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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
 
 
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