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III
THE NECESSARY POWERS OF THE LEAGUE

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If this phrase, "the League of Free Nations," is to signify anything more than a rhetorical flourish, then certain consequences follow that have to be faced now. No man can join a partnership and remain an absolutely free man. You cannot bind yourself to do this and not to do that and to consult and act with your associates in certain eventualities without a loss of your sovereign freedom. People in this country and in France do not seem to be sitting up manfully to these necessary propositions.

If this League of Free Nations is really to be an effectual thing for the preservation of the peace of the world it must possess power and exercise power, powers must be delegated to it. Otherwise it will only help, with all other half-hearted good resolutions, to pave the road of mankind to hell. Nothing in all the world so strengthens evil as the half-hearted attempts of good to make good.

It scarcely needs repeating here – it has been so generally said – that no League of Free Nations can hope to keep the peace unless every member of it is indeed a free member, represented by duly elected persons. Nobody, of course, asks to "dictate the internal government" of any country to that country. If Germans, for instance, like to wallow in absolutism after the war they can do so. But if they or any other peoples wish to take part in a permanent League of Free Nations it is only reasonable to insist that so far as their representatives on the council go they must be duly elected under conditions that are by the standards of the general league satisfactorily democratic. That seems to be only the common sense of the matter. Every court is a potential conspiracy against freedom, and the League cannot tolerate merely court appointments. If courts are to exist anywhere in the new world of the future, they will be wise to stand aloof from international meddling. Of course if a people, after due provision for electoral representation, choose to elect dynastic candidates, that is an altogether different matter.

And now let us consider what are the powers that must be delegated to this proposed council of a League of Free Nations, if that is really effectually to prevent war and to organize and establish and make peace permanent in the world.

Firstly, then, it must be able to adjudicate upon all international disputes whatever. Its first function must clearly be that. Before a war can break out there must be the possibility of a world decision upon its rights and wrongs. The League, therefore, will have as its primary function to maintain a Supreme Court, whose decisions will be final, before which every sovereign power may appear as plaintiff against any other sovereign power or group of powers. The plea, I take it, will always be in the form that the defendant power or powers is engaged in proceedings "calculated to lead to a breach of the peace," and calling upon the League for an injunction against such proceedings. I suppose the proceedings that can be brought into court in this way fall under such headings as these that follow; restraint of trade by injurious tariffs or suchlike differentiations or by interference with through traffic, improper treatment of the subjects or their property (here I put a query) of the plaintiff nation in the defendant state, aggressive military or naval preparation, disorder spreading over the frontier, trespass (as, for instance, by airships), propaganda of disorder, espionage, permitting the organization of injurious activities, such as raids or piracy. Clearly all such actions must come within the purview of any world-supreme court organized to prevent war. But in addition there is a more doubtful and delicate class of case, arising out of the discontent of patches of one race or religion in the dominions of another. How far may the supreme court of the world attend to grievances between subject and sovereign?

Such cases are highly probable, and no large, vague propositions about the "self-determination" of peoples can meet all the cases. In Macedonia, for instance, there is a jumble of Albanian, Serbian, Bulgarian, Greek and Rumanian villages always jostling one another and maintaining an intense irritation between the kindred nations close at hand. And quite a large number of areas and cities in the world, it has to be remembered, are not homogeneous at all. Will the great nations of the world have the self-abnegation to permit a scattered subject population to appeal against the treatment of its ruling power to the Supreme Court? This is a much more serious interference with sovereignty than intervention in an external quarrel. Could a Greek village in Bulgarian Macedonia plead in the Supreme Court? Could the Armenians in Constantinople, or the Jews in Roumania, or the Poles in West Prussia, or the negroes in Georgia, or the Indians in the Transvaal make such an appeal? Could any Indian population in India appeal? Personally I should like to see the power of the Supreme Court extend as far as this. I do not see how we can possibly prevent a kindred nation pleading for the scattered people of its own race and culture, or any nation presenting a case on behalf of some otherwise unrepresented people – the United States, for example, presenting a case on behalf of the Armenians. But I doubt if many people have made up their minds yet to see the powers of the Supreme Court of the League of Nations go so far as this. I doubt if, to begin with, it will be possible to provide for these cases. I would like to see it done, but I doubt if the majority of the sovereign peoples concerned will reconcile their national pride with the idea, at least so far as their own subject populations go.

Here, you see, I do no more than ask a question. It is a difficult one, and it has to be answered before we can clear the way to the League of Free Nations.

But the Supreme Court, whether it is to have the wider or the narrower scope here suggested, would be merely the central function of the League of Free Nations. Behind the decisions of the Supreme Court must lie power. And here come fresh difficulties for patriotic digestions. The armies and navies of the world must be at the disposal of the League of Free Nations, and that opens up a new large area of delegated authority. The first impulse of any power disposed to challenge the decisions of the Supreme Court will be, of course, to arm; and it is difficult to imagine how the League of Free Nations can exercise any practical authority unless it has power to restrain such armament. The League of Free Nations must, in fact, if it is to be a working reality, have power to define and limit the military and naval and aerial equipment of every country in the world. This means something more than a restriction of state forces. It must have power and freedom to investigate the military and naval and aerial establishments of all its constituent powers. It must also have effective control over every armament industry. And armament industries are not always easy to define. Are aeroplanes, for example, armament? Its powers, I suggest, must extend even to a restraint upon the belligerent propaganda which is the natural advertisement campaign of every armament industry. It must have the right, for example, to raise the question of the proprietorship of newspapers by armament interests. Disarmament is, in fact, a necessary factor of any League of Free Nations, and you cannot have disarmament unless you are prepared to see the powers of the council of the League extend thus far. The very existence of the League presupposes that it and it alone is to have and to exercise military force. Any other belligerency or preparation or incitement to belligerency becomes rebellion, and any other arming a threat of rebellion, in a world League of Free Nations.

In the Fourth Year: Anticipations of a World Peace

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