rmative,
then after such disposition of the right to exercise sovereignty,
which will presumably be a limited right, where does the actual
sovereignty reside?
"The appointment of a mandatory to exercise sovereign rights over
territory is to create an agent for the real sovereign. But who is
the real sovereign?
"Is the League of Nations the sovereign, or is it a common agent of
the nations composing the League, to whom is confided solely the duty
of naming the mandatory and issuing the mandate?
"If the League is the sovereign, can it avoid responsibility for the
misconduct of the mandatory, its agent?
"If it is not the League, who is responsible for the mandatory's
conduct?
"Assuming that the mandatory in faithfully performing the provisions
of the mandate unavoidably works an injustice upon another party, can
or ought the mandatory to be held responsible? If not, how can the
injured party obtain redress? Manifestly the answer is, 'From the
sovereign,' but who is the sovereign?
"In the Treaty of Peace Germany will be called upon to renounce
sovereignty over her colonial possessions. To whom will the
sovereignty pass?
"If the reply is, 'The League of Nations,' the question is: Does the
League possess the attributes of an independent state so that it can
function as an owner of territory? If so, what is it? A world state?
"If the League does not constitute a world state, then the
sovereignty would have to pass to some national state. What national
state? What would be the relation of the national state to
the League?
"If the League is to receive title to the sovereignty, what officers
of the League are empowered to receive it and to transfer its
exercise to a mandatory?
"What form of acceptance should be adopted?
"Would every nation which is a member of the League have to give its
representatives full powers to accept the title?
"Assuming that certain members decline to issue such powers or to
accept title as to one or more of the territories, what relation
would those members have to the mandatory named?"
There is no attempt in the memorandum to analyze or classify the queries
raised, and, as I review them in the light of the terms of the Treaty of
Versailles, I do not think that some of them can be asked with any
helpful purpose. On the other hand, many of the questions, I believe t
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