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D. Establishment of New Organization
Without Reference to Treaties or
Covenant
A practical approach which would disregard legal
continuity as such, but which might conform to the
practices at times resorted to by States, would be for
the states desiring to establish the new general inter-
national organization to agree to the basic instrument
for the new organization without reference to the
peace treaties of 1919 or to the Covenant of the
League of Nations, and to proceed to act henceforth
under the obligations of this instrument. This pro-
cedure might more nearly satisfy the requirements of
international law, and might further be justified on
the ground that the Covenant had lost its force by
desuetude, thus leaving states free to set up a new
international organization by agreement.
V. POSSIBLE MEANS TO
INITIATE SOLUTION
OF TRANSITION
With respect to the question of possible ways
and means of achieving the adoption of an appropriate
solution of the problem of transition, the following
possible means are submitted. They build be utilized
with respect to the achievement of any of the Possible
Solutions explored above except D. Establishist of
New Organization Without Reference to Treaties or
Covenant.
A. States members of the United Nation, who are
also members of the League of Nations, could before or
at the time of the fortcoming conference of the United
Nations initiate intergovernmental discussions on the
formulation of plans looking toward the assumption of
the initiative by the League itself with respect to its
dissolution.
B. Alternatively, the United Nations, while in
conference or preparatory thereto, could initiate the
transfer by indication what functions and responsibilities
now exercised and possessed by the League of Nation,
they would be willing to assume under the new Charter.
C. A