League of Nations

1- Origin
League of Nations was an International Organization whose membership was open to all
the states of the whole world and its purpose was also general.
Treaty of Versailles 1919
The origin of league of Nations started with an idea emerged after World War-I in form
of fourteen points given by Woodrow Wilson in 1918 who has also been a president of
USA. In these fourteen points, one point dictated the idea of collective security. The
world and the people have seen so many wars especially World War-I so the concept of
collective security should be introduced that whole world should be gathered on a
platform for collective security. This conncept of collective security eventually resulted
in formation of treaty known as Treaty of Versailles 1919.
Versailles is a city of France. Treaty of Versailles is a comprehensive document
comprised of 435 articles. It was an agreement of Allied Associative powers with
Germany. There were two major powers in World War-I i.e. Allied Powers and Central
Powers. Allied Powers consisted of British, Russia, France and USA. Central Powers
consisted of Germany and its allies like Japan, Ottomon Empire and Italy. Besides
inculcation of collective security in the treaty, the treaty played a major role in
termination of war between Allied and Central Powers. Moreover, Treaty of Versailles is
the document which created the International Organization known as League of Nations.
Function
2- Organs of League of Nations
League of Nations was properly established in 1920 and had four organs although its
major and primary organs were three in number. The fourth one is a judicial organ.
Permanent Court of International Justice is not considered as a direct organ of league of
Nations but as a Subsidiary organ.
a. The Assembly-----------Primary Organ
All the states which will become the member of League of Nations were to send three
members each. For example, if there were 100 states who became member of League
of Nations then there will be total three hundred members of Assembly. It is to be
noted that one vote will be counted of three persons in the Assembly. The tasks which
are being perforemed by General Assembly of United Nations today were performed
by Assembly of League of Nations at that time like passing resolutions, to discuss
ongoing issues in the world and to work as a liaison between other two primary
organs of League of Nations.
b. The Council--------------Primary Organ
The Council of League of Nations is much similar to Security Council of United
Nations but its functions are a bit different.
There were two kinds of members in The Council.
  Permanent Members - At that time, America, British, France, Italy and Japan
were the permanent members of The Council. Later on, when USA could not
ratify it then Germany and Soviet Union also became the permanent
members.
 Non-Permanent Members – Non-permanent members were to be elected
through geographical distribution from different areas for particular time.

The work of The Council was of executive nature. The resolutions which were
passed by The Assembly and enforcement or application of any kind was
required regardingly then The Council did it as it was ther application body and
executive organ of League of Nations.

c. The Secretariat-----------Secondary Organ

In order to develop a better understanding lets take it to municipal level. In Federal
capital and in capital of each province in Pakistan Secretariat is established.
Secretariat is basically an administrative organ which from central or headoffice deals
with the administration of the offices working under it.
Secretariat of League of Nations performed the same function. Secretariat of League
of Nations had a permanent staff of approximately 700 person at that time dealing
with administration. Secretariat had a Secretary General who leads the Assembly and
Secretariat. Secretary General is elected by The Assembly through majority.
d. Permanent Court of Internatinal Justice-------Subsidiary Organ
Before establishment of International Court of Justice, Permanent Court of
International Justice was working. International Court of justice was established in
1946. International Court of Justice and Permanent Court of International Justice are
exactly the same except the name and a few minor amendments. Both have fifteen
Judges and same jurisdiction. The amjor difference is that PCIJ was a part of League
of Nations while ICJ is a part of United Nations. The tenure of Judges of PCIJ was 9
years and they could be re elected. PCIJ had given some important decisions in
different cases such as in S.S. Wimbeldon case and S.S. lotus case. These cases
established some of the important principles of International Law. The working of
PCIJ had been positive overall.
3- Weaknesses/Legal Lacunae of Laegue of Nations
League of Nations had been working excellently in its first decade from 1920 to 1930
but it failed eventually in the next decade. There are many political reasons behind failure
of League of Nations but here we will be looking at legal reasons or legal lacunae for
failure of League of Nations.
a. It did not forbid the war completely.
One of the major reasons for failure of League of Nations is that it did not forbid the
war completely as United Nations Charter has done. Now a days, war is allowed by
United Nations only in two conditions
  In case of self defence
 By resolution of Security Council

League of Nations, on the other hand, said that International disputes should be
resolved by amicable means but if an International dispute is not settled by
amicable means then with lapse of three months war can be declared. It was a
major Lacuna that war was legalized with three months notice.

b. America did not ratify the treaty.

President of USA Woodrow Wilson gave the concept of collective security and was
one of the founders of Treaty of Versailles even then USA could not ratify the treaty
because Senate of USA did not ratify it. This was very discouraging that founders
have not adopted the Treaty. Consequently, other states also started to withdraw from
the League of Nations. Eventually, it failed.
c. Members were not bound by the Council.
Contemporarily, United Nations Charter has bound that all the members are bound by
decisions of Security Council and will follow them. On the other hand, League of
Nations did not bind the members by decisions of the Council.
d. Withdrawl from League
Another major weakness of League of Nations was withdrawl. There is no option of
withdrawl in United Nations. Only a single situation has arised so far. There is
generally no provision in United Nations Charter to withdraw from the organization
but there is a clear provision in League of Nations that a member can withdaw with a
2 years notice. Hence, states started to withdraw from the League of Nations.
e. Decisions were to to be taken with unanimity in Council.
It meant that a decision will be made when all the members of Council will agree.
The provision that decisions were to be taken with unanimity in council was a major
weakness of League of Nations. It is very difficult that all the members of the Council
may agree on an issue.