The League of Nations Covenant—1939 Model

Abstract

Any constitutional instrument is subject to strains and stresses by reason of demonstrated inadequacy or omission at some times, and of failure to reflect the current state of mind of its constituents at others. The Covenant of the League of Nations, which is by way of a constitutional instrument in the hitherto unoccupied field between independent states, has had reputations as diverse as that of a straight-jacket and an empty sack. In the end, most of the waves of sentiment arrive at the customary human dilemma, that the trouble is not so much with the mechanism as with its human operators.The League of Nations has had a hectic existence for an institution just emerging from its teens. Its first ten years were a series of easy successes, but the eight years just past have confronted it with problems too tough for the morale of its members; or problems have been kept away from it because, if it cut at all, it would likely come too close to the quick.After this period of confusion, the members of the League, at the 19th session of the Assembly, took a series of actions to make the Covenant more useful to them. Resolutions of September 30, 1938, dealt with the question of the so-called separation of the Covenant from the peace treaties by approving amendments in the Preamble and Annex and Articles 1, 4, and 5 of the Covenant; and by interpretation with the procedure under Article 11, par. 1; the obligations under Article 16; and collaboration of the League and non-member states. Whether or not these decisions make any actual change from recent practice, the meaning of the Covenant is the clearer because of them, and its application will be more certain when the occasion arises.