500.CC/3–3045
The British Ambassador (Halifax) to the Secretary of State
No. 150
Washington, March 30,
1945.
Sir: I have the honour, on instructions from
His Majesty’s Secretary of State for Foreign Affairs, to communicate to
you herewith a summary of a report by the Committee of officials set up
in London to study the problems which will arise when it becomes
necessary to wind up the League of Nations.63
- 2.
- I am to explain that His Majesty’s Government in the United
Kingdom wish to avoid any confusion resulting from the simultaneous
existence of the League and the new World Organisation and they are
anxious to arrange for the formal dissolution of the League as
speedily as possible after the San Francisco Conference.
- 3.
- While there is no question of the League as such continuing in any
form there are certain technical services, experienced international
officials and valuable records which might with advantage be taken
over by the new Organisation. Similarly the new Organisation might
with advantage take over the financial assets and liabilities of the
League, which is in a sound financial position.
- 4.
- His Majesty’s Government do not favour any arrangement whereby the
new Organisation would be committed to take over all existing League
functions, assets, and liabilities. It would be for the new
Organisation to decide what it was proposed to take.
- 5.
- In order to facilitate progress, His Majesty’s Government
earnestly hope that the convening Governments will agree that a
resolution should be presented to the San Francisco Conference
indicating willingness to take over certain non-political functions,
assets and liabilities of the League, on terms to be agreed; and
appointing a committee to negotiate with the League on these
matters.
- 6.
- You will observe that the Report does not deal with the Permanent
Court, the International Labour Office, or the Permanent Mandates
Commission, all of which call for separate examination.
- 7.
- A similar communication is being made to the other convening
Governments, and also to the French Provisional Government.
I have [etc.]
[Enclosure]
Summary of Report
- 1.
- The establishment of the new World Organisation will involve
the disappearance of the League of Nations, but this result will
not be produced automatically. Some formal step will be
necessary.
- 2.
- It is desirable that useful non-political functions of the
League (together with experienced staff and records) should be
transferred to the new World Organisation where this seems
advantageous to the new Organisation.
- 3.
- Some arrangement must be made to wind up the finances of the
League, which has certain assets and liabilities which it may be
desirable to transfer to the new Organisation.
- 4.
- The Committee make the following recommendations:—
- (i)
- The League should be wound up in a dignified and
orderly manner as soon as possible after the formal
establishment of the new World Organisation. The
initiative with regard to the transfer of such
functions, assets and liabilities as it is agreed should
be taken over should come from the new World
Organisation. The necessary arrangements for transfer
should be made as far as possible during the period
before the new World Organisation is fully
established.
- (ii)
- It is desirable that the non-political activities of
the League which are still being continued on a reduced
scale should be maintained until the new Organisation is
in a position to take them over.
- (iii)
- The transference to the new Organisation of the League
Departments responsible for carrying out the main
non-political activities would not be difficult. Only a
small nucleus of experienced officials remain in these
Departments. The services of many of them would be
valuable to the new Organisation, as would also be those
of some experienced League officials now engaged
elsewhere. The value of the League’s records and
archives needs no emphasis.
- (iv)
- Some reorganisation of the present system of
international drug control and of international health
organisation is probably necessary, but it seems best to
transfer the existing functions of the League to the new
Organisation before embarking on major changes.
- (v)
- It is for consideration whether the best course would
be to transfer the functions of the League High
Commissioner for Refugees to the new Organisation or to
the Inter-Governmental Committee on Refugees.64
- (vi)
- The future of the League Organisation for Intellectual
Cooperation and with it the Paris Institute of
Intellectual Co-operation must be considered in relation
to the proposed United Nations Organisation for
Educational and Cultural Reconstruction and to the
suggestion that a permanent International Education
Organisation should be established.
- (vii)
- All of the League’s remaining non-political
work—activities with regard to economic, financial and
other social questions, communications and transit;
suppression of slavery, treaty registration, etc.,—could
be transferred to the new Organisation so far as may be
desired without any obvious difficulty.
- (viii)
- In view of the existence of a large number of
international treaties, conventions and agreements which
attribute powers and duties to the League a most
unsatisfactory situation will arise on the dissolution
of the League unless measures are taken to transfer the
functions conferred on the League by these instruments,
to the new Organisation. This will involve
- (a)
- the agreement, expressed in some appropriate
form, of the parties to each instrument and
- (b)
- the acceptance of the functions in question by
the new Organisation.
- Each of the instruments in question must, generally
speaking, be dealt with separately. We feel, however,
that the process of obtaining the consents of the
parties would be much facilitated and accelerated if
this were done under the auspices of the new
Organisation and with the assistance of its
Secretariat.
- (ix)
- The question of transferring to the new Organisation
the functions of the League arising out of the
Protocols, General Bonds and Loan Contracts of the
League Loans, which owe their origin to the various
schemes of financial reconstruction undertaken by the
League between the wars, is one of some complexity. It
is considered, however, that it would suffice if
agreement to the transfer of functions were obtained
only from the League and the new Organisation, and
simply notified to the interested parties.
- (x)
- The present financial position of the League is sound.
In addition to substantial fixed assets in the form of
land, buildings and equipment, there are considerable
liquid assets in the various funds built up by the
League which should be sufficient to provide for an
orderly liquidation provided that the present financial
position of the League does not deteriorate in the
interval.
- (xi)
- The Committee which it is suggested should be set up
by the League to arrange the transfer of functions to
the new Organisation should be given the necessary
authority to liquidate the finances of the League. This
Committee should make arrangements for meeting the
outstanding liabilities of the League, and for the
future administration of the Pension Funds. When all
claims have been met, and drafts on the Working Capital
Fund made good, the assets outstanding should be
distributed among Members with due regard to their
record of contributions.
- (xii)
- It is hoped that it will be possible to transfer the
League buildings, its unique library, etc., to suitable
international bodies, which may or may not be associated
with the proposed United Nations Organisation. If that
Organisation does not require them and if the
International Labour Organisation should return to
Geneva, the latter might take over the League buildings.
Failing their transfer to the new Organisation, the
International Labour Organisation, or some other
suitable body, it will be desirable to set up a body of
Trustees to manage the Library, buildings, and any other
special assets which serve international
purposes.
- 5.
- The following procedure is suggested for bringing the League
of Nations to an end, and to effect the transference of its
functions, assets and liabilities to the new
Organisation.
- 6.
- A suitable resolution should be passed at the San Francisco
Conference indicating willingness in principle to take over
certain non-political functions of the League and certain of its
assets and liabilities, on terms to be agreed. The resolution
would also appoint a committee for the purpose of negotiating
with the League and would invite the League to appoint a
corresponding committee. Subsequently a meeting of the League
Assembly would be called at which a resolution would be passed
welcoming the initiative of the United Nations and appointing a
negotiating committee to meet the committee appointed by them
and to co-operate in drawing up the necessary instruments. The
results of these negotiations would be submitted for
confirmation to the appropriate body of the new Organisation,
and to a second and final meeting of the League Assembly, at
which a resolution would be passed confirming and giving effect
to the agreement reached, and providing for the signature on
behalf of the League of any necessary instruments for this
purpose. Finally the resolution would announce the dissolution
of the League of Nations and the release of its members from
their obligations under the Covenant.
- 7.
- In making these recommendations account has been taken of the
political factors which may complicate the transference of the
League’s functions to the new Organisation. For a decision in
the Assembly a unanimous vote is necessary, and if unanimity
does not exist the most that can be obtained is a recommendation
to the Members of the League. Much will depend on the attitude
of the smaller State Members of the League to the new
Organisation as it takes shape at San Francisco. If their
attitude is not unfriendly and there is a general desire to make
the most of the opportunities which the establishment of the new
Organisation will present, we do not expect any serious
difficulties. It should be possible to ensure the compliance of
ex-enemy States which are still nominally Members of the League.
Neutral States, which will not become original members of the
new Organisation, will it is hoped, not be likely to prejudice
their chances of being admitted later by ill-considered action
during the obsequies of the League.
