The Court of International Justice.—The covenant also makes provision for a permanent world court, composed of judges selected by the Assembly from among eminent jurists nominated by the different member-countries. At the second Assembly session, held during 1921, the eleven regular judges and four alternate or deputy judges were chosen. Controversies come before this court whenever nations agree to submit their disputes to it for decision.
Outstanding Features of League Organization.—In comparing the general organization of League government with the American federal system some striking contrasts appear. |Equality of all nations in the League Assembly.| First of all, it is significant that in the Council and in the Assembly each nation has one vote only. Each nation may send to the Assembly one, two, or three representatives; but whether it sends one or three its voting power is the same. In the American Senate all the states have the same voting power, but in the House of Representatives the states with larger populations have proportionate voting strength. Equality of voting power is natural in a political union that is just starting. The nations of the world, being accustomed to sovereignty and legal equality were not willing to recognize gradations of rank. The same feeling was manifested among the American colonies when, under the Articles of Confederation, it was provided that every state, small or large, while it might send from two to seven delegates to the Congress, should have the same voting power as any other. There was a long fight over this question in the Constitutional Convention of 1787, the smaller states demanding equal power with the larger, the larger asking that representation should be based upon population. The matter was settled by giving the smaller states equal representation in the Senate, and conceding to the larger states the right to dominate the House. But the framers of the League Covenant could not accept a compromise of this sort; for if representation according to population were made the rule in either the Council or the Assembly, India and China would have far more delegates than the United States, England, and France put together. So all were given equal representation in the Assembly, while representation in the Council was confined to nine nations only.
Other marked contrasts should be noted. In the House of Representatives and in the Senate of the United States measures are passed by a majority vote; |The requirement of unanimity.|in the Assembly and Council of the League, unless otherwise specified, a unanimous vote is necessary for action. This is a mark of the distrust with which the nations regard one another. The provision for unanimity means that nothing can be carried through the Assembly if a single nation disapproves, for a solitary vote can block action. The same is true of the Council as respects each nation represented in it. This, of course, establishes a very cumbersome and slow-working scheme of government. Decisions of the Council or the Assembly, moreover, have no absolute binding force, as have the enactments of Congress. There is no centralized executive authority, with power to see that decisions are obeyed—no executive authority in the national sense. The League has no army to enforce its will. Even the International Court of Justice has no jurisdiction save when the suitors, of their own accord, come to it. It lacks the coercive power of a Supreme Court.
Provisions for the Prevention of Wars.—The prime purpose in establishing the League of Nations was a desire to lessen the danger of wars. To that end the covenant contains several provisions of high importance which may be briefly summarized.
1. Armaments.
First, there is a provision for the reduction of armaments. The Council is directed to have a study made by experts and to report upon the amount of armed strength needed by each nation. The various governments, however, are not bound to accept the Council’s recommendations. In any case, all members of the League agree to keep one another informed as to the extent of their respective armament programs. This represents, of course, a very modest step in the direction of actual international disarmament.
2. Territorial integrity.
Second, the members of the League agree to protect one another against any seizure of their territories or any destruction of their independence by outside attacks. This is the famous Article X. Whenever such attack occurs, the Council is to advise as to how the pledge of integrity can be fulfilled.
3. Conciliation.
Third, if a dispute which cannot be settled by diplomatic negotiations arises between members of the League, the members agree to refer it to arbitration if it is suitable for such disposition; or, if not, then to the Council of the League for inquiry. The members of the League agree to refrain from hostilities until three months after the Council has rendered its decision.