A.—sa.

" 2. The Japanese Government, having been invited, under Article 17, paragraph 1, of the Covenant, to comply with the obligations devolving upon the members of the League for the settlement of their disputes, has declined this invitation. " 3. Although, in conformity with established practice, it is in principle, for the members of the League to appreciate in each particular case whether the conditions required for the application of Article 16 and Article 17, paragraph 3, are fulfilled, in the special case now before the Council, the military operations in which Japan is engaged in China have already been found by the Assembly to be illicit, as mentioned above, and the Assembly's finding retains its full force. 4. In view of Japan's refusal of the invitation extended to her, the provisions of Article 16 are, under Article 17, paragraph 3, applicable in present conditions, and the members of the League are entitled not only to act as before on the basis of the said finding, but also to adopt individually the measures provided for in Article 16. " 5. As regards co-ordinated action in carrying out such measures, it is evident, from the experience of the past, that all elements of co-operation which are necessary are not yet assured. 6. The Assembly, by its resolution of October 6th 1937, assured China of its moral support, and recommended that members of the League ' should refrain from taking any action which might have the effect of weakening China's power of resistance and thus of increasing her difficulties in the present conflict, and should also consider how far they can individually extend, aid to China.' " Referring more particularly to this resolution , the Council, on May 14th, 1938, earnestly urged members of the League ' to do their utmost to give effect to the recommendations contained in previous resolutions of the Assembly and Council . . . and to take into serious and sympathetic consideration requests they may receive from the Chinese Government in conformity with the said resolutions.' " 7. Although the co-ordination of the measures that have been, or may be, taken by Governments cannot yet be considered, the fact none the less remains that China, in her heroic struggle against the invader, has a right to the sympathy and aid of the other members of the League. The grave international tension that has developed in another part of the world cannot make them forget either the sufferings of the Chinese people, or their duty of doing nothing that might weaken China's power of resistance, or their undertaking to consider how far they can individually extend aid to China." " The Council— ***** " Having regard to the second part of its resolution adopted on May 14th, 1938, which recalls that the use of toxic gases is a method of war condemned by international law, which cannot fail, should resort be had to it, to meet with the reprobation of the civilized world, and requests the Governments of States, who may be in a position to do so, to communicate to the League any information that they may obtain on the subject; Taking note of the information contained in the various communications of the Chinese representative, on the subject; and of his statement on the urgent need for the constitution of a Commission of Neutral Observers in China to investigate the cases of the use of poisonous gas in China, watch the situation in respect thereto, and make reports for examination : " Invites the Governments of the States represented on the Council and on the FarEastern Advisory Committee having official representatives in China to investigate through the diplomatic channel, so far as this may prove practicable and by the most appropriate method, such cases as may be brought to their notice and to submit all relevant reports for examination and consideration." Some discussion preceded the adoption of the report. Mr. Wellington Koo at once conceded that it marked a step forward-, though he did not conceal that to his Government it was " not entirely satisfactory." He regretted that under existing circumstances the Council found it difficult at once to bring about co-ordinated action in carrying out the provisions of Article 16 ; he reserved his Government s right to ask later for measures of co-ordination ; and, subject to the Council's remaining seized of the Chinese appeal, he accepted the present report. The representative of the United Kingdom accepted the report. The representative of Sweden, while also accepting expressly recalled his Government's contentions on the non-obligatory character of sanctions. The representative of Belgium had a similar rider, if not qualification, to add to his acceptance of the report, as also did the representative of Latvia. The representative of France, admitting that he, like the representative of China, was not completely satisfied with the terms of the report, made it clear that he. had no reservation to make with regard to it. The representative of the Union of Soviet Socialist Republics said that his Government were ready to take part in co-ordinated, collective measures to stop aggression ; but since other Governments did not feel the same way they voted for the present resolution. The sentence recorded for New Zealand reads :— Since the acquiescence of members of the Council in this compromise report is being formally expressed and in part qualified, may I say, on behalf of the New Zealand Government, that our acceptance of it is qualified only by sincere regret that the terms of the Covenant are not being collectively applied without qualification in conditions about which there is unfortunately no room for doubt." The representative of the Dominican Republic expressed his country's sympathy towards China and accepted the report without reservation. The report was then formally adopted.

4—A. sa.

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