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Treaty of Neuilly, and Protocol the United States of America, the British Empire, France, Italy and Japan. - History

Treaty of Neuilly, and Protocol the United States of America, the British Empire, France, Italy and Japan. - History

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Where a re-insurance treaty becomes void under this paragraph, there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risks which had attached before the war. In the case of risks other than those mentioned in paragraphs 11 to 18 the adjustment of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date.

21.

The provisions of the preceding paragraph will extend equally to re-insurances existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than life or marine risks.

22.

Re-insurance of life risks effected by particular contracts and not under any general treaty remain in force.

23.

In case of a re-insurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract notwithstanding the outbreak of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall be recoverable after the war.

24.

The provisions of paragraphs 17 and 18 and the last part of paragraph 16 shall apply to contracts for the re-insurance of marine risks.

SECTION VI.
MIXED ARBITRAL TRIBUNAL.
ARTICLE 188.

(a) Within three months from the coming into force of the present Treaty a Mixed Arbitral Tribunal shall be established between each of the Allied and Associated Powers on the one hand and Bulgaria on the other hand: Each such Tribunal shall consist of three members. Each of the Governments concerned shall appoint one of these members. The President shall be chosen by agreement between the two Governments concerned.

In case of failure to reach agreement, the President of the Tribunal and two other persons, either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Ador if he is willing. These persons shall be nationals of Powers that have remained neutral during the war.

If, in case there is a vacancy, a Government does not proceed within a period of one month to appoint as provided above a member of the Tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President.

The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

(b) The Mixed Arbitral Tribunals established pursuant to paragraph (a) shall decide all questions within their competence under Sections III, IV, V, Vll and Vlll.

In addition, all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the present Treaty between nationals of the Allied and Associated Powers and Bulgarian nationals shall be decided by the Mixed Arbitral Tribunal, always excepting questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the National Courts of those Powers. Such questions shall be decided by the National Courts in question, to the exclusion of the Mixed J bitral Tribunal. The party who is a national of an Allied or Associated Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be appointed and each Mixed Arbitral Tribunal shall sit in divisions. Each of these divisions will be constituted as above.

(d) Each Mixed Arbitral Tribunal will settle its own procedure, except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.

(e) Each Government will pay the remuneration of the member of the Mixed Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal. The remuneration of the President will be determined by special agreement between the Governments concerned; and this remun- eration and the joint expenses of each Tribunal will be paid by the two Governments in equal moieties.

(f) The High Contracting Parties agree that their courts and authorities shall render to the Mixed Arbitral Tribunals direct all the assistance in their power, particularly as regards transmitting notices and collecting evidence.

(g) The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

ANNEX.

1.

Should one of the members of the Tribunal either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2.

The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3.

The agent and counsel of the parties on each side are authorised to present orally and in writing to the Tribunal arguments in support or in defence of each case.

4

The Tribunal shall keep record of the questions and cases submitted and the proceedings thereon, with the dates of such proceedings.

5.

Each of the Powers concerned may appoint a secretary. These secretaries shall act together as joint secretaries of the Tribunal and shall be subject to its direction. The Tribunal may appoint and employ any other necessary officer or offficers to assist in the performance of its duties.

6.

The Tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the parties concerned.

7.

Bulgaria agrees to give the Tribunal all facilities and information required by it for carrying out its investigations.

8.

The language in which the proceedings shall be conducted shall, unless otherwise agreed, be English, French, or Italian, as may be determined by the Allied or Associated Power concerned.

9.

The place and time for the meetings of each Tribunal shall be determined by the President of the Tribunal.

ARTICLE 189.

Whenever a competent court has given or gives a decision in a case covered by Sections III, IV, V, Vll or Vlll, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shall be entitled to obtain redress, which shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the Bulgarian court.

SECTION VII.
INDUSTRIAL PROPERTY.
ARTICLE 190

Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property, as such property is defined by the International Conventions of Paris and of Berne, mentioned in Article 166, shall be re-established or restored, as from the coming into force of the present Treaty, in the territories of the High Contracting Parties, in favour of the persons entitled to the benefit of them at the moment when the state of war commenced, or their legal representatives. Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty.

Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied or Associated Power in regard to the rights of Bulgarian nationals in industrial, literary or artistic property shall remain in force and shall continue to maintain their full effect.

No claim shall be made or action brought by Bulgaria or Bulgarian nationals in respect of the use during the war by the Government of any Allied or Associated Power, or by any persons acting on behalf or with the assent of such Government, of any rights in industrial, literary or artistic property, nor in respect of the sale, offering for sale, or use of any products, articles or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in force at the moment of the signature of the present Treaty otherwise directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to Bulgarian nationals are directed to be dealt with by the present Treaty; and sums produced by any special measures taken by the Bulgarian Government in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied or Associated Powers shall be considered and treated in the same way as other debts due from Bulgarian nationals.

Each of the Allied and Associated Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial, literary or artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation, by Bulgarian nationals, whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest, or for assuring the fair treatment by Bulgaria of the rights of industrial, literary and artistic property held in Bulgarian territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Bulgaria in the present Treaty. As regards rights of industrial, literary and artistic property acquired after the coming into force of the present Treaty, the right so reserved by the Allied and Associated Powers shall only be exercised in cases where these limitations conditions or restrictions may be considered necessary for national defence or in the public interest.

In the event of the application of the provisions of the preceding paragraph by any Allied or Associated Power, there shall be paid reasonable indemnities or royalties, which shall be dealt with in the same way as other sums due to Bulgarian nationals are directed to be dealt with by the present Treaty.

Each of the Allied or Associated Powers reserves the right to treat as void and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic property effected after August 1, 1914, or in the future, which would have the result of defeating the objects of the provisions of this Article.

The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in the liquidation of businesses or companies under war legislation by the Allied or Associated Powers, or which may be so dealt with by virtue of Article 177, paragraph (b).

ARTICLE 191.

A minimum of one year after the coming into force of the present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving or opposing rights to, or in respect of, industrial property either acquired before August 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance; but nothing in this Article shall give any right to reopen interference proceedings in the United States of America where a final hearing has taken place.

All rights in, or in respect of, such property which may have lapsed by reason of any failure to accomplish any act, fulfil any formality, or make any payment, shall revive, but subject in the case of patents and designs to the imposition of such conditions as each Allied or Associated Power may deem reasonably necessary for the protection of persons who have manufactured or made use of the subject-matter of such property while the rights had lapsed. Further, where rights to patents or designs belonging to Bulgarian nationals are revived under this Article, they shall be subject in respect of the grant of licences to the same provisions as would have been applicable to them during the war, as well as to all the provisions of the present Treaty.

The period from August 1, 1914, until the coming into force of the present Treaty shall be excluded in considering the time within which a patent should be worked or a trade-mark or design used, and it is further agreed that no patent, registered trade-mark or design in force on August 1, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade-mark or design for two years after the coming into force of the present Treaty.

ARTICLE 192.

No action shall be brought and no claim made by persons re- siding or carrying on business within the territories of Bulgaria on the one part and of the Allied or Associated Powers on the other, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the existence of a state of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Article 191.

Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied or Associated Powers on the one hand or Bulgaria on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by Bulgaria during the war.

This Article shall not apply as between the United States of America on the one hand and Bulgaria on the other.

ARTICLE 193.

Licences in respect of industrial, literary, or artistic property concluded before the war between nationals of the Allied or Associated Powers or persons residing in their territory or carrying on business therein, on the one part, and Bulgarian nationals, on the other part, shall be considered as cancelled as from the date of the existence of a state of war between Bulgaria and the Allied or Associated Power. But, in any case, the former beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights hacl been acquired, except in the case of licences held in respect of rights acquired under Bulgarian law. In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section Vl of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war.

No licence in respect of industrial, literary or artistic property granted under the special war legislatio Powers will specify the property rights and interests over which they intend to exerc licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence.

Were sums have been paid during the war by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt with in the same manner as other debts or credits of Bulgarian nationals, as provided by the present Treaty.

This Article shall not apply as between the United States of America on the one hand and Bulgaria on the other.

ARTICLE 194.

The inhabitants of territories transferred under the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue to enjoy in Bulgaria all the rights in industrial, literary and artistic property to which they were entitled under Bulgarian legislation at the time of the transfer.

Rights of industrial, literary and artistic property which are in force in the territories transferred under the present Treaty at the moment of their transfer from Bulgaria, or which will be re-established or restored in accordance with the provisions of Article 190, shall be recognised by the State to which the said territory is transferred and shall remain in force in that territory for the same period of time given them under the Bulgarian law.

ARTICLE 195.

A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Bulgarian Offices to the Offices of the States to which Bulgarian territory is transferred.

SECTION VIII.
SPECIAL PROVISIONS RELATING TO TRANSFERRED TERRITORY.
ARTICLE 196.

Of the individuals and juridical persons previously nationals of Bulgaria those who acquire ipsofacto under the present Treaty the nationality of an Allied or Associated Power are designated in the provisions which follow by the expression "former Bulgarian nationals," the remainder being designated by the expression "Bulgarian nationals."

ARTICLE 197.

The Bulgarian Government shall without delay restore to former Bulgarian nationals their property, rights and interests situated in Bulgarian territory. The said property, rights and interes1.s shall be restored free of any charge or tax established or increased since September 29, 1918.

The amount of taxes and imposts on capital which have been levied or increased on the property, rights and interests of former Bulgarian nationals since September 29, 1918, or which shall be levied or increased until restitution in accordance with the provisions of the present Treaty, or, in the case of property, rights, and interests which have not been subjected to exceptional measures of war, until three months from the coming into force of the present Treaty, shall be returned to the owners.

The property, rights, and interests restored shall not be subject to any tax levied in respect of any other property or any other business owned by the same person after such property had been removed from Bulgaria, or such business had ceased to be carried on therein.

If taxes of any kind have been paid in anticipation in respect of property, rights and interests removed from Bulgaria, the proportion of such taxes paid for any period subsequent to the removal of the property, rights and interests in question shall be returned to the owners.

Legacies, donations and funds given or established in Bulgaria for the benefit of former Bulgarian nationals shall be placed by Bulgaria, so far as the funds in question are in her territory, at the disposition of the Allied or Associated Power of which the persons in question are now nationals, in the condition in which these funds were on September 20, 1915, taking account of payments properly made for the purpose of the Trust.

ARTICLE 198.

All contracts between former Bulgarian nationals of the one part and Bulgaria or Bulgarian nationals of the other part, which were made before September 29, 1918, and which were in force at that date, shall be maintained.

Nevertheless, any contract of which the Government of the Allied or Associated Power whose nationality the former Bulgarian national who is a party to the contract has acquired shall notify the cancellation, made in the general interest, to Bulgaria within a period of six months from the coming into force of the present Treaty, shall be annulled, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder.

The cancellation above referred to shall not be made in any case where the Bulgarian national who is a party to the contract shall have received permission to reside in the territory transferred to the Allied or Associated Power concerned.

ARTICLE 199.

If the annulment provided for in Article 52 would cause one of the parties substantial prejudice, the Mixed Arbitral Tribunal provided for by Section VI of this Part shall be empowered to grant to the prejudiced party compensation calculated solely on the capital employed, without taking account of the loss of profits.
ARTICLE 200.

With regard to prescriptions, limitations and forfeitures in territory transferred from Bulgaria, the provisions of Articles 183 and 184 shall be applied with substitution for the expression "outbreak of warn of the expression "date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law," and for the expression "duration of the war" of the expression "period between the date above indicated and that of the coming into force of the present Treaty."

. ARTICLE 201.

Bulgaria undertakes to recognise, so far as she may be con-erned, any agreement or convention which has been or shall be made between the Allied and Associated Powers for the purpose of safeguarding the rights and interests of the nationals of these Powers interested in companies or associations constituted according to the laws of Bulgaria, which exercise any activities whatever in the transferred territories. She undertakes to facilitate all measures of transfer, to restore all documents or securities, to furnish all information, and generally to accomplish all acts or formalities appertaining to the said agreements or conventions.

ARTICLE 202.

The settlement of questions relating to debts contracted before September 29, 1918, between Bulgaria or Bulgarian nationals resident in Bulgaria of the one part and former Bulgarian nationals resident in the transferred territories of the other part, shall be effected in accordance with the provisions of Article 176 and the Annex thereto, the expression "before the war" being replaced by the expression "before the date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law."

If the debts were expressed in Bulgarian currency they shall be paid in that currency; if the debt was expressed in any currency other than Bulgarian, it shall be paid in the currency stipulated.

ARTICLE 203.

Without prejudice to other provisions of the present Treaty, the Bulgarian Government undertakes to hand over to any Power to which Bulgarian territory is transferred such portion of the reserves accumulated by the Government or the administrations of Bulgaria, or by public or private organisations under their control, as is attributable to the carrying on of Social or State Insurance in such territory.

The Powers to which these funds are handed over must apply them to the performance of the obligations arising from such insurances.

The conditions of the delivery will be determined by special conventions to be concluded between the Bulgarian Government and the Governments concerned

In case these special conventions are not concluded in accordance with the above paragraph within three months after the coming into force of the present Treaty, the conditions of transfer shall in each case be referred to a Commission of five members, one of whom shall be appointed by the Bulgarian Government, one by the other interested Government and three by the Governing Body of the International Labour Office from the nationals of other States. This Commission shall by majority vote within three months after appointment adopt recommendations for submission to the Council of the League of Nations and the decisions of the Council shall forthwith be accepted as final by Bulgaria and the other States concerned.

PART X.
AERIAL NAVIGATION.
ARTICLE 204.

The aircraft of the Allied and Associated Powers shall have full liberty of passage and landing over and in the territory and territorial waters of Bulgaria, and shall enjoy the same privileges as aircraft belonging to Bulgaria, particularly in case of distress by land or sea.

ARTICLE 205.

The aircraft of the Allied and Associated Powers shall, while in transit to any foreign country whatever, enjoy the right of flying over the territory and territorial waters of Bulgaria without landing, subject always to any regulations which may be made by Bulgaria, and which shall be applicable equally to the aircraft of Bulgaria and to those of the Allied and Associated countries.

ARTICLE 206.

All aerodromes in Bulgaria open to national public traffic shall be open for the aircraft of the Allied and Associated Powers, and in any such aerodrome such aircraft shall be treated on a footing of equality with Bulgarian aircraft as regards charges of every description, including charges for landing and accommodation.

ARTICLE 207.

Subject to the present provisions, the rights of passage, transit and landing provided for in Articles 204, 205 and 206 are subject to the observance of such regulations as Bulgaria may consider it necessary to enact, but such regulations shall be applied without distinction to aircraft belonging to Bulgaria and to the aircraft of the Allied and Associated countries.

ARTICLE 208.

Certificates of nationality, airworthiness, or competency and licences, issued or recognised as valid by any of the Allied and Associated Powers, shall be recognised in Bulgaria as valid and as equivalent to the certificates and licences issued by Bulgaria.

ARTICLE 209.

As regards internal commercial air traffic the aircraft of the Allied and Associated Powers shall enjoy in Bulgaria most favoured nation treatment.

ARTICLE 210.

Bulgaria undertakes to enforce the necessary measures to ensure that all Bulgarian aircraft flying over her territory shall comply with the Rules as to lights and signals, Rules of the Air, and Rules for Air Traffic on and in the neighbourhood of aerodromes, which have been laid down in the Convention relative to Aerial Navigation concluded between the Allied and Associated Powers.

ARTICLE 211.

The obligations imposed by the provisions of this Part shall remain in force until January 1, 1923, unless before that date Bulgaria shall have been admitted into the League of Nations or shall have been authorized by consent of the Allied and Associated Powers to adhere to the Convention relative to Aerial Navigation concluded between those Powers.

PART Xl.
PORTS, WATERWAYS AND RAILWAYS SECTION I.
GENERAL PROVISIONS.
ARTICLE 212

Bulgaria undertakes to grant freedom of transit through her territories on the routes most convenient for international transit, either by rail, navigable waterway, or canal, to persons, goods, vessels, carriages, wagons and mails coming from or going to the territories of any of the Allied and Associated Powers (whether contiguous or not); for this purpose the crossing of territorial waters shall be allowed.

Such persons, goods, vessels, carriages, wagons and mails shall not be subjected to any transit duty or to any undue delays or restrictions, and shall be entitled in Bulgaria to national treatment as regards charges, facilities and all other matters.

Goods in transit shall be exempt from all customs or other similar duties.

All charges imposed on transport in transit shall be reasonable having regard to the conditions of the trahic. No charge, facility or restriction shall depend directly or indirectly on the ownership or on the nationality of any ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.

ARTICLE 213.

Bulgaria undertakes neither to impose nor to maintain any control over transmigration traffic through her territories beyond measures necessary to ensure that passengers are bona fide in transit; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over, any administrative service that may be necessary for this purpose.

ARTICLE 214.

Bulgaria undertakes to make no discrimination or preference, direct or indirect, in the duties, charges and prohibitions relating to importations into or exportations from her territories, or, subject to the special engagements contained in the present Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed; or on the kind, ownership or flag of the means of transport (including aircraft) employed; or on the original or immediate place of departure of the vessel, wagon or aircraft or other means of transport employed, or its ultimate or intermediate destination; or on the route of or places of transhipment on the journey; or on whether any port through which the goods are imported or exported is a Bulgarian port or a port belonging to any foreign country; or on whether the goods are imported or exported by sea, by land or by air.

Bulgaria particularly undertakes not to establish against the ports and vessels of any of the Allied and Associated Powers any surtax or any direct or indirect bounty for export or import by Bulgarian ports or vessels, or by those of another Power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied and Associated Powers shall not be subjected to any formality or delay whatever to which such persons or goods would not be subjected if they passed through a Bulgarian port or a port of any other Power, or used a Bulgarian vessel or a vessel of any other Power.

ARTICLE 215.

All necessary administrative and technical measures shall be taken to shorten, as much as possible, the transmission of goods across the Bulgarian frontiers and to ensure their forwarding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated Powers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care en route as are enjoyed by other goods of the same kind carried on Bulgarian territory under similar conditions of transport.

In particular, the transport of perishable goods shall be promptly and regularly carried out, and the customs formalities shall be effected in such a way as to allow the goods to be carried straight through by trains which make connection.

ARTICLE 216.

The seaports of the Allied and Associated Powers are entitled to all favours and to all reduced tariffs granted on Bulgarian railways or navigable waterways for the benefit of Bulgarian ports or of any port of another Power.

Bulgaria may not refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of any of the Allied and Associated Powers advantages similar to those granted by Bulgaria to her own ports or the ports of any other Power.

ARTICLE 217.

Notwithstanding any contrary provision in existing conventions, Bulgaria undertakes to grant, on the lines most convenient for international transit, and subject to the tariffs in force, liberty of transit to telegraphic messages and telephone communications to or from any of the Allied and Associated Powers, whether contiguous or not. These messages and communications shall not be submitted to any unnecessary delays or restrictions and shall be entitled in Bulgaria to national treatment as regards facilities and rapidity of transmission. No charge, facility or restriction shall depend either directly or indirectly on the nationality of the sender or addressee.

SECTION II.
NAVIGATION.
CHAPTER I.
FREEDOM OF NAVIGATION.
ARTICLE 218.

The nationals of any of the Allied and Associated Powers, as well as their vessels and property, shall enjoy in all Bulgarian ports and on the inland navigation routes of Bulgaria the same treatment in all respects as Bulgarian nationals, vessels and property.

In particular, the vessels of any one of the Allied or Associated Powers shall be entitled to transport goods of any description, and passengers, to or from any ports or places in Bulgarian territory to which Bulgarian vessels may have access, under conditions which shall not be more onerous than those applied in the case of national vessels; they shall be treated on a footing of equality with national vessels as regards port and harbour facilities and charges of every description, including facilities for stationing, loading and unloading, and duties and charges of tonnage, harbour, pilotage, lighthouse, quarantine, and all analogous duties and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind.

In the event of Bulgaria granting a preferential regime to any of the Allied or Associated Powers or to any other foreign Power, this regime shall be extended immediately and unconditionally to all the Allied and Associated Powers.

There shall be no impediment to the movement of persons or vessels other than those arising from prescriptions concerning customs, police, sanitation, emigration and immigration, and those relating to the import and export of prohibited goods. Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.

CHAPTER II.
CLAUSES RELATING TO THE DANUBE.
(I) General Clauses relating to River Systems declared International.
ARTICLE 219.

The following river is declared international: the Danube from Ulm; together with all navigable parts of this river system which naturally provide more than one State with access to the sea, with or without transhipment from one vessel to another, as well as lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system or to connect two naturally navigable sections of the same river.

Any part of the above-mentioned river system which is not included in the general definition may be declared international by an agreement between the riparian States.

ARTICLE 220.

On the waterways declared to be international in the preceding Article, the nationals, property and flags of all Powers shall be treated on a footing of perfect equality, no distinction being made, to the detriment of the nationals, property or flag of any Power, between them and the nationals, property or flag of the riparian State itself or of the most favoured nation.

ARTICLE 221.

Bulgarian vessels shall not be entitled to carry passengers or goods by regular services between the ports of any Allied or Associated Power without special authority from such Power.

Bulgaria undertakes to maintain, in favour of the Allied and Associated Powers and of their subjects, all the facilities enjoyed by them in Bulgarian ports before the war.

ARTICLE 222.

Where such charges are not precluded by any existing convention, charges varying on different sections of a river may be levied on vessels using the navigable channels or their approaches provided that they are intended solely to cover equitably the cost of maintaining in a navigable condition, or of improving, the river and its approaches, or to meet expenditure incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenditure and shall be posted up in the ports. These charges shall be levied in such a manner as to render any detailed examination of cargoes unnecessary, except in cases of suspected fraud or contravention.

ARTICLE 223.

The transit of vessels, passengers and goods on these waterways shall be effected in accordance with the general conditions prescribed for transit in Section I above.

When the two banks of an international river are within the same State goods in transit may be placed under seal or in the custody of customs agents. When the river forms a frontier goods and passengers in transit shall be exempt from all customs formalities; the loading and unloading of goods, and the embarkation and disembarkation of passengers, shall only take place in the ports specified by the riparian State.

ARTICLE 224.

No dues of any kind other than those provided for in this Part shall be levied along the course or at the mouth of these rivers.

This provision shall not prevent the fixing by the riparian States of customs, local octroi or consumption duties, or the creation of reasonable and uniform charges levied in the ports, in accordance with public tariffs, for the use of cranes, elevators, quays, warehouses and other similar constructions.

ARTICLE 225.

In default of any special organisation for carrying out the works connected with the upkeep and improvement of the inter- national portion of a navigable system, each riparian State shall be bound to take suitable measures to remove any obstacle or danger to navigation and to ensure the maintenance of good conditions of navigation. If a State neglects to comply with this obligation any riparian State, or any State represented on the International Commission, may appeal to the tribunal instituted for this purpose by the League of Nations.

ARTICLE 226.

The same procedure shall be followed in the case of a riparian State undertaking any works of a nature to impede navigation in the international section. The tribunal mentioned in the preceding Article shall be entitled to enforce the suspension or suppression of such works, making due allowance in its decisions for all rights in connection with irrigation, water-power, fisheries and other national interests, which, with the consent of all the riparian States or of all the States represented on the International Commission, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

ARTICLE 227.

The regime set out in Articles 220 and 222 to 226 above shall be superseded by one to be laid down in a General Convention drawn up by the Allied and Associated Powers, and approved by the League of Nations, relating to the waterways recognised in such Convention as having an international character. This latter Convention shall apply in particular to the whole or part of the above-mentioned river system of the Danube, and such other parts of that river system as may be covered by a general definition.

Bulgaria undertakes, in accordance with the provisions of Article 248, to adhere to the said General Convention.

ARTICLE 228.

Bulgaria shall cede to the Allied and Associated Powers concerned, within a maximum period of three months from the date on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river system referred to in Article 2ig after the deduction of those surrendered by way of restitution or reparation. Bulgaria shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilisation of that river system.

The number of the tugs and vessels, and the amount of the material so ceded, and their distribution, shall be determined by an arbitrator or arbitrators nominated by the United States of America, due regard being had to the legitimate needs of the parties concerned, and particularly to the shipping traffic during the five years preceding the war.

All craft so ceded shall be provided with their fittings and gear, shall be in a good state of repair and in condition to carry goods and shall be selected from among those most recently built.

When the cessions provided for in the present Article necessitate the acquisition of property which was privately owned on October I5, 1918, or since that date, the arbitrator or arbitrators shall determine the rights of the former owners as they stood on October I5, 1918, and the amount of the compensation to be paid to them, and shall also direct the manner in which such payment is to be effected in each case. If the arbitrator or arbitrators find that the whole or part of this sum will revert directly or indirectly to Powers from whom reparation is due, they shall decide the sum to be placed under this head to the credit of the said Powers.

As regards the Danube the arbitrator or arbitrators referred to in this Article will also decide all questions as to the permanent allocation, and the conditions thereof, of the vessels whose ownership or nationality is in dispute between States.

Pending final allocation the control of these vessels shall be vested in a Commission consisting of representatives of the United States of America, the British Empire, France and Italy, who will be empowered to make provisional arrangements for the working of these vessels in the general interest by any local in force until three months after the coming into without prejudice to the final allocation.

As far as possible these provisional arrangements will be on a commercial basis, the net receipts by the Commission for the hire of these vessels being disposed of as directed by the Reparation Commission.

(2) Special Clauses relating to the Danube.
ARTICLE 229.

The European Commission of the Danube reassumes the powers it possessed before the war.
Nevertheless, as a provisional measure, only representatives of Great Britain, France, Italy and Roumania shall constitute this Commission.

ARTICLE 230.

From the point where the competence of the European Commission ceases, the Danube system referred to in Article 219 shall be placed under the administration of an International Commission composed as follows:

2 representatives of German riparian States;

1 representative of each other riparian State; 1 representative of each non-riparian State represented in the future on the European Commission of the Danube.

If certain of these representatives cannot be appointed at the time of the coming into force of the presens Treaty, the decisions of the Commission shall nevertheless be valid.

ARTICLE 231.

The International Commission provided for in the preceding Article shall meet as soon as possible after the coming into force of the present Treaty, and shall undertake provisionally the administration of the river in conformity with the provisions of Articles 220 and 222 to 226, until such time as a definitive statute regarding the Danube is concluded by the Powers nominated by the Allied and Associated Powers.

The decisions of this International Commission shall be taken by a majority vote. The salaries of the Commissioners shall be fixed and paid by their respective countries.

As a provisional measure any deficit in the administrative expenses of this International Commission shall be borne equally by the States represented on the Commission.

In particular this Commission shall regulate the licensing of pilots, charges for pilotage and the administration of the pilot service.

ARTICLE 232.

Bulgaria agrees to accept the regime which shall be laid down for the Danube by the Powers nominated by the Allied and Associated Powers, at a Conference which shall meet within one year after the coming into force of the present Treaty, and at which Bulgarian representatives may be present.

ARTICLE 233.

The mandate given by Article 57 of the Treaty of Berlin of July 13, 1878, to Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron Gates, is abrogated. The Commission entrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present Treaty. Charges which may be necessary shall in no case be levied by Hungary.

ARTICLE 234.

Should the Czecho-Slovak State, the Serb-Croat-Slovene State or Roumania, with the authorisation of or under mandate from the International Commission, undertake maintenance, improvement, weir or other works on a part of the river system which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution and maintenance of such works.

ARTICLE 235.

Bulgaria shall be obliged to make to the European Commission of the Danube all restitutions, reparations and indemnities for damage inflicted on the Commission during the war.

SECTION III.
RAILWAYS.
CHAPTER 1.
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
ARTICLE 236.

Goods coming from the territories of the Allied and Associated Powers and going to Bulgaria, or in transit through Bulgaria from or to the territories of the Allied and Associated Powers, shall enjoy on the Bulgarian railways, as regards charges to be collected (rebates and drawbacks being taken into account), facilitties, and all other matters, the most favourable treatment applied to goods of the same kind carried on any Bulgarian lines, either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route. The same rule shall be applied, on the request of one or more of the Allied and Associated Powers, to goods specially designated by such Power or Powers coming from Bulgaria and going to their territories.

International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Bulgaria.

ARTICLE 237.

From the coming into force of the present Treaty the High Contracting Parties shall renew, in so far as concerns them and under the reserves indicated in the second paragraph of this Article, the conventions and arrangements signed at Berne on October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.

If within five years from the date of the coming into force of the present Treaty a new convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of October 14, 1890, and the subsequent additions referred to above, this new convention and the supplementary provisions for international transport by rail which may be based on it shall bind Bulgaria, even if she shall have refused to take part in the preparation of the convention or to subscribe to it. Until a new convention shall have been concluded, Bulgaria shall conform to the provisions of the Berne Convention and the subsequent additions referred to above and to the current supplementary provisions.

ARTICLE 238.

Bulgaria shall be bound to co-operate in the establishment of through ticket services (for passengers and their luggage) which shall be required by any of the Allied and Associated Powers to ensure their communication by rail with each other and with all other countries by transit across the territories of Bulgaria; in particular Bulgaria shall, for this purpose, accept trains and carriages coming from the territories of the Allied and Associated Powers and shall forward them with a speed at least equal to that of her best long-distance trains on the same lines. The rates applicable to such through services shall not in any case be higher than the rates collected on Bulgarian internal services for the same distance, under the same conditions of speed and comfort.

The tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers and using the Bulgarian railways shall not be at a higher kilometric rate than the most favourable tariffs (drawbacks and rebates being taken into account) enjoyed on the said railways by emigrants going to or coming from any other ports.

ARTICLE 239.

Bulgaria shall not apply specially to such through services or to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers any technical, fiscal, or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such services.

ARTICLE 240.

In case of transport partly by rail and partly by internal navigation, with or without through way-bill, the preceding Articles shall apply to the part of the journey performed by rail.

CHAPTER 11.
ROLLINGSTOCK.
ARTICLE 241.

Bulgaria undertakes that Bulgarian wagons shall be fitted with apparatus allowing:

(1) of their inclusion in goods trains on the lines of such of the Allied and Associated Powers as are parties to the Berne Convention of May I5, 1886, as modified on May I8, 1907, without hampering the action of the continous brake which may be adopted in such countries within ten years of the coming into for c e of the present Treaty, and

(2) of the inclusion of wagons of such countries in all goods trains on Bulgarian lines.

the rollingstock of the Allied and Associated Powers shall enjoy on the Bulgarian lines the same treatment as Bulgarian rollingstock as regards movement, upkeep and repairs.

CHAPTER III.
TRANSFER OF RAILWAY LINES.
ARTICLE 242.

Subject to any special provisions concerning the transfer of ports, waterways and railways situated in the territory transferred under the present Treaty, and to the financial conditions relating to the concessionnaires and the pensioning of the personnel, the transfer of railways will take place under the following conditions:

(I) The works and installations of all the railroads shall be handed over complete and in good condition.

(2) Commissions of experts designated by the Allied and Associated Powers, on which Bulgaria shall be represented, shall fix the proportion of the stock existing on the system to be handed over.
These Commissions shall have regard to the amount of the material registered on these lines in the last inventory before September 29, 1918, to the length of track (sidings included), and the nature and amount of the trafffic. These Com- missions shall also specify the locomotives, carriages and wagons to be handed over in each case; they shall decide upon the conditions of their acceptance, and shall make the provisional arrangements necessary to ensure their repair in Bulgarian workshops.

(3) Stocks of stores, fittings and plant shall be handed over under the same conditions as the rollingstock.

ARTICLE 243

The establishment of all the new frontier stations between Bulgaria and the contiguous Allied and Associated States, as well as the working of the lines between these stations, shall be settled by agreements concluded between the railway administrations concerned. If the railway administrations are unable to come to an agreement the question shall be decided by Commissions of experts constituted as above.

CHAPTER IV.
TRANSITORY PROVISIONS.
ARTICLE 244.

Bulgaria shall carry out the instructions in regard to transport given her by an authorised body acting on behalf of the Allied and Associated Powers:

(I) for the carriage of troops under the provisions of the present Treaty, and of material, ammunition and supplies for army use;

(2) as a temporary measure, for the transportation of supplies for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport and for the organisation of postal and telegraphic services.

SECTION IV.
DISPUTES AND REVISION OF PERMANENT CLAUSES.
ARTICLE 245.

Disputes which may arise between interested States with regard to the interpretation and application of this Part of the present Treaty shall be settled as provided by the League of Nations.

ARTICLE 246.

At any time the League of Nations may recommend the revision of such of the above Articles as relate to a permanent administrative regime.

ARTICLE 247.

The stipulations in Articles 212 to 218, 22I, 236, and 238 to 240 shall be subject to revision by the Council of the League of Nations at any time after three years from the coming into force of the present Treaty.

Failing such revision, no Allied or Associated Power can claim after the expiration of the above period of three years the benefit of any of the stipulations in the Articles enumerated above on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations.
The period of three years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.

SECTION V.
SPECIAL PROVISION.
ARTICLE 248.

Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Bulgaria undertakes to adhere to any General Conventions regarding the international regime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers, with the approval of the League of Nations, within five years of the coming into force of the present Treaty.

PART XII.
LABOUR.
See Treaty of VersaiUes, Part XIII, Pages 238-253.

PART XIII.
MISCELLANEOUS PROVISIONS.
ARTICLE 290.

Bulgaria undertakes to recognise and to accept the conventions made or to be made by the Allied and Associated Powers or any of them with any other Power as to the traffic in arms and in spirituous liquors, and also as to the other subjects dealt with in the General Act of Berlin of February 26, I885, and of Brussels of July 2, 1890, and the conventions completing or modifying the same.

ARTICLE 291.

The High Contracting Parties, while they recognise the guar- antees stipulated by the Treaties of 1815, and especially by the Act of November 20, 1815, in favour of Switzerland, the said guarantees constituting international obligations for the maintenance of peace, declare nevertheless that the provisions of these treaties, conventions, declarations and other supplementary Acts concerning the neutralised zone of Savoy, as laid down in paragraph I of Article 92 of the Final Act of the Congress on Vienna and in paragraph 2 of Article 3 of the Treaty of Paris of November 20, 1815, are no longer consistent with present conditions. For this reason the High Contracting Parties take note of the agreement reached between the French Government and the Swiss Government for the abrogation of the stipulations relating to this zone which are and remain abrogated.

The High Contracting Parties also agree that the stipulations of the Treaties of 1815 and of the other supplementary Acts concerning the free zones of Upper Savoy and the Gex district are no longer consistent with present conditions, and that it is for France and Switzerland to come to an agreement together with a view to settling between themselves the status of these territories under such conditions as shall be considered suitable by both countries.

ANNEX.
I.

The Swiss Federal Council has informed the French Government on May 5, 19l9, that after examining the provisions of Article 435 of the Peace conditions presented to Germany by the Allied and Associated Powers in a like spirit of sincere friendship it has happily reached the conclusion that it was possible to acquiesce in it under the following conditions and reservations:

(I) The neutralised zone of Haute-Savoie:

(a) It will be understood that as long as the Federal Chambers have not ratified the agreement come to between the two Governments concerning the abrogation of the stipulations in respect of the neutralised zone of Savoy, nothing will be definitively settled, on one side or the other, in regard to this subject.

(b) The assent given by the Swiss Government to the abrogation of the above-mentioned stipulations presupposes, in conformity with the text adopted, the recognition of the guarantees formulated in favour of Switzerland by the Treaties of I8I5 and particularly by the Declaration of November 20, 18I5.

(c) The agreement between the Governments of France and Switzerland for the abrogation of the above-mentioned stipulations will only be considered as valid if the Treaty of Peace contains this Article in its present wording. In addition the Parties to the Treaty of Peace should endeavour to obtain the assent of the signatory Powers of the Treaties of I8I5 and of the Declaration of November 20, I8I5, which are not signatories of the present Treaty of Peace.

(2) Free zone of Haute-Savoie and the district of Gex:

(a) The Federal Council makes the most express reservations to the interpretation to be given on of any Allied or Associate the last paragraph of the above Article for insertion in the Treaty of Peace, which provides that "the stipulations of the Treaties of 1815 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with present conditions." The Federal Council would not wish that its acceptance of the above wording should lead to the conclusion that it would agree to the suppression of a system intended to give neighbouring territory the benefit of a special regime which is appropriate to the geographical and economical situation and which has been well tested.

In the opinion of the Federal Council the question is not the modification of the customs system of the zones as set up by the Treaties mentioned above, but only the regulation in a manner more appropriate to the economic conditions of the present day of the terms of the exchange of goods between the regions in question. The Federal Council has been led to make the preceding observations by the perusal of the draft Convention concerning the future constitution of the zones which was annexed to the note of April 26 from the French Government. While making the above reservations the Federal Council declares its readiness to examine in the most friendly spirit any proposals which the French Government may deem it convenient to make on the subject.

(b) It is conceded that the stipulations of the Treaties of 1815 and other supplementary acts relative to the free zones will remain in force until a new arrangement is come to between France and Switzerland to regulate matters in this territory.

II.

The French Government have addressed to the Swiss Government, on May 18, 19I9, the following note in reply to the communication set out in the preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to inform the Government of the French Republic that the Federal Government adhered to the proposed Article to be inserted in the Treaty of Peace between the Allied and Associated Governments and Germany.

The French Government have taken note with much pleasure of the agreement thus reached, and, at their request, the proposed Article, which had been accepted by the Allied and Associated Governments, has been inserted under No. 435 in the Peace conditions presented to the German Plenipotentiaries

The Swiss Government, in their note of May 5 on thls subject have expressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie and the Gex district, the French Government have the honour to observe that the provisions of the last paragraph of Article 435 are so clear that their purport cannot be misapprehended, especially where it implies that no other Power but France and Switzerland will in future be interested in that question.

The French Government, on their part, are anxious to protect the interests of the French territories concerned, and, with that object, having their special situation in view, they bear in mind the desirability of assuring them a suitable customs regime and determining, in a manner better suited to present conditions, the methods of exchanges between these territories and the adjacent Swiss territories, while taking into account reciprocal interests of both regions.

It is understood that this must in no way prejudice the right of France to adjust her customs line in this region in conformity with her political frontier, as is done on the other portions of her territorial boundaries, and as was done by Switzerland long ago on her own boundaries in this region.

The French Government are pleased to note on this subject in what a friendly disposition the Swiss Government take this opportunity of declaring their willingness to consider any French proposal dealing with the system to be substituted for the present regime of the said free zones, which the French Government intend to formulate in the same friendly spirit.

Moreover, the French Government have no doubt that the provisional maintenance of the regime of 18I5 as to the free zones referred to in the above-mentioned paragraph of the note from the Swiss Legation of May 5, whose object is to provide for the passage from the present regime to the conventional regime, will cause no delay whatsoever in the establishment of the new situation which has been found necessary by the two Governments. This remark applies also to the ratification by the Federal Chambers, dealt with in paragraph I (a), of the Swiss note of May 5, under the heading "Neutralised zone of Haute-Savoie."

ARTICLE 292.

The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.

ARTICLE 293.

The High Contracting Parties agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall in the event of an equality of votes be entitled to a second vote.

ARTICLE 294.

The Allied and Associated Powers agree that where Christian religious missions were being maintained by Bulgarian societies or persons in territory belonging to them, or of which the government is entrusted to them in accordance with the present Treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the faith of the Mission whose property is involved.

The Allied and Associated Governments, while continuing to maintain full control as to the individuals by whom the Missions are conducted, will safeguard the interests of such Missions.

Bulgaria, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.

ARTICLE 295.

Without prejudice to the provisions of the present Treaty Bulgaria undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present Treaty, any pecuniary claim based on events which occurred at any time before the coming into force of the present Treaty.

The present stipulation shall bar completely and finally all claims of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.

ARTICLE 296.

Bulgaria accepts and recognises as valid and binding all decrees and orders concerning Bulgarian ships and Bulgarian goods and all orders relating to the payment of costs made by any Prize Court of any of the Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any Bulgarian national.

The Allied and Associated Powers reserve the right to examine in such manner as they may determine all decisions and orders of Bulgarian Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers. Bulgaria agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.

With a view to minimising the losses arising from the sinking of ships and cargoes in the course of the war and to facilitating the recovery of ships and cargoes which can be salved and the adjustment of the private claims arising with regard thereto, the Bulgarian Government undertakes to supply all the information in their power which may be of assistance to the Governments of the Allied and Associated Powers or to their nationals with regard to vessels sunk or damaged by the Bulgarian naval forces during the period of hostilities.

THE PRESENT TREATY, in French, in English, and in Italian, shall be ratified. In case of divergence, the French text shall prevail, except in Parts I (Covenant of the League of Nations) and XII (Labour), where the French and English texts shall be of equal force.

The deposit of ratifications shall be made at Paris as soon as possible.

Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.

A first procè-verbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Bulgaria on the one hand, and by three of the Principal Allied and Associated Powers on the other hand.

From the date of this first procè-verbal the Treaty will come into force between the High Contracting Parties who have ratified it. For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.

In all other respects the Treaty will enter into force for each Power at the date of the deposit of its ratification.

The French Government will transmit to all the signatory Powers a certified copy of the procès-verbaux of the deposit of ratifications.

IN FAITH WHEREOF the above-named Plenipotentiaries have signed the present Treaty.

Done at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the Signatory Powers.

(L. S.) FRANK L. POLK.
(L. S.) HENRY WHITE.
(1.. S.) TASKER H. BLISS.
(L. S.) CECIL HARMSWORTH.
(L. S.) EYRE A. CROWE.
(L. S.) GEORGE H. PERLEY.
(L. S.) ANDREW FISHER.
(L. S.) THOMAS MACKENZIE. (L. S.) R. A. BLANKENBERG.
(L. CROWE. S.) G. CLEMENCEAU. S.) S. PICHON.
(L. S.) L. -L. KLOTZ.
(L. S.) ANDRE TARDIEU.
(L. S.) JULES CAMBON.

(L. S.) GUGLIELMO MARCONI.
(L. DE MARTINO.
(L. S.) K. MATSUI.
(L. S.) J. VAN DEN HEUVEL.
(L. S.) ROLIN-JAEQUEMYNS.
(L. S.) VIKYUIN WELLINGTON KOO.

(L. S.) RAFAEL MARTINEZ ORTIZ.
(L. S.) ELEFTHERIOS VENIZELOS.
(L. S.) N. POLITIS.
(L. S.) M. RUSTEM HAIDAR.
(L. S.) AOUNI ABDUL-HADI.

(L. GRABSKI (L- S.) ST. PATEK.
(L- S.) AFFONSO COSTA.
(L. S.) JAYME BATALHA REIS.

(L. S.) NIK. P. PACHITCH.
(L- S.) DR. ANTE TRUMBIC.
(L. S.) DR. IVAN ZOLGER.
(L- S.) CHAROON.
(L. EDVARD BENES.
(L. S.) STEFAN OSUSKY.
(L- S.) AL. STAMBOLIISKI

PROTOCOL.

With a view to indicating precisely the conditions in which certain provisions of the Treaty of even date are to be carried out, it is agreed by the High Contracting Parties that:

(I) The list of persons to be handed over to the Allied and Associated Governments by Bulgaria under the second paragraph of Article 118 shall be communicated to the Bulgarian Government within a month from the coming into force of the Treaty;

(2) Proceedings will be taken against persons who have committed punishable offences in the liquidation of Bulgarian property, and the Allied and Associated Powers will welcome any information or evidence which the Bulgarian Government can furnish on this subject.

Done in French, in English and in Italian, of which the French text shall prevail in case of divergence, at Neuilly-sur-Seine, the twenty-seventh day of November, one thousand nine hundred and nineteen

FRANK L. POLK.
HENRY WHITE.
TASKER H. BLISS.
CECIL HARMSWORTH.
EYRE A. CROWE.
GEORGE H. PERLEY.
ANDREW FISHER.
THOMAS MACKENZIE R. BLANKENBERG.

EYRE A. CROWE.
G. CLEMENCEAU.
S. PICHON.
L.-L. KLOTZ.
ANDRE TARDIEU.
JULES CAMBON.

GUGLIELMO MARCONI.
G. DE MARTINO.
K. MATSUI.
J. VAN DEN HEUVEL.
ROLIN-JAEQUEMYNS.
VIKYUIN WELLINGTON KOO.

RAFAEL MARTINEZ ORTIZ.
ELEFTHERIOS VENIZELOS.
N. POLITIS.
M. RUSTEM HAIDAR.
AOUNI ABDUL-HADI.
L. GRABSKI ST. PATEK.
AFFONSO COSTA.
JAYME BATALHA REIS.

NIK. PACHITCH.
DR ANTE TRUMBIC.
DR IVAN ZOLGER.
CHAROON.
DR. EDVARD BENES STEFAN OSUSKY.
AL. STAMBOLIISKI.



Treaty of Neuilly/Preamble

Official texts in English: [1920] UKTS 5 (Cmd. 522) [1920] ATS 4.
This version compiled from versions published by the Australasian Legal Information Institute, and the Brigham Young University Library.

WHEREAS on the request of the Royal Government of Bulgaria an Armistice was granted to Bulgaria on 29 September 1918 by the Principal Allied and Associated Powers in order that a Treaty of Peace might be concluded, and

WHEREAS the Allied and Associated Powers are equally desirous that the war in which certain among them were successively involved, directly or indirectly, against Bulgaria, and which originated in the declaration of war against Serbia on 28 July 1914 by Austria-Hungary, and in the hostilities opened by Bulgaria against Serbia on 11 October 1915, and conducted by Germany in alliance with Austria-Hungary, with Turkey and with Bulgaria, should be replaced by a firm, just and durable Peace,

FOR THIS PURPOSE the High Contracting Parties have appointed as their Plenipotentiaries:

Who having communicated their full powers found in good and due form have agreed as follows:

From the coming into force of the present Treaty the state of war will terminate.

From that moment, and subject to the provisions of this Treaty, official relations will exist between the Allied and Associated Powers and Bulgaria.


The Paris Peace Conference, 1919

The treaty of peace with Germany brought to an end the principal phase of a war which lasted 51 months, became world-wide in its extent, and destroyed or altered the conditions under which formal relations had subsisted between the governments of the states concerned. The Paris Peace Conference faced the task of reestablishing relations between the belligerents by means of treaties of peace with the five states under armistice: Austria, Bulgaria, Germany, Hungary, and Turkey.

The conference was the forum in which the terms of the treaties of peace with Germany, Austria, Bulgaria, Hungary, and Turkey were elaborated, agreed to, and signed. The proceedings began January 12, 1919. The conference in the broadest sense ended with the signing of the treaty of peace with Turkey on August 10, 1920. In a narrower sense the conference closed with the meeting of the Council of Ministers of Foreign Affairs on January 21, 1920, with subsequent proceedings concerning only those governments directly interested. In general the pattern of procedure was a conference of the victors for drafting the terms by which the respective defeated states were to be bound, followed by a period in which the delegations of the latter states were present for written negotiations on the conclusive terms. Until May 7, 1919, when the Conditions of Peace were handed to the German delegation, the conference was a preliminary peace conference of the victor group thereafter the two stages of the conference overlapped with respect to different enemy states.

The organization of the peace conference, therefore, centered around the arrangements made by the victor group for elaborating their terms. In form all the treaties of peace were bilateral, being instruments in which the multiple “party of the first part” included all belligerents which had entered the war against each of the respective enemy states, which were the single party of each treaty’s “second part”.

The peace conference was organized by the representatives of the United States, the British Empire, France, Italy, and Japan, which came to be designated as the “Principal Allied and Associated Powers”. The rules of procedure of the preliminary peace conference ( Foreign Relations, The Paris Peace Conference, 1919, iii, 172) [Page 4] determined the membership and the extent of representation in the following provisions:

“The Conference summoned with a view to lay down the conditions of peace, in the first place by peace preliminaries and later by a definite Treaty of Peace, shall include the representatives of the Allied or Associated belligerent Powers.

“The belligerent Powers with general interests (the United States of America, the British Empire, France, Italy, Japan) shall attend all sessions and commissions.

“The belligerent Powers with special interests (Belgium, Brazil, the British Dominions and India, China, Cuba, Greece, Guatemala, Hayti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Poland, Portugal, Roumania, Serbia, Siam, the Czecho-Slovak Republic) shall attend the sessions at which questions concerning them are discussed.

“Powers having broken off diplomatic relations with the enemy Powers (Bolivia, Ecuador, Peru, Uruguay) shall attend sessions at which questions interesting them will be discussed.

“Neutral Powers and States in process of formation shall, on being summoned by the Powers with general interests, be heard, either orally or in writing, at sessions devoted especially to the examination of questions in which they are directly concerned, and only in so far as those questions are concerned.”

  • Principal Allied and Associated Powers —The Governments of the United States of America, the British Empire, France, Italy, and Japan.
  • Principal Allied Powers —The Governments of the British Empire, France, Italy, and Japan.
  • Allied and Associated Powers —All the states other than Germany which signed the treaty of peace with Germany.
  • Allied Powers —The states other than the United States of America and Germany which signed the treaty of peace with Germany or the states acting for the group or only the Principal Allied Powers.

In order to attain agreement that would represent a consensus and because of the volume, magnitude, and complexity of the questions to be decided, an extensive series of commissions and committees was [Page 5] set up to which all exploratory work was assigned. The mere list of personnel of these bodies as they existed on April 1, 1919 occupies 90 pages ( ibid., 1919, iii, 1). According to the nature of their assignments, they were either representative or expert in membership.

The Principal Allied and Associated Powers managed the extensive committee work through meetings of the President of the United States, who headed the American Commission To Negotiate Peace, and the heads of the other four principal delegations. They met with their ministers for foreign affairs as the Supreme Council from January 12 to March 24, 1919, popularly known as the Council of Ten until President Wilson’s departure on February 14. Until his return on March 24 and until the signing of the treaty of peace with Germany, definitive decisions were made by the Council of Four, in which the representative of Japan did not participate. It was a council of five when Japan was represented. From March 27 to June 25, 1919 the Council of Ministers of Foreign Affairs—the Council of Five—took decisions within their authority. The Supreme Council reappeared after the final departure of President Wilson. In it the heads of the five Governments or the ministers of foreign affairs handled business from July 1, 1919 until January 10, 1920, the United States being continuously and responsibly represented up to December 9, 1919. Immediately after the treaty of peace with Germany went into force the representatives of the Principal Allied Powers met as the Council of Heads of Governments or the Council of Ministers of Foreign Affairs from January 10 to 21, 1920. The latter was followed by the Conference of Ambassadors, but as late as the London conference of March-April 1921 the meetings of the heads of Governments were often called gatherings of the Supreme Council. Moreover, titles differ in the records in French and English.

However this top body of the peace conference was organized, it fell to it to reach the decisions on the reports of commissions or committees and on the presentations of national delegations. These were embodied in formal articles drafted by the representatives of the Allied and Associated Powers and then submitted as Conditions of Peace to the defeated states in plenary sessions of the peace conference. The ensuing written negotiations determined the final text of the treaties of peace, which were signed by all interested parties. The most significant questions of the settlement were determined in the earlier stages of the peace conference.

By the time the German Conditions of Peace were ready, the principal problems of the peace settlements had been given solutions, and it remained to apply the principles adopted to the particular situations [Page 6] of the ex-enemy states. The four treaties of peace which went into force are not only similar in form but are identic, mutatis mutandis , throughout a great part of their texts (see comparative table, p. 36). Approximately 290 of the 381 articles, as well as 8 annexes, of the treaty of peace with Austria repeated the provisions of the treaty with Germany. The treaty with Hungary was more and that with Bulgaria somewhat less of a borrowing from the provisions applied to Germany.

  • Germany . The “Conditions of Peace” were communicated to the German delegation at a plenary meeting on May 7, 1919. Written negotiations of some length ensued. “Observations on the Conditions of Peace” were handed in by the German delegation on May 29, and the “Reply of the Allied and Associated Powers” was delivered on June 16. A German cabinet crisis and a sharp correspondence in the form of an ultimatum brought a new delegation to Versailles for the signing of the treaty on June 28, the fifth anniversary of the assassination of Archduke Ferdinand of Austria. Germany’s ratification was deposited on July 12, but uncertainty as to the intentions of the United States delayed the entry of the treaty into force, without the United States, until January 10, 1920.
  • Austria . The Austrian delegation was summoned for June 2, 1919, received the “Conditions of Peace” on July 20, and handed in their “Observations” on August 6. That treaty of peace was signed at Saint-Germain-en-Laye on September 10, 1919, entering into force on July 16, 1920.
  • Bulgaria . The Bulgarian delegation received the “Conditions of Peace” on September 19, 1919 and made their “Observations” on October 25. The treaty of peace was signed at Neuilly-sur-Seine on November 27, entering into force on August 9, 1920.
  • Hungary . The Hungarian “Conditions of Peace” were dated January 15, 1920, and their “Observations” handed in on February 20. The treaty of peace in final form was submitted to the Hungarians on May 6 and signed by them at Trianon on June 4, 1920, entering into force on July 26, 1921.
  • Turkey . The treaty of peace with Turkey was the last of the main instruments of the conference to be concluded. Only tentative preparations for making this treaty with the last of the defeated belligerents had been taken when the treaty of peace with Germany was brought into force on January 10, 1920. The “Conditions of [Page 7] Peace” were worked out at London in 69 meetings between February 12 and April 10 and at San Remo in 17 meetings between April 18 to 26, and transmitted to the Turkish representatives on May 11. Their “Observations” of June 25 were considered at Spa on July 7, and the “Reply” was dated July 16. The completed treaty was signed at Sevres on August 10, 1920 but did not enter into force. Peace with Turkey was eventually concluded by 17 instruments negotiated at the conference of Lausanne in 1923, the main treaty being signed on July 24, 1923, and entering into force on August 6, 1924.

The timetable and later stages of the settlement itself were affected by uncertainty concerning the position which the United States would take. Without waiting for participation of the United States, it would have been possible to have brought the treaty of peace with Germany into force by the middle of October 1919, with a consequent acceleration of steps with respect to other parts of the whole settlement. The Supreme Council advised the German delegation on November 1 to be ready to attend the ceremony of bringing the treaty into force upon five days’ notice, and itself counted upon the 10th. The adverse vote on the treaty by the United States Senate on November 19 caused a postponement to December 1. There ensued an argument with the German delegation whether some modification of the treaty should not take place “in compensation for the absence of American delegates on commissions”. The problem of putting the treaty in force for the Principal Allied and Associated Powers without the “Associated Power” worried the Supreme Council until January 9, 1920. The required procès-verbal for the first deposit of ratifications was executed the next day.

With the peace conference in course of disbandment at the time of the entry of the treaty of peace with Germany into force, the interim Committee To Coordinate the Interpretation and Execution of the Clauses of the Treaty With Germany was no longer an appropriate channel of action. Its temporary character was understood at its authorization by the Supreme Council on July 2, 1919, and that committee devoted its early attention to the creation of a continuing organ which could be given authority to pass upon current questions.

This organ was the Conference of Ambassadors, which played the principal role for the Allied and Associated Powers after the treaties of peace with Germany, Austria, Bulgaria, and Hungary entered into force. It originated in an American proposal called forth by a recommendation dated July 23, 1919 made by the Committee on Execution of the Clauses of the Treaty to the Supreme [Page 8] Council of the peace conference. The plan was approved by the Supreme Council on July 28 and ordered into being by the Supreme Council by means of its resolution of December 13.

The Council of Ministers of Foreign Affairs on January 21, 1920 decided to call the committee set up by that resolution the “Conference of Ambassadors” and to invest their Ambassadors at Paris with the “full powers” held by the Supreme Council, except that the body was given no jurisdiction over questions arising out of the treaty of peace with Turkey. As finally determined, the functions of the Conference of Ambassadors embraced questions concerning the interpretation and execution of the treaties of peace, “with the exception of those entrusted by them to the League of Nations, or to the Reparation Commission, those for military, naval and air control and for the left bank of the Rhine or other permanent organs of the same character”. The conference held its first meeting on January 26, 1920 and took 2,957 resolutions at 327 regular sessions up till March 30, 1931. It sat at the Quai d’Orsay in Paris. Belgium was admitted for Belgian questions after March 1920. The French representative presided, and the Ambassadors of Great Britain, Italy, and Japan sat as members, with the Ambassador of the United States as an intermittent “observer”.

Collaborating with the conference was the Allied Military Committee “of Versailles”, which dealt with military questions of the treaty’s execution, in virtue of a decision of the Heads of Governments on December 13, 1919, until its dissolution from March 16, 1931. The conference had other aids. It called on naval counselors of the four principal powers for advice and reports, and set up the Technical Geographical Committee to assist it with reference to delimitation and territorial questions. A Technical Committee on Railroads, a Financial Committee, and an Editing Committee served the conference in their respective fields.

The action of the Conference of Ambassadors was taken in four forms: (1) Resolutions, effective decisions without appeal which could be questioned only by the Governments represented on the conference (2) declarations, more solemn acts which engaged the general policy of the ex-allied states (3) protocols, signed by the Ambassadors and plenipotentiaries of states, with which questions of application of the treaties were regulated (4) procès-verbaux (minutes) of their meetings.


Treaty of Neuilly, and Protocol the United States of America, the British Empire, France, Italy and Japan. - History

Notes to Part V, Section II, Articles 181 to 197

The naval clauses of the treaty of peace eliminated Germany from the competition in naval armament which had prevailed before the war of 1914–18. In that period, Great Britain had tried to keep a “two-power standard”. On March 17, 1920 the First Lord of the Admiralty announced a “one-power standard” (House of Commons, Debates, 5th series, 126, col. 2301). In that address he said:

“We are very fortunate in the fact that the only navy approximating in strength to our own is that of the United States of America, with whom we are associated in such a way that the idea of competition in armaments between us is one that is, to put it mildly, repugnant to us all and we here—and I speak now, not merely for the Board of Admiralty, but for the Government—hope and believe that if there is to be an emulation between the United States of America and ourselves, it is likely to be in the direction of reducing that ample margin of naval strength which we each alike possess over all other nations. That is the foundation of the naval policy of His Majesty’s Government.”

On March 12, 1921 in a memorandum on naval policy the First Lord of the Admiralty stated:

“Estimates can only be based upon policy, and the naval policy of the Government, as announced by my predecessor, in the House of [Page 338] Commons, on March 17, 1920, is to maintain a “one-power standard”—i.e., that our navy should not be inferior in strength to that of any other power.”

The great expansion of navies during the war left a heritage of matériel in excess of post-war needs. In the United States there was a keen disposition to reduce expenses by limiting armament, which was evidenced by the passage of congressional resolutions and by the expression of public opinion. The President called the Conference for the Limitation of Naval Armament, which resulted in striking a 5:5:3:1.75:1.75 ratio for the capital ships and aircraft carriers in the fleets of the United Kingdom, the United States, Japan, France, and Italy respectively. This treaty for the limitation of naval armament, signed at Washington on February 6, 1922 (Treaty Series 671 43 Stat. 1655 Treaties, Conventions, etc. , 1923–37, iv , 4889), entered into force on August 17, 1923 and was stipulated to remain in force until December 31, 1936.

In 1922 meetings held at Rome, under the auspices of the League of Nations, attempted without result to apply the principles of the Washington treaty to naval armament in general. In 1925 the League of Nations established the Preparatory Commission for the Disarmament Conference and in 1927 the President of the United States convened at Geneva the Conference for the Limitation of Naval Armament, which was intended to apply the principles of the Washington treaty to other categories of war vessels. That conference closed on August 24, 1927 without accomplishing its purpose.

In continuation of this effort, a treaty for the limitation and reduction of naval armament was signed at London on April 22, 1930 and entered into force for the United States, the United Kingdom and other parts of the British Empire, and Japan, on October 27, 1930 (Treaty Series 830 46 Stat. 2858 Treaties, Conventions, etc. , 1923–37, iv , 5268). This treaty provided for replacements and established rules for determining standard displacement, and provided for disposal of war vessels. It fixed limitations for cruisers, destroyers, and submarines, varying somewhat from the ratios adopted in 1922. The treaty, except for part IV, terminated December 31, 1936. France and Italy did not become parties to it. Japan, which had become dissatisfied with the 5:3 ratio, gave the requisite two years’ notice of intention to terminate both the 1922 and 1930 treaties.

In the meantime, the Preparatory Commission for the Disarmamerit [Page 339] Conference at Geneva had been developing the draft disarmament convention, which was completed on December 9, 1930 for the consideration of the Conference for the Reduction and Limitation of Armaments, which opened on February 2, 1932. In this draft, the principles agreed upon in the 1922 and 1930 treaties were the basis of the part devoted to naval armament. Those two treaties controlled the ratios between approximately nine tenths of the naval armament of the world, and the adjustment of the principles involved to the naval craft of all the 59 participating states was not regarded as an essentially difficult problem, though many technical and complex questions respecting naval armament were raised. The inherent difficulties encountered by the Conference for the Reduction and Limitation of Armaments related to European land armament.

The Japanese denunciation of the 1922 and 1930 treaties in December 1934, to take effect on December 31, 1936, created a new situationi In March 1935 Germany added to the complications of the armament problem by its unilateral action in introducing military conscription and in embarking upon a program of air armament. On June 18, 1935 the United Kingdom concluded an agreement with Germany which permanently fixed the future strength of the German Navy at 35 per cent of the aggregate naval strength of the British Commonwealth of Nations, applied by categories of war vessels, except for submarines, which were not to exceed 45 per cent of the British tonnage unless previous notice to, and discussions with, the United Kingdom Government had occurred (United Kingdom, Treaty Series No. 22 (1935), Cmd. 4953).

With a view to reconstructing the system of control for naval armament laid down in the 1922 and 1930 treaties, a conference was convened in London, from which Japan withdrew. The ensuing treaty for the limitation of naval armament was there signed on March 25, 1936 and entered into force until December 31, 1942 for the United States, France, and the British Commonwealth of Nations (except the Union of South Africa and Ireland) on July 29, 1937 (Treaty Series No. 919 50 Stat. 1363 Treaties, Conventions, etc. , 1923–37, iv , 5548). An agreement between the United Kingdom and Italy consisting of a protocol and annexed exchanges of notes, signed at Rome April 16, 1938, dealt with several phases of the relations of the two states, among which was Italian accession to the treaty of March 25, 1936 (United Kingdom, Treaty Series No. 31 (1938), Cmd. 5726), effective December 2, 1938.

The treaty of 1936 was built on the principle of qualitative limitation and limited the maximum tonnage and gun caliber of the several categories of vessels in accordance with agreed definitions of displacement, categories, and age of vessels. It did not provide for quantitative limitation as did the expiring treaties of 1922 and 1930, but it did provide for advance notification and exchange of information in regard to building and acquisition programs.

On July 17, 1937 the United Kingdom signed agreements with the Governments of Germany and the Union of Soviet Socialist Republics providing for the limitation of naval armament and the exchange of information concerning naval construction based on the treaty of 1936, with certain reservations arising out of special German and Soviet circumstances (United Kingdom, Treaty Series Nos. 2 and 17 (1938), Cmd. 5637, 5679). Both entered into force on November 4, 1937 and were stipulated to remain in force until December 31, 1942. On April 27, 1938 the United Kingdom signed with Poland a similar agreement, which entered into force on November 22, 1938 (United Kingdom, Treaty Series No. 1 (1939), Cmd. 5916). On December 21, 1938 a similar agreement was signed by the United Kingdom with Denmark, Finland, Norway, and Sweden (United Kingdom, Misc. No. 6 (1939), Cmd. 5999) but did not enter into force.

In 1938 the naval authorities of the United States, France, and the United Kingdom reached the conclusion that the Japanese Government, which had absented itself from all naval agreements since 1934, was building capital ships exceeding the limit of 35,000 tons fixed by the 1936 treaty. The three Governments, therefore, concluded a protocol on June 30, 1938 which modified article 4 of the treaty of March 25, 1936 by fixing a limit for capital ships of 45,000 tons (45,750 metric tons) and confirming a maximum caliber for guns of 16 inches (Executive Agreement Series 127 United Kingdom, Treaty Series No. 43 (1938), Cmd. 5781). Identic protocols were signed by the United Kingdom with Germany on June 30, 1938 (United Kingdom, Treaty Series No. 56 (1938), Cmd. 5834), with the Soviet Union on July 6, 1938 ( ibid. , No. 39 (1939), Cmd. 6074), and with Poland on July 22, 1938 ( ibid. , No. 2, (1939), Cmd. 5917), while the change was incorporated in the unratified agreement signed in December with Denmark, Finland, Norway, and Sweden.

Article 25 of the treaty of March 25, 1936 provided for “escalation”, [Page 341] that is, the right to depart from the limitations and restrictions of the treaty “if, and to the extent to which” a contracting party “considers such departure necessary in order to meet the requirements of his national security”. The United States gave the requisite notice to benefit by this provision on March 31, 1938, in view of the fact that “the Japanese Government did not choose to furnish information with regard to its present naval construction or its plans for future construction” upon inquiry concerning reports of construction not in conformity with the limitations and restrictions of the treaty. The British and French Governments acceded to this protocol for themselves.

On April 28, 1939 Germany denounced the agreement of April 17, 1938 and the protocol of June 30, 1938 with the United Kingdom. The German Führer in an address to the Reichstag, as well as in the memorandum denouncing the agreement, held forth the future desirability of “a clear and categorical understanding on a sure basis”. The British reply of June 23 closed with a desire “to know how the German Government would propose to ensure that any action in the shape of denunciation or modification of the new agreement during the terms of its validity should carry the consent of both parties”. (Germany, Auswärtiges Amt, 1939, No. 2, Documents on the Origin of the War , Nos. 294, 295 United Kingdom, Documents Concerning German-Polish Relations and the Outbreak of Hostilities Between Great Britain and Germany on September 3, 1939 , Nos. 21, 22, 24, Misc. No. 9 (1939), Cmd. 6106).

On the outbreak of the war notification was given to Poland and the Soviet Union of the suspension, so far as the United Kingdom was concerned, of all obligations under the agreements.

  • 6 battleships of the Deutschland or Lothringen type,
  • 6 light cruisers,
  • 12 destroyers,
  • 12 torpedo boats,

or an equal number of ships constructed to replace them as provided in Article 190.

No submarines are to be included.

All other warships, except where there is provision to the contrary in the present Treaty, must be placed in reserve or devoted to commercial purposes.

On June 18, 1935 the United Kingdom and Germany concluded an agreement which, so far as they were concerned, nullified articles 181–197 of the treaty and authorized a level of German naval armament inconsistent with those provisions as they remained technically in force for other parties to the treaty of peace. Actually, Germany had been building a navy for several years, regardless of the treaty. The agreement established a “permanent relationship” between the total tonnage of the German fleet and the aggregate tonnage of the naval forces of the British Commonwealth of Nations in the ratio of 35:100, the submarine ratio being fixed at 45:100 (161 League of Nations Treaty Series, p. 9). The agreement by relating the German fleet to the current treaty limiting naval armament was the first of several by which the United Kingdom sought to bring European states within the existing system of naval limitation (see ante , p. 339). Germany, however, denounced the whole arrangement on April 28, 1939.

Until the completion of the mines weeping prescribed by Article 193 Germany will keep in commission such number of minesweeping vessels as may be fixed by the Governments of the Principal Allied and Associated Powers.

After the expiration of a period of two months from the coming into force of the present Treaty the total personnel of the German Navy, including the manning of the fleet, coast defences, signal stations, administration and other land services, must not exceed fifteen thousand, including officers and men of all grades and corps.

The total strength of officers and warrant officers must not exceed fifteen hundred.

Within two months from the coming into force of the present Treaty the personnel in excess of the above strength shall be demobilized.

No naval or military corps or reserve force in connection with the Navy may be organised in Germany without being included in the above strength.

The German law of March 23, 1921 embodied the provisions of the treaty with respect to size of the fleet.

From the date of the coming into force of the present Treaty all the German surface warships which are not in German ports cease to belong to Germany, who renounces all rights over them.

Vessels which, in compliance with the Armistice of November 11, 1918, are now interned in the ports of the Allied and Associated Powers are declared to be finally surrendered.

Vessels which are now interned in neutral ports will be there surrendered to the Governments of the Principal Allied and Associated Powers. The German Government must address a notification to that effect to the neutral Powers on the coming into force of the present Treaty.

Within a period of two months from the coming into force of the present Treaty the German surface warships enumerated below will be surrendered to the Governments of the Principal Allied and Associated Powers in such Allied ports as the said Powers may direct.

Within a period of two months from the coming into force of the present Treaty the German surface warships enumerated below will be surrendered to the Principal Allied and Associated Powers in such Allied ports as the said Powers may direct.

These warships will have been disarmed as provided in Article XXIII of the Armistice of November 11, 1918. Nevertheless they must have all their guns on board.

Oldenburg. Posen.
Thuringen. Westfalen.
Ostfriesland. Rheinland.
Helgoland. Nassau.

Stettin. Stralsund.
Danzig. Augsburg.
München. Kolberg.
Lübeck. Stuttgart.
[Page 344]

and, in addition, forty-two modern destroyers and fifty modern torpedo boats, as chosen by the Governments of the Principal Allied and Associated Powers.

Germany was “ready, with the reservation of the necessary financial measures, to deliver not only the surface ships as required by Article 185, but also all ships of the line” (Foreign Relations, The Paris Peace Conference, 1919, vi, 821).

The Allies refused to entertain the German proposals (ibid., p. 956).

By section XXIII of the armistice of November 11, 1918 Germany was to turn over 6 battle cruisers, 10 battleships, 8 light cruisers, and 50 modern-type destroyers, to remain under the surveillance of the Allies and the United States. The great roadstead of Scapa Flow was designated as the place of internment, and the ships were anchored there with skeleton crews under the immediate charge of a German admiral.

On June 21, 1919 the German sailors aboard the ships opened the seacocks under orders of the German admiral in command, and all the hulks were scuttled. The German admiral alleged that he acted in the belief that the armistice expired at noon on June 21. That belief was without any foundation since the convention of February 16, 1919 prolonging the armistice distinctly avoided naming a date for its expiration and reserved to the Allied and Associated Powers themselves the right to terminate the period of prolongation at three days’ notice, which had not been given.

The President of the peace conference on June 25 called the attention of the German Government to this outright violation of the armistice terms and, while not exercising the consequent right of resuming hostilities, informed Germany that the Allied and Associated Governments would take such measures as they deemed appropriate.

The matter was given a solution by the protocol signed on behalf of Germany at the deposit of ratifications of the treaty of January 10, 1920. The relevant terms of that protocol are as follows (United Kingdom, Protocols and Correspondence Between the Supreme Council and the Conference of Ambassadors and the German Government and the German Peace Delegation Between January 10, 1920, and July 17, 1920, Respecting the Execution of the Treaty of Versailles of June 28, 1919 , Misc. No. 15, Cmd. 1325, p. 7):

“Finally, as the Allied and Associated Powers could not allow to pass without penalty the other failures to execute the armistice conventions [Page 345] and violations so serious as the destruction of the German fleet at Scapa Flow, the destruction of U.C. 48 off Ferrol and the destruction in the North Sea of certain submarines on their way to England for surrender, Germany undertakes—

“B. To deliver within ten days from the signature of the present protocol a complete list of all floating docks, floating cranes, tugs and dredgers which are German property. This list, which will be delivered to the Naval Inter-Allied Commission of Control referred to in article 209 of the Treaty of Peace, will specify the material which on the 11th November, 1918, belonged to the German Government or in which the German Government had at that date an important interest.

“C. The officers and men who formed the crews of the warships sunk at Scapa Flow and who are at present detained by the Principal Allied and Associated Powers will, with the exception of those whose surrender is provided for by article 228 of the Treaty of Peace, be repatriated at latest when Germany has carried out the provisions of paragraphs A and B above.

“D. The destroyer B.98 will be considered as one of the forty-two destroyers whose delivery is provided for by article 185 of the Treaty of Peace.

“2. To hand over within ten days from the signature of the present protocol the engines and motors of the submarines U.137 and U.138 as compensation for the destruction of U.C. 48.

“3. To pay to the Allied and Associated Governments before the 31st January, 1920, the value of the aeronautical material exported, in accordance with the decision which will be given and the valuation which will be made and notified by the Aeronautical Inter-Allied Commission of Control referred to in article 210 of the Treaty of Peace”.

On the coming into force of the present Treaty the German Government must undertake, under the supervision of the Governments of the Principal Allied and Associated Powers, the breaking-up of all the German surface warships now under construction.

The German auxiliary cruisers and fleet auxiliaries enumerated below will be disarmed and treated as merchant ships.

interned in neutral countries :

Berlin. Seydlitz.
Santa Fé. Yorck.

in germany :

Amnion. Fürst Bülow.
Answald. Gertrud.
Bosnia. Kigoma.
Cordoba. Rugia.
Cassel. Santa Elena.
Dania. Schleswig.
Rio Negro. Möwe.
Rio Pardo. Sierra Ventana.
Santa Cruz. Chemnitz.
Sehwaben. Emil Georg von Strauss.
Solingen. Habsburg.
Steigerwald. Meteor.
Franken. Waltraute.
Gundomar. Scharnhorst.

DISPOSITION OF THE GERMAN FLEET 1

Sunk at Scapa Flow Great Britain France Italy Japan United States Other Total
Battleships 10 5 1 2 1 19
Battle cruisers 5 5
Light cruisers 5 6 5 3 1 1 21
Leaders and destroyers 39 12 3 4 3 61
Torpedo boats 38 12 50

The ships sunk at Scapa Flow were eventually raised. All the battleships and battle cruisers were broken up. Of the light cruisers France incorporated the Königsberg ( Metz ), Regensburg ( Strasbourg ), Stralsund ( Mulhouse ), and Kolberg ( Colmar ) in its fleet, and Italy incorporated the Pillau, Graudenz ( Ancona ), and Strassburg . France and Italy each retained one flotilla leader. France incorporated eight destroyers and Italy two. Brazil and Poland each received six torpedo boats for police purposes.

On the expiration of one month from the coming into force of the present Treaty all German submarines, submarine salvage vessels and docks for submarines, including the tubular dock, must have been handed over to the Governments of the Principal Allied and Associated Powers.

Such of these submarines, vessels and docks as are considered by the said Governments to be fit to proceed under their own power or to be towed shall be taken by the German Government into such Allied ports as have been indicated.

The remainder, and also those in course of construction, shall be broken up entirely by the German Government under the supervision of the said Governments. The breaking-up must be completed within three months at the most after the coming into force of the present Treaty.

Articles, machinery and material arising from the breaking-up of German warships of all kinds, whether surface vessels or submarines, [Page 348] marines, may not be used except for purely industrial or commercial purposes.

They may not be sold or disposed of to foreign countries.

Germany is forbidden to construct or acquire any warships other than those intended to replace the units in commission provided for in Article 181 of the present Treaty.

The warships intended for replacement purposes as above shall not exceed the following displacement:

Armoured ships 10,000 tons,
Light cruisers 6,000 tons,
Destroyers 800 tons,
Torpedo boats 200 tons.

Except where a ship has been lost, units of the different classes shall only be replaced at the end of a period of twenty years in the case of battleships and cruisers, and fifteen years in the case of destroyers and torpedo boats, counting from the launching of the ship.

In June 1928 Germany laid down the first of its Panzerschiffe , which came to be known as “pocket battleships” because, within the tonnage limit of 10,000 tons, special types of construction such as an electrically welded hull and methods of saving weight enabled the designers to increase the armor and armament to an extent that rendered the striking power comparable to that of a battleship. The first armored ship of the type was launched in 1931.

The construction or acquisition of any submarine, even for commercial purposes, shall be forbidden in Germany.

The construction and acquisition of any submarine, even for commercial purposes, shall be forbidden in Germany.

The warships in commission of the German fleet must have on board or in reserve only the allowance of arms, munitions and war material fixed by the Principal Allied and Associated Powers.

The warships in commission of the German fleet must only have on board or in reserve the allowance of arms, munitions and war material fixed by the Principal Allied and Associated Powers.

Within a month from the fixing of the quantities as above, arms, munitions and war material of all kinds, including mines and torpedoes, now in the hands of the German Government and in excess of the said quantities, shall be surrendered to the Governments of the said Powers at places to be indicated by them. Such arms, munitions and war material will be destroyed or rendered useless.

All other stocks, depots or reserves of arms, munitions or naval war material of all kinds are forbidden.

The manufacture of these articles in German territory for, and their export to, foreign countries shall be forbidden.

The manufacture in German territory and the export of these articles to foreign countries shall be forbidden.

On the coming into force of the present Treaty Germany will forthwith sweep up the mines in the following areas in the North Sea to the eastward of longitude 4°00′ E. of Greenwich:

(1) Between parallels of latitude 53°00′ N. and 59°00′ N. (2) To the northward of latitude 60°30′ N.

Germany must keep these areas free from mines.

Germany must also sweep and keep free from mines such areas in the Baltic as may ultimately be notified by the Governments of the Principal Allied and Associated Powers.

The personnel of the German Navy shall be recruited entirely by voluntary engagements entered into for a minimum period of twenty-five consecutive years for officers and warrant officers twelve consecutive years for petty officers and men.

The number engaged to replace those discharged for any reason before the expiration of their term of service must not exceed five per cent, per annum of the totals laid down in this Section (Article 183).

The personnel discharged from the Navy must not receive any kind of naval or military training or undertake any further service in the Navy or Army.

Officers belonging to the German Navy and not demobilised must engage to serve till the age of forty-five, unless discharged for sufficient reasons.

No officer or man of the German mercantile marine shall receive any training in the Navy.

In order to ensure free passage into the Baltic to all nations, Germany shall not erect any fortifications in the area comprised between latitudes 55°27′ N. and 54°00′ N. and longitudes 9°00′ E. and 16°00′ E. of the meridian of Greenwich, nor instal any guns commanding the maritime routes between the North Sea and the Baltic. The fortifications now existing in this area shall be demolished and the guns removed under the supervision of the Allied Governments and in periods to be fixed by them.

The German Government shall place at the disposal of the Governments of the Principal Allied and Associated Powers all hydrographical information now in its possession concerning the channels and adjoining waters between the Baltic and the North Sea.

All fortified works and fortifications, other than those mentioned in Section XIII (Heligoland) of Part III (Political Clauses for Europe) and in Article 195, now established within fifty kilometres of the German coast or on German islands off that coast shall be considered as of a defensive nature and may remain in their existing condition.

No new fortifications shall be constructed within these limits. The armament of these defences shall not exceed, as regards the number and calibre of guns, those in position at the date of the coming into force of the present Treaty. The German Government shall communicate forthwith particulars thereof to all the European Governments.

On the expiration of a period of two months from the coming into force of the present Treaty the stocks of ammunition for these guns shall be reduced to and maintained at a maximum figure of fifteen hundred rounds per piece for calibres of 4.1-inch and under, and five hundred rounds per piece for higher calibres.

An arrangement between the German, Finnish, and Swedish Governments concerning the demolition of fortifications on the Aaland [Page 351] Islands and other military installations was signed at Stockholm on December 30, 1918 and in force March 28, 1919 (113 British and Foreign State Papers , p. 993).

For a description of the line of the permitted fortifications, see note to article 180.

During the three months following the coming into force of the present Treaty the German high-power wireless telegraphy stations at Nauen, Hanover and Berlin shall not be used for the transmission of messages concerning naval, military or political questions of interest to Germany or any State which has been allied to Germany in the war, without the assent of the Governments of the Principal Allied and Associated Powers. These stations may be used for commercial purposes, but only under the supervision of the said Governments, who will decide the wave-length to be used.

During the same period Germany shall not build any more high-power wireless telegraphy stations in her own territory or that of Austria, Hungary, Bulgaria or Turkey.


Chapter III: Miscellaneous Provisions

Article XXI

If during the term of the present Treaty the requirements of the national security of any Contracting Power in respect of naval defence are, in the opinion of that Power, materially affected by any change of circumstances, the Contracting Powers will, at the request of such Power, meet in conference with a view to the reconsideration of the provisions of the Treaty and its amendment by mutual agreement.

In view of possible technical and scientific developments, the United States, after consultation with the other Contracting Powers, shall arrange for a conference of all the Contracting Powers which shall convene as soon as possible after the expiration of eight years from the coming into force of the present Treaty to consider what changes, if any, in the Treaty may be necessary to meet such developments.

Article XXII

Whenever any Contracting Power shall become engaged in a war which in its opinion affects the naval defence of its national security, such Power may after notice to the other Contracting Powers suspend for the period of hostilities its obligations under the present Treaty other than those under Articles XIII and XVII, provided that such Power shall notify the other Contracting Powers that the emergency is of such a character as to require such suspension.

The remaining Contracting Powers shall in such case consult together with a view to agreement as to what temporary modifications, if any, should be made in the Treaty as between themselves. Should such consultation not produce agreement, duly made in accordance with the constitutional methods of the respective Powers, any one of said Contracting Powers may, by giving notice to the other Contracting Powers, suspend for the period of hostilities its obligations under the present Treaty, other than those under Articles XIII and XVII.

On the cessation of hostilities the Contracting Powers will meet in conference to consider what modifications, if any, should be made in the provisions of the present Treaty.

Article XXIII

The present Treaty shall remain in force until 31 December 1936, and in case none of the Contracting Powers shall have given notice two years before that date of its intention to terminate the Treaty, it shall continue in force until the expiration of two years from the date on which notice of termination shall be given by one of the Contracting Powers, whereupon the Treaty shall terminate as regards all the Contracting Powers. Such notice shall be communicated in writing to the Government of the Untied States, which shall immediately transmit a certified copy of the notification to the other Powers and inform them of the date on which it was received. The notice shall be deemed to have been given and shall take effect on that date. In the event of notice of termination being given by the Government of the United States, such notice shall be given to the diplomatic representatives at Washington of the other Contracting Powers, and the notice shall be deemed to have been given and shall take effect on the date of the communication made to the said diplomatic representatives.

Within one year of the date on which a notice of termination by any Power has taken effect, all the Contracting Powers shall meet in conference.

Article XXIV

The present Treaty shall be ratified by the Contracting Powers in accordance with their respective constitutional methods and shall take effect on the date of the deposit of all the ratifications, which shall take place at Washington as soon as possible. The Government of the United States will transmit to the other Contracting Powers a certified copy of the procès-verbal of the deposit of ratifications.

The present Treaty, of which the French and English texts are both authentic, shall remain deposited in the archives of the Government of the United States, and duly certified copies thereof shall be transmitted by that Government to the other Contracting Powers.

IN FAITH WHEREOF the abovenamed Plenipotentiaries have signed the present Treaty.

DONE at the City of Washington the sixth day of February, One Thousand Nine Hundred and Twenty-Two.


Disputes Solved by the League of Nations

Poland was in frequent distress, fearing for its independence against threats from neighboring Russia, which in 1920 occupied the city of Vilna and handed it over to Lithuanian allies. Following a demand that Poland recognize Lithuanian independence, the League became involved.

Vilna was returned to Poland, but hostilities with Lithuania continued. The League was also brought in as Poland grappled with Germany about Upper Silesia and with Czechoslovakia over the town of Teschen.

Other areas of dispute that the League got involved in included the squabble between Finland and Sweden over the Aaland Islands, disputes between Hungary and Rumania, Finland’s separate quarrels with Russia, Yugoslavia and Austria, a border argument between Albania and Greece, and the tussle between France and England over Morocco.

In 1923, following the murder of Italian General Enrico Tellini and his staff within the borders of Greece, Benito Mussolini retaliated by bombing and invading the Greek island Corfu. Greece requested the League’s help, but Mussolini refused to work with it.

The League was left on the sidelines watching as the dispute was solved instead by the Conference of Ambassadors, an Allied group that was later made part of the League.

The Incident at Petrich followed two years later. It’s unclear precisely how the debacle in the border town of Petrich in Bulgaria started, but it resulted in the deaths of a Greek captain and retaliation from Greece in the form of invasion.

Bulgaria apologized and begged the League for help. The League decreed a settlement that was accepted by both countries.


Treaty of Neuilly, and Protocol the United States of America, the British Empire, France, Italy and Japan. - History

1. (M. Paderewski and Mr. Hurst were present during this discussion.)

M. Paderewski said he had come to ask the Council to make certain modifications in the Convention to be signed between Poland and the Principal Allied and Associated Powers under Article 93 of the Treaty of Peace. The various points to which he alluded were dealt with fully in a letter, dated 26th June, 1919, he had sent to M. Clemenceau, and to which he made frequent reference. 1 Convention With Poland

2. The first point raised by M. Paderewski is contained in the following extract from his letter to M. Clemenceau:—

“I have the honour to declare, in the name of the Treatment of Polish Delegation to the Peace Conference, that we are ready to sign the proposed Convention in execution of Article 93 of the Treaty of Peace with Germany, while asking you, M. le Président, in the name of justice, to stipulate that the numerous Polish population destined to remain under German domination shall enjoy the same rights and privileges so far as concerns language and culture as those accorded to Germans who become, by reason of the Treaty, citizens of the Polish Republic.” Treatment of Polcs Under German Sovereignty

There was considerable discussion on this point, which is only briefly summarised below.

President Wilson pointed out that the claim was a just one, but it was impossible now to put it in the Treaty with Germany. There [Page 724] were no means by which the Peace Conference could compel the Germans to observe any stipulation of this kind. The Poles, however, might enter into negotiation with the Germans with a view to some arrangement between them.

M. Sonnino said that the obligation by Poland to Germans resident in Poland contained in the Convention might be subordinated to reciprocity by Germany.

Mr. Lloyd George suggested that the best plan would be for Poland to make an appeal to the League of Nations on the subject. He felt sure that the Council of the League would sustain them. He thought this would be a much better plan than by making any stipulation on the subject. If there were a bargain by which the Germans were compelled to treat the Poles in their territory in the same manner as the Poles were bound to treat Germans in their territory, there would continually be disputes as to whether Germany had extended these privileges, and it would be an encouragement to extremists to refuse just treatment on the ground that the other party had not done the same. It was, however, to the interests of Poland to treat Germans in their territory as well as possible and to make them contented. Troublesome times might come and it would then be a great advantage that the German population should have no cause for discontent. Further, the Poles’ appeal to the League of Nations would be much stronger if they had treated the Germans well.

M. Paderewski shared Mr. Lloyd George’s point of view in principle, but pointed out that the question arose as to when the authority of the League of Nations would extend over Germany.

President Wilson pointed out that this depended upon when Germany was admitted to the League of Nations and the conditions for this had been laid down in the reply to the German counter-propositions. He considered that Mr. Lloyd George’s plan was the best one. He pointed out that Germany was eager to qualify for admission to the League of Nations, since she was handicapped as against other nations until she had qualified. He suggested that the League might be asked to insist on corresponding treatment to the Poles in German territory as a condition for Germany’s entering into the League of Nations. He regretted that provision for just treatment of Poles in Germany had not been made in the German Treaty and that it would be necessary to postpone the matter for the present, but, in the circumstances, he thought this was the best plan.

M. Clemenceau agreed that the best plan was for Poland to apply to the League of Nations. In reply to an observation by M. Paderewski that the League of Nations might not always consist of persons actuated by the same motives as the Council of the Principal Allied and Associated Powers, he pointed out that, in effect, the Council of the [Page 725] League of Nations could consist of the same persons as the present Council.

3, A second alteration in the Treaty, proposed by M. Paderewski, is contained in the following extract from his letter of June 26th to M. Clemenceau:— Use of the Yiddish Language in Schools

“At the same time, we beg you, M. le Président, to be so good as to modify the text of Article 9 by editing the second paragraph as follows:—

‘In the towns and districts where a considerable proportion of Polish subjects of Jewish faith reside, there shall be assured to this minority an equitable part in the division of the sums which shall be raised from public funds, municipal or otherwise, for the object of education, religion or charity. These sums shall be employed for the establishment, under the control of the Polish State, of primary schools, in which the needs of the Jewish faith shall be duly respected and in which the popular Jewish language (Yiddish) should be considered as an auxiliary language.’”

This modification, M. Paderewski explained, had been asked for by the Polish Jews.

Mr. Lloyd George pointed out that this proposal went far beyond what was contemplated under the present draft of the Treaty.

President Wilson agreed and pointed out that the intention of the present Treaty was that Yiddish should only be used as a medium of instruction and was not to be taught as a separate language.

M. Paderewski said that, as this had been put forward by an influential Jewish body, he had felt it his duty to present it to the Council.

4. M. Paderewski further raised objection to the provision in the Convention with Poland for the Internationalisation of the River Vistula and its tributaries. He feared that this would enable the Germans to obtain advantages. Germany already had advantages in the control of many of the markets affecting Poland. He was ready to conclude any arrangement with the Allied and Associated Powers, but Poland had to remember that Germany did not consider herself bound by treaties. It was being openly declared in German newspapers that Germany would not be morally bound by the Treaty of Peace. The internationalisation of the Vistula was not provided for in the Treaty with Germany. It had been proposed in Commissions and Sub-Commissions, but the proposal had been withdrawn, and thus the Vistula had been recognised as a national Polish river. This was why the Polish Delegation proposed the suppression of Article 6. In reply to questions as to how far the Vistula ran through territory other than Polish, he said that the river itself ran entirely through Polish territory. Its tributary, the Bug, ran part of its course through Ruthenian territory. Internationalisation of the Vistula

President Wilson pointed out that by this article Poland was merely bound to accept for her rivers, the same international regime as Germany had accepted for German rivers. Poland was only asked to come into the same international scheme as was contemplated in other parts of Europe.

M. Paderewski said he felt that this clause gave privileges to the Germans.

5. In the course of the above discussions, the question was raised as to the equipment of the Polish military forces.

Mr. Lloyd George said that in a short conversation he had with M. Paderewski on entering, he had asked him about the condition of the Polish army. He was disturbed to find that this bore out the accounts that he had lately received from General Sir Henry Wilson, namely that part of the Polish forces were quite inadequately armed. The Allied and Associated Powers had plenty of material, and he could not imagine how Poland had been allowed to be short. Military Supplies and Equipment to Poland

President Wilson thought it was due to the difficulty in getting supplies through.

M. Paderewski regretted that this was not really the reason. He had been told to appeál to the Supreme Council. When he had appealed some time ago not one had been willing to help except the Italian Government who had sent several trains of ammunition through Austria. Except for General Haller’s army, however, he had received nothing from the United States of America, France or Great Britain.

Mr. Lloyd George said that Great Britain had been asked to supply Admiral Koltchak, General Denekin and the Archangel Government, and they had done so. He asked if they had refused any specific appeal from Poland.

M. Paderewski said that the appeal had not been made individually to Great Britain but was made to the Council without any result.

President Wilson said that his own recollection was that nothing had been sent, because it was impossible to get any material through.

Mr. Lloyd George said there should be no difficulty about getting it through now. The whole of General Haller’s army had been transported and Dantzig was also available.

M. Paderewski said that the passage of food through Dantzig was being stopped. Many of the soldiers in Poland had not even cartridge belts. He had applied to the United States Army and to Mr. Lansing personally and in writing but could not get any belts, though the surplus of these was actually being burnt in some places. The equipment of General Haller’s army was absolutely first-class, but Poland had some 700,000 men who needed everything. They had no factories themselves, and had an entire lack of raw material.

(It was agreed that the Military Representatives at Versailles should be informed that the Council of the Principal Allied and Associated Powers were anxious to complete the equipment of the Polish Army. The Military Representatives should be directed to make immediate enquiry as to the deficiencies of the Polish Army in equipment and supplies, and to advise as to how and from what sources these could best be made good. The Military Representatives should be authorised to consult the Polish Military Authorities on the subject.)

6. M. Mantoux read the following note from M. Fromageot.

The Treaty with Germany must be ratified by Poland of the Poland in order that it may benefit from it. On the other hand the application of this Treaty so far as concerns Poland is not subordinated to the ratification by Poland of this special Treaty with the Powers for the guarantee of minorities. Importance of Ratification by Poland of the Treaty With the Allied and Associated Powers

It might happen from this that Poland, while refusing to ratify this special Treaty, might become the beneficiary of the Treaty with Germany, a Treaty of which Article 93 however, provides for the protection of minorities in Poland in the form of an engagement with this country.

M. Fromageot has notified the Minister of Foreign Affairs of this question, and Mr. Hurst has equally notified Mr. Balfour.

M. Paderewski said there was no doubt that the Polish Diet would ratify the Treaty.

(It was agreed that no action was called for on this note.)

(M. Paderewski and Mr. Hurst withdrew.)

7. The Council had before them forms of Mandates which had been prepared by Lord Milner and circulated by Mr. Lloyd George. The Form of Mandates: The Belgain Claims in East Africa

President Wilson said that there was some criticisms to make against Lord Milner’s proposals. In his view they hardly provided adequate protection for the native population they did not provide sufficiently for the open door and the Class “C” Mandates did not make provision for missionary activities. He thought that if the Council devoted themselves to this question now, they would find themselves in the position of drafting the Mandates themselves, and he did not feel they were suitably constituted for that purpose. He thought the best plan would be to appoint a special Committee for the purpose.

Mr. Lloyd George did not agree that Lord Milner’s draft did not go sufficiently far as regards the open door. He thought that in some respects his Forms went beyond what was originally contemplated. He agreed, however, in remitting the matter to a special Committee. He thought that perhaps the Committee might transfer its activities to London as this would be more convenient for Lord Milner. Colonel [Page 728] House was about to proceed to London, and as he was informed by Baron Makino, Viscount Chinda, the Japanese Ambassador in London would be the Japanese member of the Committee.

President Wilson suggested that the best plan would be to set up the Commission at once and ask them to hold a special preliminary meeting to arrange their own procedure. He thought it would be a good plan to draw up the Mandates and publish them in order to invite criticism before adopting them. He was prepared, however, to leave this also to the Commission.

Mr. Lloyd George said that a closely connected question was that of the Belgian claims to a part of German East Africa. Lord Milner had agreed a scheme with the representatives of the Belgian Government which the British Government was ready to accept. He felt bound to mention, however, that the Council of the Aborigines Society had lately come to Paris and had raised objections to the allocation of this territory to Belgium. He understood the difficulty was that Belgium desired these territories mainly for the purpose of raising labour rather than for what they contained.

President Wilson said that he believed Belgium had reformed her Colonial administration but the difficulty was that the world did not feel sure that this was the case. He thought the best plan would be to ask the special Committee to hear the Aborigines Society.

Sir Maurice Hankey , alluding to a proposal that M. Clemenceau had made that the question should be discussed on the afternoon of the following day at Versailles after the signature of the Treaty of Peace, said that not only the Belgian representatives would have to be heard, but in addition, the Portuguese representatives who had asked to be heard when questions relating to German East Africa were under consideration.

President Wilson suggested that the Special Committee might hear the Portuguese representatives in addition.

Sir Maurice Hankey pointed out that this would considerably extend the reference to the special Commission.

President Wilson said that the Aborigines ought to be heard in connection with the Mandates.

Mr. Lloyd George said he supposed the question of German East Africa would have to be put off until the Aborigines Society had been heard.

  • Colonel House for the United States of America.
  • Lord Milner for the British Empire.
  • M. Simon for France.
  • M. Crespi for Italy.
  • Viscount Chinda for Japan.

for the following purpose:— 1. To consider the drafting of Mandates. 2. To hear the views of the Aborigines Society in regard to the Belgian claims in German East Africa. [3.] To hear the Portuguese claims in regard to German East Africa.

(Mr. Philip Kerr was summoned into the room and given instructions to invite Lord Milner immediately to summon a preliminary meeting of the Commission.)

8. With reference to C. F. 93, Minute 11, 2 Mr. Lloyd George suggested that a telegram ought to be sent to Admiral Koltchak asking him whether he was willing to agree in the scheme for the co-operation of the Czecho-Slovak forces in With the Right Siberia with the right wing of his army.

(It was agreed that a telegram in this sense ought to be sent, and Mr. Lloyd George undertook to submit a draft to the Council at the Meeting on the following morning.) Siberia: Co-operation of Czecho-Slovak Troops With the Right Wing of Admiral Koltchak’s Army

9. President Wilson suggested that after he himself and Mr. Lloyd George had left, the main work of the Conference should revert to the Council of Ten at the Quai d’Orsay. He said that Mr. Lansing’s presence was required for a time in the United States, and that Mr. Polk 3 would temporarily take his place. Future Work of the Peace Conference

Mr. Lloyd George agreed in the new procedure.

(It was agreed that on the departure of President Wilson and Mr. Lloyd George, the Council of Ten should be re-established at the Quai d’Orsay as the Supreme Council of the Allied and Associated Powers in the Peace Conference.)

10. Mr. Lloyd George said he understood that the upshot of recent conversations was that the Turkish question must be postponed until it was known whether the United States of America could accept a mandate. Turkey

(It was agreed:— 1. That the further consideration of the Treaty of Peace with Turkey should be suspended until such time as the Government of the United States of America could state whether they were able to accept a mandate for a portion of the territory of the former Turkish Empire. 2. That the Turkish Delegation should be thanked for the statements they have made to the Peace Conference, and that a suggestion should be conveyed to them that they might now return to their own country.

The view was generally expressed that Mr. Balfour should be invited to draft the letter to the Turks.)

11. (M. Tardieu was introduced.)

The Council had before them the attached report on the proposals of the French Government in regard to the allocation of certain former German passenger ships to relieve the difficulties of France in regard to passenger tonnage, especially so far as her Colonial lines are concerned. (Appendix I.) Shipping and the French Colonies

Mr. Lloyd George commented that if France and Italy were in a difficult position as regards tonnage, so was Great Britain. He said he could not accept the report because no representative of the Ministry of Shipping had been available to take part in it. He could neither give an assent or a dissent on a shipping question unless the proper expert was available. He had telegraphed on the previous day to the Minister of Shipping, and he hoped that an expert would be available immediately.

(It was agreed that the report should be considered as soon as a representative of the British Ministry of Shipping was available.)

With reference to C. F. 91, Minute I, 5 M. Dutasta handed a letter from the German Delegation on the subject of the signing of the special Convention in regard to the Rhine to M. Mantoux, who translated it into English (Appendix II). In this letter the German Delegation protested against having to sign the Rhine Convention simultaneously with the Treaty of Peace, on the ground that Article 232 provided only for a subsequent convention. They intimated, however, that they would not press their objection if conversations could take place later on the subject. Signing of Rhine Convention

(On M. Clemenceau’s suggestion, it was agreed to reply in the sense that the Rhine Convention must be signed on the same day as the Treaty of Peace with Germany, but that the Allied and Associated Powers would not object to subsequent meetings to discuss details.

Captain Portier drafted a reply, 5a which was read and approved. M. Clemenceau undertook to dispatch it immediately.)

13. M. Dutasta also handed a Note from the German Delegation to M. Mantoux, which he translated into English, containing the German consent to the addition of a special Protocol to the Treaty of Peace with Germany, as proposed some days before. (Appendix III.) German Agreement to a Special Protocol

14. The Council had under consideration the question of the size of the Army of Occupation of the Provinces west of the Rhine. In this connection they had before them the report of the special Commission appointed to consider this question as well as to draw up a Convention regarding the military occupation of the territories of the Rhine. Size of the Force for the Occupation of the Rhine Provinces

(It was agreed to refer the question to the Military Representatives of the Supreme War Council at Versailles.)

15. (With reference to C. F. 79, Minute 4, 6 it was agreed that the Secretary-General should be authorised to communicate the decision concerning the frontier between Roumania and Jugo-Slavia in the Banat to the representatives in Paris of the countries concerned.)

16. With reference to C. F. 92, Minute 20, 7 the following telegram was approved and initialled by the representatives of the Five Principal Allied and Associated Powers:—

“The Supreme Council of the Allied and Associated Powers has decided to authorise the Polish Government to utilise any of its military forces, including General Haller’s army, in Eastern Galicia.” Use of General Haller’s Army in Eastern Galicia

N. B.—It was explained that this decision was consequential to the decision that the Polish Government be authorised to occupy with its military forces Eastern Galicia up to the River Zbruck, and had been recommended by the Council of Foreign Ministers on June 25th.

(Captain Portier undertook to communicate the initialled telegram to the Secretary-General for despatch.)

17. (M. Claveille and General Mance 8 were introduced.)

General Mance explained that the Sudbahn was the railway from Vienna to Trieste with a branch to Fiume and a branch to Innsbruck, which went through to Irent. By the Treaty of Peace, it was divided into five parts. The bondholders were largely French. The Governments of Austria, Jugo-Slavia, Italy and Hungary each had the right under the Treaty of Peace with Austria to expropriate the portion running through its territory. Various proposals had been made for meeting the difficult situation created. The simplest was that of the Czecho-Slovak Government, which, moreover, was disinterested. Their proposal was that there should be an agreement between the four Governments in regard to the status of the railway, including the rights of expropriation and the financial arrangements. Failing agreement between the four Governments, arbitration should be arranged by the Council of the League of Nations. The Sudbahn

(At M. Sonnino’s request, the subject was postponed until the following day, when Italian, as well as British and French experts might be present.)

Appendix I to CF–96

[ Report on Allocation to France of Certain Former German Passenger Ships ]

The Committee are of opinion that in view, on the one hand, of the decisions of the A. M. T. C. 9 as to the allocation of enemy ships for management, and on the other hand of the provisions of para. 2, Annex III, Part VIII (Reparation) of the Treaty of Peace, they have no authority to propose a distribution of enemy ships, either for management or final allocation.

They recognise the extremely critical position of France as regards passenger tonnage, specially insofar as her colonial lines are concerned the decrease being figured by France at about 60%, without any means of rapidly making good the deficit with her own resources.

They are of opinion that, in view of the fact that the passenger ships allocated for management to the United States for the transportation of troops will soon become available, the present Reparation Commission under the Peace Conference should report to the Supreme Council on the possibility, pending a final decision on the above mentioned problem, to place the said passenger ships at the disposal of France.

The Italian Delegate, who has not been able to attend to the meeting, agrees, but he observes that the condition of Italy must be considered at the same time, as this condition is more grave than the condition of France.

Appendix II to CF–96

[ The President of the German Delegation ( Von Haniel ) to the President of the Peace Conference ( Clemenceau )]

Sir : The Imperial Minister for Foreign Affairs has instructed me to inform Your Excellency as follows:—

“The Allied and Associated Governments demand, with reference to Article 432 of the conditions of Peace, that the draft Agreement regarding the military occupation of the Rhine districts communicated to the German Peace Delegation on the 16th inst. should be signed by Germany without any negotiation and at the same time as the Treaty of Peace. The German Government must make the following observations in regard to this:

“The sense of Article 432 should not, in the opinion of the German Government, be interpreted to mean that Germany is bound to recognise as binding without any further negotiation the contents of an Agreement drawn up by the Allied and Associated Powers alone. An ‘arrangement’ (agreement), as it is described in the Article, presupposes agreement. If Germany undertakes beforehand to fulfil the terms of the ‘arrangement’ it can only be for the purpose and with the object of investing the submission of Germany to the Agreement to be concluded with a solemn form and with greater significance, and also of guaranteeing the other Powers concerned against the danger of Germany fundamentally opposing such an Agreement or making impossible proposals in the course of the negotiations thereon (see observations on pages 44 et seq. of the memorandum of the Allied and Associated Governments of the 16th instant 10 regarding Articles 283 and 284 of the draft). It must moreover be pointed out that the signature of the Agreement was not made one of the conditions of the ultimatum of the 16th instant. The request which is now made that the Agreement should be signed at the same time as the Treaty of Peace implies a new demand which is not based on any of the conditions hitherto imposed by our opponents and seems to have all the less foundation in view of the fact that it demands of Germany in an even more unilateral manner than in the case of the Treaty of Peace to sign an Agreement without the opportunity of formulating any expression of her views. Apart from the above mentioned juridical point of view it would, in the opinion of the German Government be to the interest of both parties if the Draft in question in the first instance formed the subject of special negotiations. As at present worded the Agreement can hardly be in accordance with the intentions of its authors. The conditions are apparently intended to be adapted to the situation in Germany, but they do not fulfil their object for the very complicated state of affairs in the [Page 734] German States concerned was not known to those authors. Other stipulations do not fulfil practical requirements and would probably in the course of oral discussion have been modified in such a way as to be more in harmony with the interests both of the troops of occupation and of Germany. The German Government is not in a position to refuse to sign the Agreement if the Allied and Associated Powers make this a subsequent condition for the conclusion of Peace. In case the Allied and Associated Governments maintain their point of view, therefore, it (the German Government) will give the German Delegates who are empowered to sign the Treaty of Peace full powers to sign the Agreement at the same time. It must, however, be pointed out that the Agreement, the conditions of which encroach in a far-reaching manner on the juridical rights of Germany, requires ratification like the Treaty of Peace itself, and Germany is ready to effect this rapidly. It would, moreover, in any case be necessary directly after signature for Plenipotentiaries of both contracting parties to meet together in order to complete and rectify the stipulations of the Agreement.”

Appendix III to CF–96

[ The President of the German Delegation ( Von Haniel ) to the President of the Peace Conference ( Clemenceau )]

Sir : The Imperial Minister for Foreign Affairs has instructed me to inform Your Excellency as follows:—

“The German Government gathers from the Note of the 16th [ 21st ] instant 11 that the Allied and Associated Governments consider also as binding those promises contained in their memorandum of the 16th instant, 12 which were not specially noted in the provisions of the Treaty of Peace. In order to avoid misunderstanding it has no objection to some of those promises being laid down in a final Protocol, as proposed in the Note of the 21st instant.”


4. Treaty between the Principal Allied and Associated Powers and Czechoslovakia, signed at Saint-Germain-en-Laye, September 10, 1919 1

Signed at Saint-Germain-en-Laye, September 10, 1919 in force by deposit of ratification for Czechoslovakia, July 16, 1920 for the British Empire, August 16, 1920 for Japan, October 14, 1920 (notice of ratification deposited January 25, 1921) Italy, December 15, 1920 France, July 29, 1921.

United States: Not submitted to the Senate by the President Unperfected Treaties U–9.

THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, ITALY, AND JAPAN,

the Principal Allied and Associated Powers,

Whereas the union which formerly existed between the old Kingdom of Bohemia, the Markgraviate of Moravia and the Duchy of Silesia on the one hand and the other territories of the former Austro-Hungarian Monarchy on the other has definitely ceased to exist, and

Whereas the peoples of Bohemia, of Moravia and of part of Silesia, as well as the peoples of Slovakia, have decided of their own free will to unite, and have in fact united, in a permanent union for the purpose of forming a single sovereign independent State under the title of the Czecho-Slovak Republic, and

Whereas the Ruthene peoples to the south of the Carpathians have adhered to this union, and

Whereas the Czecho-Slovak Republic in fact exercises sovereignty over the aforesaid territories and has already been recognised as a sovereign independent State by the other High Contracting Parties,

The United States of America, the British Empire, France, Italy and Japan on the one hand, confirming their recognition of the Czecho-Slovak State as a sovereign and independent member of the Family of Nations within the boundaries which have been or may be determined in accordance with the terms of the Treaty of Peace with Austria of even date

Czecho-Slovakia on the other hand, desiring to conform her institutions to the principles of liberty and justice, and to give a sure guarantee to all the inhabitants of the territories over which she has assumed sovereignty

The High Contracting Parties, anxious to assure the execution of Article 57 of the said Treaty of Peace with Austria [and Article 86 of the Treaty of Peace with Germany]

Have for this purpose named as their Plenipotentiaries, that is to say:

  • The Honourable Frank Lyon Polk , Under Secretary of State
  • The Honourable Henry White , formerly Ambassador Extraordinary and Plenipotentiary of the United States at Rome and Paris
  • General Tasker H. Bliss , Military Representative of the United States on the Supreme War Council
  • The Right Honourable Arthur James Balfour , O.M., M.P., His Secretary of State for Foreign Affairs
  • The Right Honourable Andrew Bonar Law , M.P., His Lord Privy Seal
  • The Right Honourable Viscount Milner , G.C.B., G.C.M.G., His Secretary of State for the Colonies
  • The Right Honourable George Nicoll Barnes , M.P., Minister without portfolio
  • The Right Honourable Viscount Milner , G.C.B., G.C.M.G. for the DOMINION of NEW ZEALAND:
  • The Honourable Sir Thomas Mackenzie , K.C.M.G., High Commissioner for New Zealand in the United Kingdom
  • Mr. Georges Clemenceau , President of the Council, Minister of War
  • Mr. Stephen Pichon , Minister for Foreign Affairs
  • Mr. Louis-Lucien Klotz , Minister of Finance
  • Mr. André Tardieu , Commissary General for Franco-American Military Affairs
  • Mr. Jules Cambon , Ambassador of France
  • The Honourable Tommaso Tittoni , Senator of the Kingdom, Minister for Foreign Affairs
  • The Honourable Vittorio Scialoja , Senator of the Kingdom
  • The Honourable Maggiorino Ferraris , Senator of the Kingdom
  • The Honourable Guglielmo Marconi , Senator of the Kingdom
  • The Honourable Silvio Crespi , Deputy
  • Viscount Chinda , Ambassador Extraordinary and Plenipotentiary of H.M. the Emperor of Japan at London
  • Mr. K. Matsui , Ambassador Extraordinary and Plenipotentiary of H.M. the Emperor of Japan at Paris
  • Mr. H. Ijuin , Ambassador Extraordinary and Plenipotentiary of H.M. the Emperor of Japan at Rome
  • Mr. Karel Kramàr , President of the Council of Ministers
  • Mr. Edward Benes , Minister for Foreign Affairs

Who, after having exchanged their full powers, found in good and due form, have agreed as follows:

Czecho-Slovakia undertakes that the stipulations contained in Articles 2 to 8 of this Chapter shall be recognised as fundamental laws and that no law, regulation or official action shall conflict or interfere with these stipulations, nor shall any law, regulation or official action prevail over them.

Czecho-Slovakia undertakes to assure full and complete protection of life and liberty to all inhabitants of Czecho-Slovakia without distinction of birth, nationality, language, race or religion.

All inhabitants of Czecho-Slovakia shall be entitled to the free exercise, whether public or private, of any creed, religion or belief, whose practices are not inconsistent with public order or public morals.

Subject to the special provisions of the Treaties mentioned below, Czecho-Slovakia admits and declares to be Czecho-Slovak nationals ipso facto and without the requirement of any formality German, Austrian or Hungarian nationals habitually resident or possessing rights of citizenship ( pertinenza, Heimatsrecht ) as the case may be at the date of the coming into force of the present Treaty in territory which is or may be recognised as forming part of Czecho-Slovakia under the Treaties with Germany, Austria or Hungary respectively, or under any Treaties which may be concluded for the purpose of completing the present settlement.

Nevertheless, the persons referred to above who are over eighteen years of age will be entitled under the conditions contained in the said Treaties to opt for any other nationality which may be open to them. Option by a husband will cover his wife and option by parents will cover their children under eighteen years of age.

Persons who have exercised the above right to opt must within the succeeding twelve months transfer their place of residence to the State for which they have opted. They will be entitled to retain their immovable property in Czecho-Slovak territory. They may carry with them their movable property of every description. No export duties may be imposed upon them in connection with the removal of such property.

Czecho-Slovakia admits and declares to be Czecho-Slovak nationals ipso facto and without the requirement of any formality persons of German, Austrian or Hungarian nationality who were born in the territory referred to above of parents habitually resident or possessing rights of citizenship ( pertinenza, Heimatsrecht ) as the case may be there, even if at the date of the coming into force of the present Treaty they are not themselves habitually resident or did not possess rights of citizenship there.

Nevertheless, within two years after the coming into force of the present Treaty, these persons may make a declaration before the competent Czecho-Slovak authorities in the country in which they are resident, stating that they abandon Czecho-Slovak nationality, and they will then cease to be considered as Czecho-Slovak nationals. In this connection a declaration by a husband will cover his wife, and a declaration by parents will cover their children under eighteen years of age.

Czecho-Slovakia undertakes to put no hindrance in the way of the exercise of the right which the persons concerned have under the Treaties concluded or to be concluded by the Allied and Associated Powers with Germany, Austria or Hungary to choose whether or not they will acquire Czecho-Slovak nationality.

All persons born in Czecho-Slovak territory who are not born nationals of another State shall ipso facto become Czecho-Slovak nationals.

All Czecho-Slovak nationals shall be equal before the law and shall enjoy the same civil and political rights without distinction as to race, language or religion.

Differences of religion, creed or confession shall not prejudice any Czecho-Slovak national in matters relating to the enjoyment of civil or political rights, as for instance admission to public employments, functions and honours, or the exercise of professions and industries.

No restriction shall be imposed on the free use by any Czechoslovak national of any language in private intercourse, in commerce, in religion, in the press or publications of any kind, or at public meetings.

Notwithstanding any establishment by the Czecho-Slovak Government of an official language, adequate facilities shall be given to Czecho-Slovak nationals of non-Czech speech for the use of their language, either orally or in writing, before the courts.

Czecho-Slovak nationals who belong to racial, religious or linguistic minorities shall enjoy the same treatment and security in law and in fact as the other Czecho-Slovak nationals. In particular they shall have an equal right to establish, manage and control at their own expense charitable, religious and social institutions, schools and other educational establishments, with the right to use their own language and to exercise their religion freely therein.

Czecho-Slovakia will provide in the public educational system in towns and districts in which a considerable proportion of Czecho-Slovak nationals of other than Czech speech are residents adequate facilities for ensuring that the instruction shall be given to the children of such Czecho-Slovak nationals through the medium of their own language. This provision shall not prevent the Czechoslovak Government from making the teaching of the Czech language obligatory.

In towns and districts where there is a considerable proportion of Czecho-Slovak nationals belonging to racial, religious or linguistic minorities, these minorities shall be assured an equitable share in the enjoyment and application of the sums which may be provided [Page 814] out of public funds under the State, municipal or other budget, for educational, religious or charitable purposes.

Czecho-Slovakia undertakes to constitute the Ruthene territory south of the Carpathians within frontiers delimited by the Principal Allied and Associated Powers as an autonomous unit within the Czecho-Slovak State, and to accord to it the fullest degree of self-government compatible with the unity of the Czecho-Slovak State.

The Ruthene territory south of the Carpathians shall possess a special Diet. This Diet shall have powers of legislation in all linguistic, scholastic and religious questions, in matters of local administration, and in other questions which the laws of the Czecho-Slovak State may assign to it. The Governor of the Ruthene territory shall be appointed by the President of the Czecho-Slovak Republic and shall be responsible to the Ruthene Diet.

Czecho-Slovakia agrees that officials in the Ruthene territory will be chosen as far as possible from the inhabitants of this territory.

Czecho-Slovakia guarantees to the Ruthene territory equitable representation in the legislative assembly of the Czecho-Slovak Republic, to which Assembly it will send deputies elected according to the constitution of the Czecho-Slovak Republic. These deputies will not, however, have the right of voting in the Czecho-Slovak Diet upon legislative questions of the same kind as those assigned to the Ruthene Diet.

Czecho-Slovakia agrees that the stipulations of Chapters I and II so far as they affect persons belonging to racial, religious or linguistic minorities constitute obligations of international concern and shall be placed under the guarantee of the League of Nations. They shall not be modified without the assent of a majority of the Council [Page 815] of the League of Nations. The United States, the British Empire, France, Italy and Japan hereby agree not to withhold their assent from any modification in these Articles which is in due form assented to by a majority of the Council of the League of Nations.

Czecho-Slovakia agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction, or any danger of infraction, of any of these obligations, and that the Council may thereupon take such action and give such direction as it may deem proper and effective in the circumstances.

Czecho-Slovakia further agrees that any difference of opinion as to questions of law or fact arising out of these Articles between the Czecho-Slovak Government and any one of the Principal Allied and Associated Powers or any other Power, a Member of the Council of the League of Nations, shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations. The Czecho-Slovak Government hereby consents that any such dispute shall, if the other party hereto demands, be referred to the Permanent Court of International Justice. The decision of the Permanent Court shall be final and shall have the same force and effect as an award under Article 13 of the Covenant.

Each of the Principal Allied and Associated Powers on the one part and Czecho-Slovakia on the other shall be at liberty to appoint diplomatic representatives to reside in their respective capitals, as well as Consuls-General, Consuls, Vice-Consuls and Consular agents to reside in the towns and ports of their respective territories.

Consuls-General, Consuls, Vice-Consuls and Consular agents, however, shall not enter upon their duties until they have been admitted in the usual manner by the Government in the territory of which they are stationed.

Consuls-General, Consuls, Vice-Consuls and Consular agents shall enjoy all the facilities, privileges, exemptions and immunities of every kind which are or shall be granted to consular officers of the most favoured nation.

Pending the establishment of an import tariff by the Czechoslovak Government, goods originating in the Allied, or Associated [Page 816] States shall not be subject to any higher duties on importation into Czecho-Slovakia than the most favourable rates of duty applicable to goods of the same kind under the Austro-Hungarian Customs Tariff on July 1, 1914.

Czecho-Slovakia undertakes to make no treaty, convention or arrangement and to take no other action which will prevent her from joining in any general agreement for the equitable treatment of the commerce of other States that may be concluded under the auspices of the League of Nations within five years from the coming into force of the present Treaty.

Czecho-Slovakia also undertakes to extend to all the Allied and Associated States any favours or privileges in customs matters which it may grant during the same period of five years to any State with which since August, 1914, the Allied and Associated States have been at war, other than favours or privileges which may be granted under the special customs arrangements provided for in Article 222 of the Treaty of Peace of even date with Austria.

The international convention relating to the simplification of customs formalities concluded at Geneva on November 3, 1923 and in force November 27, 1924 (30 League of Nations Treaty Series, p. 371) partially realized the situation contemplated in paragraph 1. Czechoslovakia deposited its ratification of the convention February 10, 1927.

excerpt from treaty of peace between the allied and associated powers and austria, signed at saint-germain-en-laye, september 10, 1919

“ Article 222. Notwithstanding the provisions of Articles 217 to 220, the Allied and Associated Powers agree that they will not invoke these provisions to secure the advantage of any arrangements which may be made by the Austrian Government with the Governments of Hungary or of the Czecho-Slovak State for the accord of a special customs regime to certain natural or manufactured products which both originate in and come from those countries, and which shall be specified in the arrangements, provided that the duration of these arrangements does not exceed a period of five years from the coming into force of the present Treaty.”

Pending the conclusion of the general agreement referred to above, Czecho-Slovakia undertakes to treat on the same footing as national vessels or vessels of the most favoured nation the vessels of all the Allied and Associated States which accord similar treatment to Czecho-Slovak vessels.

Pending the conclusion under the auspices of the League of Nations of a general convention to secure and maintain freedom of communications and of transit, Czecho-Slovakia undertakes to accord freedom of transit to persons, goods, vessels, carriages, wagons and mails in transit to or from any Allied or Associated State over Czecho-Slovak territory, and to treat them at least as favourably as the persons, goods, vessels, carriages, wagons and mails respectively of Czecho-Slovak or of any other more favoured nationality, origin, importation or ownership as regards facilities, charges, restrictions, and all other matters.

All charges imposed in Czecho-Slovakia on such traffic in transit shall be reasonable having regard to the conditions of the traffic. Goods in transit shall be exempt from all customs or other duties.

Tariffs for transit traffic across Czecho-Slovakia and tariffs between Czecho-Slovakia and any Allied or Associated Power involving through tickets or waybills shall be established at the request of that Allied or Associated Power.

Freedom of transit will extend to postal, telegraphic and telephonic services.

Provided that no Allied or Associated Power can claim the benefit of these provisions on behalf of any part of its territory in which reciprocal treatment is not accorded in respect of the same subject matter.

If within a period of five years from the coming into force of the present Treaty no general convention as aforesaid shall have been concluded under the auspices of the League of Nations, Czecho-Slovakia shall be at liberty at any time thereafter to give twelve months notice to the Secretary General of the League of Nations to terminate the obligations of the present Article.

Czechoslovakia within the stipulated period became a party to:

The convention and statute on freedom of transit, Barcelona, [Page 818] April 20, 1921 in force October 31, 1922 in force for Czecho-slovakia, October 29, 1923 7 League of Nations Treaty Series, p. 11

The convention and statute on the regime of navigable waterways of international concern and additional protocol, Barcelona, April 20, 1921 in force October 31, 1922 and October 8, 1921 in force for Czechoslovakia, September 28, 1924 7 ibid. , pp. 35, 65

The declaration recognizing the right to a flag of states having no seacoast, Barcelona, April 20, 1921 registered October 8, 1921 in force for Czechoslovakia, September 8, 1924 7 ibid. , p. 73

Czechoslovakia signed but did not ratify the convention and statute on the international regime of railways, Geneva, December 9, 1923 in force March 23, 1926 47 ibid. , p. 55.

Czecho-Slovakia undertakes to adhere within twelve months of the coming into force of the present Treaty to the International Conventions specified in Annex I.

Czecho-Slovakia undertakes to adhere to any new Convention, concluded with the approval of the Council of the League of Nations within five years of the coming into force of the present Treaty, to replace any of the international instruments specified in Annex I.

The Czecho-Slovak Government undertakes within twelve months to notify the Secretary General of the League of Nations whether or not Czecho-Slovakia desires to adhere to either or both of the International Conventions specified in Annex II.

Until Czecho-Slovakia has adhered to the two Conventions last specified in Annex I, she agrees, on condition of reciprocity, to protect by effective measures the industrial, literary and artistic property of nationals of the Allied and Associated States. In the case of any Allied or Associated State not adhering to the said Conventions Czecho-Slovakia agrees to continue to afford such effective protection on the same conditions until the conclusion of a special bilateral treaty or agreement for that purpose with such Allied or Associated State.

Pending her adhesion to the other Conventions specified in Annex I, Czecho-Slovakia will secure to the nationals of the Allied and Associated Powers the advantages to which they would be entitled under the said Conventions.

Czecho-Slovakia further agrees, on condition of reciprocity, to recognise and protect all rights in any industrial, literary or [Page 819] artistic property belonging to the nationals of the Allied and Associated States in force, or which but for the war would have been in force, in any part of her territory. For such purpose she will accord the extensions of time agreed to in Articles 259 and 260 of the Treaty of Peace with Austria [articles 307 and 308 of the Treaty of Peace with Germany].

The periods were one year and six months respectively.

Conventions and agreements of the Universal Postal Union signed at Vienna, July 4, 1891.

Conventions and agreements of the Postal Union signed at Washington, June 15, 1897.

Conventions and agreements of the Postal Union signed at Rome, May 26, 1906.

For details concerning these instruments see treaty of peace with Germany, article 283.

telegraphic and radio-telegraphic conventions.

International Telegraphic Convention signed at St. Petersburg, July 10/22, 1875.

Regulations and Tariffs drawn up by the International Telegraph Conference of Lisbon, June 11, 1908.

International Radio-Telegraphic Convention, July 5, 1912.

For details concerning these instruments see treaty of peace with Germany, articles 283 and 284.

Convention and arrangements signed at Berne on October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898, and September 19, 1906, and the current supplementary provisions made under those Conventions.

Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 15, 1907.

Agreement of May 15, 1886, regarding the technical standardisation of railways, as modified on May 18, 1907.

The international convention on the transport of merchandise by railway of October 14, 1890 is at 82 British and Foreign State Papers , p. 771 the additional agreement of July 16, 1895 is at ibid. , p. 802 the convention amending the 1890 convention, signed at Paris, June 16, 1898, is at 92 ibid. , p. 433 the additional convention to the 1890 convention signed at Bern, September 19, 1906 is at 110 Archives diplomatiques , 1937.

Concerning the other instruments see articles 282 (3) and (4), 366.

Conventions of Paris and Vienna of April 3, 1894, March 19, 1897, and December 3, 1903.

Concerning these instruments see article 282 (19).

Convention of September 26, 1906, for the suppression of night work for women.

Convention of September 26, 1906, for the suppression of the use of white phosphorus in the manufacture of matches.

Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the White Slave Traffic.

Convention of May 4, 1910, regarding the suppression of obscene publications.

International Convention of Paris of March 20, 1883, as revised at Washington in 1911, for the protection of industrial property.

International Convention of Berne of September 9, 1886, revised at Berlin on November 13, 1908, and completed by the Additional Protocol signed at Berne on March 20, 1914, for the protection of literary and artistic works.

Concerning these instruments see articles 282 (15), 282 (16), 282 (17), 282 (18) and 286.

Agreement of Madrid of April 14, 1891, for the prevention of false indications of origin on goods, revised at Washington in 1911.

Agreement of Madrid of April 14, 1891, for the international registration of trade marks, revised at Washington in 1911.

The agreement revising the agreement of Madrid, April 14, 1891, for prevention of false indication of origin of goods, signed at Washington, June 2, 1911, is at 104 British and Foreign State Papers , p. 137 the agreement revising the agreement of Madrid, April 14, 1891, for the international registration of trade marks, signed at Washington June 2, 1911 is at 108 ibid. , p. 404.

All rights and privileges accorded by the foregoing Articles to the Allied and Associated States shall be accorded equally to all States Members of the League of Nations.

The present Treaty , in French, in English and in Italian, of which the French text shall prevail in case of divergence, shall be ratified. It shall come into force at the same time as the Treaty of Peace with Austria.

The deposit of ratifications shall be made at Paris.

Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given in that case they must transmit the instrument of ratification as soon as possible.

A procès-verbal of the deposit of ratifications will be drawn up.

The French Government will transmit to all the Signatory Powers a certified copy of the procès-verbal of the deposit of ratifications.

In Faith Whereof the above-named Plenipotentiaries have signed the present Treaty.

Done at Saint-Germain-en-Laye, the tenth day of September, one thousand nine hundred and nineteen, in a single copy which will remain deposited in the archives of the French Republic, and of [Page 822] which authenticated copies will be transmitted to each of the Signatory Powers.


List of Members states

Annual session of the Assembly

Membership to the LoN is open to any fully self-governing State, Dominion or Colony if its admission is agreed to by two-thirds of the Assembly provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval, and air forces and armaments. The member states are, by continent, the following:

Americas

    Argentina (left in 1931 on rejection of a South Alliance resolution that all sovereign states be admitted to the League. It resumed full membership in 1933) Bolivia Brazil (left in 1931 on rejection of a South Alliance resolution that all sovereign states be admitted to the League. It resumed full membership in 1933) Canada (British Empire/ICF separate membership) Chile (left in 1931 on rejection of a South Alliance resolution that all sovereign states be admitted to the League. It resumed full membership in 1933) Colombia Cuba (withdrew 1928, because of US Invasion) El Salvador (1921 withdrew on formation of the Federal Republic of Central America) Guatemala (1921 withdrew on formation of the Federal Republic of Central America) Honduras (1921 withdrew on formation of the Federal Republic of Central America) Nicaragua (1921 withdrew on formation of the Federal Republic of Central America) Panama Paraguay (withdrew 1936) Peru (withdrew 1936) Uruguay (left in 1931 on rejection of a South Alliance resolution that all sovereign states be admitted to the League. It resumed full membership in 1933) Venezuela (withdrew 1936) Costa Rica (1921 withdrew on formation of the Federal Republic of Central America) Federal Republic of Central America (joined 1922) Mexico (joined 1931) Ecuador (joined 1934)

Europe

    Finland (joined 1921) Luxembourg (joined 1921) Albania (joined 1921) Estonia (joined 1921) Lithuania (joined 1921) Austria-Hungary (joined 1921) Latvia (joined 1923)  Kingdom of Bulgaria (joined 1923) Irish Free State (joined 1923, British Empire/ICF separate membership) Romania (joined 1925) Republic of Serbia, former Kingdom of Serbia (joined 1925) Germany (joined 1926)
    Australia (British Empire/ICF separate membership) New Zealand (British Empire/ICF separate membership) Empire of Japan (withdrew 1934) Siam (known as Thailand from 1939) Iran/Persia (known as Iran from 1934) Turkey (joined 1932) India (joined 1932, British Empire/ICF separate membership)

Africa


Table of Treaties

– Agreement (with annex) respecting regular air services between the Netherlands and the Republic of Argentina (signed at Buenos Aires on 29 October 1948, entered provisionally into force on 29 October 1948 by signature and definitively on 14 October 1950, in accordance with article xx ) 95 unts 21

– Agreement on the Cessation of Hostilities in Viet-Nam (Cambodia, Lao People’s Democratic Republic, Vietnam) (signed at Geneva on 20 July 1954, entered into force on 22 July 1954) available at http://peacemaker.un.org/node/1477 (‘Geneva Agreements’)

– International Convention on the Elimination of All Forms of Racial Discrimination (signed at New York on 7 March 1966, entered into force on 4 January 1969) 660 unts 195

– Agreement concerning Air Transport Services concluded between the US and the ussr (with Annex, Supplementary Agreement and Exchange of Notes) (signed at Washington D.C. on 4 November 1966) icao Registration No. 1956 (no longer in force)

– Convention on the Protection and Use of Transboundary Watercourses and International Lakes (signed at Helsinki on 17 March 1992, entered into force on 6 October 1996) 1936 unts 269

– Treaty on Open Skies (signed at Helsinki on 24 March 1992, entered into force on 1 January 2002), available at http://disarmament.un.org/treaties/t/open_skies

– Agreement on Subsidies and Countervailing Measures (signed at Marrakesh on 15 April 1994) 1867 unts 14 (‘ scm Agreement’)

– Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (signed at Washington D.C. on 28 September 1995) available at https://peacemaker .un.org/sites/peacemaker.un.org/files/IL%20PS_950928 _InterimAgreementWestBankGazaStrip%28OsloII%29.pdf ‘Oslo ii Agreement’

– Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction (signed at Oslo on 18 September 1997, entered into force on 1 March 1999) 2056 unts 241

– Constitutive Act of the African Union (signed at Lomé on 11 July 2000, entered into force on 26 May 2001) 2158 unts 3

– Agreement between the United States of America and Botswana (signed at Gaborone on 24 July 2000, entered into force on 24 July 2000) tias 13106

– Agreement between the Great Socialist People’s Libyan Arab Jamahiriya and the Swiss Confederation on the settlement of a dispute (signed on 20 August 2009, entered into force on 20 August 2009), https://www.fedlex.admin.ch/eli/treaty/9999/3637/en

– Agreement between the Government of the Russian Federation and the Government of the Turkish Republic on Terms of Mutual Visits by Citizens of Russia and Turkey (signed on 12 May 2010)


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