Legal > Amendment of the Covenant of the League of Nations in order to bring it into harmony with the pact of Paris > No. 2

j/ ,
[Distributed to the Members of
the League, the Assembly and Omtial No. ; A. 11 (a). 1931. V.
the Council.]
Geneva, July 18th, 1931.
LEAGUE OF NATIONS
AMENDMENT OF THE COVENANT OF THE
LEAGUE OF NATIONS IN ORDER TO BRING IT INTO HARMONY
WITH THE PACT OF PARIS.
OBSERVATIONS SUBMITTED BY GOVERNMENTS.
Series No. 2.
Estonia
Japan
Page Page
1 Latvia 2
2 Norway 2
Estonia.
Letter of June 29th, 1931.
[ Translation.]
The Estonian Government has carefully considered the proposals made by the
Committee of Eleven and the Sub-Committee set up by the First Committee of the Eleventh
Assembly, and has reached the conclusion that in certain respects the Sub-Committee’s
proposals are more satisfactory than those made by the Committee of Eleven. This applies
particularly to Article 12, paragraphs 1 and 2 ; Article 13, paragraph 4 ; Article 15, paragraph
7, and Article 16, paragraph 1, first sentence. As regards these articles the Estonian
Government is inclined to prefer the wording adopted by the Sub-Committee, on the
understanding that Article 16 as amended includes all the cases provided for in Articles 13
and 15 and does not in any way lessen the effect of the sanctions.
While, as stated above, it is in favour of the amendment of Article 12 in the form
proposed by the Sub-Committee, the Estonian Government nevertheless considers it
desirable that attention should be given to the question whether the term “ any dispute
likely to lead to a rupture ”, is not more restricted in scope than Article 2 of the Pact of
Paris. In the Estonian Government’s opinion, it should be stated that the disputes in question
are those which it has not been possible to settle through the ordinary diplomatic channel.
Such an interpretation would be in accordance both with the resolution adopted by the
Eleventh Assembly and with the antecedents of Article 12, since in the preliminary draft
(of February 14th, 1919) the phrase, “ disputes which cannot be adjusted by the ordinary
process of diplomacy ”, was used instead of the present text. The Estonian Government
accordingly considers that, with a view to bringing the League Covenant into harmony
with the Pact of Paris, the possibility of embodying in Article 12 the text of Article 2 of the
Pact of Paris should be considered. The following text (which does not claim to be complete)
is therefore suggested for Article 12 :
“ All the Members of the League agree that they will in no case have recourse to
war for the settlement of disputes or conflicts of whatever nature or of whatever origin
which may arise among them, and will only employ peaceful means for this purpose.”
S. d. N. - 1.625’(F.) 1.395 (A.) 7-31. - Imp. de la Tribune de Geneve.
Series of League of Nations Publications
V. LEGAL
1931. V. 5.