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The Old and the New League: The Covenant and the dumbarton Oaks Proposals

1945; Cambridge University Press; Volume: 39; Issue: 1 Linguagem: Inglês

10.2307/2192309

2161-7953

Hans Kelsen,

International Law and Aviation

The result of the conversations between the delegations of the United States, the United Kingdom, the Soviet Union, and China at Dumbarton Oaks, Washington, in the Autumn of 1944, is not a Charter for the international organization to be established after the war. It is only Proposals for such a Charter; these Proposals are, moreover, as Secretary of State Cordell Hull pointed out, neither complete nor final. They do not concern all subject matters to be regulated by the future Charter and do not present precise formulations of legal rules to be binding upon contracting parties. This work still remains to be done. Hence it may seem to be premature to compare the Dumbarton Oaks Proposals with the Covenant of the League of Nations. Such a comparison cannot do justice to the achievements at Dumbarton Oaks; it is justifiable only as an attempt to contribute some suggestions for the great task of drafting the definitive text of the future charter; it must not be taken as a conclusive criticism.