The League of Nations: History and Structure

 

Establishment of the League of Nations

The devastating consequences of the First World War compelled states to strive for the establishment of an international institution based on respect for the law and capable of maintaining peace and security in the world. Often, the League of Nations is called the "Child of War." To some extent, this is appropriate to say, but it should also be remembered that the nature of the League's Covenant was influenced to some extent by movements that had already begun before the First World War. Such movements started with the Concert of Europe. The Concert of Europe itself was the result of the long-term and continuous development of international institutions in the past. The makers of the League's Covenant observed the Concert as a model for the League Council.

The second movement appeared in the form of the Hague Conferences of 1899 and 1907. The creators of the League considered these Hague Conferences as a model for the Assembly of the League. They believed that legislative functions could be developed through the Assembly of the League. The third movement appeared in the form of administrative and technical unions. The Universal Postal Union is a good example of this. This movement significantly influenced the nature of the League.

These ideas regarding the establishment of the League of Nations took concrete and real form in the Treaty of Versailles, 1919. By the end of the First World War, the political leaders of the world had a clear understanding of the idea of establishing the League. At the very least, they were unanimous in the view that an international organization should be established to save the people of the world from the horrors of war and its devastating effects in the future. In January 1918, British Prime Minister Lloyd George, in one of his important speeches, said—"An international organization should be established to limit the burden of arms and reduce the possibilities of war."

By the end of 1918, Lord Robert Cecil prepared a draft that became known as the Cecil Draft. In December 1918, General Smuts presented his views for the establishment of the League. In his proposal, he provided for a General Conference, a Council, and an Arbitration Court. Subsequently, the American President presented the second and third drafts. The British Government also presented a draft. Finally, the proposals of America and Britain were placed in a joint draft known as the Hurst-Miller Draft. This joint draft was presented before the League Commission of the Peace Conference. On 28 April 1919, the Peace Conference accepted the Covenant finalized by the Commission. It is noteworthy that this Covenant was made an integral part of the Treaty of Versailles. Thus, on 10 January 1920, the League of Nations was established.

Objectives of the League of Nations

The League of Nations had the following two main objectives:

1. To maintain international cooperation, peace, and security, and
2. To encourage international cooperation.

Main Organs of the League of Nations

1. The Assembly - All members of the League were represented in the Assembly. Each member had the right to send three representatives, but each member could cast only one vote. A defect in the Covenant was the lack of a clear division of functions between the Assembly and the Council. However, some functions were performed exclusively by the Assembly. For example, the Assembly admitted new states as members by a two-thirds majority, nominated temporary members of the Council, and approved the appointment of the Secretary-General.
2. The Council - The members of the Council were the Principal Allied and Associated Powers, i.e., the United States, Britain, France, Italy, and Japan. In addition, four members were elected by the League Assembly. Unfortunately, the United States never became a member of the League. This proved to be fatal for the League’s future. A small country was chosen to fill the place of the United States. There was no clear division of functions between the Assembly and the Council. The Council worked jointly with the Assembly on many matters. However, some tasks were performed exclusively by the Council. These included nominating additional permanent members, planning disarmament, advising members on protection from external aggression, and maintaining territorial sovereignty.
3. The Secretariat - There was neither an international Secretariat nor the concept of international civil service in the international system, yet credit goes to the League for establishing a true international civil service. This was an experiment by the League that the United Nations developed and perfected. The Secretariat had about 600 officials and subordinate staff. Its head was the Secretary-General, appointed by unanimous decision of the Council.

Withdrawal of Membership

Under the Covenant of the League of Nations, a member could withdraw its membership in the following two circumstances:

1. Any member could terminate its membership of the League by giving two years' notice. That is, if a member wished to withdraw, it had to give a two-year notice, and upon completion of the period, its membership would end.
2. If any amendment was made to the Covenant which a member did not agree to or opposed, that member could withdraw its membership. The main reason for this provision was that the Covenant was essentially a multilateral international treaty made by sovereign states, and no amendment could bind them without their consent.

As a result of the above provisions, many members withdrew their membership from the League over time. Initially, the League had 62 members, which later decreased to 32.

Functions of the League of Nations

1. To reduce national armaments to the lowest level consistent with national security (Article 8).
2. To protect the territorial integrity and political independence of League members against external aggression (Article 10).
3. To resolve international disputes peacefully (Articles 12 and 16).
4. To bring about peaceful changes in international relations (Article 19).
5. The ultimate and most important function was to maintain international peace and security.

Weaknesses and Defects of the League of Nations

1. The League’s Covenant did not completely prohibit war. Under certain circumstances, states were allowed to wage war. According to the Covenant, members were first required to resolve international issues through arbitration or investigation by the Council. However, if not resolved, they could wage war after three months. Legal scholars consider this a major constitutional flaw of the Covenant.
2. The Council could make decisions only by unanimity. Due to the division of nations into groups, unanimity was often not possible. Thus, the principle of unanimity, which was introduced to enhance the League’s effectiveness, actually proved fatal and obstructed the Council’s functioning.
3. If any amendment to the Covenant was not acceptable to a member or was opposed by it, that member could withdraw from the League.
4. Although American President Wilson contributed significantly to the establishment of the League, unfortunately, the United States never became a member. The reason was that the League’s Covenant was an international treaty and, under the U.S. Constitution, the U.S. could only become a member if the Senate ratified it. The Senate did not do so; hence, the U.S. could not join.
5. The League Council lacked the ability to resolve international disputes peacefully.
6. In addition to the above provisions, any member could withdraw from the League by giving two years’ notice.