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Note to I, 1-Continued

The president of the conference, with the approval of the General Commission, replied that he was "unable to accept" the reasons given for the "grave decision" of the German Government. The program then under study provided for the realization of equality of rights which Germany demanded.

On October 19 the German Government gave notice of its intention to withdraw from the League-a notice which became effective October 21, 1935. Immediately upon the giving of that notice Germany absented itself from League of Nations activities, progressively took a hostile attitude toward that institution, and finally openly exerted its influence to block League undertakings.

Italy

The Fascist Government of Italy had cooperated to a limited extent at Geneva for some years before the members of the Council of the League on October 7, 1935 found that the Italian Government had violated article 12 of the Covenant by invading Ethiopia. This finding eventually brought sanctions into operation under article 16, paragraph 1. The application of the sanctions which were employed did not prevent Italy from occupying Ethiopia and replacing the Ethiopian Government with a regime of its own. The sanctions were lifted on July 15, 1936. On December 11, 1937 the Italian Minister for Foreign Affairs telegraphed to the Secretary-General that "in consequence of the decisions of the Grand Council of Fascism I hereby inform you that Italy withdraws from the League of Nations on December 11, 1937/XVI". Italy thereafter fulfilled its formal obligations, such as the payment of budgetary contributions, but without any participation in the activities of the League up to the date of the maturity of its notice of withdrawal on December 10, 1939.

ARTICLE 2.

The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.

ARTICLE 3.

1. The Assembly shall consist of Representatives of the Members of the League.

2. The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided upon.

3. The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

4. At meetings of the Assembly each Member of the League shall have one vote, and may have not more than three Representatives.

ARTICLE 4.

1. The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be members of the Council.

2. With the approval of the majority of the Assembly, the Council may name additional Members of the League whose Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council. Note to I, 4 (1, 2)

Germany was named as a permanent member of the Council on September 4, 1926, with approval by the Assembly on September 8. The Union of Soviet Socialist Republics was so named by the Council on September 15, 1934, with approval by the Assembly on September

18.

The number of members of the Council selected by the Assembly was increased, by application of the second clause of this paragraph, from 4 to 6 on September 25, 1922, from 6 to 9 on September 8, 1926, from 9 to 10 on October 9, 1933, and from 10 to 11 on October E, 1936. The decisions of 1933 and 1936 were provisional.

The protocol opened for signature on September 30, 1938, when ratified, would revise paragraphs 1 and 2 of article 4 to read as follows:

"1. The Council shall consist of Members of the League of Nations entitled to a permanent seat on the Council, and of other Members entitled to a temporary seat thereon. The latter shall be selected by the Assembly from time to time in its discretion.

"2. In addition to the Members of the League that have a permanent seat, the Council may, with the approval of the majority of the Assembly, name additional Members of the League, whose Repre

Note to I, 4 (1, 2)—Continued

sentatives shall always be Members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.”

The Council held 107 sessions between January 16, 1920 and December 14, 1939. At the 21st ordinary session of the Assembly, Geneva, April 8-18, 1946, which decided the cessation of the League, the following resolution was adopted:

"The Assembly, with the concurrence of all the members of the Council which are represented at the present session,

"decides that, so far as required, it will, during the present session, assume the functions falling within the competence of the Council."

2 bis. The Assembly shall fix by a two-thirds majority the rules dealing with the election of the non-permanent Members of the Council, and particularly such regulations as relate to their term of office and the conditions of re-eligibility.

Note to I, 4 (2 bis)

The foregoing paragraph came into force on July 29, 1926 in accordance with the provisions of article 26.

3. The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon.

4. The Council may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.

5. Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interest of that Member of the League.

6. At meetings of the Council, each Member of the League represented on the Council shall have one vote, and may have not more than one Representative.

ARTICLE 5.

1. Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting.

Note to I, 5 (1)

The protocol opened for signature on September 30, 1938, when ratified, would revise paragraph 1 to read as follows:

"Except where otherwise expressly provided in this Covenant, or by agreements conferring certain powers on the League of Nations, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting."

2. All matters of procedure at meetings of the Assembly or of the Council, including the appointment of Committees to investigate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a majority of the Members of the League represented at the meeting.

3. The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

ARTICLE 6.

1. The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary General and such secretaries and staff as may be required.

2. The first Secretary General shall be the person named in the Annex; thereafter the Secretary General shall be appointed by the Council with the approval of the majority of the Assembly.

3. The secretaries and staff of the Secretariat shall be appointed by the Secretary General with the approval of the Council.

4. The Secretary General shall act in that capacity at all meetings of the Assembly and of the Council.

[The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universal Postal Union.]

5. The expenses of the League shall be borne by the Members of the League in the proportion decided by the Assembly.

Note to I, 6 (5)

The foregoing paragraph superseded the original provision and came into force August 13, 1924 in accordance with the provisions of article 26.

Two amendments adopted by the Assembly and opened for signature on October 5, 1921 were in effect withdrawn as a result of a

Note to I, 6 (5)—Continued

resolution of the Assembly of September 30, 1922. They provided for the addition of the following paragraph to article 6 and the insertion of an annex to the Covenant in the subjoined language:

"The allocation of the expenses of the League set out in Annex 3 shall be applied as from January 1st, 1922, until a revised allocation has come into force after adoption by the Assembly."

"III: ALLOCATION OF THE EXPENSES OF THE LEAGUE

"States [and] Units Payable

"Albania 2, Argentina 35, Australia 15, Austria 2, Belgium 15, Bolivia 5, Brazil 35, British Empire 90, Bulgaria 10, Canada 35, Chile 15, China 65, Colombia 10, Costa Rica 2, Cuba 10, Czecho-Slovakia 35, Denmark 10, Esthonia 5, Finland 5, France 90, Greece 10, Guatemala 2, Haiti 5, Honduras 2, India 65, Italy 65, Japan 65, Latvia 5, Liberia 2, Lithuania 5, Luxembourg 2, Netherlands 15, New Zealand 10, Nicaragua 2, Norway 10, Panama 2, Paraguay 2, Peru 10, Persia 10, Poland 15, Portugal 10, Salvador 2, Roumania 35, Serb-CroatSlovene State 35, Siam 10, South Africa 15, Spain 35, Sweden 15, Switzerland 10, Uruguay 10, Venezuela 5."

ARTICLE 7.

1. The Seat of the League is established at Geneva.

2. The Council may at any time decide that the Seat of the League shall be established elsewhere.

3. All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women.

4. Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and immunities.

5. The buildings and other property occupied by the League or its officials or by Representatives attending its meetings shall be inviolable.

ARTICLE 8.

1. The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations.

2. The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments.

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