The League of Nations was the first organisation of general competence in the world and the first international institution directly responsible for the maintenance of world peace … at the time it was something new, even revolutionary.
Cezary Mik, The League of Nations’ Capacity for Reform and Adaptation (2015).
The League was probably the first organization clearly visible as an independent international actor and to some extent to manifest as a legal actor as well.
Catherine Brölmann, Public International Law (2007).
Nothing like the Leage of Nations had ever happened before.
There is no doubt that President Wilson and his supporters saw
the League as the beginning of a new world order, not just of international relations, but of justice and society – “We came to Paris confident that the new order was about to be established”,
wrote English diplomat Harold Nicolson in 1933.
For these idealists, the League was “a bridge between the past
and the future” and the goal was no less than the benign, liberal oversight of
world affairs.
Historians who focus on this element of the League’s nature
often represent its failure as a descent ‘from Utopia to Reality’.
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By contrast, international lawyers saw the League as the victory of Law over diplomacy and politics, with a Covenant which subjected the forces of chaos and tyranny in international relations which had led to war, to a framework of rules and international law superimposed on the old diplomatic system to bring ‘peace through law’.
For the English historian Alfred Zimmern (1939), the League’s Assembly was - yes
“an instrument of cooperation” – but also “a visible manifestation of the
authority of the Rule of Law in the world”.
Lawyers writing about the League’s failure often represent it
as a descent ‘from Law to Politics’.
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But other people had other ideas, and the problem with this
new, undefined, international body was that everybody defined it as what they
WANTED it to be.
• For the British Foreign Office it was a Concert of the
Great Powers – a more convenient way of doing business the way it was always
done (especially the Conference of Ambassadors).
• For the French, it was the organisation which would enforce
the Treaty of Versailles (and keep Germany in its place), and they consequently
spent a lot of time trying to persuade the other members of the League to set up
a League Army.
• The English scholar Percy Corbett (1924), who served as
legal advisor to the League’s International Labour Office, thought that the
League was a Confederation – such as the Confederation of German statelets
before Germany united to became a nation-state.
• The French expert in international societies Georges Scelle (1932) – noting that it had the ability to make laws for its member states – described
the League as a vast super-State organisation.
• The League’s own the Permanent Court of International
Justice (PCIJ), in 1927, in a ruling on the European Commission for the Danube,
declared that the Commission was ‘an international institution with a specific
purpose and functions’, not a State.
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And in reality, not theory? The scope of the League’s duties or authority was never very clear. Everybody is agreed that it was the first autonomous
international organisation – to have its own ‘person’ in law.
It had the right to declare war and enact sanctions, to make laws, to intervene
in political situations, to organise conferences and international initiatives, to administer territories, to set up independent social and economic policy-making bodies.
But at the same time, in the Assembly and the Council, the members States were
in principle (formally) masters of the League’s existence and developments, and
in practice the decisions of the League were taken for it by the Great Powers.
As the League began to fall apart in the late 1930s, the American political scientist Nealie D Houghton struggled to define the League’s mandate:
The League of Nations is not an institution which stands over and above the member nations with power to control their actions, as governments control the behaviour of their citizens. It is, on the other hand, an agency of the member nations which they have established because they need to make use of it in many ways... The League of Nations is not to be thought of as an institution separate and apart from the nations which are its members.
It is a device by which the member nations may, by common consent, agree to
cooperate in doing work which they all desire to help to do. Nealie Doyle Houghton, The Present Status of the League of Nations (1936)
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As you study the League, you may wish to keep in your mind
this image of a vast, straggling international organisation, yet with no real
powers or budget, desperately picking its way through the crises and
complexities of international diplomacy, with all the different hopes of
millions pinned upon it.
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