763.72119/5234½

Tentative Draft of an Agreement for an Association of Nations 3

1. The Association of Nations shall be composed of the signatory Powers, subject to the provisions hereinafter contained.

[The rule of majorities is so prominent in this plan that it must be considered whether small nations shall have an equal voice.]

[Page 506]

2. The Representatives of the Powers in the Association of Nations shall be their Ambassadors or Ministers at the seat of Government of x and the Minister for Foreign Affairs of the Government of x , who shall be the Presiding Officer at the meetings of the Representatives of the Powers.

[Suppose the x Govt was the offender then where would the representatives meet?]

3. The Representatives of the Powers shall by majority vote fix their rules of procedure. Unless otherwise voted, their meetings shall take place at the seat of government of x . The Representatives of the Powers by a similar vote shall also fix the time of their meetings, but a regular meeting shall be held at least once in each calendar year.

4. A meeting of the Representatives of the Powers shall be held upon request of any member Power.

5. The territorial integrity and political independence of each member Power are guaranteed by the other member Powers, severally and mutually.

[Does this statement offer sufficient elasticity for natural growth?]

6. The member Powers recognize the principle that national armaments should be limited to the requirements of international and domestic security, and the Representatives of the Powers shall consider provisions for carrying into effect this principle.

[Does this declaration get us anywhere? Who is to determine the requirements?]

7. Any dispute between or among the member Powers which is not adjusted by agreement,* shall be submitted to the Representatives of the Powers, who shall by majority vote appoint from among their number a Council, which shall include among its members the Representatives of those Powers concerned, and which shall inquire into and make report upon the facts and circumstances of the dispute and a method of adjustment thereof. The report of such Council shall be completed within not more than six months from the date of their appointment.

[* Diplomatic arrangement.

Who submits the dispute? §12.

How long should diplomacy be given?

To whom is the report made?

Is any action to be taken on the report and how?]

8. The method of adjustment proposed in the report of such Council shall be a final determination of the dispute, unless a Power concerned shall dissent therefrom within a time therein limited.

[Suppose the report requires action by one or both of the Powers, & no action is taken then what?]

[Page 507]

9. If a Power concerned shall dissent from the method of adjustment proposed in the report of the Council, the report of the Council and the facts and circumstances of the dispute shall be considered by the Representatives of the Powers, who may by a vote of three fourths of all of the Representatives of the Powers, determine the method of adjustment of the dispute.

[Suppose no method can secure a ¾ vote then what?]

10. The Representatives of the Powers may at any time during the pendency of a dispute submitted, determine by a majority vote any measure that is necessary to be taken or omitted for the protection of any interests during the pendency of the dispute and before its adjustment.

11. Each Power agrees to carry into effect any determination of the Council or of the Representatives of the Powers, as the case may be, in any dispute in which it is concerned: the Representatives of the Powers shall determine by majority vote whether any Power has refused or neglected to carry out any determination of the Council or of the Representatives of the Powers, as the case may be; the consequence of such refusal or neglect so determined shall be the suspension between that Power, its citizens and subjects, and the other member Powers, their citizens and subjects, of all treaty privileges and of all diplomatic, commercial and economic intercourse.

[Time limit]

12. Any notice in connection with any dispute between or among member Powers may be given, and the submission of any such dispute may be made, by any Power concerned.

[Why not by any power?]

13. Any war or menace of war is a matter of interest to member Powers, which the Representatives of the Powers shall by offer of good offices or otherwise, attempt to determine or avert.

[Does this mean after a meeting and discussion of the body?]

14. Any dispute in which both a member Power and a nonmember Power are concerned may be referred by any Power concerned to the Representatives of the Powers; and if each non-member Power concerned shall consent to be deemed ad hoc a Power signatory hereto, the provisions of this Agreement regarding disputes between or among member Powers shall be applicable.

[Ought there not to be adhering members?]

15. In case of hostilities threatened or commenced between a member Power and a non-member Power, the member Power concerned may entrust its interests to the Representatives of the Powers; in such case the course of action of that member Power shall be determined by a majority vote of the Representatives of the Powers, [Page 508] and the member Powers agree to support and protect that course of action.

[Suppose the member Power is the aggressor then what?]

16. Any dispute arising from events happening before the date of signature of this Agreement, may at any time be reserved from the operation hereof, by any Power concerned.

17. The Representatives of the Powers shall constitute a Permanent International Court, of which not less than seven nor more than eleven members shall sit in any case, including always the Representatives of those Powers litigant. The Permanent International Court shall formulate its rules of procedure and shall have jurisdiction to hear and finally determine any dispute between States submitted to it by consent of the Powers concerned. Subject to the foregoing provisions of this Article, the members of the Permanent International Court to sit in any case may be agreed upon by the Powers concerned, or in the absence of such agreement, shall be selected by a majority vote of the Representatives of the Powers.

[I am opposed to this method of constituting a court. This is confusing executive & legislative functions with judicial, which is unwise.]

18. Any decision or judgment of the Permanent International Court shall be deemed a determination of the Representatives of the Powers.

19. The Representatives of the Powers shall from time to time consider and recommend to the respective Governments for approval, declarations of rules and principles of the law of nations.

[Is this to have no binding force? If it is not, ought there not to be provision for a Congress of Nations, say every 5 or 7 yrs?]

20. Any non-signatory Power desiring to adhere to this Agreement, may deposit a declaration of adherence with the Presiding Officer of the Representatives of the Powers; such declaration shall become effective and such Power shall for all purposes be deemed a signatory Power hereto from ninety days after the deposit thereof, unless within such period of ninety days, more than three member Powers shall dissent therefrom, by depositing with said Presiding Officer a notice of such dissent, in which case neither the declaration nor its deposit shall be effective.

Nothing in this Article contained shall limit or modify the provisions of Article 16 hereof.

[System of black balling. Ought not the reasons to be given?]

21. Any member Power may withdraw from this Agreement by depositing a notice of such withdrawal with the Presiding Officer of [Page 509] the Representatives of the Powers. The withdrawal shall have effect only in regard to the notifying Power.

[Should not there be a time for notice?]

22. Any provisions in treaties or agreements between or among the signatory Powers which may be inconsistent with the provisions hereof, are and shall be deemed abrogated.

[Can this be done in this way? Who is to pass on inconsistency?]

  1. This and the following three documents were prepared by Mr. D. H. Miller. They were sent to Colonel E. M. House on Nov. 30, 1918, with a covering note reading as follows:

    “Herewith are tentative drafts of the following:

    A.
    Agreement for an Association of Nations.
    B.
    Declaration for Open Diplomacy.

    “In each case the paper is accompanied by a note of its contents.

    “The tentative drafts have been prepared with a view of suggesting questions which may arise in connection with discussion of their general subjects.

    “A tentative draft of a Declaration for Equality of Trade Conditions is in course of preparation, and a similar paper regarding Freedom of the Seas will be prepared after further conferences with Admiral Benson.” (See Miller, My Diary, vol. ii, p. 148, note a.)

    The first two documents seem also to have been sent to Secretary Lansing, and his manuscript comments on the Tentative Draft of Agreement for an Association of Nations, written in pencil on the margin of the original, are here printed in brackets following the section of the text to which they refer.