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(2021 – 2022)

ASSIGNMENT
Topic : Weaknesses, Defects and
Failure of
The League of Nation
Subject : International Law
For the partial fulfillment in B.A.LL.B. 4 th
Semester (Section A)

Under Guidance of : Submitted By :


MR. PRATEEK SETH VISHAL KUMAR
Assistant Professor 200013015127
Faculty Of Law Section – B
LL.B. (HONS) Fourth Semester
Acknowledgment
I am most profoundly grateful to my teacher Mr.
Prateek Seth (Assistant Professor, Faculty Of Law, Lucknow
University) for giving me this amazing opportunity to
research upon given topic under this project, after doing
which we feel so confident as it leads me towards new ideas,
thoughts, scopes of learning etc. Working under this project
is like visiting new ways via which we can understand
different aspects of The League of Nation and the reasons of
its failure. No doubt in saying that, by completing this
project my knowledge scope became wider than earlier.

I am so thankful to my parents for supporting me at


each and every step of my life struggle.
I am thankful to you all.
Content
S.No. Title Page No.
1. Introduction 4
2. Weaknesses and Defects 5
No bar on raising war
Complexity of Covenant
No place for opposing Amendments
Delay in deciding issues
Procedure of withdrawal of membership
Incapability in complying the functions
Biased towards great powers
3. Certain events leading its dissolution 7
4. Conclusion 8
5. Bibliography 9
Introduction
Today, we are living in a extra modern society. The world
where bio-chemical arms and weapons are taken into
consideration while deciding which country is much
powerful, in place of judging its humanitarian culture
leading to a peaceful society. Now days we are seeing that
Ukraine and Russia are rubbing their hand in wait to give
birth World War III. They are destroying the societies of one
another at very pace but still the situations are in somewhat
control. These things are not the requirement of a happy life.
For happy and comfortable life we always wonder for
peaceful society where everyone lives with harmony.
In search of such peace at international level was also a big
concern of many countries. If we talk about the first effort in
this series we get that The League Of Nation was the first
sign of establishing peace at international level in order to
bring harmony among the international family. If you are
thinking about the International Law, then I want to make
clear that International Law is just a weak law or law of
morality which does not capable to establish what we wants.
Therefore, beside it there is always a need of such institution
or organization which work for the only purpose of spreading
love and affection among the countries.
Now we are going to know briefly about such an organization
The League of Nation.
The League of Nation
The time was of first World War, Great War in which the
whole world was suffering from economic, social,
environmental, political as well as international problems.
Central powers (German, Austria-Hungary, Ottoman Empire,
Bulgaria etc.) and Allied powers (France, British Empire, Russian
Empire, USA etc.) are struggling for their purpose in which
millions of people washed their life.
This attracted the attention of all the countries in order to
find some way to stop these problems in future. The thought
of establishing such an organization which works for
establishing peace and security among the international
communities was taken into consideration. Statesmen of the
world had finally decided to establish thee League Of
Nations. In 1918 Lord George, The PM of Britain, in one of his
lecture said that, 'We must seek by the creation of some
international organization to limit the burden of armaments
and diminish the probability of war'. The 14 point
programme, given by President Woodrow Wilson, was became
indispensable for the establishment of The League Of
Nation. Finally by a lot of efforts of the statesmen resulted
in creation of it on 10 January 1920. This organization is
also known as The Child of War because WW1 leads its
foundation.
Slowly slowly its covenant was prepared and organs are got
established. Functions and responsibilities of organs are
decided. Permanent Court Of International Justice was came
into action. Finally all the things were going well.
But its unfortunate time for us that The Covenant of The
League Of Nation became silent and weak on some points
because of which the organs became incapable in performing
their respective functions, which leads failure of The League
Of Nation.

Weaknesses and Defects of The Child Of War


The following are the weaknesses and defects of The League
Of Nation which leads its dissolution:
1. No bar on War
The foundation of The League of Nation is the problems
arises because of First World War. The main thought was
to stop further war situations but its covenant was not
complying with the thoughts. There was no complete
prohibition on war. It was provided in the Covenant that
in case of any dispute the parties will go for arbitration, or
judicial settlement, or inquiry by council. After going
through these means still the dispute was not resolved
then they have to wait for three months after which they
can raise war. This means war was not prohibited
completely because of which this is treated as main
constitutional defect of the League Of nation.
2. US not being member
The Covenant was the result of multilateral international
treatises. The American Constitution provides that before
joing such organization the ratification of all American
Senates is indispensable, only after which it will become
the member of The League Of Nation. American Senates
never signed for the same because of which US could
never become the member of The League Of Nation. It was
very unfortunate that the establishment of The League Of
Nation was carried out by the big effort of the President of
America, Woodrow Wilson, but it couldn't be its member.
3. No place for opposing Amendments
It was also one of the main defect of the Covenant
regarding the Constitutional Amendments. It provides that
if any member of The League Of Nation does not accept
the made amendments, it would be ceased to be the
member of The Organization. Because of such provisions
many of its members ceased to be its member. In the
beginning there were 62 members but at end it rest at 32.
4. Delay in deciding matters in Assembly
There was not the concept of majority decision or minority
decision. All the decision regarding any matter were taken
unanimously. This was good for time being as in our
Constituent Assembly. But it became defect because
states were being divided into various group because of
which it was not possible to decide any case. It destroys
the principle of unanimity which was incorporated int eh
covenant in order to increase the efficacy in the working of
thee organization.
5. Procedure of Withdrawal of Membership
The Covenant of The League Of Nation provides a
provision regarding the withdrawal of the membership. It
provides that in case any member want to leave the
organization then it has to give a notice regarding such
withdrawal. From the date of that notice after two years it
can leave the organization. Such procedure was so lengthy
which became one of the major defect of The League Of
Nation.
6. Incapable in performing functions
The Covenant provides the functions of the organs of The
Child Of War. The main and essential function of the The
League OF Nation was to maintain the international peace
and security and prevent war like situations. But it was
not capable to fulfill all its requirement. Unfortunately
Second World War was taken place which defeats the very
base foundation principle and function of the League Of
Nation.
7. Biased Organization
The Organization was based on the policy of
discrimination between stronger and weaker members.
The Great Powers were dominating the lower. Small states
were not allowed to give their opinion in each case,
whatever Great Powers said that become the law.

Certain events are as following:


When the matter of Italy and Greece came in front
of The League Of Nation, in which Italy had attacked
Corfu Island of Greece, The League Of Nation instead
of helping Greece supported the invasion of Italy and
gave its order in its favor.1
In the matte of Japan & Manchuria, The League Of
Nation was silent.2
In the matter when Italy attacked Ethopia, The
League of Nation didn't take any action against Italy. 3
Russia invaded Finland but The League Of Nation
remain silent.4
These are certain events which play an important role in the
dissolution of The League Of Nation because these events
shows that The League of Nation is not performing its
function properly, has being biased towards Great powers,
unable to maintain the international peace and security.
Conclusion
It was very important effort by the statesmen to build such
an organization which protect the international interest and
provide peace and security to each and every state. But
unfortunately because of lack in Covenant and improper
administration it didn't last for many years.
The dissolution of The League Of Nation was not a full stop
in creating new organization. Once again effort was made in
the same series and for the very same purpose which gives
birth to The United Nation established in 1945 which could
be considered as The Child Of Second World War. The
United nation from that time till today fulfilling all the duties
but it also shows weakness at many point. The day on which
any war occur the purpose of UN also get defeated. But it is
performing well in order to improve the all around standard
of world.

1 Italy-Greece Invasion 1923.


2 Japan-Manchuria Invasion 1931.
3 Italy-Ethopia Invasion 1935.
4 Russai-Finland Invasion 1939.
Bibliography
Book:
● Dr. S. K. Kapoor, International Law & Human Rights,
Edi. 22nd CLA All.

Sites :
● https://en.m.wikipedia.org/wiki/World_War_I
● https://en.m.wikipedia.org/wiki/League_of_Nations#:~:text
=The%20League%20of%20Nations%20(French,ended%20the
%20First%20World%20War.
● Https://www.bbc.co.uk/bitesize/guides/zbg4t39/revision/
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