· worldcourts.com > p.c.i.j. > documents > draft versions of the articles 14 & 15 of the covenant of the league of nations
 · research · about · contact · help · webstats · links to us · search · add to favorites ·
 · home · timeline · structure · procedure · jurisdiction · decisions · statistics · documents · bibliography ·
 

JUSTICE UPDATED

 

Versions of the Drafts of the Articles 14 & 15 of the Covenant of the League of Nations

 

Hurst-Miller Draft

February 6th version

February 14th version


Article 11

The High Contracting Parties agree that whenever any dispute or difficulty shall arise between them which they recognize to be suitable for submission to arbitration, and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration, and will carry out in full good faith any award or decision that may be rendered.

 >>>

Article 11

the following was added to the text of the Hurst-Miller Draft reproduced to the left:

For this purpose the court of arbitration to which the case is referred shall be the court on by the parties, or stipulated in any Convention existing between them.

>>>

Article 13

The High Contracting Parties agree that whenever any dispute or difficulty shall arise between them which they recognize to be suitable for submission to arbitration and which cannot be satisfactory settled by diplomacy, they will submit the whole subject matter to arbitration. For this purpose the Court of arbitration to which the case is referred shall be the Court agreed on by the parties or stipulated in any Convention existing between them. The High Contracting Parties agree that they will carry out in full good faith any award that may be rendered. In the even of any failure to carry out the award, the Executive Council shall propose what steps can best be taken to give effect thereto.

 

Article 12

The Executive Council will formulate plans for the establishment of a Permanent Court of International Justice, and this Court will be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration under the foregoing article.

 >>>

Article 12

The Executive Council shall formulate plans for the establishment of a Permanent Court of International Justice, and this Court shall when established be competent to hear and determine any matter which the parties recognize for submission to it for arbitration under the foregoing article.
 

>>>

 Article 14

The Executive Council shall formulate plans for the establishment of a Permanent Court of International Justice and this Court shall, when established, be competent to hear and determine any matter which the parties recognize as suitable for submission to it for arbitration under the foregoing Article.



March 18th version

April 5th version (presented on April 28th)


Article 14

the following was added to the text of the February 14 version:

"and also any issue referred to it by the Executive Council or Body of Delegates"

Article 13

The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration and which cannot be satisfactory settled by diplomacy, they will submit the whole subject-matter to arbitration.
Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made by any such breach, are declared to be among those which are generally suitable for submission to arbitration.
The Members of the League agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the even of any failure to carry out such an award, the Council shall propose what steps should be taken to give effect thereto.

Article 14
The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any disputes or question referred to it by the Council or by the Assembly.



Changes from Feb14 version to Apr05 version:
  1. compulsory jurisdiction changed to voluntary;
  2. advisory jurisdiction introduced;
  3. word 'arbitration' dissappeared