States. Small States had to accept the existence of big States for their own existence. Thirdly. Article 5 of the Covenant had made distinction between decision and work methodology. Matters related to work methodology required only simple majority for reaching a decision. Fourthly and lastly, it had been provided for certain matters that decision could be made with two thirds majority. There was the requirement of two thirds majority for making a State its member. The Covenant could be amended by majority only. The Judges of the International Court were used to be elected by majority only. Thus. Schuman stated that the significance of the right to veto was only theoretical and not practical and actual.
Q. 8. What were the main functions of the Assembly of League of Nations?
Ans. Main functions of the Assembly of League of Nations- As far as the functions of the Assembly of the League of Nations were concerned, they were very elaborate, comprehensive and to some extent quite ambiguous too. In brief, the exclusive functions assigned to the Assembly which she used to perform were as follows:
1. Electoral Functions. – By two-thirds vote, the Assembly could elect and admit new members to the League. It could also elect annually 3 of the nine non-permanent members of the Council by a majority of votes. It could also approve the Council’s nomination of the Secretary-General and along with the Council’s nomination of the Secretary-General the Council elected every 9 years 15 Judges of the Permanent Court of International Justice.
2. Constitutional Functions.- Article 26 provided that the Assembly could accept the amendments to the Covenant of the League of Nations by a majority of its members, though there was the requirement of the ratification of the amendment by the Council.
3. Deliberative Functions.- The Assembly had to make deliberations on such international, political and economic matters which were considered to be in the likelihood of endangering world peace. It had also to tender advice from time to time for the reconsideration by members of the League of treaties which had become inapplicable. It had also to supervise the work of the Council and to revise the budget of the League which was to be prepared by the Secretariat. The Assembly made an apportionment of the expenses of the League among the members. It also supervised the work of the Council.
4. Economic Functions.- The annual statement of the income and expenditure of the League of Nations was being prepared by the Secretary- General. The Secretary-General submitted the statement of the income and expenditure to a committee of five members for its consideration. This committee was known as Supervisory Committee. Till the year 1928 this Supervisory Committee was appointed by the Council, but from this year the Assembly started to constitute this Supervisory Committee. The right and control over the budget of the League gue of Nations was being exercised only by the Assembly.
5. Law-making Functions. – Sometimes the Assembly performed the functions of a Legislative Assembly also, though it could not attain any remarkable success in this field. In the year 1923 the draft for mutual assistance, in the year 1924 the Geneva Protocol, and in the year 1928 the general law for the peaceful settlement of disputes were prepared and formulated by the Assembly. Besides these legislative functions, the Assembly used to perform the semi-judicial functions also. For example, it declared Japan, Italy and Russia as aggressors for the Manchurian attack, Ethiopian invasion and attack of Finland.
In fact, its (Assembly’s) powers of action were very meagre, for it could only deliberate, consider and recommend. It was rather a body for negotiation and compromise than a body with legislative authority binding on the member States. It was a kind of an international forum intended to frame the basic policies of the League, to supervise the League organs, to promote international legislation and the pacific settlement of international disputes and to provide for a bold hearing of “world conscience” on the “State of the World”.
Q. 9. Write a short essay on the Council of League of Nations.
Ans. Council of League of Nations- Council occupied second place in the Covenant of the League of Nations, but it did not imply at all that from the view point of importance it was second. In fact, it enjoyed first place in this context. It was small organ of the League of Nations, though it was quite distinct from the Assembly. The size of the Assembly was quite big and every country was its member. The size of the Council was very small and the number of its members was not definite. The number of its members was fluctuating. According to the provision of the Covenant, there were two types of its members. First type was of permanent members which were five in number. Originally, it was decided that Britain, France, Italy, Japan and the USA were to be permanent members, but as the USA remained out of the League, only four powers became permanent members. Thus, big powers were given permanent membership. The second type of its membership was known as temporary membership. The temporary membership of the League was to be accorded to small powers. Brazil, Belgium, Greece and Spain were the four temporary members. Thus, the total number of the members of the Council was nine, in which the permanent members were in majority. But as USA did not joint it, number of permanent and temporary members of the Council was equal that is, four each. In the year 1922 two non- permanent members were added, and in 1926 a permanent seat was given to Germany thus increasing the permanent members to five. In 1922, two temporary members were elected and the number of temporary members went up to 10. The number of the temporary members kept on increasing and reached upto 25. In this way, the permanent members never remained in majority. In the year 1939, the only three permanent members and 22 temporary members remained in the Council.
For increasing the number of members of the Council of the League of Nations, decisions only by majority was required. As said above, there were two categories of its members, viz., permanent and temporary, but this categorisation too could not remain stable. In fact, there were three kinds of members in the Council-one, permanent in which England, France, Italy, Germany, Russia were included; second, quasi permanent which comprised such members which could be re-elected immediately after the expiry of their membership, for example. Poland and Spain; and third temporary members, comprising such members who could not be re- elected. Besides, the following tradition was established regarding the temporary membership. Three out of the total number of temporary memberships used to be given to Latin America. The short alliance used to get one seat. Northern States were allotted one seat. British Colonies (Not India) were given one seat. One seat used to be allotted to Asia. Regarding the re-election, the Assembly was authorised to formulate rules.
The Council met at least once a year and also from time-to-time as occasion required. It held its sittings at the seat of the League or at such place as had been decided upon. Every member of the Council could have only one representative and only one vote. A member of the League not represented on the Council could be invited to any meeting of the Council during the consideration of the matter specially affecting the interest of that member. After the year 1929, its sessions started to be held thrice in a year-in January, May and September. If required, its special meetings could also be prorogued. Its presiding officer was used to be elected according to the French alphabets. Each State had the right to send one representative. Each State enjoyed only one vote. Like Assembly, in the Council too the system of unanimity had been adopted. It meant that all the members of the Council had the right to veto. Votes of only members present were used to be counted. Votes of absent States and those who had boycotted the League of Nations were not counted. For matters of working procedure only majority was essential. For some subjects two-thirds majority was compulsory. Any State which was not its member could bring any dispute before it. Under such circumstances that State could be invited to participate in the discussion but that State did not have the right to vote. If any member State brought any dispute before the Council, that too did not enjoy the right to cast her vote.
Like the Assembly, the League Council could deal with any matter coming within the sphere of the League of Nations or any matter concerned with the peace of the world. In fact, like the Assembly the functions of the League Council were very wide and comprehensive. The scope of the functions of the League Council could be widened by treaty arrangements. Here again the decisions had to be unanimous. The Council had diverse functions, having some executive, deliberative and supervisory jurisdiction. It could deal with any matter within the League jurisdiction ranging from enquiry, peaceful settlement of disputes, disarmament, advice concerning act of aggression or threats to independence and recommendations of sanctions to preserve or restore peace and security. It was to direct the work of the Secretariat, arrange for international conferences, receive reports from the subsidiary organs of the League, determine which reports would be submitted to the Assembly, supervise the observance of the Mandates, the Minorities Treaties and other agreements, perform the executive, administrative and supervisory functions in regard to Danzig and Saar, carry out the recommendations of the Assembly, nominate the Secretary-General, approve his appointment to subordinate positions in the Secretariat and expel a League member for violating the Covenant. In short, it was primarily responsible for safeguarding the peace of the world, working as an executive, administrative, supervisory, mandatory, conciliatory and recommendatory agency.
Although in the beginning the Council appeared to be the dominant and very significant organ of the League, but by its actual work and performance it neither brought any glory to itself nor any credit to the League of which it was the central part. Actually the Council was only a sort of diplomatic conference intended to thrash out international issues and attempting to devise solutions within the frame-work of League principles and the principles of the foreign policies of the governments represented therein. Eventually the former were sacrificed to the latter.
Q. 10. Explain the organisation and importance of the Secretariat of League of Nations.
Ans. Organisation and importance of Secretariat of League of Nations- The Secretariat was highly useful and the least controversial organ in comparison to other organs provided by the League of Nations. It was the administrative organs of the League of Nations. It was a permanent international civil service established at Geneva under the direction of a Secretary-General. It was to consist of such secretaries and staff as may be required. During the war the idea of an international secretariat had gained great force by reason of the group of officials attached to the various inter-allied committees. But even the Secretariat of the Supreme Council or the Versailles War Secretariat was nothing more than a conglomeration of national secretariat. It was the gradual realisation that to do the work of the world of the 20th century the traditional processes of diplomacy were not enough that it to the establishment of an international civil service attached to the world institutions. The Secretary-General was appointed by the Council with the approval of the Assembly. The Secretary and other staff of the Secretariat was appointed by the Secretary- General with the approval of the Council. The expenses for the maintenance of the Secretariat were contributed by the member States in proportion decided by the Assembly. Unlike the Assembly and the Council, which held periodical meetings the Secretariat worked throughout the year, while on duty the officials of the League were entitled to diplomatic privileges and immunities. The members of the League were in no way responsible to their respective governments.
The Secretariat of the League of Nations comprised of 600 officers and subordinate officials. It was headed by the Secretary-General who was appointed by the unanimous decision of the Council. The Secretariat was not blue-printed from the start but was slowly recruited as administrative needs arose. By and large, therefore, the League Secretariat contained able and devoted personnel, appointed on the basis of professional competence and with due regard for the fair distribution of posts among all States. It was the good fortune of the League and of its Secretariat that the first Secretary-General was Sir Eric Drummond. It was he who had drafted the famous memorandum of Lord Balfour according to which the Secretariat was to be an international body and not a mere collection of national groups. Thus the theory was successfully built up that the members of this international body were to submerge their nationality in loyalty to the League itself, that they did not merely represent their countries in the League Secretariat as the delegates do in the Council and Assembly, but that they were endowed with a new Status as League officials and were, for that reason removed from national control and placed in an independent position subordinate only to the Secretary-General and through him to the Council which appointed them and the Assembly which paid them. This was a concept new at least in the scale and importance in which it was attempted, for, a member of the Secretariat now was to do the world’s work, not just his country’s work. This was a new concept, concept of a new loyalty to the international community. From 1932, a member of the Secretariat had make a declaration of loyalty to the League, though its value remained limited. Drummond of England, Avenol of France and Lester of Ireland were the 3 succeeding Secretary-Generals.
There were two Deputy Secretary-General and two Sub-Co-Secretary- General to help the Secretary-General. The Secretariat was divided into eleven departments. Each department was headed by a Director. The Secretariat had following departments-one, political department; two, legal department; three, defence department; four, disarmament department; five, health department, six, economic department and seven, information department. Deputy Secretary General and Sub-Co-Secretary-General were elected from big States. There were about 750 staff members under the Secretary-General. The staff was not appointed through any competitive examination. The basis of their appointment was political qualification. India had no representation in the League of Nations. The employees of the League of Nations did not remain the citizens of any specific State. They used to perform the work for the world, not for their own country. After 1932 the employees of the League of Nations were required to furnish declaration of their loyalty to the League.
According to Prof. Haris, Secretariat was a special and unique organ of the League of Nations. The organisation of the Secretariat was just like that of State Governments. This type of organ was totally a novelty in the international field. Theoretically, it was subordinate organ, because it was required to obey the orders of the Assembly and Council, but in reality it was a powerful, influential and useful organ.
Secretary-General was the Secretary of the Assembly and Council both. He used to prepare the agenda of the Assembly and Council both. He could present any matter or subject before the Council and Assembly. He classified all those treaties which were made among the various members of the League of Nations. Till the year 1941, 4733 treaties had been registered in the Secretariat of the League of Council. All the functions of the League of Nations were to be performed by itself.
As regards the functions of the Secretariat, they included many of those which were performed by the national civil service with others peculiar to the League. It collected and analysed information on various matters that fell within the League jurisdiction. It formulated the data and in so doing initiated or pushed through policies. The chief functions of the Secretariat were as follows:
1. Co-ordinating the widespread activities of the League carried on by its various organs;
2. Providing a source of continuity and follow-up for League work;
3. Keeping the records of the League’s agencies;
4. Furnishing information and analysis to organs and delegates;
5. Registration of treaties and international engagements entered into by the members of the League;
6. Arrangement of the meetings and the like; and
7. Indirectly influencing in a limited manner the settlement of disputes and formulation of League policy.
It is essential to mention here, that in emergencies, it exercised a great power because it was the only organ of the League always in being. The most vital role played by it was in regard to the publicity to the League activities accorded by it. The Information Department of the Secretariat followed the proceedings of the League organs and issued summaries and reports at frequent intervals. It supplied a lot of informative literature to the world in different languages. It maintained offices at the capitals of five Great Powers and a Bureau of Liaison in South America. Its work, on the whole, was satisfactory even though the frequent changes in personnel made the continuity of tradition rather difficult. Throughout the existence of the League, the Secretariat was universally regarded as an instrument of the highest efficiency even though in it one felt a certain reluctance to exercise leadership.