Sovereignty of the Mandates
“The mandatory system,” said M. Rappard, director of the mandates section of the Secretariat of the League of Nations to the mandates commission at its first session, “formed a kind of compromise between the proposition advanced by the advocates of annexation, and the proposition put forward by those who wished to entrust the colonial territories to an international administration.” Compromises are apt to raise knotty problems for the lawyer and the present instance is no exception. From the practical point of view perhaps it is unnecessary to solve these problems. The United States Government was able to function successfully for years with the divided sovereignty devised by Madison and Hamilton in spite of the insistence of legal purists that divided sovereignty is impossible. The British Commonwealth of Nations seems able to do business in spite of the doubt as to whether sovereignty has or has not passed to the self-governing dominions. So the mandatory system may work without ascertaining whether sovereignty resides in the mandatory, the mandated community, the League of Nations, or elsewhere.