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Organization should be substituted for the
League, subject to the provisions of the
Charter of the new Organization.
2. This protocol, after ratification by at least
all those states members of the League who
would become initial members of the new Organi-
zation, should become effective as between the
parties at the moment of entry into force of
the basic instrument of the new organization.
B. Amendment of the Covenant
Article 28 provides a nrocedure for amendment of the
Covenant through favorable action by all members of the
League represented on the Council, and a majority of
those represented in the Assembly. This procedure could
conceivably be used either to substitute the provisions
of the Charter of the new Organization for the provisions
of the Covenant or to terminate the League and transfer
its functions to the new Organization. This use of the
amending proceed could be regarded as the action of the
constituent authority of the League. States dissenting
from such an amendment would in accordance with the
Covenant cease to be members of the League, but it is to
be presumed that any member willing to join the new
Organization would be willing to support such an amend-
ment. One advantage of this method is that it perhaps
constitutes as near an approach to an unimpeachable legal
process as could be found and that it offers a dignified
procedure by which the League could terminate its own
existence.
It may be argued against this procedure that it
would call for meetings of organs of the League whose
status is now uncertain. While it may also be argued
that there is little precedent for using the amending
process for such a purpose, it may be less open to objec-
tions on the ground of illegality than some other method.
It may further be argued that this method, by preserving
formal continuity between the League and the new Organiza-
tion and making the latter the legal successor of the
former would arouse opposition from some who have re-
garded the League with disfavor. This objection would
have less force if the new Organization were created
independently