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THE COVENANT OF THE LEAGUE OF NATIONS.
THE HIGH CONTRACTING PARTIES, In order to promote international
co-operation and to achieve international peace and security by
the
acceptance of obligations not to resort to war by the prescription
of open, just and honourable relations between nations by the
firm
establishment of the understandings of international law as the
actual rule of conduct among Governments, and by the maintenance
of
justice and a scrupulous respect for all treaty obligations in
the
dealings of organised peoples with one another Agree to this
Covenant of the League of Nations.
ARTICLE I.
The original Members of the League of Nations shall be those
of the
Signatories which are named in the Annex to this Covenant and
also
such of those other States named in the Annex as shall accede
without reservation to this Covenant. Such accession shall be
effected by a Declaration deposited with the Secretariat within
two
months of the coming into force of the Covenant Notice thereof
shall be sent to all other Members of the League. Any fully
self-governing State, Dominion, or Colony not named in the Annex
may become a Member of the League 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.Any Member of the League may, after two years' notice
of
its intention so to do, withdraw from the League, provided that
all
its international obligations and all its obligations under this
Covenant shall have been fulfilled at the time of its withdrawal.
ARTICLE 2.
The action of the League under this Covenant shall be effected
through the instrumentality of an Assembly and of a Council, with
a
permanent Secretariat.
ARTICLE 3.
The Assembly shall consist of Representatives of the Members
of the
League. The Assembly shall meet at stated intervals and from time
to time as occasion may require at the Seat of the League or at
such other place as may be decided upon.The Assembly may deal
at
its meetings with any matter within the sphere of action of the
League or affecting the peace of the world. At meetings of the
Assembly each Member of the League shall have one vote, and may
not
have more than three Representatives.
ARTICLE 4.
The Council shall consist of Representatives of the Principal
Allied and Associated Powers, together with Representatives of
four
other Members of the League. These four Members of the League
shall
be selected by the Assembly from time to time in its discretion.
Until the appointment of the Representatives of the four Members
of
the League first selected by the Assembly, Representatives of
Belgium, Brazil, Spain, and Greece shall be members of the Council.
With the approval of the majority of the Assembly, the Council
may
name additional Members of the League whose Representatives shall
always be members of the Council; the Council with like approval
may increase the number of Members of the League to be selected
by
the Assembly for representation on the Council. The Council shall
meet from time to time as occasion may require, and at least once
a
year, at the Seat of the League, or at such other place as may
be
decided upon. The Council may deal at its meetings with any matter
within the sphere of action of the League or affecting the peace
of
the world. Any Member of the League not represented on the Council
shall be invited to send a Representative to sit as a member at
any
meeting of the Council during the consideration of matters
specially affecting the interests of that Member of the League.
At
meetings of the Council, each Member of the League represented
on
the Council shall have one vote, and may have not more than one
Representative.
ARTICLE 5.
Except where otherwise expressly provided in this Covenant
or by
the terms of the present Treaty, decisions at any meeting of the
Assembly or of the Council shall require the agreement of all
the
Members of the League represented at the meeting. All matters
of
procedure at meetings of the Assembly or of the Council, including
the appointment of Committees to investigate particular matters,
shall be regulated by the Assembly or by the Council and may be
decided by a majority of the Members of the League represented
at
the meeting. The first meeting of the Assembly and the first
meeting of the Council shall be summoned by the President of the
United States of America.
ARTICLE 6.
The permanent Secretariat shall be established at the Seat
of the
League. The Secretariat shall comprise a Secretary General and
such
secretaries and staff as may be required.The first Secretary
General shall be the person named in the Annex; thereafter the
Secretary General shall be appointed by the Council with the
approval of the majority of the Assembly.The secretaries and staff
of the Secretariat shall be appointed by the Secretary General
with
the approval of the Council.The Secretary General shall act in
that
capacity at all meetings qf the Assembly and of the Council.The
expenses of the Secretariat shall be borne by the Members of the
League in accordance with the apportionment of the expenses of
the
International Bureau of the Universal Postal Union.
ARTICLE 7.
The Seat of the League is established at Geneva. The Council
may at
any time decide that the Seat of the League shall be established
elsewhere. All positions under or in connection with the League,
including he Secretariat, shall be open equally to men and women.
Representatives of the Members of the League and officials of
he
League when engaged on the business of the League shall enjoy
diplomatic privileges and immunities.The buildings and other
property occupied by the League or its officials or by
Representatives attending its meetings sha11 be inviolable.
ARTICLE 8.
The Members of the League recognise that the maintenance of
peace
requires the reduction of national armaments to the lowest point
consistent with national safety and the enforcement by common
action of international obligations. The Council, taking account
of
the geographical situation and circumstances of each State, shall
formulate plans for such reduction for the consideration and action
of the several Governments. Such plans shall be subject to
reconsideration and revision at least every ten years. After these
plans shall have been adopted by the several Governments, the
limits of armaments therein fixed shall not be exceeded without
the
concurrence of the Council. The Members of the League agree that
the manufacture by private enterprise of munitions and implements
of war is open to grave objections. The Council shall advise how
the evil effects attendant upon such manufacture can be prevented,
due regard being had to the necessities of those Members of the
League which are not able to manufacture the munitions and
implements of war necessary for their safety. The Members of the
League undertake to interchange full and frank information as
to
the scale of their armaments, their military, naval, and air
programmes and the condition of such of their industries as are
adaptable to war-like purposes.
ARTICLE 9.
A permanent Commission shall be constituted to advise the Council
on the execution of the provisions of Articles 1 and 8 and on
military, naval, and air questions generally.
ARTICLE 10.
The Members of the League undertake to respect and preserve
as
against external aggression the territorial integrity and existing
political independence of all Members of the League. In case of
any
such aggression or in case of any threat or danger of such
aggression the Council shall advise upon the means by which this
obligation shall be fulfilled.
ARTICLE 11.
Any war or threat of war, whether immediately affecting any
of the
Members of the League or not, is hereby declared a matter of
concern to the whole League, and the League shall take any action
tnat may be deemed wise and effectual to safeguard the peace of
nations. In case any such emergency should arise the Secretary
General shall on the request of any Member of the League forthwith
summon a meeting of the Council. It is also declared to be the
friendly right of each Member of the League to bring to the
attention of the Assembly or of the Council any circumstance
whatever affecting international relations which threatens to
disturb international peace or the good understanding between
nations upon which peace depends.
ARTICLE 12.
The Members of the League agree that if there should arise
between
them any dispute likely to lead to a rupture, they will submit
the
matter either to arbitration or to inquiry by the Council, and
they
agree in no case to resort to war until three months after the
award by the arbitrators or the report by the Council. In any
case
under this Article the award of the arbitrators shall be made
within a reasonable time, and the report of the Council shall
be
made within six months after the submission of the dispute.
ARTICLE 13.
The Members of the League agree that whenever any dispute shall
arise between them which they recognise to be suitable for
submission to arbitration and which cannot be satisfactorily
settled by diplomacy, they will submit the whole subject-matter
to
arbitration. Disputes as to the interpretation of a treaty, as
to
any question of international law, as to the existence of any
fact
which if established would constitute a breach of any international
obligation, or as to the extent and nature of the reparation to
be
made or any such breach, are declared to be among those which
are
generally suitable for submission to arbitration. For the
consideration of any such dispute the court of arbitraion to which
the case is referred shall be the Court agreed on by the parties
to
the dispute or stipulated in any convention existing between them.
The Members of the League agree that they will carry out in full
good faith any award that may be rendered, and that they will
not
resort to war against a Member of the League which complies
therewith. In the event of any failure to carry out such an award,
the Council shall propose what steps should be taken to give effect
thereto.
ARTICLE 14.
The Council shall formulate and submit to the Members of the
League
for adoption plans for the establishment of a Permanent Court
of
International Justice. The Court shall be competent to hear and
determine any dispute of an international character which the
parties thereto submit to it. The Court may also give an advisory
opinion upon any dispute or question referred to it by the Council
or by the Assembly.
ARTICLE 15.
If there should arise between Members of the League any dispute
likely to lead to a rupture, which is not submitted to arbitration
in accordance with Article 13, the Members of the League agree
that
they will submit the matter to the Council. Any party to the
dispute may effect such submission by giving notice of the
existence of the dispute to the Secretary General, who will make
all necessary arrangements for a full investigation and conside
ation thereof. For this purpose the parties to the dispute will
communicate to the Secretary General, as promptly as possible,
statements of their case with all the relevant facts and papers,
and the Council may forthwith direct the publication thereof.
The
Council shall endeavour to effect a settlement of the dispute,
and
if such efforts are successful, a statement shall be made public
giving such facts and explanations regarding the dispute and the
terms of settlement thereof as the Council may deem appropriate.
If
the dispute is not thus settled, the Council either unanimously
or
by a majority vote shall make and publish a report containing
a
statement of the facts of the dispute and the recommendations
which
are deemed just and proper in regard thereto Any Member of the
League represented on the Council may make public a statement
of
the facts of the dispute and of its conclusions regarding the
same.
If a report by the Council is unanimously agreed to by the members
thereof other than the Representatives of one or more of the
parties to the dispute, the Members of the League agree that they
will not go to war with any party to the dispute which complies
with the recommendations of the report. If the Council fails to
reach a report which is unanim~usly agreed to by the members
thereof, other than the Representatives of one or more of the
parties to the dispute, the Members of the League reserve to
themselves the right to take such action as they shall consider
necessary for the maintenance of right and justice. If the dispute
between the parties is claimed by one of them, and is found by
the
Council, to arise out of a matter which by international law is
solely within the domestic jurisdiction of that party, the Council
shall so report, and shall make no recommendation as to its
settlement. The Council may in any case under this Article refer
the dispute to the Assembly. The dispute shall be so referred
at
the request of either party to the dispute, provided that such
request be made within fourteen days after the submission of the
dispute to the Council. In any case referred to the Assembly,
all
the provisions of this Article and of Article 12 relating to the
action and powers of the Council shall apply to the action and
powers of the Assembly, provided that a report made by the
Assembly, if concurred in by the Representatives of those Members
of the League represented on the Council and of a majority of
the
other Members of the League, exclusive in each case of the
Rpresentatives of the parties to the dispute shall have the same
force as a report by the Council concurred in by all the members
thereof other than the Representatives of one or more of the
parties to the dispute.
ARTICLE 16.
Should any Member of the League resort to war in disregard
of its
covenants under Articles 12, 13, or 15, it shall ipso facto be
deemed to have committed an act of war against all other Members
of
the League, which hereby undertake immediately to subject it to
the
severance of all trade or financial relations, the prohibition
of
all intercourse between their nations and the nationals of the
covenant-breaking State, and the prevention of all financial,
commercial, or personal intercourse between the nationals of the
covenant-breaking State and the nationals of any other State,
whether a Member of the League or not. It shall be the duty of
the
Council in such case to recommend to the several Governments
concerned what effective military, naval, or air force the Members
of the League shall severally contribute to the armed forces to
be
used to protect the covenants of the League. The Members of the
League agree, further, that they will mutually support one another
in the financial and economic measures which are taken under this
Article, in order to minimise the loss and inconvenience resulting
from the above measures, and that they will mutually support one
another in resisting any special measures aimed at one of their
number by the covenantbreaking State, and that they will take
the
necessary steps to afford passage through their territory to the
forces of any of the Members of the League which are co-operating
to protect the covenants of the League. Any Member of the League
which has violated any covenant of the League may be declared
to be
no longer a Member of the League by a vote of the Council concurred
in by the Representatives of all the other Members of the League
represented thereon.
ARTICLE 17.
In the event of a dispute between a Member of the League and
a
State which is not a Member of the League, or between States not
Members of the League, the State or States, not Members of the
League shall be invited to accept the obligations of membership
in
the League for the purposes of such dispute, upon such conditions
as the Council may deem just. If such invitation is accepted,
the
provisions of Articles 12 to I6 inclusive shall be applied with
such modifications as may be deemed necessary by the Council.
Upon
such invitation being given the Council shall immediately institute
an inquiry into the circumstances of the dispute and recommend
such
action as may seem best and most effectual in the circumstances.If
a State so invited shall refuse to accept the obligations of
membership in the League for the purposes of such dispute, and
shall resort to war against a Member of the League, the provisions
of Article 16 shall be applicable as against the State taking
such
action. If both parties to the dispute when so invited refuse
to
accept the obligations of membership in the League for the purpose
of such dispute, the Council may take such measures and make such
recommendations as will prevent hostilities and will result in
the
settlement of the dispute.
ARTICLE 18.
Every treaty or international engagement entered into hereafter
by
any Member of the League shall be forthwith registered with the
Secretariat and shall as soon as possible be published by it.
No
such treaty or international engagement shall be binding until
so
registered.
ARTICLE 19.
The Assembly may from time to time advise the reconsideration
by
Members of the League of treaties which have become inapplicable
and the consideration of international conditions whose continuance
might endanger the peace of the world.
ARTICLE 20.
The Members of the League severally agree that this Covenant
is
accepted as abrogating all obligations or understandings inter
se
which are inconsistent with the terms thereof, and solemnly
undertake that they will not hereafter enter into any engagements
inconsistent with the terms thereof. In case any Member of the
League shall, before becoming a Member of the League, have
undertaken any obligations inconsistent with the terms of this
Covenant, it shall be the duty of such Member to take immediate
steps to procure its release from such obligations.
ARTICLE 21.
Nothing in this Covenant shall be deemed to affect the validity
of
international engagements, such as treaties of arbitration or
regional understandings like the Monroe doctrine, for securing
the
maintenance of peace.
ARTICLE 22.
To those colonies and territories which as a consequence of
the
late war have ceased to be under the sovereignty of the States
which formerly governed them and which are inhabited by peoples
not
yet able to stand by themselves under the strenuous conditions
of
the modern world, there should be applied the principle that the
well-being and development of such peoples form a sacred trust
of
civilisation and that securities for the performance of this trust
should be embodied in this Covenant. The best method of giving
practical effect to this principle is that the tutelage of such
peoples should be entrusted to advanced nations who by reason
of
their resources, their experience or their geographical position
can best undertake this responsibility, and who are willing to
accept it, and that this tutelage should be exercised by them
as
Mandatories on behalf of the League. The character of the mandate
must differ according to the stage of the development of the
people, the geographical situation of the territory, its economic
conditions, and other similar circumstances. Certain communities
formerly belonging to the Turkish Empire have reached a stage
of
development where their existence as independent nations can be
provisionally recognised subject to the rendering of administrative
advice and assistance by a Mandatory until such time as they are
able to stand alone. The wishes of these communities must be a
principal consideration in the selection of the Mandatory. Other
peoples, especially those of Central Africa, are at such a stage
that the Mandatory must be responsible for the administration
of
the territory under conditions which will guarantee freedom of
conscience and religion, subject only to the maintenance of public
order and morals, the prohibition of abuses such as the slave
trade, the arms traffic, and the liquor traffic, and the prevention
of the establishment of fortifications or military and naval bases
and of military training of the natives for other than police
purposes and the defence of territory, and will also secure equal
opportunities for the trade and commerce of other Members of the
League. There are territories, such as South-West Africa and
certain of the South Pacific Islands, which, owing to the
sparseness of their population, or their small size, or their
remoteness from the centres of civilisation, or their geographical
contiguity to the territory of the Mandatory, and other
circumstances, can be best administered under the laws of the
Mandatory as integral portions of its territory, subject to the
safeguards above mentioned in the interests of the indigenous
population. In every case of mandate, the Mandatory shall render
to
the Council an annual report in reference to the territory
committed to its charge. The degree of authority, control, or
administration to be exercised by the Mandatory shall, if not
previously agreed upon by the Members of the League, be explicitly
defined in each case by the Council. A permanent Commission shall
be constituted to receive and examine the annual reports of the
Mandatories and to advise the Council on all matters relating
to
the observance of the mandates.
ARTICLE 23.
Subject to and in accordance with the provisions of international
conventions existing or hereafter to be agreed upon, the Members
of
the League: (a) will endeavour to secure and maintain fair and
humane conditions of labour for men, women, and children, both
in
their own countries and in all countries to which their commercial
and industrial relations extend, and for that purpose will
establish and maintain the necessary international organisations;
(b) undertake to secure just treatment of the native inhabitants
of
territories under their control; (c) will entrust the League with
the general supervision over the execution of agreements with
regard to the traffic in women and children, and the traffic in
opium and other dangerous drugs; (d) will entrust the League with
the general supervision of the trade in arms and ammunition with
the countries in which the control of this traffic is necessary
in
the common interest; (e) will make provision to secure and maintain
freedom of communications and of transit and equitable treatment
for the commerce of all Members of the League. In this connection,
the special necessities of the regions devastated during the war
of
1914-1918 shall be borne in mind; (f) will endeavour to take steps
in matters of international concern for the prevention and control
of disease.
ARTICLE 24.
There shall be placed under the direction of the League all
international bureaux already established by general treaties
if
the parties to such treaties consent. All such international
bureaux and all commissions for the regulation of matters of
international interest hereafter constituted shall be placed under
the direction of the League. In all matters of international
interest which are regulated by general conventions but which
are
not placed under the control of international bureaux or
commissions, the Secretariat of the League shall, subject to the
consent of the Council and if desired by the parties, collect
and
distribute all relevant information and shall render any other
assistance which may be necessary or desirable. The Council may
include as part of the expenses of the Secretariat the expenses
of
any bureau or commission which is placed under the direction of
the
League.
ARTICLE 25.
The Members of the League agree to encourage and promote the
establishment and co-operation of duly authorised voluntary
national Red Cross organisations having as purposes the improvement
of health, the prevention of disease, and the mitigation of
suffering throughout the world.
ARTICLE 26.
Amendments to this Covenant will take effect when ratified
by the
Members of the League whose representatives compose the Council
and
by a majority of the Members of the League whose Representatives
compose the Assembly. No such amendment shall bind any Member
of
the League which signifies its dissent therefrom, but in that
case
it shall cease to be a Memb,er of the League.
ANNEX.
I. ORIGINAL MEMRERS OF THE LEAGUE OF NATIONS SIGNATORIES OF THE
TREATY OF PEACE.
UNITED STATES OF AMERICA, BELGIUM, BOLIVIA, BRAZIL, BRITISH
EUPIRE,
CANADA, AUSTRALIA, SOUTH AFRICA, NEW ZEALAND, INDIA, CHINA, CUBA,
ECUADOR, FRANCE, GREECE, GUATEMALA, HAITI, HEDJAZ, HONDURAS, ITALY,
JAPAN, LIBERIA, NICARAGUA, PANAMA, PERU, POLAND, PORTUGAL,
ROUMANIA, SERB-CROAT-SLOVENE STATE, SIAM, CZECHO-SLOVAKIA, URUGUAY
STATES INVITED TO ACCEDE TO THE COVENANT.
ARGENTINE REPUBLIC, CHILE, COLOMBIA, DENMARK, NETHERLANDS,
NORWAY,
PARAGUAY, PERSIA, SALVADOR, SPAIN, SWEDEN, SWITZERLAND, VENEZUELA.
II. FIRST SECRETARY GENERAL OF THE LEAGUE OF NATION5.
The Honourable Sir James Eric Drummond, K.C.M.G., C.B.
PART II.
BOUNDARIES OF GERMANY.
ARTICLE 27.
The boundaries of Germany will be determined as follows:
1. With Belgium:
From the point common to the three frontiers of Belgium, Holland, and Germany and in a southerly direction: the north-eastern boundary of the former territory of ne~tral Moresnet' then the eastern boundary of the Kreis of Eupen, then the frontier between Belgium and the Kreis of Montjoie, then the northeastern and eastern boundary of the Kreis of Malmedy to its junction with the frontier of Luxemburg.
2. With Luxemburg:
The frontier of August 3, 1914, to its junction with the frontier of France of the 18th July, 1870.
3. With France:
The frontier of July 18, 1870, from Luxemburg to Switzerland with the reservations made in Article 48 of Section IV (Saar Basin) of Part III.
4. With Switzerland:
The present frontier.
5. With Austria.
The frontier of August 3, 1914, from Switzerland to CzechoSlovakia as hereinafter defined.
6. With Czecho-Slovakia:
The frontier of August 3, 1914, between Germany and Austria from its junction with the old administrative boundary separating Bohemia and the province of Upper Austria to the point north of the salient of the old province of Austrian Silesia situated at about 8 kilometres east of Neustadt.
7. With Poland:
From the point defined above to a point to be fixed on the ground about 2 kilometres east of Lorzendorf: the fronticr as it will be fixed in accordance with Article 88 of the present Treaty; thence in a northerly direction to the point where the administrative boundary of Posnania crosses the river Bartsch: a line to be fixed on the ground leaving the following placcs in Poland: Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross Koscl, Schreibersdorf, Rippin, Furstlich-Niefken, Pawelau, Tscheschen, Konradau, Johallnisdorf, Modzenowe, Bogdaj, and in Gerrmany: Lorzendorf, Kaulwitz, Glausche, Dalbersdorf, Reesewitz, Stradam, Gross Wartenberg, Kraschen, Neu Mittelwalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer; thence the administrative boundary of Posnania northwestwards to the point where it cuts the Rawitsch-Herrnstadt railway; thence to the point where the administrative boundary of Posnania cuts the Reisen-Tschirnau road: a line to be fixed on the ground passing west of Triebusch and Gabel and east of Saborwitz; thence the administrative boundary of Posnania to its junction with the eastern administrative boundary of the Kreis of Fraustadt; thence in a north-westerly direction to a point to be chosen on the road between the villages of Unruhstadt and Kopnitz: a line to be fixed on the ground passing west of Geyersdorf, Brenno, Fehlen, Altkloster, Klebel, and east of Ulbersdorf, Buchwald, Ilgen,Weine, Lupitze, Schwenten: thence in a northerly direction to the northernmost point of Lake Chlop: a line to be fixed on the ground following the median line of the lakes; the town and the station of Bentschen however (including the junction of the lines Schwiebus-Bentschen and Zullichau-Bentschen) remaining in Polish territory; thence in a north-easterly direction to the point of junction of the boundaries of the Kreise of Schwerin, Birnbaum, and Meseritz: a line to be fixed on the ground passing east of Betsche; thence in a northerly direction the boundary separating the Kreise of Schwerin and Birnbaum, then in an easterly direction the northern boundary of Posnania to the point where it cuts the river Netze; thence upstream to its confluence with the Kaddow: the course of the Netze; thence upstream to a point to be chosen about 6 kilometres southeast of Schneidemuhl: the course of the Kuddow; thence north-eastwards to the most southern point of the reentant of the northern boundary of Posnania about 5 kilometres west of Stahren: a line to be fixed on the ground leaving the SchneidemuhlKonitz railway in this area entirely in German territory; thence the boundary of Posnania north-eastwards to the point of the salient it makes about 15 kilometres east of Flatow; thence north-eastwards to the point where the river Kamionka meets the southern boundary of the Kreis of Konitz about 3 kilometres north-east of Grunau: a line to be fixed on the ground leaving the following places to Poland: Jasdrowo, Gr. Lutau, Kl. Lutau, Wittkau, and to Germany: Gr. Butzig, Cziskowo, Battrow, Bock, Grunau; thence in a northerly direction the boundary between the Kreise of Konitz and Schlochau to the point where this boundary cuts the river Brahe; thence to a point on the boundary of Pomerania 15 kilometres east of Rummelsburg: a line to be fixed on the ground leaving the following places in Poland: Konarzin, Kelpin, Adl. Briesen, and in Germany: Sampohl, Neuguth, Steinfort, Gr. Peterkau; then the boundary of Pomerania in an easterly direction to its junction with the boundary between the Kreise of Konitz and Schlochau; thence northwards the boundary between Pomerania and West Prussia to the point on the river Rheda about 3 kilometres northwest of Gohra where that river is joined by a tributary from the north-west; thence to a point to be selected in the bend of the Piasnitz river about 1 1/2 kilometres north-west of Warschkau: a line to be fixed on the ground; thence this river downstream, then the median line of Lake Zarnowitz, then the old boundary of West Prussia to the Baltic Sea. 8. With Denmark:
The frontier as it will be fixed in accordance with Articles 109 to III of Part III, Section XII (Schleswig).
ARTICLE 28.
The boundaries of East Prussia, with the reservations made in Section IX (East Prussia) of Part III, will be determined as follows: from a point on the coast of the Baltic Sea about 1 1/2 kilometres north of Probbernau church in a direction of about 159° East from true North: a line to be fixed on the ground for about 2 kilometres; thence in a straight line to the light at the bend of the Elbing Channel in approximately latitude 54° 19 1/2' North, longitude 19° 26' East of Greenwich; thence to the easternmost mouth of the Nogat River at a bearing of approximately 209° East from true North; thence up the course of the Nogat River to the point where the latter leaves the Vistula (Weichsel);thence up the principal channel of navigation of the Vistula, then the southern boundary of the Kreis of Marienwerder, then that of the Kreis of Rosenberg eastwards to the point where it meets the old boundary of East Prussia, thence the old boundary between East and West Prussia, then the boundary between the Kreise of Osterode and Neidenburg, then the course of the river Skottau downstream, then the course of the Neide upstream to a point situated about 5 kilometres west of Bialutten being the nearest point to the old frontier of Russia; thence in an easterly direction to a point immediately south of the intersection of the road Neidenburg-Mlava with the old frontier of Russia: a line to be fixed on the ground passing north of Bialutten; thence the old frontier of Russia to a point east of Schmalleningken, then the principal channel of navigation of the Niemen (Memel) downstream, then the Skierwieth arm of the delta to the Kurisches Haff; thence a straight line to the point where the eastern shore of the Kurische Nehrung meets the administrative boundary about 4 kilometres south-west of Nidden; thence this administrative boundary to the western shore of the Kurische Nehrung.
ARTICLE 29.
The boundaries as described above are drawn in red on a one-in-a-million map which is annexed to the present Treaty (Map No. 1). [See Introduction.] In the case of any discrepancies between the text of the Treaty and this map or any other map which may be annexed, the text will be final.
ARTICLE 30.
In the case of boundaries which are defined by a waterway, the terms "course" and "channel" used in the present Treaty signify: in the case of non-navigable rivers, the median line of the waterway or of its principal arm, and, in the case of navigable rivers, the median line of the principal channel of navigation It will rest with the Boundary Commissions provided by the present Treaty to specify in each case whether the frontier line shall follow any changes of the course or channel which may take place or whether it shall be definitely fixed by the position of the course or channel at the time when the present Treaty comes into force.
ARTICLE 31 .
Germany, recognising that the Treaties of April 19, 1839, which
established the
status of Belgium before the war, no longer conform to the requirements
of the
situation, consents to the abrogation of the said Treaties and
undertakes
immediately to recognise and to observe whatever conventions may
be entered into
by the Principal Allied and Associated Powers, or by any of them,
in concert with
the Governments of Belgium and of the Netherlands, to replace
the said Treaties
of 1839. If her formal adhesions should be required to such conventions
or to any
of their stipulations, Germany undertakes immediately to give
it.
ARTICLE 32.
Germany recognises the full sovereignty of Belgium over the
whole of the
contested territory of Moresnet (called Moresnet neutre).
ARTICLE 33
Germany renounces in favour of Belgium all rights and title
over the territory of
Prussian Moresnet situated on the west of the road from Liege
to Aix-la-Chapelle;
the road will belong to Belgium where it bounds this territory.
ARTICLE 34
Germany renounces in favour of Belgium all rights and title
over the territory
comprising the whole of the Kreise of Eupen and of Malmedy. During
the six
months after the coming into force of this Treaty, registers will
be opened by
the Belgian authority at Eupen and Malmedy in which the inhabitants
of the above
territory will be entitled to record in writing a desire to see
the whole or part
of it remain under German sovereignty. The results of this public
expression of
opinion will be communicated by the Belgian Government to the
League of Nations,
and Belgium undertakes to accept the decision of the League.
ARTICLE 35 .
A Commission of seven persons, five of whom will be appointed
by the Principal
Allied and Associated Powers, one by Germany and one by Belgium,
will be set up
fifteen days after the coming into force of the present Treaty
to settle on the
spot the new frontier line between Belgium and Germany, taking
into account the
economic factors and the means of communication. Decisions will
be taken by a
majority and will be binding on the parties concerned.
ARTICLE 36.
When the transfer of the sovereignty over the territories referred
to above has
become definite, German nationals habitually resident in the territories
will
definitively acquire Belgian nationality ipso facto, and will
lose their German
nationality. Nevertheless, German nationals who became resident
in the
territories after August 1, 1914, shall not obtain Belgian nationality
without a
permit from the Belgian Government.
ARTICLE 37.
Within the two years following the definitive transfer of the
sovereignty over
the territories assigned to Belgium under the present Treaty,
German nationals
over 18 years of age habitually resident in those territories
will be entitled to
opt for German nationality. Option by a husband will cover his
wife, and option
by parents will cover their children under 18 years of age. Persons
who have
exercised the above right to opt must within the ensuing twelve
months transfer
their place of residence to Germany. They will be entitled to
retain their
immovable property in the territories acquired by Belgium. They
may carry with
them their movable property of every description. No export or
import duties may
be imposed upon them in connection with the removal of such property.
ARTICLE 38.
The German Government will hand over without delay to the Belgian
Government the
archives, registers, plans, title deeds and documents of every
kind concerning
the civil, military, financial, judicial or other administrations
in the
territory transferred to Belgian sovereignty. The German Government
will
likewise restore to the Belgian Government the archives and documents
of every
kind carried off during the war by the German authorities from
the Belgian public
administrations, in particular from the Ministry of Foreign Affairs
at Brussels.
ARTICLE 39.
The proportion and nature of the financial liabilities of Germany
and of Prussia
with Belgium will have to bear on account of the territories ceded
to her shall
be fixed in conformity with Articles 254 and 256 of Part IX (Financial
Clauses)
of the present Treaty.
SECTION ll.
LUXEMBURG.
ARTICLE 40.
With regard to the Grand Duchy of Luxemburg, Germany renounces
the benefit of all
the provisions inserted in her favour in the Treaties of February
8, 1842, April
2, 1847, October 20-25, 1865, August 18, 1866, February 21 and
May 11, 1867, May
10, 1871, June 11, 1872, and November 11, 1902, and in all Conventions
consequent
upon such Treaties. Germany recognises that the Grand Duchy of
Luxemburg ceased
to form part of the German Zollverein as from January 1, 1919,
renounces all
rights to the exploitation of the railways, adheres to the termination
of the
regime of neutrality of the Grand Duchy, and accepts in advance
all international
arrangements which may be concluded by the Allied and Associated
Powers relating
to the Grand Duchy.
ARTICLE 41.
Germany undertakes to grant to the Grand Duchy of Luxemburg,
when a demand to
that effect is made to her by the Principal Allied and Associated
Powers, the
rights and advantages stipulated in favour of such Powers or their
nationals in
the present Treaty with regard to economic questions, to questions
relative to
transport and to aerial navigation.
SECTION III
LEFT BANK OF THE RHINE.
ARTICLE 42.
Germany is forbidden to maintain or construct any fortifications
either on the
left bank of the Rhine or on the right bank to the west of a line
drawn 50
kilometres to the East of the Rhine.
ARTICLE 43
In the area defined above the maintenance and the assembly
of armed forces,
either permanently or temporarily, and military maneuvers of any
kind, as well as
the upkeep of all permanent works for mobilization, are in the
same way
forbidden.
ARTICLE 44
In case Germany violates in any manner whatever the provisions
of Articles 42 and
43, she shall be regarded as committing a hostile act against
the Powers
signatory of the present Treaty and as calculated to disturb the
peace of the
world.
SECTION IV.
SAAR BASIN.
ARTICLE 45
As compensation for the destruction of the coal-mines in the
north of France and
as part payment towards the total reparation due from Germany
for the damage
resulting from the war, Germany cedes to France in full and absolute
possession,
with exclusive rights of exploitation, unencumbered and free from
all debts and
charges of any kind, the coal-mines situated in the Saar Basin
as defined in
Article 48.
ARTICLE 46.
In order to assure the rights and welfare of the population
and to guarantee to
France complete freedom in working the mines, Germany agrees to
the provisions of
Chapters I and II of the Annex hereto.
ARTICLE 47.
In order to make in due time permanent provision for the government
of the Saar
Basin in accordance with the wishes of the populations, France
and Germany agree
to the provisions of Chapter III of the Annex hereto.
ARTICLE 48.
The boundaries of the territory of the Saar Basin, as dealt
with in the present
stipulations, will be fixed as follows: On the south and south-west:
by the
frontier of France as fixed by the present Treaty. On the north-west
and north:
by a line following the northern administrative boundary of the
Kreis of Merzig
from the point where it leaves the French frontier to the point
where it meets
the administrative boundary separating the commune of Saarholzbach
from the
commune of Britten; following this communal boundary southwards
and reaching the
administrative boundary of the canton of Merzig so as to include
in the territory
of the Saar Basin the canton of Mettlach, with the exception of
the commune of
Britten; following successively the northern boundaries of the
cantons of Merzig
and Haustedt, which are incorporated in the aforesaid Saar Basin,
then
successively the administrative boundaries separating the Kreise
of Sarrelouis,
Ottweiler, and Saint-Wendel from the Kreise of Merzig, Treves
(Trier), and the
Principality of Birkenfeld as far as a point situated about 500
metres north of
the village of Furschweiler (viz., the highest point of the Metzelberg).
On the
north-east and east: from the last point defined above to a point
about 3 1/2
kilometres east-north-east of Saint-Wendel: a line to be fixed
on the ground
passing east of Furschweiler, west of Roschberg, east of points
418, 329 (south
of Roschberg) west of Leitersweiler, north-east of point 464,
and following the
line of the crest southwards to its junction with the administrative
boundary of
the Kreis of Kusel
thence in a southerly direction the boundary of the Kreis of
Kusel, then the
boundary of the Kreis of Homburg towards the south-south-east
to a point situated
about 1000 metres west of Dunzweiler; thence to a point about
1 kilometre south
of Hornbach- a line to be fixed on the ground passing through
point 424 (about
1000 metres south-east of Dunzweiler), point 363 (Fuchs-Berg),
point 322
(south-west of Waldmohr), then east of Jagersburg and Erbach,
then encircling
Homburg, passing through the points 361 (about 2-1/2 kilometres
north-east by
east of that town), 342 (about 2 kilometres south-east of that
town), 347
(Schreiners-Berg), 356, 350 (about 1-1/2 kilometres south-east
of Schwarzenbach),
then passing east of Einod, south-east of points 322 and 333,
about 2 kilometres
east of Webenheim, about 2 kilometres east of Mimbach, passing
east of the
plateau which is traversed by the road from Mimbach to Bockweiler
(so as to
include this road in the territory of the Saar Basin), passing
immediately north
of the junction of the roads from Bockweiler and Altheim situated
about 2
kilometres north of Altheim, then passing south of Ringweilerhof
and north of
point 322, rejoining the frontier of France at the angle which
it makes about 1
kilometre south of Hornbach (see Map No. 2 scale 1/100,000 annexed
to the present
treaty). [See Introduction ]
A Commission composed of five members, one appointed by France,
one by Germany,
and three by the Council of the League of Nations, which will
select nationals of
other Powers, will be constituted within fifteen days from the
coming into force
of the present Treaty, to trace on the spot the frontier line
described above.
In those parts of the preceding line which do not coincide
with administrative
boundaries, the Commission will endeavour to keep to the line
indicated, while
taking into consideration, so far as is possible, local economic
interests and
existing communal boundaries.
The decisions of this Commission will be taken by a majority,
and will be binding
on the parties concerned.
ARTICLE 49.
Germany renounces in favour of the League of Nations, in the
capacity of trustee,
the government of the territory defined above.
At the end of fifteen years from the coming into force of the
present Treaty the
inhabitants of the said territory shall be called upon to indicate
the
sovereignty under which they desire to be placed.
ARTICLE 50.
The stipulations under which the cession of the mines in the
Saar Basin shall be
carried out, together with the measures intended to guarantee
the rights and the
well-being of the inhabitants and the government of the territory,
as well as the
conditions in accordance with which the plebiscite herein before
provided for is
to be made, are laid down in the Annex hereto. This Annex shall
be considered as
an integral part of the present Treaty, and Germany declares her
adherence to it.
ANNEX.
In accordance with the provisions of Articles 45 to 50 of the
present Treaty, the
stipulations under which the cession by Germany to France of the
mines of the
Saar Basin will be effected, as well as the measures intended
to ensure respect
for the rights and well-being of the population and the government
of the
territory, and the conditions in which the inhabitants will be
called upon to
indicate the sovereignty under which they may wish to be placed,
have been laid
down as follows:
CHAPTER I .
CESSION AND EXPLOITATION OF MINING PROPERTY,
From the date of the coming into force of the present Treaty,
all the deposits of coal situated within the Saar Basin as
defined
in Article 48 of the said Treaty, become the complete and absolute
property of
the French State.
The French State will have the right of working or not working
the said mines, or
of transferring to a third party the right of working them, without
having to
obtain any previous authorisation or to fulfil any formalities.
The French State may always require that the German mining
laws and regulations
referred to below shall be applied in order to ensure the determination
of its
rights.
2.
The right of ownership of the French State will apply not only
to the deposits
which are free and for which concessions have not yet been granted,
but also to
the deposits for which concessions have already been granted,
whoever may be the
present proprietors, irrespective of whether they belong to the
Prussian State,
to the Bavarian State, to other States or bodies, to companies
or to individuals,
whether they have been worked or not, or whether a right of exploitation
distinct
from the right of the owners of the surface of the soil has or
has not been
recognised.
3.
As far as concerns the mines which are being worked, the transfer
of the
ownership to the French State will apply to all the accessories
and subsidiaries
of the said mines, in particular to their plant and equipment
both on and below
the surface to their extracting machinery, their plants for transforming
coal
into electric power, coke and by-products, their workshops means
of
communication, electric lines, plant for catching and distributing
water, land,
buildings such as offices, managers, employees, and workmen's
dwellings, schools,
hospitals and dispensaries, their stocks and supplies of every
description, their
archives and plans, and in general everything which those who
own or exploit the
mines possess or enjoy for the purpose of exploiting the mines
and their
accessories and subsidiaries.
The transfer will apply also to the debts owing for products
delivered before the
entry into possession by the French State and after the signature
of the present
Treaty, and to deposits of money made by customers, whose rights
will be
guaranteed by the French State.
4.
The French State will acquire the property free and clear of
all debts and
charges. Nevertheless, the rights acquired, or in course of being
acquired, by
the employees of the mines and their accessories and subsidiaries
at the date of
the coming into force of the present Treaty, in connection with
pensions for old
age or disability, will not be affected. In return, Germany must
pay over to the
French State a sum representing the actuarial amounts to which
the said employees
are entitled.
5.
The value of the property thus ceded to the French State will
be determined by
the Reparation Commission referred to in Article 233 of Part VIII
(Reparation) of
the present Treaty.
This value shall be credited to Germany in part payment of
the amount due for
reparation. It will be for Germany to indemnify the proprietors
or parties
concerned, whoever they may be.
6.
No tariff shall be established on the German railways and canals
which may
directly or indirectly discriminate to the prejudice of the transport
of the
personnel or products of the mines and their accessories or subsidiaries,
or of
the material necessary to their exploitation. Such transport shall
enjoy all the
rights and privileges which any international railway conventions
may . guarantee
to similar products of French origin.
7. The equipment and personnel necessary to ensure the despatch
and transport of
the products of the mines and their accessories and subsidiaries,
as well as the
carriage of workmen and employees, will be provided by the local
railway
administration of the Basin.
8.
No obstacle shall be placed in the way of such improvements
of railways or
waterways as the French State may judge necessary to assure the
despatch and the
transport of the products of the mines and their accessories and
subsidiaries,
such as double trackage, enlargement of stations, and construction
of yards and
appurtenances. The distribution of expenses will, in the event
of disagreement,
be submitted to arbitration.
The French State may also establish any new means of communication,
such as
roads, electric lines, and telephone connections which it may
consider necessary
for the exploitation of the mines it may exploit freely and without
any
restrictions the means of communication of which it may become
the owner,
particularly those connecting the mines and their accessories
and subsidiaries
with the means of communication situated in French territory.
9.
The French State shall always be entitled to demand the application
of the German
mining laws and regulations in force on November 11, 1918, excepting
provisions
adopted exclusively in view of the state of war, with a view to
the acquisition
of such land as it may judge necessary for the exploitation of
the mines and
their accessories and subsidiaries.
The payment for damage caused to immovable property by the
working of the said
mines and their accessories and subsidiaries shall be made in
accordance with the
German mining laws and regulations above referred to.
10.
Every person whom the French State may substitute for itself
as regards the whole
or part of its rights to the exploitation of the mines and their
accessories and
subsidiaries shall enjoy the benefit of the privileges provided
in this Annex.
11.
The mines and other immovable property which become the property
of the French
State may never be made the subject of measures of forfeiture,
forced sale,
expropriation or requisition, nor of any other measure affecting
the right of
property.
The personnel and the plant connected with the exploitation
of these mines or
their accessories and subsidiaries, as well as the product extracted
from the
mines or manufactured in their accessories and subsidiaries, may
not at any time
be made the subject of any measures of requisition.
The exploitation of the mines and their accessories and subsidiaries,
which
become the property of the French State will continue, subject
to the provisions
of paragraph 23 below, to be subject to the regime established
by the German laws
and regulations in force on November 11, 1918, excepting provisions
adopted
exclusively in view of the state of war.
The rights of the workmen shall similarly be maintained, subject
to the
provisions of the said paragraph 23, as established on November
11, 1918, by the
German laws and regulations above referred to.
No impediment shall be placed in the way of the introduction
or employment in the
mines and their accessories and subsidiaries of workmen from without
the Basin.
The employees and workmen of French nationality shall have
the right to belong to
French labour unions.
13.
The amount contributed by the mines and their accessories and
subsidiaries,
either to the local budget of the territory of the Saar Basin
or to the communal
funds, shall be fixed with due regard to the ratio of the value
of the mines to
the total taxable wealth of the Basin.
14.
The French State shall always have the right of establishing
and maintaining, as
incidental to the mines, primary or technical schools for its
employees and their
children, and of causing instruction therein to be given in the
French language,
in accordance with such curriculum and by such teachers as it
may select.
It shall also have the right to establish and maintain hospitals,
dispensaries,
workmen's houses and gardens, and other charitable and social
institutions.
15.
The French State shall enjoy complete liberty with respect
to the distribution,
dispatch and sale prices of-the products of the mines and their
accessories and
subsidiaries.
Nevertheless, whatever may be the total product of the mines,
the French
Government undertakes that the requirements of local consumption
for industrial
and domestic purposes shall always be satisfied in the proportion
existing in
1913 between the amount consumed locally and the total output
of the Saar Basin.
CHAPTER II.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.
16.
The Government of the territory of the Saar Basin shall be
entrusted to a
Commission representing the League of Nations. This Commission
shall sit in the
territory of the Saar Basin.
17.
The Governing Commission provided for by paragraph 16 shall
consist of five
members chosen by the Council of the League of Nations, and will
include one
citizen of France, one native inhabitant of the Saar Basin, not
a citizen of
France, and three members belonging to three countries other than
France or
Germany.
The members of the Governing Commission shall be appointed
for one year and may
be re-appointed. They can be removed by the Council of the League
of Nations,
which will provide for their replacement.
The members of the Governing Commission will be entitled to
a salary which will
be fixed by the Council of the League of Nations, and charged
on the local
revenues.
18.
The Chairman of the Governing Commission shall be appointed
for one year from
among the members of the Commission by the Council of the League
of Nations and
may be re-appointed. The Chairman will act as the executive of
the Commission.
19.
Within the territory of the Saar Basin the Governing Commission
shall have
all-the powers of government hitherto belonging to the German
Empire, Prussia, or
Bavaria, including the appointment and dismissal of officials,
and the creation
of such administrative and representative bodies as it may deem
necessary.
It shall have full powers to administer and operate the railways,
canals, and the
different public services. Its decisions shall be taken by a majority.
20.
Germany will place at the disposal of the Governing Commission
all official
documents and archives under the control of Germany, of any German
State, or of
any local authority, which relate to the territory of the Saar
Basin or to the
rights of the inhabitants thereof.
21.
It will be the duty of the Governing Commission to ensure,
by such means and
under such conditions as it may deem suitable, the protection
abroad of the
interests of the inhabitants of the territory of the Saar Basin.
22.
The Governing Commission shall have the full right of user
of all property, other
than mines, belonging, either in public or in private domain,
to the Government
of the German Empire, or the Government of any German State, in
the territory of
the Saar Basin.
As regards the railways an equitable apportionment of rolling
stock shall be made
by a mixed Commission on which the Government of the territory
of the Saar Basin
and the German railways will be represented.
Persons, goods, vessels, carriages, wagons and mails coming
from or going to the
Saar Basin shall enjoy all the rights and privileges relating
to transit and
transport which are specified in the provisions of Part XII (Ports,
Waterways and
Railways) of the present Treaty.
23.
The laws and regulations in force on November 11, 1918, in
the territory of the
Saar Basin (except those enacted in consequence of the state of
war) shall
continue to apply.
If, for general reasons or to bring these laws and regulations
into accord with
the provisions of the present Treaty, it is necessary to introduce
modifications,
these shall be decided on, and put into effect by the Governing
Commission, after
consultation with the elected representatives of the inhabitants
in such a manner
as the Commission may determine.
No modification may be made in the legal regime for the exploitation
of the
mines, provided for in paragraph 12, without the French State
being previously
consulted, unless such modification results from a general regulation
respecting
labour adopted by the League of Nations.
In fixing the conditions and hours of labour for men, women
and children, the
Governing Commission is to take into consideration the wishes
expressed by the
local labour organisations, as well as the principles adopted
by the League of
Nations.
24.
Subject to the provisions of paragraph 4, no rights of the
inhabitants of the
Saar Basin acquired or in process of acquisition at the date of
coming into force
of this Treaty, in respect of any insurance system of Germany
or in respect of
any pension of any kind, are affected by any of the provisions
of the present
Treaty.
Germany and the Government of the territory of the Saar Basin
will preserve and
continue all of the aforesaid rights.
25.
The civil and criminal courts existing in the territory of
the Saar Basin shall
continue.
A civil and criminal court will be established by the Governing
Commission to
hear appeals from the decisions of the said courts
and to decide matters for which these courts are not competent.
The Governing Commission will be responsible for settling the
organisation and
jurisdiction of the said court.
Justice will be rendered in the name of the Governing Commission.
26.
The Governing Commission will alone have the power of levying
taxes and dues in
the territory of Saar Basin.
These taxes and dues will be exclusively applied to the needs
of the territory.
The fiscal system existing on November 11, 1918, will be maintained
as far as
possible, and no new tax except customs duties may be imposed
without previously
consulting the elected representatives of the inhabitants.
27.
The present stipulation will not affect the existing nationality
of the
inhabitants of the territory of the Saar Basin.
No hindrance shall be placed in the way of those who wish to
acquire a different
nationality, but in such case the acquisition of the new nationality
will involve
the loss of any other.
28.
Under the control of the Governing Commission the inhabitants
will retain their
local assemblies, their religious liberties, their schools and
their language.
The right of voting will not be exercised for any assemblies
other than the local
assemblies, and will belong to every inhabitant over the age of
twenty years,
without distinction of sex.
29.
Any of the inhabitants of the Saar Basin who may desire to
leave the territory
will have full liberty to retain in it their immovable property
or to sell it at
fair prices, and to remove their movable property free of any
charges.
30.
There will be no military service, whether compulsory or voluntary,
in the
territory of the Saar Basin, and the construction of fortifications
therein is
forbidden.
Only a local gendarmerie for the maintenance of order may be
established.
It will be the duty of the Governing Commission to provide
in all cases for the
protection of persons and property in the Saar Basin.
31.
The territory of the Saar Basin as defined by Article 48 of
the present Treaty
shall be subjected to the French customs regime. The receipts
from the customs
duties on goods intended for local consumption shall be included
in the budget of
the said territory after deduction of all costs of collection.
No export tax shall be imposed upon metallurgical products
or coal exported from
the said territory to Germany, nor upon the German exports for
the use of the
industries of the territory of the Saar Basin.
Natural or manufactured products originating in the Basin in
transit over German
territory and, similarly, German products in
transit over the territory of the Basin shall be free of all
customs duties.
Products which both originate in and pass from the Basin into
Germany shall be
free of import duties for a period of five years from the date
of the coming into
force of the present Treaty, and during the same period articles
imported from
Germany into the territory of the Basin for local consumption,
shall likewise be
free of import duties.
During these five years the French Government reserves to itself
the right of
limiting to the annual average of the quantities imported into
Alsace-Lorraine
and France in the years 1911 to 1913 the quantities which may
be sent into France
of all articles coming from the Basin which include raw materials
and
semimanufactured goods imported duty free from Germany. Such average
shall be
determined after reference to all available official information
and statistics.
32.
No prohibition or restriction shall be imposed upon the circulation
of French
money in the territory of the Saar Basin.
The French State shall have the right to use French money in
all purchases,
payments, and contracts connected with the exploitation of the
mines or their
accessories and subsidiaries.
33.
The Governing Commission shall have power to decide all questions
arising from
the interpretation of the preceding provisions.
France and Germany agree that any dispute involving a difference
of opinion as to
the interpretation of the said provision shall in the same way
be submitted to
the Governing Commission and the decision of a majority of the
Commission shall
be binding on both countries.
CHAPTER III.
PLEBISCITE.
34.
At the termination of a period of fifteen years from the coming
into force of the
present Treaty, the population of the territory
of the Saar Basin will be called upon to indicate their desires
in the following
manner: A vote will take place by communes or districts, on the
three following
alternatives: (a) maintenance of the regime established by the
present Treaty
and by this Annex; (b) union with France; (c) union with Germany.
All persons without distinction of sex, more than twenty years
old at the date of
the voting, resident in the territory at the date of the signature
of the present
Treaty, will have the right to vote.
The other conditions, methods, and the date of the voting shall
be fixed by the
Council of the League of Nations in such a way as to secure the
freedom, secrecy
and trustworthiness of the voting
35.
The League of Nations shall decide on the sovereignty under
which the territory
is to be placed, taking into account the wishes of the inhabitants
as expressed
by the voting.
(a) If, for the whole or part of the territory, the League
of Nations decides in
favour of the maintenance of the regime established by the present
Treaty and
this Annex, Germany hereby agrees to make such renunciation of
her sovereignty in
favour of the League of Nations as the latter shall deem necessary.
It will be
the duty of the League of Nations to take appropriate steps to
adapt the regime
definitively adopted to the permanent welfare of the territory
and the general
interest;
(b) If, for the whole or part of the territory, the League
of Nations decides in
favour of union with France, Germany hereby agrees to cede to
France in
accordance with the decision of the League of Nations, all rights
and title over
the territory specified by the League.
(c) If, for the whole or part of the territory, the League
of Nations decides in
favour of union with Germany, it will be the duty of the League
of Nations to
cause the German Government to be re-established in the government
of the
territory specified by the League.
36.
If the League of Nations decides in favour of the union of
the whole or part of
the territory of the Saar Basin with Germany, France's rights
of ownership in the
mines situated in such part of
the territory will be repurchased by Germany in their entirety
at
a price payable in gold. The price to be paid will be fixed
by three experts, one
nominated by Germany, one by France, and one,
who shall be neither a Frenchman nor a German, by the Council
of the League of Nations; the decision of the experts will
be given by a
majority.
The obligation of Germany to make such payment shall be
taken into account by the Reparation Commission, and for the
purpose of this payment Germany may create a prior charge upon
her assets or
revenues upon such detailed terms as shall be agreed to by the
Reparation
Commission. If, nevertheless, Germany after a period of one year
from the date
on which the payment becomes due shall not have effected the said
payment, the
Reparation Commission shall do so in accordance with such instructions
as may be
given by the League of Nations, and, if necessary, by liquidating
that part of
the mines which is in question.
37.
If, in consequence of the repurchase provided for in paragraph
36, the ownership of the mines or any part of them is transferred
to Germany, the
French State and French nationals shall have
the right to purchase such amount of coal of the Saar Basin
as
their industrial and domestic needs are found at that time
to
require. An equitable arrangement regarding amounts of coal,
duration of contract, and prices will be fixed in due time
by the
Council of the League of Nations.
38.
It is understood that France and Germany may, by special
agreements concluded before the time fixed for the payment
of
the price for the repurchase of the mines, modify the provisions
of paragraphs 36 and 37.
39.
The Council of the League of Nations shall make such provisions
as may be
necessary for the establishment of the regime
which is to take effect after the decisions of the League of
Nations mentioned in
paragraph 35 have become operative, including an equitable apportionment
of any
obligations of the Government of the territory of the Saar Basin
arising from
loans raised by the Commission or from other causes.
From the coming into force of the new regime, the powers of
the Governing
Commission will terminate, except in the case provided for in
paragraph 35 (a).
In all matters dealt with in the present Annex, the decisions
of the Council of
the League of Nations will be taken by a majority.
SECTION V.
ALSACE-LORRAINE.
The HIGH CONTRACTING PARTIES, recognising the moral obligation
to redress the
wrong done by Germany in 1871 both to the rights of France and
to the wishes of
the population of Alsace and Lorraine, which were separated from
their country in
spite of the solemn protest of their representatives at the Assembly
of Bordeaux
Agree upon the following Articles:
ARTICLE 5l.
The territories which were ceded to Germany in accordance with
the Preliminaries
of Peace signed at Versailles on February 26, 187l, and the Treaty
of Frankfort
of May lo, 1871, are restored to French sovereignty as from the
date of the
Armistice of November 11, 1918.
The provisions of the Treaties establishing the delimitation
of the frontiers
before 1871 shall be restored.
ARTICLE 52.
The German Government shall hand over without delay to the
French Government all
archives, registers, plans, titles and documents of every kind
concerning the
civil, military, financial, judicial or other administrations
of the territories
restored to French sovereignty. If any of these documents, archives,
registers,
titles or plans nave been misplaced, they will be restored by
the German
Government on the demand of the French Government. ARTICLE 53.
Separate agreements shall be made between France and Germany
dealing with the
interests of the inhabitants of the territories referred to in
Article 51,
particularly as regards their civil rights, their business and
the exercise of
their professions, it being understood that Germany undertakes
as from the
present date to recognise and accept the regulations laid down
in the Annex
hereto regarding the nationality of the inhabitants or natives
of the said
territories, not to claim at any time or in any place whatsoever
as German
nationals those who shall have been declared on any ground to
be French, to
receive all others in her territory, and to conform, as regards
the property of
German nationals in the territories indicated in Article 51, with
the provisions
of Article 297 and the Annex to Section IV of Part X (Economic
Clauses) of the
present Treaty.
Those German nationals who without acquiring French nationality
shall receive
permission from the French Government to reside in the said territories
shall not
be subjected to the provisions of the said Article.
ARTICLE 54.
Those persons who have regained French nationality in virtue
of paragraph 1 of
the Annex hereto will be held to be Alsace-Lorrainers for the
purposes of the
present Section.
The persons referred to in paragraph 2 of the said Annex will
from the day on
which they have claimed French nationality be held to be Alsace-Lorrainers
with
retroactive effect as from November 11, 1918. For those whose
application is
rejected, the privilege will terminate at the date of the refusal.
Such juridical persons will also have the status of AlsaceLorrainers
as shall
have been recognised as possessing this quality whether by the
French
administrative authorities or by a judicial decision.
ARTICLE 55.
The territories referred to in Article 5l shall return to France
free and quit of
all public debts under the conditions laid down in Article 255
of Part IX
(Financial Clauses) of the present Treaty.
ARTICLE 56.
In conformity with the provisions of Article 256 of Part IX
(Financial Clauses)
of the present Treaty, France shall enter into
possession of all property and estate, within the territories
referred to in
Article 5l, which belong to the German Empire or German States,
without any
payment or credit on this account to any of the States ceding
the territories.
This provision applies to all movable or immovable property
of public or private
domain together with all rights whatsoever belonging to the German
Empire or
German States or to their administrative areas.
Crown property and the property of the former Emperor or other
German sovereigns
shall be assimilated to property of the public domain.
ARTICLE 57.
Germany shall not take any action, either by means of stamping
or by any other
legal or administrative measures not applying equally to the rest
of her
territory, which may be to the detriment of the legal value or
redeemability of
Germany monetary instruments or monies which, at the date of the
signature of the
present Treaty, are legally current, and at that date are in the
possession of
the French Government.
ARTICLE 58.
A special Convention will determine the conditions for repayment
in marks of the
exceptional war expenditure advanced during the course of the
war by
Alsace-Lorraine or by the public bodies in Alsace-Lorraine on
account of the
Empire in accordance with German law, such as payment to the families
of persons
mobilised, requisitions, billeting of troops, and assistance to
persons who have
been evacuated. In fixing the amount of these sums Germany shall
be credited
with that portion which Alsace-Lorraine would have contributed
to the Empire to
meet the expenses resulting from these payments, this contribution
being
calculated according to the proportion of the Imperial revenues
derived from
Alsace-Lorraine in l913.
ARTICLE 59.
The French Government will collect for its own account the
Imperial taxes, duties
and dues of every kind leviable in the territories referred to
in Article 5l and
not collected at the time of the Armistice of November 11, 19l8.
ARTICLE 60.
The German Government shall without delay restore to AlsaceLorrainers
(individuals, juridical persons and public institutions) all property,
rights and
interests belonging to them on November 11, 1918, in so far as
these are situated
in German territory.
ARTICLE 61.
The German Government undertakes to continue and complete without
delay the
execution of the financial clauses regarding Alsace-Lorraine contained
in the
Armistice Conventions.
ARTICLE 62.
The German Government undertakes to bear the expense of all
civil and military
pensions which had been earned in Alsace. Lorraine on date of
November 11, 1918,
and the maintenance of which was a charge on the budget of the
German Empire.
The German Government shall furnish each year the funds necessary
for the payment
in francs, at the average rate of exchange for that year, of the
sums in marks to
which persons resident in Alsace-Lorraine would have been entitled
if
Alsace-Lorraine had remained under German jurisdiction.
ARTICLE 63.
For the purposes of the obligation assumed by Germany in Part
VIII (Reparation)
of the present Treaty to give compensation for damages caused
to the civil
populations of the Allied and Associated countries in the form
of fines, the
inhabitants of the territories referred to in Article 51 shall
be assimilated to
the above-mentioned populations.
ARTICLE 64.
The regulations concerning the control of the Rhine and of
the Moselle are laid
down in Part XII (Ports, Waterways and Railways) of the present
Treaty.
ARTICLE 65.
Within a period of three weeks after the coming into force
of the present Treaty,
the port of Strasburg and the port of Kehl shall be constituted,
for a period of
seven years, a single unit from the point of view of exploitation.
The administration of this single unit will be carried on by
a manager named by
the Central Rhine Commission, which shall also have power to remove
him.
This manager shall be of French nationality.
He will reside in Strasburg and will be subject to the supervision
of the Central
Rhine Commission.
There will be established in the two ports free zones in conformity
with Part XII
(Ports, Waterways and Railways) of the present Treaty.
A special Convention between France and Germany which shall
be submitted to the
approval of the Central Rhine Commission, will fix the details
of this
organisation, particularly as regards finance.
It is understood that for the purpose of the present Article
the port of Kehl
includes the whole of the area necessary for the movement of the
port and the
trains which serve it, including the harbour, quays and railroads,
platforms,
cranes, sheds and warehouses, silos, elevators and hydro-electric
plants, which
make up the equipment of the port.
The German Government undertakes to carry out all measures
which shall be
required of it in order to assure that all the making-up and switching
of trains
arriving at or departing from Kehl, whether for the right bank
or the left bank
of the Rhine, shall be carried on in the best conditions possible.
All property rights shall be safeguarded. In particular the
administration of the
ports shall not prejudice any property rights of the French or
Baden railroads.
Equality of treatment as respects traffic shall be assured
in both ports to the
nationals, vessels and goods of every country.
In case at the end of the sixth year France shall consider
that the progress made
in the improvement of the port of Strasburg still requires a prolongation
of this
temporary regime, she may ask for such prolongation from the Central
Rhine
Commission, which may grant an extension for a period not exceeding
three years.
Throughout the whole period of any such extension the free
zones above provided
for shall be maintained.
Pending appointment of the first manager by the Central Rhine
Commission a
provisional manager who shall be of French nationality may be
appointed by the
Principal Allied and Associated Powers subject to the foregoing
provisions.
For all purposes of the present Article the Central Rhine Commission
will decide
by a majority of votes.
ARTICLE 66.
The railway and other bridges across the Rhine now existing
within the limits of
Alsace-Lorraine shall, as to all their parts and their whole length,
be the
property of the French State, which shall ensure their upkeep.
The French Government is substituted in all the, rights of
the German Empire over
all the railways which were administered by the Imperial railway
administration
and which are actually working or under construction.
The same shall apply to the rights of the Empire with regard
to railway and
tramway concessions within the territories referred to in Article
51.
This substitution shall not entail any payment on the part
of the French State.
The frontier railway stations shall be established by a subsequent
agreement, it
being stipulated in advance that on the Rhine frontier they shall
be situated on
the right bank.
ARTICLE 68.
In accordance with the provisions of Article 268 of Chapter
I of Section I of
Part X (Economic Clauses) of the present Treaty, for a period
of five years from
the coming into force of the present Treaty, natural or manufactured
products
originating in and coming from the territories referred to in
Article 51 shall,
on importation into German customs territory, be exempt from all
customs duty.
The French Government may fix each year, by decree communicated
to the German
Government, the nature and amount of the products which shall
enjoy this
exemption.
The amount of each product which may be thus sent annually
into Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
Further, during the period of five years above mentioned, the
German Government
shall allow the free export from Germany and the free reimportation
into Germany,
exempt from all customs, duties and other charges (including internal
charges),
of yarns, tissues, and other textile materials or textile products
of any kind
and in any condition, sent from Germany into the territories referred
to in
Article 51, to be subjected there to any finishing process, such
as bleaching,
dyeing, printing, mercerization, gassing, twisting or dressing.
During a period of ten years from the coming into force of
the present Treaty,
central electric supply works situated in German territory and
formerly
furnishing electric power to the territories referred to in Article
51 or to any
establishment the working of which passes permanently or temporarily
from Germany
to France, shall be required to continue such supply up to the
amount of
consumption corresponding to the undertakings and contracts current
on November
11, 1918.
Such supply shall be furnished according to the contracts in
force and at a rate
which shall not be higher than that paid to the said works by
German nationals.
ARTICLE 70.
It is understood that the French Government preserves its right
to prohibit in
the future in the territories referred to in Article 51 all new
German
participation:
(1) In the management or exploitation of the public domain
and of public
services, such as railways, navigable waterways, water works,
gas works, electric
power, etc. ;
(2) In the ownership of mines and quarries of every kind and
in enterprises
connected therewith;
(3) In metallurgical establishments, even though their working
may not be
connected with that of any mine.
ARTICLE 71.
As regards the territories referred to in Article 51, Germany
renounces on behalf
of herself and her nationals as from November 11, 1918, all rights
under the law
of May 25, 1910, regarding the trade in potash salts, and generally
under any
stipulations for the intervention of German organisations in the
working of the
potash mines. Similarly, she renounces on behalf of herself and
her- nationals
all rights under any agreements, stipulations or laws which may
exist to her
benefit with regard to other products of the aforesaid territories.
ARTICLE 72.
The settlement of the questions relating to debts contracted
before November 11,
1918, between the German Empire and the German States or their
nationals residing
in Germany on the one part and Alsace-Lorrainers residing in Alsace-Lorraine
on
the other part shall be effected in accordance with the provisions
of Section III
of Part X (Economic Clauses) of the present Treaty, the expression
"before the
war" therein being replaced by the expression "before
November 11, 1918,. The
rate of exchange applicable in the case of such settlement shall
be the average
rate quoted on the Geneva Exchange during the month preceding
November 11, 1918.
There may be established in the territories referred to in
Article 51, for the
settlement of the aforesaid debts under the conditions laid down
in Section III
of Part X (Economic Clauses) of the present Treaty, a special
clearing office, it
being understood that this office shall be regarded as a "central
office" under
the provisions of paragraph 1 of the Annex to the said Section.
ARTICLE 73.
The private property, rights and interests of Alsace-Lorrainers
in Germany will
be regulated by the stipulations of Section IV of Part X (Economic
Clauses) of
the present Treaty.
ARTICLE 74.
The French Government reserves the right to retain and liquidate
all the
property, rights and interests which German nationals or societies
controlled by
Germany possessed in the territories referred to in Article 51
on November 11,
1918, subject to the conditions laid down in the last paragraph
of Article 53
above. Germany will directly compensate her nationals who may
have been
dispossessed by the aforesaid liquidations. The product of these
liquidations
shall be applied in accordance with the stipulations of Sections
III and IV of
Part X (Economic Clauses) of the present Treaty.
ARTICLE 75.
Notwithstanding the stipulations of Section V of Part X (Economic
Clauses) of the
present Treaty, all contracts made before the date of the promulgation
in
Alsace-Lorraine of the French decree of November 30, 1918, between
Alsace-Lorrainers (whether individuals or juridical persons) or
others resident
in Alsace-Lorraine on the one part and the German Empire or German
States and
their nationals resident in Germany on the other part, the execution
of which has
been suspended by the Armistice or by subsequent French legislation,
shall be
maintained.
Nevertheless, any contract of which the French Government shall
notify the
cancellation to Germany in the general interest within a period
of six months
from the date of 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 before November 11, 1918. If
this dissolution
would cause one of the parties substantial prejudice, equitable
compensation,
calculated solely on the capital employed without taking account
of loss of
profits, shall be accorded to the prejudiced party.
With regard to prescriptions, limitations and forfeitures in
Alsace-Lorraine, the
provisions of Articles 300 and 301 of Section V of Part X (Economic
Clauses)
shall be applied with the substitution for the expression "outbreak
of war" of
the expression "November 11, 1918", and for the expression
"duration of the war"
of the expression "period from November 11, 1918, to the
date of the coming into
force of the present Treaty".
ARTICLE 76.
Questions concerning rights in industrial, literary or artistic
property of
Alsace-Lorrainers shall be regulated in accordance with the general
stipulations
of Section VII of Part X (Economic Clauses) of the present Treaty,
it being
understood that AlsaceLorrainers holding rights of this nature
under German
legislation will preserve full and entire enjoyment of those rights
on German
territory.
ARTICLE 77
The German Government undertakes to pay over to the French
Government such
proportion of all reserves accumulated by the Empire or by public
or private
bodies dependent upon it, for the purposes of disability and old
age insurance,
as would fall to the disability and old age insurance fund at
Strasburg.
The same shall apply in respect of the capital and reserves
accumulated in
Germany falling legitimately to other social insurance funds,
to miners,
superannuation funds, to the fund of the railways of Alsace-Lorraine,
to other
superannuation organisations established for the benefit of the
personnel of
public administrations and institutions operating in Alsace-Lorraine
and also in
respect of the capital and reserves due by the insurance fund
of private
employees at Berlin, by reason of engagements entered into for
the benefit of
insured persons of that category resident in Alsace-Lorraine.
A special
Convention shall determine the conditions and procedure of these
transfers.
ARTICLE 78.
With regard to the execution of judgments, appeals and prosecutions,
the
following rules shall be applied:
(1) All civil and commercial judgments which shall have been
given since August
3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers,
or between
Alsace-Lorrainers and foreigners, or between foreigners, and which
shall not have
been appealed from before November 11, 1918, shall be regarded
as final and
susceptible of immediate execution without further formality.
When the judgment has been given between Alsace-Lorrainers
and Germans or between
Alsace-Lorrainers and subjects of the allies of Germany, it shall
only be capable
of execution after the issue of an exequatur by the corresponding
new tribunal in
the restored territory referred to in Article 51.
(2) All judgments given by German Courts since August 3, 1914,
against
Alsace-Lorrainers for political crimes or misdemeanors shall be
regarded as null
and void.
(3) All sentences passed since November 11, 1918, by the Court
of the Empire at
Leipzig on appeals against the decisions of the Courts of Alsace-Lorraine
shall
be regarded as null and void and shall be so pronounced. The papers
in regard to
the cases in which such sentences have been given shall be returned
to the Courts
of Alsace-Lorraine concerned.
All appeals to the Court of the Empire against decisions of
the Courts of
Alsace-Lorraine shall be suspended. The papers shall be returned
under the
aforesaid conditions for transfer without delay to the French
Cour de Cassation,
which shall be competent to decide them.
(4) All prosecutions in Alsace-Lorraine for offences committed
during the period
between November 11, 1918, and the coming into force of the present
Treaty will
be conducted under German law except in so far as this has been
modified by
decrees duly published on the spot by the French authorities.
(5) All other questions as to competence, procedure or administration
of justice
shall be determined by a special Convention between France and
Germany.
ARTICLE 79.
The stipulations as to nationality contained in the Annex hereto
shall be
considered as of equal force with the provisions of the present
Section.
All other questions concerning Alsace-Lorraine which are not
regulated by the
present Section and the Annex thereto or by the general provisions
of the present
Treaty will form the subject of further conventions between France
and Germany.
ANNEX.
1..
As from November 11, 1918, the following persons are ipso facto
reinstated in
French nationality:
(1) Persons who lost French nationality by the application
of the Franco-German
Treaty of May 10, 1871, and who have not since that date acquired
any nationality
other than German;
(2) The legitimate or natural descendants of the persons referred
to in the
immediately preceding paragraph, with the exception of those whose
ascendants in
the paternal line include a German who migrated into Alsace-Lorraine
after July
15, 1870;
(3) All persons born in Alsace-Lorraine of unknown parents,
L or whose
nationality is unknown.
2.
Within the period of one year from the coming into force of
the present Treaty,
persons included in any of the following categories may claim
French nationality:
(1) All persons not restored to French nationality under paragraph
1 above, whose
ascendants include a Frenchman or Frenchwoman who lost French
nationality under
the conditions referred to in the said paragraph;
(2) All foreigners, not nationals of a German State, who acquired
the status of a
citizen of Alsace-Lorraine before August 3, 1914;
(3) All Germans domiciled in Alsace-Lorraine, if they have
been so domiciled
since a date previous to July 15, 1870, or if one of their ascendants
was at that
date domiciled in Alsace-Lorraine;
(4) All Germans born or domiciled in Alsace-Lorraine who have
served in the
Allied or Associated armies during the present war, and their
descendants;
(5) All persons born in Alsace-Lorraine before May 10, 1871,
of foreign parents,
and the descendants of such persons;
(6) The husband or wife of any person whose French nationality
may have been
restored under paragraph 1, or who may have claimed and obtained
French
nationality in accordance with the
preceding provisions.
The legal representative of a minor may exercise, on behalf
of that minor, the
right to claim French nationality; and if that right has not been
exercised, the
minor may claim French nationality within the year following his
majority.
Except in the cases provided for in No.(6) of the present paragraph,
the French
authorities reserve to themselves the right, in individual cases,
to reject the
claim to French nationality.
3.
Subject to the provisions of paragraph 2, Germans born or domiciled
in
Alsace-Lorraine shall not acquire French nationality by reason
of the restoration
of Alsace-Lorraine to France, even though they may have the status
of citizens of
Alsace-Lorraine.
They may acquire French nationality only by naturalisation,
on condition of
having been domiciled in Alsace-Lorraine from a date previous
to August 3, 1914,
and of submitting proof of unbroken residence within the restored
territory for a
period of three years from November 11, 1918.
France will be solely responsible for their diplomatic and
consular protection
from the date of their application for French naturalisation.
The French Government shall determine the procedure by which
reinstatement in
French nationality as of right shall be effected, and the conditions
under which
decisions shall be given upon claims to such nationality and applications
for
naturalisation, as provided by the present Annex.
SECTION VI.
AUSTRIA.
ARTICLE 80.
Germany acknowledges and will respect strictly the independence
of Austria,
within the frontiers which may be fixed in a Treaty between that
State and the
Principal Allied and Associated Powers; she agrees that this independence
shall
be inalienable, except with the consent of the Council of the
League of Nations.
SECTION VII.
CZECH0-SLOVAK STATE.
ARTICLE 81.
Germany, in conformity with the action already taken by the
Allied and Associated
Powers, recognises the complete independence of the Czecho-Slovak
State which
will include the autonomous territory of the Ruthenians to the
south of the
Carpathians. Germany hereby recognises the frontiers of this State
as determined
by the Principal Allied and Associated Powers and the other interested
States.
ARTICLE 82.
The old frontier as it existed on August 3, 1914, between Austria-Hungary
and the
German Empire will constitute the frontier between Germany and
the Czecho-Slovak
State.
ARTICLE 83.
Germany renounces in favour of the Czecho-Slovak State all
rights and title over
the portion of Silesian territory defined as follows: starting
from a point about
2 kilometres south-east of Katscher, on the boundary between the
Kreise of
Leobschutz and Ratibor: the boundary between the two Kreise; then,
the former
boundary between Germany and Austria-Hungary up to a point on
the Oder
immediately to the south of the Ratibor-Oderberg railway; thence,
towards the
north-west and up to a point about 2 kilometres to the south-east
of Katscher: a
line to be fixed on the spot passing to the west of Kranowitz.
A Commission
composed of seven members, five nominated by the Principal Allied
and Associated
Powers, one by Poland and one by the Czecho-Slovak State, will
be appointed
fifteen days after the coming into force of the present Treaty
to trace on the
spot the frontier line between Poland and the Czecho-Slovak State.
The decisions
of this Commission will be taken by a majority and shall be binding
on the
parties concerned. Germany hereby agrees to renounce in favour
of the
Czecho-Slovak State all rights and title over the part of the
Kreis of Leobschutz
comprised within the following boundaries in case after the determination
of the
frontier between Germany and Poland the said part of that Kreis
should become
isolated from Germany: from the south-eastern extremity of the
salient of the
former Austrian frontier at about 5 kilometres to the west of
Leobschutz
southwards and up to the point of junction with the boundary between
the Kreise
of Leobschutz and Ratibor: the former frontier between Germany
and
Austria-Hungary; then, northwards, the administrative boundary
between the Kreise
of Leobschutz and Ratibor up to a point situated about 2 kilometres
to the
south-east of Katscher; thence, north-westwards and up to the
starting-point of
this definition: a line to be fixed on the spot passing to the
east of Katscher,
ARTICLE 84.
German nationals habitually resident in any of the territories
recognised as
forming part of the Czecho-Slovak State will obtain Czecho-Slovak
nationality
ipso facto and lose their German nationality.
ARTICLE 85.
Within a period of two years from the coming into force of
the present Treaty,
German nationals over eighteen years of age habitually resident
in any of the
territories recognized as forming part of the Czecho-Slovak State
will be
entitled to opt for German. nationality. Czecho-Slovaks who are
German nationals
and are habitually resident in Germany will have a similar right
to opt for
Czecho-Slovak nationality.
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 landed property in the
territory of the
other State where they had their place of residence before exercising
the right
to opt. They may carry with them their movable property of every
description. No
export or import duties may be imposed upon them in connection
with the removal
of such property.
Within the same period Czecho-Slovaks, who are German nationals
and are in a
foreign country will be entitled, in the absence of any provisions
to the
contrary in the foreign law, and if they have not acquired the
foreign
nationality, to obtain Czecho-Slovak nationality and lose their
German
nationality by complying with the requirements laid down by the
Czecho-Slovak
State.
ARTICLE 86.
The Czecho-Slovak State accepts and agrees to embody in a Treaty
with the
Principal Allied and Associated Powers such provisions as may
be deemed necessary
by the said Powers to protect the interests of inhabitants of
that State who
differ from the majority of the population in race, language,
or religion.
The Czecho-Slovak State further accepts and agrees to embody
in a Treaty with the
said Powers such provisions as they may deem necessary to protect
freedom of
transit and equitable treatment of the commerce of other nations.
The proportion and nature of the financial obligations of Germany
and Prussia
which the Czecho-Slovak State will have to assume on account of
the Silesian
territory placed under its sovereignty will be determined in accordance
with
Article 254 of Part IX (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions not decided
by the present Treaty
which may arise in consequence of the cession of the said territory.
SECTION VIII.
POLAND.
ARTICLE 87.
Germany, in conformity with the action already taken by the
Allied and Associated
Powers, recognises the complete independence of Poland, and renounces
in her
favour all rights and title over the territory bounded by the
Baltic Sea, the
eastern frontier of Germany as laid down in Article 27 of Part
II (Boundaries of
Germany) of the present Treaty up to a point situated about 2
kilometres to the
east of Lorzendorf, then a line to the acute angle which the northern
boundary of
Upper Silesia makes about 3 kilometres north-west of Simmenau,
then the boundary
of Upper Silesia to its meeting point with the old frontier between
Germany and
Russia, then this frontier to the point where it crosses the course
of the
Niemen, and then the northern frontier of East Prussia as laid
down in Article 28
of Part II aforesaid.
The provisions of this Article do not, however, apply to the
territories of East
Prussia and the Free City of Danzig, as defined in Article 28
of Part II
(Boundaries of Germany) and in Article 10o of Section XI (Danzig)
of this Part.
The boundaries of Poland not laid down in the present Treaty
will be subsequently
determined by the Principal Allied and Associated Powers.
A Commission consisting of seven members, five of whom shall
be nominated by the
Principal Allied and Associated Powers, one by Germany and one
by Poland, shall
be constituted fifteen days after the coming into force of the
present Treaty to
delimit on the spot the frontier line between Poland and Germany.
The decisions
of the Commission will be taken by a majority of votes and shall
be binding upon
the parties concerned.
ARTICLE 88.
In the portion of Upper Silesia included within the boundaries
described below,
the inhabitants will be called upon to indicate by a vote whether
they wish to be
attached to Germany or to Poland: starting from the northern point
of the salient
of the old province of Austrian Silesia situated about 8 kilometres
east of
Neustadt, the former frontier between Germany and Austria to its
junction with
the boundary between the Kreise of Leobschutz and Ratibor; thence
in a northerly
direction to a point about 2 kilometres south-east of Katscher:
the boundary
between the Kreise of Leobschutz and Ratibor; thence in a south-easterly
direction to a point on the course of the Oder immediately south
of the
Ratibor-Oderberg railway: a line to be fixed on the ground passing
south of
Kranowitz; thence the old boundary between Germany and Austria,
then the old
boundary between Germany and Russia to its junction with the administrative
boundary between Posnania and Upper Silesia; thence this administrative
boundary
to its junction with the administrative boundary between Upper
and Middle
Silesia, thence westwards to the point where the administrative
boundary turns
in an acute angle to the south-east about 3 kilometres north-west
of Simmenau:
the boundary between Upper and Middle Silesia; then in a westerly
direction to a
point to be fixed on the ground about 2 kilometres east of Lorzendorf:
a line to
be fixed on the ground passing north of Klein Hennersdorf: thence
southwards to
the point where the boundary between Upper and Middle Silesia
cuts the
Stadtel-Karlsruhe road: a line to be fixed on the ground passing
west of
Hennersdorf, Polkowitz, Noldau, Steinersdorf, and Dammer, and
east of Strehlitz,
Nassadel, Eckersdorf, Schwirz, and Stadtel; thence the boundary
between Upper and
Middle Silesia to its junction with the eastern boundary of the
Kreis of
Falkenberg; then the eastern boundary of the Kreis of Falkenberg
to the point of
the salient which is 3 kilometres east of Puschine; thence to
the northern point
of the salient of the old province of Austrian Silesia situated
about 8
kilometres east of Neustadt: a line to be fixed on the ground
passing east of
Zulz.
The regime under which this plebiscite will be taken and given
effect to is laid
down in the Annex hereto.
The Polish and German Governments hereby respectively bind
themselves to conduct
no prosecutions on any part of their territory and to take no
exceptional
proceedings for any political action performed in Upper Silesia
during the period
of the regime laid down in the Annex hereto and up to the settlement
of the final
status of the country.
Germany hereby renounces in favour of Poland all rights and
title over the
portion of Upper Silesia Iying beyond the frontier line fixed
by the Principal
Allied and Associated Powers as the result of the plebiscite.
ANNEX.
Within fifteen days from the coming into force of the present
Treaty the German
troops and such officials as may be designated by the Commission
set up under the
provisions of paragraph 2 shall evacuate the plebiscite area.
Up to the moment of
the completion of the evacuation they shall refrain from any form
of
requisitioning in money or in kind and from all acts likely to
prejudice the
material interests of the country.
Within the same period the Workmen's and Soldiers' Councils
which have been
constituted in this area shall be dissolved. Members of such Councils
who are
natives of another region and are exercising their functions at
the date of the
coming into force of the present Treaty, or who have gone out
of office since
March 1, 1919, shall be evacuated.
All military and semi-military unions formed in the said area
by inhabitants of
the district shall be immediately disbanded All members of such
military
organisations who are not domiciled in the said area shall be
required to leave
it.
The plebiscite area shall be immediately placed under the authority
of an
International Commission of four members to be designated by the
following
Powers: the United States of America, France, the British Empire,
and Italy. It
shall be occupied by troops belonging to the Allied and Associated
Powers, and
the German Government undertakes to give facilities for the transference
of these
troops to Upper Silesia.
3.
The Commission shall enjoy all the powers exercised by the
German or the Prussian
Government, except those of legislation or taxation. It shall
also be substituted
for the Government of the province and the Regierungsbezirk.
It shall be within the competence of the Commission to interpret
the powers
hereby conferred upon it and to determine to what extent it shall
exercise them,
and to what extent they shall be left in the hands of the existing
authorities.
Changes in the existing laws and the existing taxation shall
only be brought into
force with the consent of the Commission.
The Commission will maintain order with the help of the troops
which will be at
its disposal, and, to the extent which it may deem necessary,
by means of
gendarmerie recruited among the inhabitants of the country.
The Commission shall provide immediately for the replacement
of the evacuated
German officials and, if occasion arises, shall itself order the
evacuation of
such authorities and proceed to the replacement of such local
authorities as may
be required.
It shall take all steps which it thinks proper to ensure the
freedom, fairness,
and secrecy of the vote. In particular, it shall have the right
to order the
expulsion of any person who may in any way have attempted to distort
the result
of the plebiscite by methods of corruption or intimidation.
The Commission shall have full power to settle all questions
arising from the
execution of the present clauses. It shall be assisted by technical
advisers
chosen by it from among the local population.
The decisions of the Commission shall be taken by a majority
vote.
4.
The vote shall take place at such date as may be determined
by the Principal
Allied and Associated Powers, but not sooner than six months or
later than
eighteen months after the establishment of the Commission in the
area.
The right to vote shall be given to all persons without distinction
of sex who:
(a) Have completed their twentieth year on the 1st January
of the year in which
the plebiscite takes place-
(b) Were born in the plebiscite area or have been domiciled
there since a date to
be determined by the Commission, which shall not be subsequent
to January 1,
1919, or who have been expelled by the German authorities and
have not retained
their domicile there.
Persons convicted of political offences shall be enabled to
exercise their right
of voting.
Every person will vote in the commune where he is domiciled
or in which he was
born, if he has not retained his domicile in the area.
The result of the vote will be determined by communes according
to the majority
of votes in each commune.
5.
On the conclusion of the voting, the number of votes cast in
each commune will be
communicated by the Commission to the Principal Allied and Associated
Powers,
with a full report as to the taking of the vote and a recommendation
as to the
line which ought to be adopted as the frontier of Germany in Upper
Silesia. In
this recommendation regard will be paid to the wishes of the inhabitants
as shown
by the vote, and to the geographical and economic conditions of
the locality.
6.
As soon as the frontier has been fixed by the Principal Allied
and Associated
Powers, the German authorities will be notified by the International
Commission
that they are free to take over the administration of the territory
which it is
recognised should be German, the said authorities must proceed
to do so within
one month of such notification and in the manner prescribed by
the Commission.
Within the same period and in the manner prescribed by the
commission, the Polish
Government must proceed to take over the administration of the
territory which it
is recognized should be Polish.
When the administration of the territory has been provided
for by the German and
Polish authorities respectively, the powers of the Commission
will terminate.
The cost of the army of occupation and expenditure by the Commission,
whether in
discharge of its own functions or in the administration of the
territory, will be
a charge on the area.
ARTICLE 89.
Poland undertakes to accord freedom of transit to persons,
goods, vessels,
carriages, wagons, and mails in transit between East Prussia and
the rest of
Germany over Polish territory, including territorial waters, and
to treat them at
least as favourably as the persons, goods, vessels, carriages,
wagons and mails
respectively of Polish or of any other more favoured nationality,
origin
importation, starting point, or ownerships as regards facilities,
restrictions
and all other matters.
Goods in transit shall be exempt from all customs or other
similar duties.
Freedom of transit will extend to telegraphic and telephonic
services under the
conditions laid down by the conventions referred to in Article
98.
ARTICLE 90.
Poland undertakes to permit for a period of fifteen years the
exportation to
Germany of the products of the mines in any part of Upper Silesia
transferred to
Poland in accordance with the present Treaty.
Such products shall be free from all export duties or other
charges or
restrictions on exportation.
Poland agrees to take such steps as may be necessary to secure
that any such
products shall be available for sale to purchasers in Germany
on terms as
favourable as are applicable to like products sold under similar
conditions to
purchasers in Poland or in any other country.
ARTICLE 91.
German nationals habitually resident in territories recognised
as forming part of
Poland will acquire Polish nationality ipso facto and will lose
their German
nationality. German nationals, however, or their descendants who
became resident
in these territories after January 1, 1908, will not acquire Polish
nationality
without a special authorisation from the Polish State.
Within a period of two years after the coming into force of
the present Treaty,
German nationals over 18 years of age habitually resident in any
of the
territories recognised as forming part of Poland will be entitled
to opt for
German nationality.
Poles who are German nationals over 18 years of age and habitually
resident in
Germany will have a similar right to opt for Polish nationality.
Option by a husband will cover his wife and option by parents
will cover their
children under 18 years of age.
Persons who have exercised the above right to opt may 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
the territory of the
other State where they had their place of residence before exercising
the right
to opt.
They may carry with them their movable property of every description.
No export
or import duties or charges may be imposed upon them in connection
with the
removal of such property.
Within the same period Poles who are German nationals and are
in a foreign
country will be entitled, in the absence of any provisions to
the contrary in the
foreign law, and if they have not acquired the foreign nationality,
to obtain
Polish nationality and to lose their German nationality by complying
with the
requirements laid down by the Polish State.
In the portion of Upper Silesia submitted to a plebiscite the
provisions of this
Article shall only come into force as from the definitive attribution
of the
territory.
ARTICLE 92.
The proportion and the nature of the financial liabilities
of Germany and Prussia
which are to be borne by Poland will be determined in accordance
with Article 254
of Part IX (Financial Clauses) of the present Treaty.
There shall be excluded from the share of such financial liabilities
assumed by
Poland that portion of the debt which, according to the finding
of the Reparation
Commission referred to in the above-mentioned Article, arises
from measures
adopted by the German and Prussian Governments with a view to
German colonisation
in Poland.
In fixing under Article 256 of the present Treaty the value
of the property and
possessions belonging to the German Empire and to the German States
which pass to
Poland with the territory transferred above, the Reparation Commission
shall
exclude from the valuation buildings, forests, and other State
property which
belonged to the former Kingdom of Poland; Poland shall acquire
these properties
free of all costs and charges.
In all the German territory transferred in accordance with
the present Treaty and
recognised as forming definitively part of Poland, the property,
rights, and
interests of German nationals shall not be liquidated under Article
297 by the
Polish Government except in accordance with the following provisions:
(1) The proceeds of the liquidation shall be paid direct to
the owner;
(2) If on his application the Mixed Arbitral Tribunal provided
for by Section VI
of Part X (Economic Clauses) of the present Treaty, or an arbitrator
appointed by
that Tribunal, is satisfied that the conditions of the sale or
measures taken by
the Polish Government outside its general legislation were unfairly
prejudicial
to the price obtained, they shall have discretion to award to
the owner equitable
compensation to be paid by the Polish Government.
Further agreements will regulate all questions arising out
of the cession of the
above territory which are not regulated by the present Treaty.
ARTICLE 93.
Poland accepts and agrees to embody in a Treaty with the Principal
Allied and
Associated Powers such provisions as may be deemed necessary by
the said Powers
to protect the interests of inhabitants of Poland who differ from
the majority of
the population in race, language, or religion.
Poland further accepts and agrees to embody in a Treaty with
the said Powers such
provisions as they may deem necessary to protect freedom of transit
and equitable
treatment of the commerce of other nations.
SECTION IX.
EAST PRUSSIA.
ARTICLE 94.
In the area between the southern frontier of East Prussia,
as described in
Article 28 of Part II (Boundaries of Germany) of the present Treaty,
and the line
described below, the inhabitants will be called upon to indicate
by a vote the
State to which they wish to belong:
The western and northern boundary of Regierungsbezirk Allenstein
to its junction
with the boundary between the Kreise of Oletsko and Angerburg;
thence, the
northern boundary of the Kreis of Oletsko to its junction with
the old frontier
of East Prussia.
ARTICLE 95.
The German troops and authorities will be withdrawn from the
area defined above
within a period not exceeding fifteen days after the coming into
force of the
prese
