- 6 - 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 |