Liquidation of The LofN

Liquidation of League of Nations Functions
Author(s): Denys P. Myers

Source: The American Journal of International Law, Vol. 42, No. 2 (Apr., 1948), pp. 320-354
Published by: American Society of International Law
Stable URL: http://www.jstor.org/stable/2193676
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LIQUIDATION
OF LEAGUE OF NATIONS FUNCTIONS

BY DENYS P.
MYERS
Introdutction
The Board of Liquidation of the League of Nations closed its accountsas
of July 31, 1947, completingthe dissolutionof the institutionestablished
by the Covenantwhichhad been effectsince January 10, 1920. The dissolution itself-the cessationof all activitiesexcept for liquidation purposes
-had been in effectsince April 19, 1946, the day followingthe adjournmentof the 21st ordinarysession of the Assembly. The combineddissolution and liquidation of the League of Nations was the firstinstance in
historyof the completedisappearance of a major multilateralorganization
and the assumptionof its essential functionsby successors. An examination of the phoenix-likeprocess actually carried out will throwmuch light
upon sundryproblemsof successionin the multilateralactivitiesof states.
The League of Nations was destinedto be supersededby the United Nations from the time of the Dumbarton Oaks Conversations,August 21October 7, 1944. The Conversationsat Dumbarton Oaks produced a new
set of proposals without considerationof their relation to the League of
Nations except the understandingthat the participants would study the
problemsinvolved in transferringfunctionsperformedby the League of
Nations to the United Nations.
The United Nations Conferenceon International Organization at San
Francisco did not advance beyond that point, except that the Charter's
provisions concerningthe Economic and Social Council more definitely
embracedthe full range of such activitiesalready developedby the League
of Nations and the added TrusteeshipCouncil positivelyenvisaged taking
over and developingthe mandatoryfunctionsof the old organization. The
conferencerefinedthe Statute of the Permanent Court of International
Justiceinto that of the Statute of the InternationalCourt of Justice,which
was more closelyintegratedwith the United Nations. The earlier Statute
was set up by a protocolarising out of Article 14 of the Covenant of the
League of Nations; the new one became an annex to the Charter,the Court
was made a "principal organ" of the United Nations, but the provisions
for its relationshipto the mechanismand functioningof the new Organiza*
Specialist on International Organization, Legal Adviser's Office, Department of
State. The writer is alone responsible for the statements in this article, which is not
prepared for or on behalf of the Department of State.
320
LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS
321
tion were not essentiallychanged. Registrationand publicationof treaties

were continued.
Of the 50 states representedat the San Francisco conference,32 were
membersof the League of Nations,' and 12 had previouslybeen members.2
Of the 6 others3 only the United States mighthave been a League member. The currentmembersof the League of Nations not representedat
the conferencewere 13 in number,4the political status of some not being
entirelycertain.
Everyone at San Francisco recognizedthat the League of Nations was
scheduled to go out of existencewith the advent of the United Nations,
but the conferencedid not feel under the necessityof itself facing the
issue. Since it included a majority of the membersof the League the
conferencewas in a position to make provisionfor the inevitable succession along with its preparations to get the United Nations going. The
InterimArrangements6 concluded by the Governmentsrepresentedat the
United Nations Conference on International Organization, signed and
effective
June 26, 1945, coveredthat ground. It establisheda Preparatory
Commissionof the United Nations,with an Executive Committeeof 14, and
provided:
4. The Commissionshall:
(c) Formulate recommendations
concerningthe possible transferof
certainfunctions,activities,and assets of the League of Nations which
it may be considereddesirableforthe new Organizationto take over on
termsto be arranged.
The Machineryof Liquidation

An outline of the mechanismsemployedin the process of planning and
effectingthe liquidation of the League of Nations and the transferof its
functions,powers,activities,and assets at this point will simplifythe presentationby subject and dispense with a comprehensivechronologicalaccount of proceedings. Six main bodies dealt with the matter:
1 Argentina, Australia, Belgium, Bolivia, Canada, China, Colombia, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, Ethiopia, France, Greece,
India, Iran, Iraq, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Norway,
Panama, Poland, Turkey, Union of South Africa, United Kingdom, Uruguay, Yugoslavia.
2 Brazil, Chile, Costa Rica, Guatemala, Haiti, Honduras, Nicaragua, Paraguay, Peru,
El Salvador, Soviet Union, Venezuela.
3Byelorussia, Lebanon, Saudi Arabia, Syria, the Ukrainian Soviet Socialist Republic
and the United States.
4 Afghanistan, Albania, Bulgaria, Estonia, Finland, Ireland, Latvia, Lithuania,
Poland, Portugal, Siam, Sweden, Switzerland.
5 ExecutiveAgreement
Series No. 461.
322
THE AMEICAN
JOURNAL OF INTERNATIONAL LAW
Executive Committee,Preparatory Commissionof the United Nations,

London, August 16-November24, 1945, consistingof representativesof
Australia, Brazil, Canada, Chile, China, Czechoslovakia, France, Iran,
Mexico, the Netherlands,Soviet Union, United Kingdom, United States
and Yugoslavia. Its Committee9 prepared Chapter IX, The League of
Nations,of the Report of the Executive Committee,in 13 meetings,August
31-October 10, 1945.
Preparatory Commissionof the United Nations, London, November24December 24, 1945, consistingof representativesof the 51 membersof the
United Nations. Committee7 in seven meetings,November27-December
17, prepared Chapter XI, the League of Nations, of the Report of the
Preparatory Commission. A special interim Committeeon Tralnsferof
League of Nations Assets, consistingof representativesof Chile, China,
France, Poland, South Africa, Soviet Union, United Kingdom and United
States, was set up December 18 to discuss with the League of Nations
Supervisory Commissiona commonplan for the transferof the assets of
the League of Nations; its report went to the ad hoc Committeeon the
League of Nations, General Assembly.
General Assembly of the United Nations, firstsession, firstpart, January 10-February 14, 1946, consistingof all membersof the United Nations, on February 12, 1946, adopted the report of its ad hoc Committee
on the League of Nations whichsat in two meetings,January 30-February
1, 1946. It created the Negotiating Committeeon League of Nations
Assets,consistingof representativesof Chile, China, France, Poland, South
Africa, Soviet Union, United Kingdom and United States to conferwith
League and Swiss authoritieson mattersarising out of the transfersenvisaged in the CommonPlan included in the reportof the ad hoc committee
to the General Assemblyand approved by the resolutionof February 12.
Assembly of the League of Nations, 21st ordinarysession, April 8-18,
1946, consistingof representativesof 44 members,acting upon reports
of Committeeson General QuestionsAndon Financial and Administrative
Questions. In addition to approval of the CommonPlan for the transfer
of League of Nations assets whichhad been workedout by the Supervisory
Commissionwith the United Nations committee,the Assemblyadopted 12
resolutionsdisposingof League activities.
Board of Liquidation, League of Nations, April 23, 1946-July 31, 1947,
consistingof nine persons, nationals of Bolivia, China, Czechoslovakia,
France, India, Norway, South Africa, Switzerland and the United
Kingdom.
Secretariat of the United Nations, throughwhich agreements,protocols
and otherarrangementsfor transferof assets,activitiesand functionswere
concluded with the Board of Liquidation and transmittedfor appropriate
action to organs of the United Nations or specialized agencies.
323
Development
of UnitedNationsPosition
The Preparatory Commissionof the United Nations, created by the
InterimArrangementsof June 26, 1945, met on the afternoonof that very
day to confirmthe plans. Its Executive Committee,composed of representativesof the Governmentswhich provided the Executive Committee
of the San Francisco Conference,was assigned to meet before the Charter
came into force,and it convenedat London six weeks after the conference
ended. Of its tasks the recommendationsconcerningtaking over from
the League of Nations appeared to be most complex. The Economic and
Social Council would surely work extensivelyin the same fields that the
League of Nations had occupied,6and the experienceof the League Secretariat affordedprecedentsfor organizingthe new Secretariat. Throughout
internationalrelations functions,activities,powers and duties had been
assigned to the League under several hundred multilateraland bilateral
treaties. On the other hand, the "political" functionsof the Leagueroughlyspeaking,the activitiesevolvingfromarticles8-20 of the Covenant
-were entirely superseded by the Charter's chapters on the Security
Council and the General Assembly. Those activities had ceased, but the
non-politicalfunctionswhichhad grownup under article23 of the Covenant
were continuingat Geneva, London, Washington and Princeton and desirably were neitherto be interruptednor diminished. Running through
everyphase of the problemwas the financialelement.
When Committee9 of the Executive Committeeof the PreparatoryCommissionof the United Nations met,therewas considerablefactual information available to it. The League in 1944 and 1945 had issued threepublications with a view to the transferof its powers and duties,7and had
6 The Economic and Social Council of the United Nations was built upon the
essentialidea whichin the last active days of the League of Nations took formin
the CentralCommittee
for Economicand Social Questionsset up in accordancewith
the Bruce report(League of Nations,The Developmentof InternationalCooperation
in Economic and Social Affairs; Report of the Special Committee(A.23.1939)).
That committee
aimed to consolidateand coordinatethe "technical problems" which
the ramifying
activitiesof the League had taken on. These so-called"economic and
social questions" in the League experienceembraced"economie questions-including
inter alia, commercial,
industrialand agriculturalquestions-financialand transport,
and emigrationquestions,questionsof publie healthand hygiene,housing
demographic
as well as the controlof the traffic
and nutrition,
in drugs,prostitution,
child welfare
and otherproblemsof social dangersand social well-being." A CentralCommittee
of statesdesignatedby the League Assemblywas readyto direct
of 24 representatives
all these activitiesin lieu of the Council,when the League's work was interrupted
in 1940.
7 Powers and Duties attributed
to the League of Nations by InternationalTreaties
(C.3.M.3.1944.V.1); List of Conventionswith Indication of the Relevant Articles
conferring Powers on the Organs of the League of Nations (C.100.M.100.1945.V.1);
324
THE AMERICAN JOURNAL OF INTERNATIONAL LAW
continuedthe annual reportsof the Secretary-General,the budget issues,

the Audited Accountsand periodicreportsof the SupervisoryCommission.
The United Kingdom had prepared a comprehensivestudy on the subject,
and other governmentshad given it detailed attention.8 League of Nations officialswere available for consultationduring the early stages of the
United Nations deliberations in which initial plans for transfer were
elaborated.
Committee9 of the Executive Committeeagreed at the outset that it
could not,under the termsof referenceof the InterimArrangements,concern itself with devising the mode of dissolving the League of Nations,
whichwas a matterfor the League itself.
The task of Committee9 of the Executive Committeewas to sort out of
the non-politicaland technicalfunctions,activitiesand assets of the League
of Nations those activities which the United Nations should take over,
whetherthey were institutedby decisions of the League's organs or had
been entrustedto the League by separate treaties. Certain matterswere
eliminatedfromimmediateconsideration:refugees,internationalbureaus,
the Intellectual Cooperation Organization, and special funds connected
with the League structure. Transfers of functions,activities and assets
were possible under eitheran en bloc (or in toto) formulaor under a selective formula. En bloc transferwould result in the United Nations
taking over the functions,activities,or assets fromthe League of Nations
as theystood,leaving the United Nations to discontinue,modify,or liquidate any part in the light of its own policies and conditions. Selective
transferwas contemplatedas authorizingthe appropriate organs of the
United Nations to choosethe functions,activitiesand assets to be assumed,
leaving to the League of Nations the task of liquidating anythingnot taken
over.9 The en bloc formula prevailed and the recommendationof the
Executive Committee,with its accompanyingexplanatory note, reflected
that principle: 10
1. That the functions,activitiesand assets of the League of Nations
be transferredto the United Nations with such exceptionsand qualifiThe Committeesof the League of Nations: ClassifiedList and Essential Facts
(C.99.M.99.1945.V.2).
List of Signatures,Ratificationsand Accessionsin
In addition the Twenty-First
concludedunderthe Auspicesof the League
and Conventions
respectof Agreements
of Nations,July10, 1944,presenteda generalview of the "legislative" workof the
League.
are
8British, Chineseand French documentssubmittedto the ExecutiveCommittee
in its papersas PC/EX/LN 2, 3, 8, and 10.
identified
9 See HenryReiff,TransitionfromLeague of Nations to UnitedNations,4-8 (Departmentof State, Publication2542, UnitedStates-UnitedNations InformationSeries
No. 5).
to the PreparatoryCommission
of the United
10Report of the ExecutiveCommittee
Nations,108.
325
cationsas are made in the reportreferredto above, and withoutprejudice to such action as the United Nations may subsequentlytake with
the understandingthat the contemplatedtransferdoes not include the
political functionsof the League, which have in fact already ceased,
but solely the technicaland non-politicalfunctions.
Chapter IX of the Executive Committee'sreportcontinuedin threesections to examine the various phases of the League's functions,activities
and assets and sketchedthe position which the Preparatory Commission
should recommendwith respect to each. A note attached to the general
paragraph applied the reasoning of the committeeto some specificproblems not positivelydealt with in the body of the report:
The Committeerecommendsthat no political questions should be included in the transfer. It makes no recommendations
to transferthe
activities concerning refugees, mandates or international bureaux.
The contemplatedtransfer will not include transfer of personnel.
Transferof assets and liabilities should imply neitherprofitnor loss
for the United Nations. The problem of separating the financesof
the InternationalLabor Organizationfromthose of the League is left
forlater consideration.
The transferof economicactivitiesis limitedto such workin this field
as the United Nations mightwish to continue; that of the health activities will be subject to any decisions made in the future regarding a
new health organization; and that of the social activitieswould take
place with the understandingthat the questionas a whole will have to
be referredto the competentorgan of the United Nations. The transfer of functionsarising fromtreaties is contemplatedonly as far as
is possible and desirable.
Committee7 (League of Nations) of the Preparatory Commissionused
the Report of the Executive Committeeas its point of departure and devoteditselfto formulatingspecificrecommendations
fromit forthe General
Assembly. At the outset it decided to envisage the assumptionof functions,powers and activities,thus implyingmutuality,but not the transfer
of assets, thus implyingthat the United Nations would receive what the
League of Nations turned over. With this distinctionsettled, the committeeproceeded to consider the two subjects independently.
The Soviet delegate, who had voted against recommendation1 of the
Executive Committee'sreport (quoted above), proposed on November28
"that the Economic and Social Council should considerwhichof its organs
might exercise certain non-politicalfunctionsformerlyperformedby the
League of Nations." 11 He held that no general distinctioncould be drawn
betweenpolitical and non-politicalfunctionsand that each particular function should be given separate, careful and concreteconsiderationbefore a
decisionof the United Nations was taken.'2 Polish amendmentsincluding
11 PC/LN/4. The papers of Committee
7 bear this symbol,the recordsof meetings
being publishedas supplements
to the Journalof the PreparatoryCommission.
12
PC/LN/5.
326
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LAW
"activities" and "technical" functions13were accepted by the Soviet delegate, and a subcommitteeof the delegates of Egypt, Poland, the Soviet
Union and the United Kingdom was appointed to prepare a text.
This drafting committeebrought in a comprehensivereport14 on the
"assumption of certain functions,powers and activitiesof the League of
Nations," which was based on the detailed conclusionsof the Executive
Committee
's report. The Executive Committee
's chosen formula of en
bloc transfer,to which its Report contained many exceptions,was still
furtherwatereddown in Committee7's reportas adopted on December 18,
1945. The survey by the Economic and Social Council was to determine
for the decision of the General Assembly which functionsand activitles
should be assumed with modifications"on or before the dissolutionof the
League" by the United Nations or specialized agencies; and it asked for
continuity,after dissolution of the League, for the Economic, Financial
and Transit Department, and the health and opium secretariats. The
report, in addition to a recommendationconcerningthe transferof the
assets of the League, was in two sections,the firstdealing with the functions and powers belongingto the League of Nations under international
agreements,which was a carry-overfrom the Executive Committee;and
the second dealing with the non-politicalfunctions and activities other
than those mentionedin Section 1. The reportwas believed to cover all
parts of the Report by the Executive Committee,except that relating to
loans issued withthe assistanceof the League, whichany interestedgovernmentcould bring beforethe Economic and Social Council.15
The CommonPlan
Whet the Charterof the United Nations came into forceon October 24,
1945, during the session of the Executive Committeeof the Preparatory
Commission,the League of Nations was in the hands of the Acting Seeretary-General,16
Sean Lester, who succeeded Joseph Avenol on August,
31, 1940, "at a time of great confusionin the affairsof the Secretariat" 17
PC/LN/6, with the discussion at the fourth meeting, PC/LN/7.
PC/LN/9, which was adopted December 18, 1945, as PC/12 and which became
Chapter XI of the RepoTt of the Preparatory Commission, 116.
15 The Executive Committee recommended that the appointment of trustees under
the nine loan contracts made under the auspices of the League should be taken over
by the United Nations. The Soviet and Polish delegates to Committtee 7 objected
in the committee,and the Report dismissed the matter with the reference mentioned.
The paragraph was omitted when the Commission's Report was made into the report
to the General Assembly.(A/28). See, for a review of the loans, E/49 in Economie
and Social Council, OfficialRecords, 2d Session, 330.
16 The Assembly on April 18, 1946 appointed Mr. Lester Secretary-General retroactively as from September 1, 1940 (Records of the . . . 21st Ordinary Session of the
Assembly, 277).
17Records of the . . . 21st Ordinary Session of the Assembly, 114.
13
14
IIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS
327
and the SupervisoryCommission. The Assemblyon September30, 1938,

had given the Secretary-General(and the Director of the International
Labor Officefor that Organization) discretionarypower, "acting with
the approval of the Supervisory Commission,"to take "any exceptional
administrativeor financialmeasuresor decisionswhich appear necessary"
with "the same force and effectas if they had been taken by the Assembly." 18 In December, 1939, the Assembly added to the special powers of the Supervisory Commission those normally exercised by the
Council under the League's Financial Regulations."' The Supervisory
Commissionrealized its object to "preserve intact the structureof the
League of Nations and to provide for the continuedexistenceof each of
its differentinstitutions,even if financialexigenciescompel a contraction
in the scale of operations." 20 Carl J. Hambro (Norway) was chairman
of the Supervisory Commissionin 1939 and thereafterand had further
authorityin virtue of being presidentof the 20th session of the Assembly,
whichwas only adjourned and not closed. In 1940 the commissioncoopted
as a memberAdolfo Costa du Rels (Bolivia), last presidentof the Council,
who by the rules continuedin officeuntil the next session. The commission, which consisted of seven members in 1940, coopted new members
during the war and consistedof ten membersin 1946. The Assemblyby
resolutionof April 18, 1946, took note of the commission'sreports, approved and confirmedits decisions from 1940 to 1946 and expressed its
warm appreciationfor its workduring that period.2'
The chairmanof the SupervisoryCommissionwas in London during the
session of the Executive Committeeof the Preparatory Commissionof the
United Nations, which was advised of the plans of the League. The Secretary-Generalof the League on September 20, 1945, proposed in a telegram to the members of the League that the Supervisory Commission
undertakethe duty, which it was willing to assume, of formulatingwith
the Executive Committeeprovisional terms of transferof League functions, activitiesand assets to the United Nations; on these terms the Assemblywould take finaldecisions,and post-Assemblyresponsibilitiesmight
be left to a competentbody designated by the Assembly. The Supervisory Commissionwould adopt an emergencybudget for 1946 and make
othernecessarysteps. Replies were asked by October 5,22 and on October
18Recordsof the 19thOrdinarySession of the Assembly,
PlenaryMeetings,97, 140.
19Recordsof the 20th OrdinarySession of the Assembly,PlenaryMeetings,27, 45.
20 League of Nations, Report of the SupervisoryCommission,

1943 (C.23.M.23.
1943.X), quoted in Recordsof the . . . 21st OrdinarySession of the Assembly,110.
See Reporton the Workof the League duringthe War (A.6.1946.1945.2),in general,
and the list of publicationsat p. 149.
21 League of Nations,Recordsof the . . . 21st OrdinarySession of the Assembly,
60, 258, 279.
22 Same, 10.
328
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15 the Executive Committeeof the PreparatoryCommissionof the United

Nations was informedthat the Supervisory Commissionas a competent
organ had been appointed to representthe League in any preliminary
discussionswhich mightbe required,the Assemblyreservingto itself the
rightof finalapproval.23 The Executive Committeein the fiveremaining
weeks of its session took little advantage of this opportunity,but in its
reportsuggested"that the PreparatoryCommissionshould appoint a small
Committeeto discuss with the Supervisory Commissionof the League of
Nations the parallel measures that should be adopted by the League of
Nations and the United Nations."124
The PreparatoryCommissionon December 18, 1945, set up a committee
consistingof one representativeof Chile, China, France, Poland, South
Africa, the Soviet Union, the United Kingdom and the United States of
America to enter into discussion with the Supervisory Commission"for
the purpose of establishinga commonplan for the transferof the assets
of the United Nations on such termsas are consideredjust and convenient.
This plan will be subject, so far as the United Nations is concerned,to
approval by the General Assembly."23 The committeewas to consult
representativesof the InternationalLabor Organizationon transferquestions which concernedit, and to have regard to the views of the Executive
Committeeon the transferof the League archives,Library, assets and liabilities, and the PermanentCentral Opium Board and SupervisoryBody.
The committeewas recommendedto submit the plan for approval to the
General Assembly.
The Committeeon Transfer of League Assets of the United Nations
held on January 4-28, 1946, a series of seven meetingsby itself and four
meetingswith the Supervisory Commission,togetherwith the SecretaryGeneral of the League, the Treasurer, Seymour Jacklin, and the Acting
Directorof the InternationalLabor Office,Edward J. Phelan. The SupervisoryCommissionsubmitteddraftsfor discussionon the transferof assets,
the use by the InternationalLabor Organizationof the AssemblyHall and
Library, the Judges' Pensions Fund, and inventoriesof the moveable
assets of the League.26
The negotiationsproducedthe CommonPlan for the Transferof League
of Nations Assets,whichwas presentedto the League of Nations Committee of the GeneralAssembly (firstpart of the firstsession) on February 1,
1946. That ad hoc committee,consistingof representativesof all members of the United Nations, approved the Plan as an annex to its report
23 League of Nations,Report on the Work of the League of Nations duringthe
War, 8 (A.6.1946.1945.2).
of the PreparatoryCommission
of the United
24Reportof the ExecutiveCommittee
Nations,109 (PC/EX/113 Rev. 1).
25Reportof the PreparatoryCommission
of the United Nations,118 (PC/20).
26 The papers are in the UnitedNations seriesA/LA/W,nos. 4, 8, 9, and 11.
329
on League of Nations assets. The Plan was,describedto the committeeas

a settlementthat was, as far as possible,a clean sweep excluding all questions that mightlead to later complications,definiteand final as regards
financialaspects of the question,and "just and convenient,"as instructed
by the PreparatoryCommission.
The League of Nations Committeeof the General Assembly examined
the CommonPlan with the schedule of values to be transferredand two
inventorieswithoutdirect comment,but discussed the report of the Committeeon Transfer of League of Nations Assets.27 It spent most of the
time at its single meetingin revisingthe Report of the Preparatory Commission into its own Assembly report,making only minor changes aside
fromthe adaptation in the firsttwo sections.28 Section III of resolution
24 (I) of the General Assembly,February 12, 1946, approved the Common
Plan:
29
The General Assembly,having consideredthe reportof the Committee set up by the PreparatoryCommissionto discuss and establishwith
the SupervisoryCommissionof the League of Nations a commonplan
forthe transferof the assets of the League of Nations,approvesof both
the report of the Committeeset up by the Preparatory Commission
and of the commonplan submittedby it.
The SupervisoryCommissionof the League of Nations made a reportand
which referredit to the
transmittedthe CommonPlan to the Assembly,30
Second (Finance) Committee. That committeespent most of its time reviewingand approvingthe reportsof the SupervisoryCommission. At its
101st session, April 5-10, the commission"endeavored to establish principles on which the distributionof the League assets will be based" and
set down nine points in a scheme.3' The rapporteurof the Supervisory
Commissionpresented the Scheme of Distributionon April 13, 1946, to
the Second Committee,which approved it.32 The text was included textu27United Nations, Official Records . . . of the General Assembly, League
of
Nations Committee
. . . 30 Jan.-I Feb. 1946. The reportof the committee(A/18)
annexed,includingthe
is printedat p. 11, withthe CommonPlan and its attachments
inventories.
28The reportof the League of Nations Committeeis A/28, printedin Official
Records . . . of the General Assembly, Plenary Meetings . . . Verbatim Records, 10
Jan.-14 Feb. 1946, 598. The approval,withoutdebate,is at p. 401.

29 UnitedNations,Resolutions
adoptedby the GeneralAssembly..
Feb. 1946, 36 (A/64).
50
10 Jan. to 14
Records of the . . . 21st Ordinary Session of the Assembly, 217.
The report
on the meaningof various paragraphsin consonancewith the reportto

commented
the GeneralAssemblyof the United Nations. Both sets of commentswill be woven
into the discussionof specificsubjects in this paper.
81 Same, 176.
32Same, 126.
330
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ally in the reportof the committee,the resolutionsand decisions of which

were approvedby the Assemblyon April 18.83
Parallel to this action the United Kingdom introducedin the First Committee (General Questions) on April 12 a draft resolutionfor the dissolution of the League which was revised by both committeesand approved
unanimouslyby the Assemblyon April 18 containingthis paragraph:84
The Assemblyapproves and directsthat effectshall be given in the
mannerset out in the Report of the Finance Committeeto the "Common Plan for the Transfer of League of Nations Assets," which was
drawn up jointly by a United Nations Committeeand the Supervisory
Commission,acting respectivelyon behalf of the United Nations and
the League of Nations,and was approved by the General Assemblyof
the United Nations on February 12, 1946.
Dissolution of the League
The Assemblyof the League of Nations was convokedfor its 21st and
last session by the Secretary-Generalfor April 8, 1946, at Geneva. The
agenda consisted of 16 items, which included the "dissolution of the
League" as the pivot on which all other items hung. At 11 A.M. President Carl J. Hambro (Norway) convened the sixth plenary meeting of
the 20th session,which had adjourned on December 14, 1939, in order to
close it. The 21st session's firstplenary meetingmet at noon and organized with 35 delegationspresent.35 Aside fromthe unanimous election of
Mr. Hambro as president,the proceedingsfollowedthe usual pattern,including the debate on the work of the League, which consistedof 22 impressive reviews of the League's record. The agenda was distributedto
only two committees,the First (General Questions) and the Second
(Finance).
The proceedingswere as direct and smooth as could be conceived, in
sharp contrastto the mental and legal flurrieswhich had worried many
officialsand othersas to how an internationalorganizationmightbe wound
up and its estate inheritedby another. There was not the slightesttrace
of a rump of League memberswhichrefusedto go along with the majority,
seeking to hold the Covenant in suspended animation indefinitely. Nor
was thereany effortto avoid the plain act of dissolutionby hiding behind
S8 Same, 61-62. The passage of the reportwhichwas approvedis at p. 266; the
formalresolutionat p. 280.
84Same, 63, 281; the originaldraft at p. 80.
Republic,
85 Same, 11. The membersrepresentedwere Afghanistan,Argentine,
Denmark,
Australia,Belgium,Bolivia, Canada, China,Colombia,Cuba, Czechoslovakia,
DominicanRepublic,Ecuador, Egypt, Finland, France, Greece,India, Iran, Ireland,
Luxembourg,Mexico, Netherlands,New Zealand, Panama, Poland, Portugal, South
Africa, Sweden, Switzerland,Turkey, United Kingdom, Yugoslavia. An observer
was admittedby resolutionApril 12.
of the AustrianGovernment
LIQUIDATION
OF LEAGUE
OF NATIONS
FUNCTIONS
331
a dubious subterfugeof placing the Covenant in desuetude. No one attemptedto invokethe doctrineof rebus sic stantibus.
Under the Covenantboth the Assemblyand Council mightdeal with any
matterwithinthe sphere of action of the League. The Council met last
in December,1939, when it was composedof representativesof France and
the United Kingdom as permanentmembersand of the followingnon-permanent members,Belgium, Bolivia, China, Dominican Republic, Egypt,
Finland, Greece, Iran, Peru, South Africa, Yugoslavia. The elective
termsof all non-permanent
membershad expiredby 1946 and theirpresent
tenurewas technicallydue to the non-electionof theirsuccessors.
The General Committeedid not considerthat a meetingof the Council
was necessarybut thoughtthat the Assemblyshould make sure that it possessed authorityto act upon any responsibilitiesnormallyfalling within
the competenceof the Council. The General Committeerecommendedand
the Assemblyon April 12 adopted a resolutioncoveringthe point: 836
The Assembly,withthe concurrenceof all the Membersof the Council which are representedat its presentsession,decides that, so far as
is required, it will, during the present session, assume the functions
fallingwithinthe competenceof the Council.
The First Committeepassed upon questions relating to the assumption
of functions,powersand activitiesby the United Nations beforetaking up
the pivotal matterof the dissolutionof the League, The delegationof the
United Kindom on April 12 37 introduced the draft of a comprehensive
resolution,whichworkedup proposals that had been submittedin advance
to all members.38 The unanimousvote of 34 states39 in the final plenary
meetingof April 18 gave effectto the followingfundamentaldecision:
The Assemblyof the League of Nations,
Consideringthat the Charterof the United Nations has created,for
purposes of the same nature as those for which the League of Nations
was established,an internationalorganizationknown as the United
Nations to whichall States may be admittedas Memberson the conditionsprescribedby the Charterand to whichthe great majorityof the
Membersof the League already belong;
36 Same, 48; the report of the General Committeeat p. 212.
37 Same, 62; 281; the report at p. 253.
38 Same, 82.
39 The roll call recorded the affirmativevotes of Afghanistan, Argentine Republic,
Australia, Belgium, Bolivia, Canada, China, Cuba, Czechoslovakia, Denmark, Dominican
Republic, Ecuador, Egypt, Finland, France, Greece, India, Iran, Ireland, Luxembourg,
Mexico, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Sweden,
Switzerland, Turkey, Union of South Africa, United Kingdom, Uruguay, Yugoslavia;
Afghanistan, Finland, Ireland, Portugal, Sweden and Switzerland were the only
states not members of the United Nations. The members of the League not present
and voting were Albania, Bulgaria, Colombia, Estonia, Ethiopia, Iraq, Latvia, Liberia,
Lithuania, Siam.
332
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Desiring to promote,so far as lies in its power, the,continuation,

developmentand success of internationalcooperationin the new form
adopted by the United Nations;
Consideringthat,since the new organizationhas now commencedto
exerciseits functions,the League of Nations may be dissolved; and
Consideringthat,under Article 3, paragraph 3, of the Covenant,the
Assemblymay deal at its meetingswith any matterwithinthe sphere
of action of the League:
Adopts the followingresolution:
Dissolution of the League of Nations
1. (1) With effectfromthe day followingthe close of the present
session of the Assembly [i.e., April 19], the League of Nations shall
cease to existexceptforthe sole purpose of the liquidation of its affairs
as provided in the preselntresolution.
(2) The liquidation shall be effectedas rapidly as possible and the
date of its completionshall be notifiedto all the Membersby the Board
of Liquidation provided for in paragraph 2.
21. On the completionof its task,the Board shall make and publish
a reportto the Governmentsof the Membersof the League giving a
full accountof the measureswhichit has taken,and shall declare itself
to be dissolved. On the dissolutionof the Board, the liquidation shall
be deemed to be completeand no furtherclaims against the League
shall be recognized.
It is legally significantthat the Assembly dissolved the "League of
Nations" and did not abrogate, denounce,declare null and void or otherwise pronounceon the status of the Covenant,which containsno provision
for its cessationeitherin itselfor as Part I of four treatiesof peace. The
machineryceased to exist by decision of the whole membershipspeaking
throughits organ the Assembly which, constitutionallyqualified to deal
with matters"within the sphere of action," by corollaryapplication decided on the permanentinaction of the League, as respects both organs
and functions.40 Cessation began the day after the decision, the lapse
between decision and effectprecluding a question of validity based on
timing.
Transfersto and Assumptionsby the United Nations
The general schemefor transmissionof functions,powers and activities
fromthe League of Nations to the United Nations was laid down in the
Report by the Executive Committeeto the Preparatory Commissionof
the United Nations. The Preparatory Commission's Report4' referred
40 Compare the Roman law: Obligationesquae consensu contrahuntur
contraria
voluntatedissolvuntur
(Inst. 3, 29, 4).
41 A/28,Official
Recordsof the GeneralAssembly,PlenaryMeetings. . . 10 Jan. to
14 Feb. 1946, 598.
LIQUIDATION
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OF NATIONS
FUNCTIONS
333
the substance of those conclusionsto the General Assembly,to which its

League of Nations Committeesummarizedthem in a resolutionas United
Nations policy. The resolution42 adopted by the General Assembly on
February 12, 1946, recitedin sectionI that it was, or mightbe, desirable
that the United Nations should provide for the continuanceof numerous
functionsafter the dissolutionof the League of Nations which it and its
organs had exercised under various treaties,conventions,agreementsand
other instruments.
Noting that certain membersof the United Nations, which were parties
to some of the instrumentsand also membersof the League of Nations,
intended in the Assembly of the League to "move a resolutionwhereby
the membersof the League would, so far as this is necessary,assent and
give effectto" them,the General Assembly laid down these conditions:
1. The General Assembly reserves the right to decide, after due
examination,not to assume any particular functionor power, and to
determinewhich organ of the United Nations or which specialized
agency brought into relationship with the United Nations should
exercise each particular functionor power assumed.
2. The General Assemblyrecordsthat those Membersof the United
Nations which are parties to the instrumentsreferredto above assent
by this Resolutionto the steps contemplatedbelow and express their
resolveto use their good officesto secure the cooperationof the other
parties to the instrumentsso far as this may be necessary.
3. The GeneralAssemblydeclaresthat the United Nations is willing,
in principleand subject to the provisionsof this Resolutionand of the
Charterof the United Nations,to assume the exerciseof certainfunctions and powers previouslyentrustedto the League of Nations. ...
The systemof registrationof treaties under article 18 of the Covenant
was continuedby article 102 of the Charter,and the General Assemblyof
the United Nations in a resolution43 of February 10, 1946, provided for
continuationof the League of Nations Treaty Series. In connectionwith
that decisionthe resolutionof February 12 containedthis invitation:
The General Assembly declares that the United Nations is willing
to accept the custodyof the instrumentsand to charge the Secretariat
of the United Nations with the task of performingfor the parties the
functions,pertainingto a secretariat,formerlyentrustedto the League
of Nations.
The preamble of that paragraph fairly described the functionswhich
the League Secretariathad accumulatedin 25 years:
The receipt of additional signaturesand of instrumentsof ratification, accession and denunciation;receipt of notice of extensionof the
42 Resolutionsadopted by the GeneralAssembly. . . 10 Jan. to 14 Feb. 1946, 35
(A/64).
43Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33.
This transferwas specifically

mentioned
in the resolutionof Feb. 12, sectionII, 2.
334
instrumentsto colonies or possessionsof a party or to protectorates

or territoriesfor which it holds a mandate; notificationof such acts
to other parties and other interestedstates; the issue of certified
copies; and the circulation of informationor documentswhich the
parties have undertakento communicateto each other. Any interruption in the performanceof these functionswould be contraryto
the interests of all the parties. It would be convenient for the
United Nations to have the custody of those instrumentswhich are
connected with activities of the League of Nations and which the
United Nations is likely to continue.
The First Committee of the Assembly of the League on April 9,
unanimouslyapproved a draft resolutionproposed by the delegates of the
United Kingdom, Canada, Denmark,New Zealand, Portugal and Sweden.
The Assembly adopted it on April 18 as follows: 44
1. Custody of the Original Texts of InternationalAgreements.
The Assembly directs that the Secretary-Generalof the League of
Nations shall, on a date to be fixedin agreementwith the SecretaryGeneral of the United Nations, transfer to the Secretariat of the
United Nations, for safe custody and performanceof the functions
hithertoperformedby the Secretariat of the League, all the original
signed texts of treatiesand internationalconventions,agreementsand
other instruments,which are deposited with the Secretariat of the
League of Nations, with the exception of the Conventions of the
International Labor Organization,the originals of which and other
related documentsshall be placed at the disposal of that Organization.
The Treaty RegistrationService of the League of Nations Secretariat
was transferredto the United Nations August 1, 1946. The SecretaryGeneral of the League on August 8 notifiedgovernmentsof its closing and
requested that in future treaties for registrationand related documents
be addressed to the United Nations Secretariat." The Archives, considered as "an irreplaceableand invaluable record of the historyof international cooperationbetween the two world wars," were not removedas
a whole fromthe Palais des Nations. Only currentlyneeded filesare sent
to New York and special arrangementsare made forthe needs of specialized
agencies. The functionsunder internationalinstrumentswere effectively
transferredby October 1, 1946, but the disposal of the archives was not
settled until exchangesof notes February 24-March 27, 1947.48
With respect to functions,other than secretarial,under treaties that
had been assigned to or assumed by the League of Nations, the General
44 Recordsof the . . . 21st OrdinarySession of the Assembly,
57, 75, 278; see also
250.
the Reportof the First Committee,
45 League of Nations,Board of Liquidation,
First InterimReport,3.(C.83.M.83.1946);
Final Report,16. The archivalfile consistedof 4,834 registeredtexts and 18 fled
texts,publishedin 205 volumes.
46 Same, FourthInterimReport,12 (C.4.M.4.1947).
LIQUIDATION
OF LEAGUE
OF NATIONS
FUNCTIONS
335
Assembly took a more cautious position.47 Those instrumentswere, in

the view of the General Assembly,either technical and non-politicalor
"political" in character. The firstcategorycontained"provisions, relatwhose due executionis dependent
ing to the substance of the instruments,
on the exercise, by the League of Nations or particular organs of the
League, of functionsor powers conferred"by them. The United Nations
would examine carefullywhich of its organs or specialized agencies were
to maintain the functions and powers that were connected with such
instruments. The second category consisted of various clauses, compromisoryprovisions, protection of minorities,protection of the Free
City of Danzig, specific jurisdiction conferred on the Council of the
League, etc., as well as attributionsof a more general character.
With respectto functionsand powers of "a technical and non-political
character" the General Assembly of the United Nations in its resolution
of February 12: 48
I.B. The General Assemblyis willing,subject to these reservations
[intimateconnectionwith activitiescontinuedby the United Nations
and careful assignmentto an organ or agency], to take the necessary
measures to ensure the continued exercise of these functions and
powers,and refersthe matterto the Economic and Social Council.
II. 1. The General Assembly requests the Economic and Social
Council to surveythe functionsand activitiesof a non-politicalcharacter which have hithertobeen performedby the League of Nations
in order to determinewhich of them should, with such modifications
as are desirable, be assumed by organs of the United Nations or be
entrustedto specialized agencies which have been brought into relationshipwith the United Nations....
With respectto the second categorythe General Assemblyresolved:
I.C. The General Assembly will itself examine,or will submit to
the appropriate organ of the United Nations, any request from the
parties that the United Nations should assume the exercise of functions or powers entrustedto the League of Nations by treaties,international conventions,agreements and other instrumentshaving a
political character.
Those formulas expressed the final compromisebetween the en bloc
and selectiveprincipleswith which the Executive Committeeof the Preparatory Commissionstruggled; in the League and later the category
distinctionwas not maintained.
In the First Committeeof the Assembly of the League of Nations the
proposal introducedon April 9 by the delegates of the United Kingdom,
47 The League of Nations had made available a surveyof the Powers and Duties
Attributedto the League of Nations by InternationalTreaties (C.3M.3.1944.V.1),
whichlisted themin 20 categories.
48Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33
(A/64).
336
Canada, Denmark,New Zealand, Portugal and Sweden attemptedto meet

the condition. The draft met approval in the committee,the delegates
of Portugal and Switzerlandexpressingthe hope that the United Nations
would not conduct the activities "within a closed circle" and would
allow non-membersto be associated with them as formerly. The resolution went throughthe Assembly on April 18 with an addition that the
assumptionof activitiesbe withoutinterruption. The resolutionas adopted
reads:49
2. Functions and Powers arising out of International Agreements

of a Technical and Non-politicalCharacter.
The Assembly recommendsthe Governmentsof the Members of
the League to facilitate in every way the assumptionwithout interruptionby the United Nations,or by specialized agenciesbroughtinto
relationshipwith that organization,of functionsand powers which
have been entrustedto the League of Nations, under international
agreementsof a technical and nonpoliticalcharacter,and which the
United Nations is willing to maintain.
Some of those functionswere not specificallyunder internationalagreements and the First Committeewished the transfernot to be interrupted
by the dissolution of the Secretariat, the personnel of which had been
given notice of terminationof employmenton July 31. It thereforeput
through a resolution to ensure service during the transition,which the
Assemblyadopted on April 18: 50
The Assembly directs the Secretary-Generalof the League of
Nations to affordevery facility for the assumption by the United
Nations of such nonpolitical activities, hitherto performedby the
League, as the United Nations may decide to assume.
By August 1, 1946, the Secretariat of the League was reduced to 76
had
persons as against 246 on June 1 and in those two months65 officers
transferredor seconded to the United Nations along with their functions,
as well as 50 establishmentemployees. Transferof the functionsaffecting
the staffof the Library, the Internal Services, the Supplies Service, the
General StenographicService and the Roentgenographicand Multigraph
Service, togetherwith their personnel, was made by a protocol dated
August 1, 1946,51to the agreementof July 19, 1946. The League staffwas
progressivelyreduced by transfer or terminationto 19 higher officers
who continued with the Board of Liquidation until its dissolution in
July, 1947.
Recordsof the . . . 21st OrdinarySession of the Assembly,57, 75, 86, 250, 278.
Same, 58, 87, 251, 278. The General Assemblyof the United Nations in its
resolutionof February12 (sectionII, 3) consideredit to "be desirablefor the Secrepersonnel"as wereperto engage . . . such membersof the experienced
tary-General
formingworktaken over fromthe League.
51 Same, First InterimReport,18 (C.83.M.83.1946); Resolutionsadopted by the
49
50
General Assembly . . . 23 Oct. to 15 Dec. 1946, 143 (A/64/Add.1).
337
Pending formaltransferthe United Nationsarrangedwiththe SecretaryGeneral of the League for continuanceby the League Secretariat of the
activitieswhichshould not be interrupted,whichwere listed in the resolution of February 12 as: The Economic,Financial and Transit Department,
the Health Section, the Opium Section and the secretariatsof the Permanent Central Opium Board and SupervisoryBody.52
At its firstthree sessions,January 23-February 16, May 25-June 21,
September 11-December 10, 1946, the Economic and Social Council organized itself,establishedunder Article 68 of the Charterthe commissions
which in general would succeed to the "technical and non-political"
activities of the League. The following were created: Commissionon
Social ComHuman Rights,53Economic and EmploymentCommission,54
Communicaand
Transport
temporary
mission,55Statistical Commission,50
and
later
the Comtions Commission,57 Commissionon Narcotic Drugs,58
Population
and
mission on the Status of Women,59Fiscal Commissioh,00
Commission."' Into the termsof referenceassigned to these commisions,
the inheritedworkof the League
someof whichwere given subcommissions,
noted by the
of Nations was fitted.02A reportby the Secretary-General,
39 (A/65).
United Nations, Report of the Secretary-General,
Economicand Social Council,OfficialRecords,1st session,163; transferdetails
in E/38, same,2d session,224-42.
54Same, 1st session,165; transferdetailsin E/40, same,2d session,242-269; terms
391.
of reference,
55Same, 1st session,166; transferdetails in E/41, same,2d session,269-313; terms
402.
of reference,
56 Same, 1st session,167; transferdetails in E/39, same,2d session,207-224; terms
398.
of reference,
57Same, 1st session,169; transferdetailsin E/42, same,2d session,164-207; terms
395.
of reference,
58 Same, 1st session,168.
59 Same, 1st session, 104, 163; separated from Commissionon Human Rights,
405.
E/38/Rev.1, same,2d session,234; termsof reference,
60 Same, 2d session,E/54, 327; Resolutionsadopted by the Economicand Social
52
53
Council . . . 11 Sept. to 10 Dec. 1946, 2.
6f Resolutionsadopted by the Economic and Social Council. . . 11 Sept. to 10

December1946, 3. The Structureof the UnitedNations issued by the Departmentof
Public Information(1947.1.12) showsthe compositionof the Secretariat,as well as
of the commissions.Summariesof activitiesmay be found in the Reportsby the
Economicand Social Council to the General Assembly,A/125 and A/382 and the
on the Work of the Organization,A/65 and
AnnualReportsof the Secretary-General
A/315 (OfficialRecordsof the SecondSession of the GeneralAssembly,Supp. No. 1).
62 The League of Nations bodies at the dissolutionwere: Economie Committee,
of StatisticalExperts,Coordination
Committee
Fiscal Committee,
Financial Committee,
Committeeon Economic and Financial Questions,Committeeof Experts for the
and Transit,Health
Study of DemographicProblems,Committeefor Communications
AdvisoryCommitteefor the Eastern Bureau of the Health Organization,
Committee,
on Trafficin Opiumand OtherDangerousDrugs, AdvisoryComAdvisoryCommittee
of Experts on Slavery,International
mitteeon Social Questions,AdvisoryCommittee
338
THE
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Economic and Social Council on October 2, 1946,8esummarizedthe plans

of the Social, Narcotic Drugs, Statistical,and Transport and Communications Commissionsand the Preparatory Committeefor the International
Health Conference. The General Assembly,with the same report before
it, adopted on December14, 1946, a resolutionauthorizingand requesting6f4
the Economic and Social Council to assume and continuethe non-political
functionsand activities of the League of Nations previously performed
by the various committeesand commissionsof the League with the exceptionof:
(a) Those functionsand activities exercised pursuant to international agreements;
(b) Those functionsand activitiesentrustedto specialized agencies
which have been, or are to be, brought into relationshipwith the
United Nations,under Articles 57 and 63 of the Charter.
Transfersof Fwnctions
The opium problem was the firstof the transferredfunctionsto be
assimilated by the United Nations. The control system could not be
interrupted,for the League functionswere part of the application of the
series of treaties in force for almost the entire world. The Narcotics
Division, Departmentof Social Affairs,of the United Nations Secretariat
took over from the League Secretariat on August 1, 1946, and arrangements were completedto fuse with it the secretariatsof the Permanent
Central Opium Board and Supervisory Body. A memorandumby the
Secretariat on the transferby a draft protocol of the functionsunder
the conventionsand agreementscame beforethe Council with observations
by several governmentson September12, on the basis of whichresolutions
and a draft protocol were approved October 3.65 In the report of its
Third Committee66 the General Assemblyon November19, 1946, approved
the "protocol amending the agreements,conventionsand protocols on
Committee
on IntellectualCooperation. For a summaryof theirworkin the separate
fields,see Essential Facts about the League of Nations, 10th edition,1939, issued
by the Secretariat,Information
Section.
63 Resolutions
adoptedby the Economicand Social Council. . 11 Sept. to 10 Dec.
1946,50 (E/245/Rev.1).
64 Resolutionsadopted by the GeneralAssembly. . . 23 Oct. to 15 Dec. 1946, 79
(A/64/Add.1).
65 Resolutions
adoptedby the Economicand Social Council. . . 11 Sept. to 10 Dec.
1946, 13 (E/245/Rev.1) quotingE/116 and E/168/Rev.2, entitled"Transfer to the
UnitedNations of Powersexercisedby the League of Nationsunderthe International
Agreements,
Conventions
and Protocolson NarcoticDrugs." See also Reportof the
Eeonomic and Soeial Couneil, 23 Jan.-3 Oct. 1946, 49-56 (A/125), and General
Assembly,Reportof the ThirdCommittee,
A/194.
66Resolutions adopted by the General Assembly...
23 Oct. to 15 Dec. 1946, 81
(A/64/Add.1).
339
narcotic drugs concluded at The,Hague on January 23, 1912, at Geneva

on February 11, 1925, February 19, 1925, and July 13, 1931, at Bangkok
on November27, 1931, and at Geneva on June 26, 1936." This protocol,
dated December 11, 1946, comes into force by signature,by "signature
subject to approval followedby acceptance, or acceptance." It was designed to amend the instrumentsto substitutethe United Nations organs
and the World Health Organization for the League of Nations organs
and the Officeinternationald'hygiene publique and to make the changes
in the interimuntil the protocolitselfwas in forcefor each signaeffective
tory. Annexesspecifiedthe textualchangesto be made in each instrument,
when a majorityof its parties had "accepted" the
which became effective
protocol.67 On February 24, 1948 there were 34 parties to the protocol
which had completed"acceptance" and 20 signatoriesrequiring "acceptance."
The Economic and Social Council took resolutionson recommendation
of the Commissionon Narcotic Drugs on a number of subjects, including
an appointmentto the Permanent Central Opium Board, on March 28
and August 13, 1947.68
Publication of the Summary of Annual Reports on Trafficin Drugs
and the QuarterlySummaryof Drug Seizure Reports,as well as the conventionalEstimatesof World Requirements,was continued.
The temporary Social Commission reviewed for the Economic and
Social Council the work of the League of Nations in a report of May 21,
1946,69 of whichthe Council took note on October2 for transmissionto the
General Assembly. The commissionrecommendedthat all measures designed to prevent the trafficin women and children should be actively
pursued; that the work on child welfare should be continued with a
bolder approach, including emphasis on the Declaration of the Rights of
the Child (1924) and co6perationon particular aspects with other international organizations;that the experienceof Geneva with the problemof
crimeand the treatmentof offendersindicated that it must take its place
67 The amendmentsto instrumentscame into force as follows: convention of Jan. 23,
1912 on Feb. 24, 1948; agreement of Feb. 11, 1925 on Oct. 27, 1947; conventionof Feb.
19, 1925 on Feb. 3, 1948; convention of July 13, 1931 on Nov. 21, 1947; agreement of
Nov. 27, 1931 on Oct. 27, 1947; conventionof June 26, 1936 on Oet. 10, 1947.
The protocol was in force for the United States on August 12, 1947 (Treaties and
other International Acts Series 1671).
68 Resolutions adopted by the Economic and Social Couneil . . . 28 Feb. to 29 Mar.
1947, No. 49 (IV), 37 (E/437); ibid., 19 July to 16 Aug. 1947, No. 86 (V), 55
(E/673); see also George A. Morlock, "Resolutions adopted by the Economic and
Social Council relating to Narcotic Drugs," Department of State Bulletin, XVI, 687.
69 E/41, appended to the Report of the Secretary-General on the Transfer to the
United Nations of Non-Political Functions and Activities of the League of Nations,
other than those Belonging to the League under International Agreements (E/177/Rev.
1), reprinted in Resolutions adopted by the Economic and Social Couneil . . . 11 Sept.
to 10 Dec. 1946, no. 23 (III), 54 (E/245/Rev. 1) and incorporated in A/134.
340
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with other social questions with a view to providing effectivemachinery

for studying,on a wide internationalbasis, the means for the prevention
of crime and the treatmentof offenders.
The Economic and Social Council requestedthe Social Commissionby a
resolutionof June 21, 1946, to consider the best way of carryingon the
functionswith referenceto the trafficin women and children,and by a
furtherresolutionof March 29, 1947, recommendedthe procedurefollowed
with respect to narcotic drugs.70 A third resolutionof August 14, 1947,
recommendedthe General Assemblyto approve assumptionof the functions
and powers exercisedby the League of Nations in respect of the suppression of the trafficin women and children and of obscene publications.1
The General Assembly's resolutionof October 20, 1947, commendedto the
parties two protocols, which were signed on November 12, 1947. One
protocolamends the conventionfor the suppressionof the trafficin women
and children concluded at Geneva on September 30, 1921, and the convention for the suppressionof the trafficin women of full age concluded
at Geneva on October 11, 1933. The otherprotocolamends the convention
of September 12, 1923, for the suppression of the circulation of and
trafficin obscene publications. Two resolutions of the Economic and
Social Council on August 14, 1947, aimed to complete consolidation of
this work. One requested the Secretary-Generalto find whether the
French Governmentwould transferto the United Nations its functions
under the agreementof May 18, 1904, and the conventionof May 4, 1910,
for the suppressionof the white slave trafficand under the agreementof
May 4, 1910, for the suppression of obscene publications.72 The other
resolution contemplated unificationof the 1904, 1910, 1921, and 1933
instrumentson trafficin women and children along with the League of
Nations draftconventionof 1937 regardingthe exploitationof the prostitution of others. The General Assembly recommendedthat effectbe given
to the provisionsof the protocolspending their entryinto force. In this
field the League of Nations issued a Summary of Annual Reports on
Trafficin Women and Children and a Summary of Annual Reports on
Circulation of and Trafficin Obscene Publications.
The Economic and Social Council on June 21, 1946,referredto the Social
Commissionthe subject of child welfare, to be handled by a specially
constitutedsubcommission.73On March 29, 1947, a furtherresolutionapproved the Social Commission'sundertakingthe functionsand activities
70 Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29 Marel
1947, 24 (E/437).
71Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug.
1947, no. 81 (V), 45 (E/573).
72 Same, No. 82 (V),
53.
73 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec.
1946, 61 (E/245/Rev. 1).
LIQUIDATION
OF LEAGUE
OF NATIONS
FUNCTIONS
341
formerlyexercisedby the League of Nations and requestedthe SecretaryGeneral to provide the necessary research material. The General Assembly, however, on December 11, 1946, established the International
Children's Emergency Fund and its program for the time occupies the
concernof a special committeeof the Economic and Social Council.74
The Economicand Social Council on March 29, 1947, approved the Social
Commission'srecommendation
that it considerthe question of the prevention of crime and treatmentof offenderson a broad internationalbasis.75
It is to consultwith the InternationalPenal and PenitentiaryCommission,
prQvidedit has severed relationswith the Franco governmentof Spain.76
The General Assemblyof the United Nations in the resolutionof February 12, 1946, especially charged the Economic and Social Council to assume and continuethe work of the League's Health Section, particularly
the epidemiologicalservice. At the San Francisco conferenceaction on a
motionto establish a health organizationwas postponed. The Economic
and Social Council appointedon February 15, 1946, a PreparatoryTechnical Committeefor an InternationalHealth Conferencewhich produced a
draft constitutionfor an organization. The InternationalHealth Conference at New York,June 19-July22, 1946,incorporatedin its finalact a resolution regardingthe activitiesof the League of Nations Health Organization, established the Constitution of the World Health Organization,
createdby an arrangementan InterimCommission,and drew up a protocol
disposingof the Officeinternationaled'hygienepublique.77 On the recommendationof the Economic and Social Council the General Assemblyin a
resolutionof December 14, 1946, recommendedacceptance of the Constitution by all membersof the United Nations and by the 13 states which
sent observersto the conference;instructedthe Secretary-Generalto transfer to the Interim Commissionthe functionsand activitiesof the League
Health Organization, and approved loans of $300,000 for 1946 and
$1,000,000 for 1947 to the Interim Commissionto meet its expenses.78
The Weekly Epidemiological Record, the Epidemiological Report and the
74 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dee. 1946, no.
57 (I), 90 (A/64/Add.1); Resolutions adopted by the Economic and Social Council
. . .28 Feb. to 29 March 1947, no. 44 (V) 27 (E/437); ibid., 19 July to 16 Aug.
1947, nos. 79 (V) and 80 (V), 39, 40 (E/573).
75Resolutions of the Economic and Social Council . . . 28 Feb. to 29 March 1947,
no. 43 (V), 24 (E/437).
78 This condition is stipulated in all transfers or arrangements for relationships. It
is inserted pursuant to a resolution of the General Assembly of February 9, 1946
applied with respect to protocols, etc. in these terms: "all actions under these
[instruments] should be suspended with respect to the Franco Governmentin Spain
as long as that Governmentis in power.")
77 International Health Conference . . . Report of the United States Delegation
(Department of State Publication 2703) is a convenient summary,with the texts.
78 Resolutions adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no. 61
(I), 96 (A/64/Add.1).
342
Bulletin of the Health Organizationare continuedfromtheir transferon

August 1, 1946. The agreement between the United Nations and the
World Health Organizationbringingthe latter into relationshipwith the
formeras a specialized agency79 was approved by the General Assembly
on November15, 1947, and awaits approval by the World Health Assembly
before enteringinto force. The General Assembly by resolutionof November 17, 1947, transferredto the Interim Commissionof the World
Health Organization the relevant League of Nations assets. These consisted of archives, correspondencefiles and stocks of publications,which
are to be reimbursedto the United Nations; the propertiesof the Eastern
Bureau of Epidemiological Intelligenceat Singapore, includingits balance
of 92,030.60 Swiss francs; and administrationand balances of the Le6on
Bernard Fund, 16,165.55 Swiss francs, and of the Darling Foundation,
12,926.75Swiss francs,both transferredby the League of Nations in protocols dated June 27, 1947. The income from the two funds is used for
of men
in public healthworkin commemoration
awards foraccomplishment
who died in the serviceof the League Health Organization.80
The League of Nationssince 1920 had Economicand Financial Committees
which were informallyconsolidatedas an "organization" in 1927. They
were in later years servicedby the Economic,Finance, and Transit Departmentof the Secretariatwhichproduced a remarkableseries of fundamental
publications. Practically all of the work of the League in these was pioneeringand in the transferto the United Nations systemit was spread over
several bodies. The InternationalBank for Reconstructionand Development and the International Monetary Fund, both specialized agencies,81
organize phases of the fieldswhich the League explored. The Economic
and Social Council's Economic and EmploymentCommission(and its subcommissions),Fiscal Commission,Population Commissionand Statistical
Commissioninheritfor operation and expansion still other phases of the
League "organization's" activities and projects. The present program
is inherentlya projectioninto the contextof the time of the League's technical foundations. The Economic and EmploymentCommissionhas Subcommissionson Employment and Economic Stability, on Economic Developmentand on Balance of Payments.82 In carrying out a resolution
of the GeneralAssemblyof February 2, 1946,83it set up a TemporarySub79 Resolutions
adoptedby the Economicand Social Council. . . 19 Julyto 16 Aug.
1947,no. 91 (V), 68 (E/573) is the textof the draft.
80League of Nations,Board of Liquidation,Final Report,13, 63, 64.
Resolutions
81Approvedby the GeneralAssemblyNov. 15, 1947; draft agreements,
of the Economicand Social Council. . . 19 July to 16 August 1947, no. 92 (V),
76 (E/437).
1 (E/245/Rev.1); ibid., 28 Feb.
82 Same, 11 Sept. to 10 Dec. 1946, no. 1 (III),
to 29 March 1947, no. 28 (IV), 2 (E/437).
88Resolutions
38 (A/64).
adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946,
343
commissionon Economic Reconstructionof Devastated Areas, which was

continued as the Economic Commissionfor Europe 84 and the Economic
Commissionfor Asia and the Far East, and otherregional economiccommissionsare envisaged. The United Nations Conferenceon Trade and Employment85 in a way continuesthe League conferencesof 1927 and 1933,
thoughreachingmuch fartherdown to the roots of the problemsinvolved
in multilateraltrade. Without going into detail, it may be said that the
United Nations bids fair to constructa larger edificeon the economiclot
which the League of Nations laid out.
The Fiscal Commissionof the Economic and Social Council is in effect
succeedingto the programof the League's Financial Committeenot otherwise assigned,in addition to its workon taxation problems. It is continuing the Public Finance Survey, the studies on Public Debt and the compilation of treatieson double taxation.
The Population Commissiontookup demographicworkjust begun by the
League when its activitiesstopped. The League had only paid attention
in a preliminarymanner to the comparabilityof vital statisticsand the
relation of population growth to economic conditions. The commission
continuesalong those lines, and is furthercharged with providing demographic material for specialized agencies, preparing a yearbook,planning
an internationalcensus and undertakingseveral special studies.86
The Economic, Finance and Transit Department of the League of Nations had done a notable job in continuingthe MonthlyBulletin of Statistics,the StatisticalYearbook and general economicand financialstudies.
The conventionof December 14, 1928, relatingto economicstatisticsset up
a Committeeof Statistical Experts. The Preparatory Commissionof the
United Nations recommendedthat the Economic and Social Council set up
a Statistical Commission,whichwas approved by the General Assemblyon
January 29, 1946.87 The Statistical Commissionas organized at the second session of the Economic and Social Council on June 21, 1946, consists
of representativesof 12 memberstates with broad termsof reference,assistedby a centralstatisticalunit in the Secretariat.88 The MonthlyBulletin of Statistics bore the United Nations imprintwith the August, 1946,
number. The Statistical Commissionsponsoredthe World Statistical Con84 Resolutions of the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946,
no. 5 (III), 5 (E/245/Rev./1); tbid., 19 July to 16 Aug. 1947, nos. 68-72 (V), 6-9
(E/573).
85 Same, 28 Feb. to 29 March 1947, no. 29 (IV), 3 (E/437), 3; ibid., 19 July to
16 Aug. 1947, no. 62 (V), 1 (E/573).
88 Same, 28 Feb. to 29 March 1947, no. 41 (IV), 19 (E/437).
87 Report of the Preparatory Commission, 28 (PC/2);
Resolutions adopted by the
General Assembly . . . 10 Jan. to 14 Feb. 1946, 11 (A/64), approving the report of
the Second Committee (A/16).
88 Resolutions adopted by the Economie and Social Council . . . 11 Sept. to 10 Dec.
1946, no. 23 (III), appendix III, p. 62 (E/245/Rev. 1).
344
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gressheld in Washington,September13-25, 1947.89 The Economic and Social Council on March 29, 1947, approved the commission'sfirstplans for
the coordinationand developmentof statisticalwork.90
The Transport and CommunicationsCommissionof the Economic and
Social Council, in taking over the League's program,found that governmentsalready had under considerationthe League instrumentson maritime
tonnagemeasurement,signals at level crossings,facilitiesto be granted to
broadcasting reportersand the unificationof statistics relating to road
accidents; whileseveral otherprojectsof the Advisoryand Technical
traffic
Committeefor Communicationsand Transit were either not so far advanced or were not urgent for the moment. The League committeehad
divided its workamongfivePermanentCommitteesfor Ports and Maritime
Navigation, for Inland Navigation, for Transport by Rail, on Electric
Questionsand on Road Traffic. The itemsin theirprogramswere at various stages of development;some could be left in suspense,otherswould at
least require expert re&xaminationafter the war. Immediate questions
were already assigned in the fieldsof the European Central Inland Transport Organization,9'and the Provisional Civil Aviation Organization.92
More particularlythe Transport and CommunicationsCommissionundertakes coordinationin the fieldby bringingspecialized agencies into relationshipor by creatingnew ones. Agreementsas specialized agencieswere
approved by the General Assemblyon December 14, 1946, with the International Civil Aviation Organization93and on November 15, 1947, with
the International TelecommunicationsUnion94 and the Universal Postal
Union 94 neitherof which had been integratedwith the League activities.
In anotherdirectionthe Economic and Social Council issued invitationsto
maritimeorganizationon
a conferenceto establish an intergovernmental
the basis of a draft prepared by the United Maritime ConsultativeCounciL95 A world conferenceon passport and frontierformalitieswas the
subject of a meetingof expertsat Geneva April 14-25, 1947, which drew
with regard to simplificationand
up a reportcontainingrecommendations
easing of passport and frontierregulations. These were submittedto governmentsin orderto learn to what extenttheydo, or are willingto, comply
89 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dee.
1946,no. 9 (III), 11 (E/245/Rev./1);ibid., 28 Feb. to 29 March 1947,no. 40 (IV),

17 (E/573).
90Same, 28 Feb. to 29 March 1947, no. 40 (IV), 16 (E/573).
91ExeeutiveAgreement
Series494.
92 ExeeutiveAgreement
Series 469; Resolutionsof the Economicand Social Council
. 11 Sept. to 10 Dec. 1946,no. 23 (III), at 64 (E/245/Rev.1).
93 Text in A/106,with eorrection.
94 Draft texts in Resolutionsof Eeonomicand Social Council. . . 19 July to 16
Aug. 1947, nos. 90 and 89 (V), 61, 56 (E/573).
95 Same, 28 Feb. to 29 March1947,no. 35 (IV), 8 (E/437).
345
witththem.96 Monthly summaries of importantevents and a periodical

publicationof informationrelatingto treatieson transportand communications questionsare continuedfromthe League practice.
Throughoutthe life of the League of Nations the question of refugees
was one of its importantproblems,passing throughseveral administrative
forms,successivelyaffecting4,000,000persons in various groups, and resulting in the conclusion of some 10 agreements. By 1946 the 100,000
remainingrefugees were under the Nansen Officeand the Intergovernmental Committeeon Refugees.97 The First Committeeof the League
Assembly heard from its High Commissionerfor Refugees a review of
seven years' work,complimentedhis writtenreportand extendedhis term
of servicethroughthe year 1946. The High Commissionerof tlheLeague
as of January 1, 1947, transferredto the IntergovernmentalCommittee
on Refugeeshis functionsand responsibilitieswith regard to refugeesfrom
Germanyand the Saar and the remainingRussian and Armenianrefugees
thenunder his jurisdiction,the funds transferredamountingto 287,164.47
Swiss francs.98 The Board of Liquidation granted the staffof the High
Commissionerterminationallowances in recognitionof their loyalty.99
The General Assemblyof the United Nations,like the firstsession of the
League Assemblyin 1920, acted on a refugeeproblemof large dimensions
followingwar, in 1946, involving some 845,000 persons. After a sharp
debate on "genuine refugeesand displaced persons" the General Assembly
adopted a resolutionof February 12, 1946, calling upon the Economic and
Social Council to appoint a special committeeto report on the matter.
The Constitutionof the InternationalRefugee Organizationwas approved
by the General Assembly on December 15, 1946.100 To the Preparatory
Commissionof the Organization,whichwas given an operationalbudget of
$151,060,000,the IntergovernmentalCommitteeon Refugees transferred
its fundsand activitieson July 1, 1947.
The mandate systemset up by Article 22 of the Covenantof the League
of Nations was succeededby the extendedand improvedsystemof trusteeship laid down in Chapters XII and XIII of the Charter of the United
Nations, which in Chapter XI reflectedthe new standards in relation to
peoples not yet governingthemselvesand under the administrationof
metropolitanstates. By Article 77 of the Charter the trusteeshipsystem
applies to "territoriesnow held under mandate." The mandatoriesunder
96 Same, 19
Julyto 16 Aug. 1947,no. 73 (V), 10 (E/573).

For a sketehof thework,see A/C. 3/5 in GeneralAssembly,
Offieial
Reeordsof the
1st Part of the 1st Session,Third Committee,
37.
97
98 League of Nations, Records of the . . . 21st Ordinary Session of the Assembly,
90, 228, 282; Board of Liquidation,Third InterimReport,6 (C.3.M.3,1947); Final

Report,17 (C.5.M.5.1947.1).
99Board of Liquidation,FourthInterimReport,5, 6 (C.4.M.4.1947).
1oo Resolutions adopted by the General Assembly, . . . 23 October to 15 December
1946,no. 62 (I), 97.
346
THE
AMERICAN
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OF INTERNATIONAL
LAW
the League in 1946 were Australia, Belgium, France, Japan, New Zealand,
South Africa and the United Kingdom.10' Japan's mandated territory,
the formerGerman Pacific islands north of the Equator, was no longer
under its administration,and its dispositionwas one reason for providing
in Article 83 of the Charter for strategicareas in trust territories. The
othersiixholdersof mandateswere membersof both the League of Nations
and the United Nations. In the firstsession of the General Assembly all
of them except South Africa gave the assurance that they would make
trustagreementsto be approvedby the GeneralAssembly.'02 The delegate
of South Africa, however,stated that his governmentintended to consult
the people of its mandate, South West Africa, regarding the form their
governmentshould take. These statementswere reiteratedin the plenary
meetingsof the 21st sessionof the League of Nations Assembly,where the
South African delegate added that it was intendedto formulatebeforethe
General Assemblyof the United Nations a "case for accordingSouth West
Africa a status under which it would be internationallyrecognizedas an
integralpart of the Union." 103 All the mandatoriesparticipatedin framing the resolutionintroducedby the Chinese delegate in the First Committee.
The League Assemblytooknote of changesin the mandateswhichhad occurredsince the Assemblylast met. Three "A" mandates,quondam Turkish territoriesdescribedin Articles22 of the Covenantas having"reached a
stage of developmentwhere their existenceas independentnations can be
provisionallyrecognizedsubject to the renderingof administrativeadvice
and assistanceby a mandatory,"had becomeindependent,and two of them
weremembersof the United Nations. Iraq had blazed that trail on October
3, 1932,whenit acceptedcertainstandardslaid downby the League and was
admittedto membershipin the League by the Assembly. In the case of
Syria and Lebanon constitutionsdrawn up in 1936 were delayed in application, but France conditionally recognized their independence in
September 1940; with the approval, or at least consent,of France they
signed the Declaration by United Nations on April 12, 1945, after declaring war on Germany and Japan, and become original membersof
the United Nations; the mandate of July 24, 1922, had ceased to apply.
In the case of Transjordan, the Arabic territoryset offfromthe original
OttomanPalestine by a mandate of September16, 1922, the United King101 See League of Nations, The Mandates System: Origin-Principles-Application
(1945.VI.A.1).
102 United Nations, General Assembly, Official Records of lst Part of Ist Session,
Plenary Meetings, Australia, 233; Belgium, 238; France, 251; New Zealand, 227;
South Africa, 180; United Kingdom, 166; resolution of Feb. 9, 1946, Resolutions
adopted by the General Assembly . . .10 Jan. to 14 Feb. 1946, no. 9 (I), 3 (A/64).
103League of Nations, Records of the . . .21st Ordinary Session of the Assembly,
Australia, 47; Belgium, 43; France, 34; New Zealand, 43; South Africa, 32-33;
United Kingdom, 28.
347
dom had recognizedits independenceby an agreementof February 20,

1928, but it continuedas a nominal mandate until the conclusionof the
treatyof alliance signed on March 22, 1946,104confirmedits independence.
The resolutionof the Assembly welcomed terminationof the mandate
status of the three,therebyimplyingthat the mandates themselveswere
no longer in effect. Mandate instrumentswere a special type of treaty
and the process of substitutingtrust agreementsfor them could have
involved some nice legal sinuosities. The territoriesaffectedwere renouncedby Germanyto the five"Principal Allied and AssociatedPowers"
of the Paris Peace Conferencewith whichtermsof mandateswere worked
out; but they became effectivewhen "defined" by the Council of the
League. The mandate instrumentwas thus a unilateral undertakingof
the mandatoryaccepted on behalf of the membersof the League by its
Council, which under the Covenant possessed supervisoryauthoritywith
respectto observanceof the undertaking. The mandatoriesin the Charter
of the United Nations (Article 77) agreed to application of the trusteeship systemsto "territories now held under mandate," which implied
voluntarycontinuationof the mandate until it should be superseded by
a trust agreement,and this was confirmedby the statementsof the
mandatoriesin the General Assemblyof the United Nations and Assembly
of the League of Nations. The resolutionof the Assemblyadopted April
18, 1946, assumed those conditions in dissolving the mandate system,
whichit expressedas follows:105
The Assembly,
Recalling that Article 22 of the Covenant applies to certain territories placed under mandate the principle that the well-being and
developmentof peoples not yet able to stand alone in the strenuous
conditionsof the modernworld forma sacred trust of civilization;
1. Expresses its satisfactionwith the manner in which the organs
of the League have performedthe functionsentrustedto them with
respectto the mandates systemand in particular pays tributeto the
workaccomplishedby the PermanentMandates Commission;
2. Recalls the role of the League in assistingIraq to progressfrom
its status under an "A" Mandate to a conditionof complete independence,welcomesthe terminationof the mandated status of Syria,
the Lebanon and Transjordan,whichhave, since the last sessionof the
Assembly,become independentmembersof the world community;
3. Recognizes,that, on the terminationof the League's existence,
its functionswith respectto the mandated territorieswill come to an
end, but notes that ChaptersXI, XII and XIII of the Charterof the
United Nations embodyprinciples correspondingto those declared in
Article 22 of the Covenantof the League;
104 UnitedKingdom,TreatySeries no. 32 (1946), Cmd.6916. The ratifications
were
exchangedJune 17, 1946,so the treatyenteredinto forceonlyafter the resolutionof
the Assembly.
105 Recordsof the . . . 21st OrdinarySession of the Assembly,
278, withthe report
at 251 and the vote,Egypt abstaining,at 58.
348
4. Takes note of the expressed intentionof the,Members of the

League now administeringterritoriesunder mandate to continue to
administerthem for the well-beingand developmentof the peoples
concerned in accordance with the obligations contained in the respectiveMandates,until otherarrangementshave been agreed between
the United Nations and the respectivemandatoryPowers.
Under the Charter members of the United Nations, "states directly
concerned,including the mandatory," agreed upon terms of trusteeship
withoutworkingout any definitionof "direct concern." The mandatories
submittedto the GeneralAssemblydraftagreementswhichwere considered
in the Fourth Committee106 where all memberswere participtants. Nine
trusteeshipagreementsin succession to League mandates were approved
by the General Assembly as follows:107 On December 13, 1946: To
Australia for New Guinea; to Belgium for Ruanda-Urundi; to France for
the Cameroonsand Togoland; to New Zealand for Western Samoa; to the
United Kingdom for Tanganyika,Cameroonsand Togoland; on November
1, 1947: to Australia, New Zealand and the United Kingdom for Nauru.
The trust agreements,in accordance with the Charter,approved differ
fromthe League mandates in several respects. They are not divided into
classes and none of these trustterritoriesare administered"as an integral
part" of the trustee's territory,althoughlocal defensemeasures are permitted. The objective of self-government
is emphasizedand oral petitions
are providedfor,as well as inspectionon behalf of th-eTrusteeshipCouncil.
No draft agreementhas been submittedby South Africa for South West
Africa as recommendedby the General Assemblyon December 14, 1946,108
and November 1, 1947, though South Africa has submitteda report on
its administration.
In the Charter systemthe TrusteeshipCouncil became the supervising
body, being a principal organ of the United Nations and possessingmuch
more influencethan the PermanentMandates Commiission
of the League,
which only advised the Council of the League. The TrusteeshipCouncil
is composedin moietiesof representativesof states which do and do not
administertrust territories,with China, France, the Soviet Union, the
United Kingdom and the United States representedin any case. The
approval of the agreements in 1946 opened the way to organize the
Trusteeship Council, the balance required in its compositionby Article
86 of the Charter calling for the election by the General Assembly of
two memberswhich do not administertrust territories. Iraq and Mexico
106See the Report of the Fourth Committee,
December12, 1946, A/258, for the
negotiations.
107 Texts of Agreements
for Trust Territoriesas approved. . . 13 December1946
(GeneralAssembly,OfficialRecordsof the 2d Part of the 1st Session,Supp. No. 5);
Nauru, A/402/Rev./1.
l05Resolutions
adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no.
65 (I), 123 (A/64/Add.1).
349
were elected on December 14, 1946,109 and the Trusteeship Council held
its firstsessionMarch 26 to April 28, 1947. Costa Rica and the Philippines
were added on November13, 1947.
The United States submittedon February 26, 1947, a draft trust agreement to the members of the Security Council, New Zealand and the
Philippines containing terms under which it wished to administerthe
formerJapanese mandate for the Pacific islands north of the Equator,
the Territoryof the Pacific Islands. Under Articles 82 and 83 of the
Charter this proposal provided for a strategic area trust, a type which
did not exist under the League. The agreementwas revised and approved
by the Security Council on April 2, 1947, and its entranceinto force was
effectedby approval of the President of the United States on July 18,
1947, pursuant to a law of the same date.110
At the succession of the United Nations to the League's mandate
system Palestine was the only remaining "A" mandate. There the
United Kingdom had a problem growingout of the influxof Jews into
the "Jewish national home" referredto in the mandate of July 24, 1922,
and the conflictof the Jews with the Palestinian Arabs had become more
and more acute. The United Kingdom as the mandatory requested a
special session of the General Assemblyto considerthe question and in its
deliberationsfromApril 28 to May 15, 1947, a Special Committeeof 11
memberswas appointed to reportto the regular session.1"' The report112
recommendeda partitionof Palestine with independentArab and Jewish
statesin economicunion,and the City of Jerusalemestablishedas a corpus
separatum under a regime,worked out and administeredthrough the
medium of the Trusteeship Council. The plan was approved by the
General Assembly on November 29, 1947, it being understood that the
United Kingdom as mandatory would evacuate Palestine by August 1,
1948 and the provisional governmentswould take over when organized
by a Special Committeeof the United Nations.113
The United Nations Edueational, Scientificand Cultural Organization,
organized in November,1945, is the lineal successor of the International
Committeeon Intellectual Co6peration of the League of Nations. In
that fieldthe League's record was available withouttransferof anything
but the archives. The working League element was the International
Institute of Intellectual Co6peration,established and largely maintained
109 Same, no. 64 (I), 122.
110 61 Stat. 397 (Public Law
204, 80th Cong., 1st Sess.); in general,Robert R.

Robbins,"United States Trusteeship
for the Territory
of the PacificIslands," Depart-
ment of State Bulletin, XVI, 783; agreement in Treaties and Other International Act
Series, No. 1665.
111 Resolutions adopted by the General Assembly . . . 28 April to 15 May 1947, no.
106 (S-1), 6 (A/310).

112 A/364.
113 A/516.
350
by the French Governmentunder a tender dated December 8, 1924. The

archives,documentsand propertyacquired by the Institutebecame property of the League. The 21st session of the Assembly in a resolutionof
April 18, 1946 114 instructedthe Secretary-Generalin conjunction with
the Directorate of the Institute to transferthat propertyto the United
Nations. The resolution,which resulted fromthe discussionin the First
Committee,read:
1. The Assemblythanks the International Institute of Intellectual
Cooperation (Paris) for the valuable collaborationwhich,since 1925,
it has given to the League of Nations as the organ for the execution
of the InternationalCommittee
of the decisionsand recommendations
on Intellectual Cooperation.
2. The Assembly,
Being desirous of facilitatingby all the means in its power the
continuityof the work of intellectualco6peration;
Consideringthat paragraph 7 of the letter of December 8, 1924,
fromthe French Governmentto the President of the Council of the
League of Nations provides that, in the event of the abolition of the
Institute,any articles and, in particular,the archives and collections
of documentsdeposited in the premises by the GoverningBody, as
well as any propertywhichhas been acquired by the.Instituteduring
its period of operation,shall remain the propertyof the League of
Nations:
Resolves to transferthe right of propertymentionedabove to the
United Nations;
Instructs the Secretary-Generalof the League of Nations to take
in due time,in conjunctionwith the Directorateof the Institute,the
necessarymeasures for the execution of the present resolution.
By Article 2 (e) of the agreementof July 19, 1946, the League of
Nations transferredthe movable propertyof the International Institute
of Intellectual Cooperationto the United Nations."15 The Economic and
Social Council on October 3, 1946, recommendedthat the Preparatory
Commissionof the United Nations Educational, Scientificand Cultural
Organizationand the Acting Director of the InternationalInstitute enter
into negotiationsto effectthe transferbetween them."16 An agreement
was reached on December 6 which accomplishedthe purpose and effected
the dissolutionof the International Institute of Intellectual Co6peration
of the Economic
as of December31, 1946. Meanwhile,on recommendation
and Social Council, the General Assembly on November 19, 1946,117
Recordsof the . . . 21st OrdinarySession of the Assembly,59, 93, 252, 279.
Resolutionsadoptedby the GeneralAssembly. . . 23 Oct. to 15 Dec. 1946, no.
79 (I), 140 (A/64/Add.L)'; 1 UnitedNationsTreatySeries,at 112,file2.
114
115
Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10
Dec. 1946, no. 24 (III), 69 (E/245/Rev.1).

adoptedby the GeneralAssembly. . . 23 Oct. to 15 Dee. 1946, no.
117Resolutions
71 (I), 133 (A/64/Add.1).
LIQUIDATION
OF LEAGUE
OF NATIONS
FUNCTIONS
351
recommendedthe assumptionof the functionsand activitiesof the Institute

by the Organizationunder the termsof its Constitutionand of the agreement establishingit as a specialized agency of the United Nations, which
the General Assembly approved on December 14, 1946.118 The General
Assemblyauthorizedthe Secretary-Generalto turn over to the Organization the assets of the Institute,whichwere transferredby the League to the
United Nations withoutcost. As sketchedfor the General Assemblythey
consisted of officefurnitureand equipment valued at 3,179,500 French
francs, archives, the library and stock of publications.1"9 The transfer
to the United Nations was effectedFebruary 7, 1947.120
When the Covenant of the League of Nations was made two articles
were intended to provide rudimentarilyfor the sort of coordinationof
international activities which has been more effectivelyand logically
planned under the Economic and Social Council of the United Nations.
In addition to authorizingcentralizationof secretarial work, Article 24
of the Covenant provided for placing "under the directionof the League
all internationalbureaus already established by general treaties if the
parties to such treaties consent." Only five bodies accepted the status:
The InternationalBureau for InformationregardingRelief to Foreigners,
Paris; the International Hydrographic Bureau, Monaco; the Central
International Officefor the Control of the Liquor Trafficin Africa,
Brussels; the International Commissionfor Air Navigation, Paris, and
the International Exhibitions Bureau, Paris. These bureaus were independent of the League in both functioningand finance,and the "direction" consistedonly of receivinginformationand obtaining technical advice. The relation was ended with a resolutionas follows:121
The Assembly directs the Secretary-Generalto thank the international bureaus and otherorganizationsnamed in this resolutionfor
their collaborationwith the League of Nations in the past, and to
informthem that the relation with the League establishedin accordance with Article 24 of the Covenant must be regarded as coming
to an end on the dissolutionof the League, with effectfromthe day
followingthe close of the present session of the Assembly.
The InternationalRelief Union, establishedby a conventionof July 12,
1927, was in relationwith the League to the extentthat its accounts were
reportedto the League for auditing. The noticesent to it raised the question of revisionof the conventionand statuteof the Union, whichthe Secretary-Generalof the League was informedwould be considered by the
General Council of the Union in the autumn of 1947.122
118Same, no. 50 (I), 78; text in A/77 and as coveredby the protocolof February
3, 1947,in 1 UnitedNations TreatySeries,233, file11.
119The schedule in A/136.
League of Nations,Board of Liquidation,ThirdInterimReport,3 (O.3.M.3.1947).

Recordsof the . . . 21st OrdinarySession of the Assembly,238, 252, 279.
122League of Nations,Board of Liquidation,Final Report,20 (C.5.M.5.1947.1).
120
121
352
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Beyond these definiteinstances of transferof functionsand activities

under precise decisions,it is impossiblewithinan article to trace the heritage which the United Nations takes over from the League of Nations.
Illustrations of the absorptive process must suffice. No equivalent of
Article 25 of the Covenant,by whichthe membersof the League agree to
encourageand promotethe establishmentand co6perationof national Red
Cross organizations,appears in the Charter,which howeverin Article 71
provides for "consultation with non-governmentalorganizations." The
termsof Article 25 with respectto national Red Cross (and Red Crescent)
societies were adopted in a resolutionof the General Assembly on November 19, 1946, on recommendationof the Economic and Social Council.'23 More importantlythe International Committeeof the Red Cross
was accorded consultativestatus in categoryb by the Economic and Social
Council on June 21, 1946.124 That statusrepresentsa formalizationby the
United Nations of a systemwhich grew up in the League of Nations in
spontaneousapplication of the principle that everyreal interestin a subject should be examinedduringits consideration. Under Article 71 of the
Charter the Economic and Social Council adopted on October 1, 1946,125
rules for the consultationof non-governmental
organizationswhich divided
theminto threecategories:126
(a) Organizationswhichhave a basic interestin most of the activities of the Council, and are closelylinked with the economicor social
life of the areas whichtheyrepresent;
(b) Organizationswhich have a special competencebut are concernedspecificallywith only a few of the fieldsof activitycoveredby
the Council;
(e) Organizationswhich are primarilyconcernedwith the development of public opinion and with the disseminationof information.
The Economic and Social Council is itself a developmentfrom one of
the last decisions of the League of Nations Assembly, concentrationof
supervisionand coordinationof the divers activitiesunder a Central Committee on Economic and Social Questions. Previously (in 1936) the
League had adopted general regulationsfor the controlof all committees,
after16 years of experience. The Economic and Social Council on August
12, 1947,127 adopted general Rules of Procedure for Functional Commissions of the Economic and Social Council, and extensivestudies are under
way to ensurefull coordinationof its commissionsand specialized agencies.
123 Resolutions
adoptedby the GeneralAssembly. . . 23 Oct. to 15 Dec. 1946, no.
55 (I), 89 (A/64/Add.1).
124Resolutions adopted by the Economic and Social Council . . . 28 Feb. to 29
Mar. 1947,no. 57 (IV), at 50 (E/437).

125 Resolutions
adoptedby the Economicand Social Council. . . 11 Sept. to 10 Dec.
1946, no. 17 (III), 27 (E/245/Rev.1).
128 Economicand Social Council,Official
Records,1st Session, 321.
127 Resolutionsadopted by the Economic and Social Council. . . 19 July to 16
Aug. 1945,no. 100 (IV), 92 (E/573).
LIQUIDATION
OF LEAGUE
OF NATIONS
FUNCTIONS
353
Two otherinstancesof pickingup wherethe League left offmay be mentioned. The League of Nations dealt with the idea of a world calendar
from 1923 to 1937. The question came before the Economic and Social
Council on a motionby Peru that such a calendar be adopted on January
1, 1950, whenthe year begins convenientlyfor reform. A summarystudy
by the Secretariatwas prepared and the Economic and Social Council on
July 21, 1947,128 postponed action on a question that will arise again.
Again, the assassination at Marseilles on October 9, 1934, of King Alexander of Yugoslavia and Minister of Foreign AffairsLouis Barthou of
France caused the League of Nations to undertakestudies which resulted
in opening for signature on November 16, 1937, of a conventionfor the
preventionand punishmentof terrorismand of a conventionfor the creation of an internationalcriminal court. The mass murders perpetrated
by the Nazi Germansinspiredthe General Assemblyof the United Nations
on December 11, 1946,129to affirm"that genocide is a crime under international law" and to request the Economic and Social Council to study
a draft conventionon the subject. The Council on August 6, 1947, approved the text of a draft conventionfor the preventionand punishment
of genocide130 which made extensiveuse of the conventionon an international criminalcourt. The GeneralAssemblyon November21, 1947, asked
the Economic and Social Council to continue its work of completingthe
convention.
Dissolution of the PermanentCourt
The Executive Committeeof the PreparatoryCommissionof the United
Nations labored somewhatover the problem of substitutingthe International Court of Justice for the PermanentCourt of InternationalJustice.
It triedits hand at committing
all parties to the protocolof signaturewhich
were membersof the United Nations by a resolutionclosingout the Permanent Court, and drafted a resolution"to be moved in the Assembly of
the League of Nations" to accomplisha like result there.'31 The Preparatory Commission,consideringthat resolutionbeyond its authority,simply
noted in its report182 that certain of its memberswhich were membersof
the League of Nations intendedto move in its Assembly"a resolutionfor
the purpose of effecting
the dissolutionof the Permanent Court of International Justice." The Preparatory Commission'sresolution of Decem128 Resolutionsadopted by the Economic and Social Council. . . 28 Feb. to 29
March,1947,no. 54 (IV), 44 (E/437); ibid., 19 Julyto 16 Aug. 1947, no. 97 (V),
90 (E/573); the noteby the Secretary-General
is E/465.
129 Resolutions
adoptedby the GeneralAssembly. . . 23 Oct. to 15 Dec. 1946,no. 96
(I), 188 (A/64/Add.1).
130Resolutions
adopted by the Economic and Social Council . . . 19 July to 16
Aug. 1947,no. 77 (V), 21, at 28 (E/573).

131 Reportof the ExecutiveCommittee
of the PreparatoryCommission
of the United
Nations,8, 67 (PC/EX/113/Rev.1).
132Reportof the PreparatoryCommission
of the United Nations,57 (PC/20).
354
ber 18, 1945, recordedthat its memberswhichwere parties to the protocol

of signature of December 18, 1920, assented to dissolutionof the Court,
and that "the states concerned" would require such assent by the states
at war.
When the First Committeeof the 21st Assemblyof the League met on
April 8, 1946, the PreparatoryCommission'sresolutionwas broughtto its
attentionand the Governmentsof South Africa, France, the United Kingdom, Luxembourg,Mexico, and Norway tabled a revised version of the
Executive Committee'sproposal. The tabled draft contained these paragraphs on abrogationof the protocolof signature:
5. Consideringthat the Assemblyhas been informedthat,under the
termsof the peace treatiesat presentintendedto be made with them
or in some otherappropriateform,those States parties to the Protocol
of Signature of the Statute of the Permanent Court of International
Justicebut not membersof the League whichhave been or still are at
war with certain of the Membersof the United Nations have been or
will be required to assent to any measurestaken to bring the Permanent Court to an end; and
6. Consideringthat all the Judges of the Permanent Court have
resigned.
Sir Hartley Shaweross133suggested that such language "might conceivably give rise to various complicatedand obscure legal problemswhich
need not be discussed . . . and the resolutionmightusefullyconfineitself
to a bare recital of the facts." The International Court of Justice was
already establishedand the action of the United Nations and the contemplated action of the League of Nations as a matterof fact gave assent to
the dissolutionof the PermanentCourtby all exceptthe enemystates. The
two paragraphs quoted above were consolidatedinto this:
Consideringthat all the Judges of the Permanent Court have resigned and that on the dissolutionof the League no machinerywill
existforthe appointmentof new Judges.
The actual resolutionof April 18 was:
That the Permanent Court of InternationalJustice is for all purposes to be regardedas dissolvedwitheffectfromthe day followingthe
close of the presentsession of the Assembly [i.e., April 19, 1946] but
withoutprejudice to such subsequent measures of liquidation as may
be necessary.
The Judges of the InternationalCourt of Justicehad already held their
firstmeetingon April 3, 1946.
The transferand distributionof the assets of the League of Nations proceeded simultaneouslywith the transferof functionsand activities,but
a characterthat they are reservedfor separate treatwere of so different
ment.
13 Recordsof the 20th and 21st OrdinarySessions of the Assembly,73, 55, 277
(League of Nations OfficialJournal,Spec. Sup. no. 194).

Liquidation of The LofN

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Liquidation of League of Nations Functions

Author(s): Denys P. Myers

OF LEAGUE OF NATIONS FUNCTIONS

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

tion were not essentiallychanged. Registrationand publicationof treaties

The Machineryof Liquidation

JOURNAL OF INTERNATIONAL LAW

Executive Committee,Preparatory Commissionof the United Nations,

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

continuedthe annual reportsof the Secretary-General,the budget issues,

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

IIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

and the SupervisoryCommission. The Assemblyon September30, 1938,

20 League of Nations, Report of the SupervisoryCommission,

15 the Executive Committeeof the PreparatoryCommissionof the United

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

on League of Nations assets. The Plan was,describedto the committeeas

28The reportof the League of Nations Committeeis A/28, printedin Official

Records . . . of the General Assembly, Plenary Meetings . . . Verbatim Records, 10

Jan.-14 Feb. 1946, 598. The approval,withoutdebate,is at p. 401.

Records of the . . . 21st Ordinary Session of the Assembly, 217.

on the meaningof various paragraphsin consonancewith the reportto

ally in the reportof the committee,the resolutionsand decisions of which

Desiring to promote,so far as lies in its power, the,continuation,

the substance of those conclusionsto the General Assembly,to which its

43Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33.

This transferwas specifically

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

instrumentsto colonies or possessionsof a party or to protectorates

Assembly took a more cautious position.47 Those instrumentswere, in

48Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Canada, Denmark,New Zealand, Portugal and Sweden attemptedto meet

2. Functions and Powers arising out of International Agreements

General Assembly . . . 23 Oct. to 15 Dec. 1946, 143 (A/64/Add.1).

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

Council . . . 11 Sept. to 10 Dec. 1946, 2.

6f Resolutionsadopted by the Economic and Social Council. . . 11 Sept. to 10

Economic and Social Council on October 2, 1946,8esummarizedthe plans

66Resolutions adopted by the General Assembly...

23 Oct. to 15 Dec. 1946, 81

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

narcotic drugs concluded at The,Hague on January 23, 1912, at Geneva

with other social questions with a view to providing effectivemachinery

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Bulletin of the Health Organizationare continuedfromtheir transferon

adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946,

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

commissionon Economic Reconstructionof Devastated Areas, which was

1946,no. 9 (III), 11 (E/245/Rev./1);ibid., 28 Feb. to 29 March 1947,no. 40 (IV),

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

witththem.96 Monthly summaries of importantevents and a periodical

Julyto 16 Aug. 1947,no. 73 (V), 10 (E/573).

98 League of Nations, Records of the . . . 21st Ordinary Session of the Assembly,

90, 228, 282; Board of Liquidation,Third InterimReport,6 (C.3.M.3,1947); Final

1oo Resolutions adopted by the General Assembly, . . . 23 October to 15 December

1946,no. 62 (I), 97.

LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS

dom had recognizedits independenceby an agreementof February 20,

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

4. Takes note of the expressed intentionof the,Members of the

adopted by the General Assembly . . . 23 Oct. to 15 Dec. 1946, no.