[Distributed. to the Council and.
the Members of the League.]
Official N o. :
C. 622. M. 244.
1930. V.
[A. 83. (1). 1930. V.J
Geneva, October 30th, 1930.
LEAGUE OF NATIONS
RATIFICATION OF INTERNATIONAL CONVENTIONS
CONCLUDED UNDER THE AUSPICES OF THE LEAGUE OF NATIONS
REPORT Of THE FIRST COMMITTEE
CONTAINING THE RESOLUTIONS ADOPTED BY THE ASSEMBLY
ON OCTOBER 3rd, 1930.
Rapporte·u r: M. GIANNINI (Italy) .
The First Committee, after examining the interesting report submitted by the Committee
set up to investigate the question of the ratification and signature of conventions concluded
under the auspices of the League of Nations (document A.I0.1930.V), considers that the
suggestions put forward by this Committee merit approval. The Committee is, moreover,
of opinion that the solution of the problem of ratification depends largely on the thorough
preparation of conferences. It is hardly possible to insist on the ratification of conventions
which, being neither well prepared nor satisfactory, do not merit ratification, or which it is
very difficult to accept.
Basing its conclusions on these principles, the Committee adopted the following draft
resolution :
RESOLUTION I.
" The Assembly :
" Having examined with the greatest interest the report of the Committee appointed
to consider the question of the ratification and signature of conventions concluded under
the auspices of the League of Nations in accordance with an Assembly resolution of
September 24th, 1929;
" Being convinced that the solution of the problem of ratification depends to a great
extent upon satisfactory preparation for the conferences which are convened to draw
up conventions;
" Considering it to be of the greatest importance that all steps should be taken to
assure that conventions concluded under the auspices of the League of Nations should
be accepted by the largest possible number of countries and that ratifications of such
conventions should be deposited with the least possible delay;
" Expresses its appreciation of the work of the Committee and its approval of their
report ; and
·
" Recommends that effect should be given to the proposals contained in the report
of the Committee in the manner set out in the immediately following resolutions.
"I.
"That each year the Secretary-General should request any Member of the League
or non-Member State which has signed any general convention concluded under the
auspices of the League of Nations but has not ratified it before the expiry of one year
from the date at which the protocol of signature is closed, to inform him what are its
intentions with regard to the ratification of the convent~on . Such requests of the SecretaryGeneral to Governments should be sent at such a date m each year as to allow time for the
replies of Governments to be received before the date of the Assembly, and information
as to the requests so made and replies received should be communicated to the Assembly
for its consideration.
S. d, N. 1.330 (F.) 845 (A.) I0/ 30 Imp.
J. de G.
-~-
" II.
..
I
" That, at such times and at such intervals as seem suitable in the circumstances, the
Secretary-General should, in the case of each general convention concluded under the
auspices of the League of Nations, request the Government of any Member of the League
of Nations which has neither signed nor acceded to a convention within a period of five
years from the date on which the convention became open for signature, to state its views
with regard to the convention-in particular, whether such Government considers there
is any possibility of its accession to the convention or whether it has objections to the
substance of the convention which prevent it from accepting the convention. Information
of all such requests made by the Secretary-General and of all replies received should be
communicated to the Assembly.
" III.
" That the Council of the League should, with regard to each existing general
convention negotiated under the auspices of the League of Nations, consider, after
consultation with any appropriate organ or committee of the League, and in the light of
such information as may be available as to the result of the enquiries recommended in
resolutions Nos. I and II, and any other enquiries that the Council may think fit, whether
it would be desirable and expedient that a second conference should be summoned for the
purpose of determining whether amendments should be introduced into the convention,
or other means adopted, to facilitate the acceptance of the convention by a greater number
of countries.
"IV.
" That, in the case of all general conventions to be negotiated under the auspices of
the League of Nations, the following preparatory procedure should, in principle, be
followed, exception made of the cases where previous conventions or arrangements have
established a special procedure or where, owing to the nature of the questions to be treated
or to special circumstances, the Assembly or the Council consider other methods to be
more appropriate :
" 1.
Where an organ of the League of Nations recommends the conclusion
of a general convention on any matter it shall prepare a memorandum explaining
the objects which it is desired to achieve by the conclusion of the convention and
the benefits which result therefrom. Such memorandum shall be submitted to the
Council of the League of · Nations.
" z. If the Council approves the proposal in principle, a first draft convention
shall be prepared and communicated, together with the explanatory memorandum,
to Governments, with the request that, if they feel that the draft should be taken into
consideration, they shall inform the Secretary-General of their views, both with
regard to the main objects or the suggested means of attaining them, and also
with regard to the draft convention. In some cases, it may be desirable to annex
a specific questionnaire.
"3· The draft convention and the observations of Governments (together with
the answers to the questionnaire, if any) shall be communicated to the Assembly,
and the Assembly shall then decide whether to propose to the Council to convoke the
contemplated conference.
··
" 4· If the Assembly recommends that a conference should be convoked, the
Council shall arrange for the preparation of a draft convention, in the light of the
replies received from Governments and the new draft convention (together ~th
the replies of other Governments) shall be transmitted to each Government, With
a request for their opinion on the provisions of the draft and any observations on
the above-mentioned replies of the other Governments.
" s. In the light of the results of this second consultation of the Governments,
the Council shall decide whether the conference should be convoked and fix the date.
" 6. The Council, in fixing the date for the convocation of a conference, shall
endeavour, as far as possible, to avoid two League of Nations conferences being held
simultaneously, and to ensure the lapse of a reasonable interval between two
conferences.
" 7. The procedure set out in the preceding paragraphs will be followed as far
as possible in the case of draft conventions, the desirability of which is recognised by
a decision of the Assembly or as the result of a proposal by a Government.
" ~he above rules shall be communicated to the technical organisations of the Leag?e
of Natlo~s, and to t.he Governments, for the purpose of enabling the Assembly at rts
next sesswn to consider whether changes should be made therein as a result of any
suggestions which rna y be made.
-3-
"v.
" That, in conformity with the recommendations contained in Part III, paragraphs
2 (d), (e) and(/) of the report of the Committee appointed in accordance with the resolution
of the Assembly of September 24th, 1929 (see document A. 10.1930. V), at future conferences
held under the auspices of the League of Nations at which general conventions are signed,
protocols of signature shall, as far as possible, b e drawn up on the general lines of the
alternative drafts set out in Annexes I and II of the present resolution .
"Annex I.
" PROTOCOL OF
SIGNATURE.
" In signing the Convention of this day's date relating to ............. .. ..... .
the undersigned plenipotentiaries, being duly authorised to this effect and in the name of
their respective Governments, declare that they have agreed as follows :
" I. That the Government of every Member of the League of Nations or nonMember State on whose behalf the said Convention has been signed undertakes, not
later than ........... (date), either to submit the said Convention for parliamentary
approval, or to inform the Secretary-General of the League of Nations of its attitude
with regard to the Convention.
"II. If on ....... (date) the said Convention is not in force with regard to . .. .
Members of the League of Nations and non-Member States, the Secretary-General
of the League shall bring the situation to the attention of the Council of the League
of Nations, which may either convene a new conference of all the Members of the
League and non-Member States on whose behalf the Convention h as been signed or
accessions thereto deposited, to consider the situation, or take such other measures
as it considers necessary. The Government of every signatory or acceding State
undertakes to be represented at any conference so convened. The Governments of
Members of the League and non-Member States which have not signed the Convention
or acceded thereto may also be invited to be represented at any conference so convened
by the Council of the League.
"Note. -The procedure provided for in this Annex is generally suitable for most
general conventions. In cases in which it is applied, the final articles of the convention
should be drafted in the usual form and should not fix any named or final date for the
entry into force of the convention, but should permit its entry into force on receipt of
a relatively small number of ratifications or accessions.
"Annex II.
" FINAL ARTICLE OF THE CONVENTION .
" Article X.
" The present Convention shall enter into force on ....... (date), provided that, on
this date, ratifications or accessions have been deposited with or notified to the SecretaryGeneral of the League of Nations on behalf of ...... 1 Members of the League of Nations
or non-Member States.
" PROTOCOL OF SIGNATURE .
" In signing the Convention of to-day's date relating to. . . . . . the undersigned
plenipotentiaries, being duly authorised to this effect and in the name of their respective
Governments, declare that they have agreed as follows :
" If on ...... 2 the said Convention has not come into force in accordance with
the provisions of Article X, the Secretary-General of the League of Nations shall
bring the situation to the attention of the Council of the League of Nations, which
may either convene a new conference of all the Members of the League and nonMember States on whose behalf the Convention has been signed or accessions thereto
deposited to consider the situation, or take such other measures as it considers
necessary. The Government of every signatory or acceding State undertakes to be
represented at any conference so convened.
" Note. - The procedure provided for in Annex II is suitable for certain types of
convention whose practical utility depends on their immediate entry into force for a
considerable number of States.
1
2
The figure indicated here should be a relatively large one.
Same date as that indicated in Article X .
-4 - ·
" VI.
" That the Council will investigate to what extent, in the case of general conventions
dealing with particular matters, it is possible-in view of the constitutional law and
practices of different States-to adopt the procedure of signing instruments in the form of
governmental agreements which are not subject to ratification, and that, to the extent that
it is possible to do so, this procedure should be followed in regard to minor and technical
matters.
" VII.
" That, in future, general conventions negotiated under the auspices of the League
of Nations and made subject to ratification shall not be left open for signature after
the close of the conference for a longer period than six months, unless special reasons
render a longer period advisable."
·
* * *
The Committee also examined the tables showing the state of signatures, ratifications and
accessions in agreements and conventions concluded under the auspices of the League of
Nations (document A.20.1930.V). Congratulating the Secretariat on its excellent work, the
Committee concluded that it would be advisable and useful to publish these tables three tim es
a year, at the same time as the lists drawn up at the request of the Council. It also discussed
the undoubted utility of preparing similar tables for all the general conventions in force . But,
as it is not possible to undertake such a task without consulting the Governments and Bureaux
of the international Unions and Commissions, in whose archives these conventions are deposited,
the Committee proposes that the Secretary-General should be requested to examine the
possibility of drawing up such tables.
This is the underlying principle of the following resolution :
RESOLUTION II .
" The Assembly, appreciating the utility of the tables, diagrams and graphs prepared
by the Secretariat of the League of Nations in accordance with the Assembly's resolution
of September 24th, 1929, expresses the wish :
" (r) That the said tables be published three times a year at the same time as
the lists drawn up at the request of the Council;
" (2) That the Secretary-General, after consulting the Governments and the
central offices of international Unions and Commissions, should consider the possibility
of drawing up similar tables for all general conventions which are in force."
** *
The second resolution does not call for any lengthy explanation, but it may be useful
to explain the system on which the provisions of the first resolution are based.
The question of ratification is specially referred to in paragraphs I and II. Each year the
Secretary-General is called upon to request any State which has signed a general convention
but has not ratified it before the expiry of one year from the date at which the protocol of
signature is closed, to inform him what are its intentions with regard to the ratification of the
convention and, in the light of the replies received, he draws up in due course a report which is
submitted to the Assembly. At such times and intervals as seem suitable in the circumstances,
the Secretary-General will request the Government of any Member of the League which ~as
neither signed nor acceded to a convention within a period of five years from the date on wh1ch
the convention became open for signature, to state whether it thinks it possible to communicate
its views regarding the convention-i.e., whether it sees any possibility of acceding thereto,
or the reasons for which it feels unable to accept it (for instance, the refusal of Parliament to
approve the convention, refusal to adopt certain provisions in the convention, etc.). These
replies will also be communicated to the Assembly.
Paragraph III refers particularly to the position as regards the conventions adopte? by
an inadequate number of States. In these circumstances, the Council of the League of Natwns,
after consulting any appropriate organ or committee of the League, and in the light of ~uch
information as may be available as the result of the enquiries recommended in the two prevwus
paragraphs or any other enquiries which it may think fit, will consider whether it is desirable
to summon a new Conference to amend the convention, or take other appropriate steps to
.
facilitate the acceptance of the convention by a greater number of countries.
Paragraphs IV et seq. refer particularly to the procedure to be followed before convenmg
conferences. This procedure, regarded as a whole, is prudent, and specially intended to m~et
the c~se of general conventions. As is clearly explained in the preamble and in the conclu~wn
of this paragraph, there is no intention to modify the procedure already adopted in prevwus
agree_ments _(procedure laid down for certain organisations of the League of Nations or for
certam special conventions) or in cases in which, owing to the nature of the questions to be
treated or to special circumstances, the Assembly or the Council considers other methods to
be more appropriate.
- s -The Committee does not regard this procedure as final. On the contrary, it asks that
the rules prepared shall be communicated to the technical organisations of the League of
Nations and to the various Governments with a view to considering at the next Assembly
whether, as a result of the suggestions made, there is any need to modify them .
The procedure proposed is based on the experience gained at recent conferences, and, in
particular, at the Conference for the Progressive Codification of International Law and the
Conference on Bills of Exchange. The first proposal (paragraphs I to 3) is for a preparatory
procedure, to decide whether a conference should be convened. If the conclusion of a general
convention is recommended by an organ of the League of Nations, that organ must prepare
a memorandum explaining the objects and advantages of the conclusion of such a convention .
If the Council approves the proposal in principle, a first draft is prepared and communicated
with the explanatory memorandum to the various Governments, which are invited to inform
the Secretary-General whether they consider that the draft merits consideration. The first
draft convention and the observations of the various Governments will be communicated to
the Assembly, which will decide whether to propose to the Council to convoke the contemplated
conference. When this procedure, which may be called the procedure of " taking into consideration," is at an end, then the preparation of the bases of discussion for the Conference begins.
In point of fact, the Council will arrange for the preparation of a draft convention on the basis
of the replies received from Governments. This draft will be submitted to each Government
with a request for its opinion and any observations on the repli es of the other Governments.
This system is intended to make the position of the various Governments and the possibilities
of success very clear before the convoking of a conference is contemplated. The Council,
taking into account the result of the second consultation, will have to decide whether and on
what date the conference should meet. In so doing, it will endeavour, as far as possible, to
avoid simultaneous conferences or the holding of one conference too soon after another. The
procedure for the second consultation is laid down in paragraphs 4 to 6. Finally, under the
last paragraph the same procedure is to the followed as far as possible in the case of draft
conventions, the desirability of which is recognised by a decision of the Assembly or as the
result of a proposal by a Government.
In entire conformity with the recommendations of the Committee appointed in accordance
with the Assembly resolution of September 24th, 1929, and the Protocol adopted by the Conference on Bills of Exchange, paragraph V contemplates the adoption of a protocol of signature
at conferences at which general conventions are signed . The reasons for the a doption of the
two model protocols are explained in the report of the above-mentioned Committee and in the
notes appended to each Annex.
Paragraph VI refers, in view of certain recent experiences, to the adoption of the procedure
of signing instruments in the form of governmental agreements which are not subject to
ratification, in so far as such procedure is compatible with the organic and constitutional laws
of the various countries.
Finally, the las.t paragraph VII, suggests the reduction to the minimum of six months of
the period during which Conventions remain open for signature. This period is the minimum
compatible with the requirements of certain very distant countries, such as India and the
countries of the Far East. Nevertheless, the rule is not fixed and absolute, because the
possibility has been considered of special reasons which may render a longer period desirable.
The Committee attaches great importance to the above proposals, because they should, in
its opinion, facilitate the solution of the problem that is causing so much anxiety to the League
of Nations and the States which, in all confidence, sign general conventions in a spirit of
compromise, with a view to international conciliation and co-operation. Nevertheless, it feels
that the essential factor in the problem continues to be the spirit of international co-operation,
and the appreciation of the value of general conventions in the duly considered interests of
each country, which alone can make possible the conclusion and ratification of such
agreements.