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No. 132

POLAND AND RUSSIA AND THE UKRAINE

Treaty of Peace, signed at Riga, March 18, 1921; ratifications exchanged at Minsk, April 30, 1921.

Text from 6 League of Nations Treaty Series, page 53.

ART. 5. Each of the Contracting Parties mutually undertakes to respect in every way the political sovereignty of the other Party, to abstain from interference in its internal affairs, and particularly to refrain from all agitation, propaganda or interference of any kind, and not to encourage any such movement.

Each of the Contracting Parties undertakes not to create or protect organi sations which are formed with the object of encouraging armed conflict against the other Contracting Party or of undermining its territorial integrity, or of subverting by force its political or social institutions, nor yet such organisations as claim to be the Government of the other Party or of a part of the territories of the other Party. The Contracting Parties, therefore, undertake to prevent such organisations, their official representatives and other persons connected therewith, from establishing themselves on their territory, and to prohibit military recruiting and the entry into their territory and transport across it, of armed forces, arms, munitions and war material of any kind destined for such organisations.

No. 133

MULTIPARTITE

Statute on Freedom of Transit, annexed to the convention opened for signature at Barcelona, April 20, 1921; in force October 31, 1922. Text from 7 League of Nations Treaty Series, page 11.o

EDITOR'S NOTE. According to available information, this convention and statute is in force, by virtue of signature or subsequent accession, between the following States: Albania, Austria, Belgium, British Empire (including Newfoundland, Federated Malay States (Perah, Selangor, Negri Sembilan and Pahang), Non-Federated Malay States (Bremei, Johore, Kedah, Perlis, Kelantan, and Trengann), and Palestine), New Zealand, India, Bulgaria, Chile, Czechoslovakia, Danzig (Free City of), Denmark, Estonia, Finland, France (including Syria and Lebanon), Germany, Greece, Hungary, Iran, Iraq, Italy, Japan, Latvia, Luxemburg, Netherlands (including Netherland Indies, Surinam and Curaçao), Norway, Poland, Rumania, Siam, Spain, Sweden, Switzerland, Turkey, and Yugoslavia.

The following states have not yet ratified their signatures or accessions: Bolivia, China, Ethiopia, Guatemala, Lithuania, Panama, Peru, Portugal, and Uruguay.

ART. 8. This Statute does not prescribe the rights and duties of belligerents and neutrals in time of war. The Statute shall, however, continue in force in time of war so far as such rights and duties permit.

EDITOR'S NOTE.-Identical provisions are contained in the following multipartite conventions concluded under the auspices of the League of Nations:

Statute on the regime of navigable waterways of international concern; annexed to the convention opened for signature at Barcelona, April 20, 1921, in force October 31, 1922, article 15.8

Also in 116 British and Foreign State Papers, p. 523; British Treaty Series No. 27 (1923); 1 Hudson, International Legislation, p. 631.

7 League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935-1936, Geneva, Sept. 10, 1936, p. 15.

According to available information [League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935/1936, Geneva, Sept. 10, 1936, pp. 16-17] this Convention and Statute is in force, by virtue of signature or subsequent ratification, between the following States: Albania, Austria, British Empire (including Newfoundland, Federated Malay States and Palestine), New Zealand, India, Bulgaria, Chile, Czechoslovakia, Denmark, Finland, France, Greece, Hungary, Italy, Luxemburg, Norway, Rumania (with reservations), Siam, Sweden, and Turkey.

The following States have not yet ratified their signature or accession: Belgium, Bolivia, China, Colombia, Esthonia, Guatemala, Lithuania, Panama, Peru, Poland, Portugal, Spain, and Uruguay.

Convention relating to the development of hydraulic power affecting more than one State; opened for signature at Geneva, December 9, 1923, in force June 30, 1925, article 9.o

Convention relating to the transmission in transit of electric power; opened for signature at Geneva December 9, 1923, in force July 26, 1926, article 9.10

Statute on the international regime of maritime ports; annexed to the convention opened for signature at Geneva, December 9, 1923, in force July 26, 1926, article 18.11

Statute on the international regime of railways; annexed to the convention opened for signature at Geneva, December 9, 1923; in force March 23, 1926, art. 32.12

ART. 9. This Statute does not impose upon a Contracting State any obligations conflicting with its rights and duties as a Member of the League of Nations.

EDITOR'S NOTE.—Identical provisions are contained in the statute on the regime of navigable waterways of international concern; annexed to the convention opened for signature at Barcelona, April 20, 1921, in force Oct. 31, 1922, article 16.

No. 134

AFGHANISTAN AND PERSIA

Treaty of Friendship, signed at Teherán, June 22, 1921; ratifications exchanged at Kabul, September 7, 1923.

Text from 33 League of Nations Treaty Series, page 285.13

ART. 9. The relations of cordial understanding between Persia and Afghanistan shall not be affected in the event of one of the High Contracting Parties becoming involved in a war with a third Power. But in this case the other Party shall undertake, in accordance with the rules of neutrality, not to favor this third Power in any respect.

• According to available information [League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935/1936, Geneva, Sept. 10, 1936, p. 37], this Convention is in force, by virtue of signature or subsequent accession, between the following States: Austria, British Empire, New Zealand, Free City of Danzig, Denmark, Hungary, Greece, Iraq, Panama, and Siam. The following States have not yet ratified their signature or accession: Belgium, Bulgaria, Chile, France, Italy, Lithuania, Poland, Uruguay, and Yugoslavia.

10 According to available information [League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935/1936, Geneva, Sept. 10, 1936, pp. 35-36], this Convention is in force, by virtue of signature or subsequent ratification, between the following States: Austria, British Empire, New Zealand, Čzechoslovakia, Denmark, Free City of Danzig, Greece, Iraq, Panama, and Spain.

The following States have not yet ratified their signature or accession: Hungary, Italy, Lithuania, Poland, Uruguay, and Yugoslavia.

11 According to available information [League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935/1936, Geneva, Sept. 10, 1936, pp. 33-34], this Convention is in force, by virtue of signature or subsequent ratification, between the following States: Austria, Belgium (excepting Belgian Congo and the mandated territory of Ruanda-Urundi), British Empire, Australia, New Zealand, India, Czechoslovakia (with reservations), Denmark (excluding Greenland), Esthonia (with reservations), France (with reservations), Germany (with reservations), Greece (with reservations), Hungary (with reservations), Iraq (with reservations), Italy (with reservations), Japan (with reservations), Mexico, Netherlands (with reservations), Norway, Siam, Sweden, Switzerland, and Yugoslavia (with reservations).

The following States have not yet ratified their signature or accession: Brazil, Bulgaria, Chile, Lithuania, Panama, Salvador, Spain, and Uruguay.

12 According to available information [League of Nations Doc. No. A. 6 (a). 1936. Annex I (V). Annex to the Report on the Work of the League for the Year 1935/1936, Geneva, Sept. 10, 1936, pp. 31-33], this Convention is in force, by virtue of signature or subsequent ratification, between the following States: Austria, Belgium, British Empire, New Zealand, India, Denmark, Esthonia, Ethiopia, France (with reservations), Germany, Greece, Hungary, Italy, Japan, Netherlands, Poland, Free City of Danzig, Rumania, Siam, Spain, Sweden, Switzerland, and Yugoslavia.

The following States have not yet ratified their signature or accession: Colombia, Czechoslovakia, FinI and, Lithuania, Panama, Portugal, Salvador, and Uruguay. 13 Also in 118 British and Foreign State Papers, p. 6.

No. 135

DENMARK AND NORWAY

Convention Relating to Air Navigation, signed at Copenhagen, July 27, 1921; ratifications exchanged at Copenhagen, January 4,

1922.

Text from 9 League of Nations Treaty Series, page 23.14

ART. 39. In case of war the provisions of this Convention shall in no way limit the freedom of action of the Contracting States in their capacity as belligerents or as neutrals.

EDITOR'S NOTE.-Identical provisions are contained in the following treaties:

Denmark and Sweden, November 7, 1922, article 39.
Norway and Sweden, May 26, 1923, article 39.

No. 136

MULTIPARTITE

Convention Relative to the Non-Fortification and Neutralization of the Åland Islands; signed at Geneva, October 20, 1921; in force April 6, 1922.

Text from 9 League of Nations Treaty Series, page 213.15

EDITOR'S NOTE. This convention was signed by Germany, Denmark, Esthonia, Finland, France, British Empire, Italy, Latvia, Poland, and Sweden. The ratifications were deposited in Geneva as follows: By Germany, Denmark, Finland, France, British Empire, and Sweden on April 6, 1922; by Italy on May 11, 1922; by Poland on June 29, 1922; and by Latvia on September 9, 1922.

ART. 6. In time of war, the zone described in Article 2 shall be considered as a neutral zone and shall not, directly or indirectly, be used for any purpose connected with military operations.

Nevertheless, in the event of a war affecting the Baltic Sea, Finland shall have the right, in order to assure respect for the neutrality of the Aaland Islands, temporarily to lay mines in the territorial waters of these islands and for this purpose to take such measures of a maritime nature as are strictly necessary.

In such a case Finland shall at once refer the matter to the Council of the League of Nations.

ART. 7. I. * * *

II. If the neutrality of the zone should be imperilled by a sudden attack either against the Åaland Islands or across them against the Finnish mainland, Finland shall take the necessary measures in the zone to check and repulse the aggressor until such time as the High Contracting Parties shall in conformity with the provisions of this Convention, be in a position to intervene to enforce respect for the neutrality of the islands.

Finland shall refer the matter immediately to the Council.

No. 137

AUSTRIA AND CZECHOSLOVAKIA

Political agreement signed at Prague, December 16, 1921; ratifications exchanged at Prague, March 15, 1922.

Text from 9 League of Nations Treaty Series, page 249.

ART. 3. Each State undertakes to remain neutral should the other be compelled to defend itself against attack.

ART. 4. Both States undertake not to tolerate on their territories any political or military organization directed against the integrity and security of the other

14 Also in 114 British and Foreign State Papers, p. 724.

15 Also in 114 British and Foreign State Papers, p. 421; British Treaty Series No. 6 (1922); 1 Hudson International Legislation, p. 744.

contracting party. They agree to work together and afford each other mutual aid against any plans or attempts to restore the former regime, either as regards foreign and domestic policy, or in respect of the form of the State and of Government. The competent authorities of both States shall afford each other mutual assistance in effectively combating secret intrigues having this object.

No. 138

MULTIPARTITE

Convention Instituting the Statute of Navigation of the Elbe, signed at Dresden, February 22, 1922; in force October 1, 1923. Text from 26 League of Nations Treaty Series, page 219.16

EDITOR'S NOTE.-This convention was signed by Germany, Belgium, Great Britain, Italy, France, and Czechoslovakia. The ratifications of all signatories were deposited with the secretary general of the International Commission of the Elbe at Dresden, and the procès-verbal of the deposit was closed on June 30, 1923.

ART. 49. The provisions of the present Convention continue valid in time of war to the fullest extent compatible with the rights and duties of belligerents and neutrals. *

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No. 139
MULTIPARTITE

Convention on the Freedom of Transit and Navigation of the Straits, signed at Lausanne, July 24, 1923; in force August 6, 1924. Text from 28 League of Nations Treaty Series, page 115."

EDITOR'S NOTE.-This convention was signed by the British Empire, France, Italy, Japan, Bulgaria, Greece, Rumania, Russia, the Serb-CroatSlovene State [Yugoslavia], and Turkey. Ratifications deposited with the French Government as follows: By Greece, February 11, 1924; by Turkey, March 31, 1924; by Bulgaria, May 24, 1924; by the British Empire, Italy, and Japan, August 6, 1924; by France, August 30, 1924.

ART. 2. The transit and navigation of commercial vessels and aircraft, and of war vessels and aircraft in the Straits in time of peace and in time of war shall henceforth be regulated by the provisions of the attached Annex.

ANNEX. RULES FOR THE PASSAGE OF COMMERCIAL VESSELS AND AIRCRAFT, AND OF WAR VESSELS AND AIRCRAFT THROUGH THE STRAITS.

1. Merchant Vessels, including Hospital Ships, Yachts and Fishing Vessels and non- -Military Aircraft

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(b) In Time of War, Turkey being Neutral.

Complete freedom of navigation and passage by day and by night under the same conditions as above. The duties and rights of Turkey as a neutral Power cannot authorise her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral, just as in time of peace.

(c) In Time of War, Turkey being a Belligerent.

* *

*

Freedom of navigation for neutral vessels and neutral non-military aircraft, if the vessel or aircraft in question does not assist the enemy, particularly by carrying contraband, troops or enemy nationals. Turkey will have the right to visit and search such vessels and aircraft, and for this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey. The rights of Turkey to apply to enemy vessels the measures allowed by international law are not affected.

Turkey will have full power to take such measures as she may consider necessary to prevent enemy vessels from using the Straits. These measures, however, are not to be of such a nature as to prevent the free passage of neutral vessels, and

16 Also in 116 British and Foreign State Papers, p. 598; British Treaty Series No. 3 (1923); 2 Hudson, International Legislation, p. 835.

17 Also in 117 British and Foreign State Papers, p. 592; British Treaty Series No. 16 (1923); 2 Hudson, Inter· national Legislation p. 1028.

Turkey agrees to provide such vessels with either the necessary instructions or pilots for the above purpose.

2. Warships, including Fleet Auxiliaries, Troopships, Aircraft Carriers and Military Aircraft

(a) * **

(b) In Time of War, Turkey being Neutral.

Complete freedom of passage by day and by night under any flag, without any formalities, or tax, or charge whatever, under the same limitations as in paragraph 2 (a).

However, these limitations will not be applicable to any belligerent Power to the prejudice of its belligerent rights in the Black Sea.

The rights and duties of Turkey as a neutral Power cannot authorize her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral, just as in time of peace.

Warships and military aircraft of belligerents will be forbidden to make any capture, to exercise the right of visit and search, or to carry out any other hostile act in the Straits.

As regard revictualling and carrying out repairs, war vessels will be subject to the terms of the Thirteenth Hague Convention of 1907, dealing with maritime neutrality.

Military aircraft will receive in the Straits similar treatment to that accorded under the Thirteenth Hague Convention of 1907 to warships, pending the conclusion of an international Convention establishing the rules of neutrality for aircraft. (c) In Time of War, Turkey being Belligerent.

Complete freedom of passage for neutral warships, without any formalities, or tax, or charge whatever, but under the same limitations as in paragraph 2 (a). The measures taken by Turkey to prevent enemy ships and aircraft from using the straits are not to be of such a nature as to prevent the free passage of neutral ships and aircraft, and Turkey agrees to provide the said ships and aircraft with either the necessary instructions or pilots for the above purpose.

Neutral military aircraft will make the passage of the Straits at their own risk and peril, and will submit to investigation as to their character. For this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey.

3. The passage of the Straits by submarines of Powers at peace with Turkey must be made on the surface. * * *

EDITOR'S NOTE.-This convention has now been replaced by the Convention Regarding the Regime of the Straits, signed at Montreaux July 20, 1936, by Bulgaria, France, Great Britain, Greece, Japan, Rumania, Turkey, Soviet Russia, and Yugoslavia. The sufficient number of ratifications (six) have not yet been deposited at Paris with the French Government; the convention has not yet entered into force. The pertinent provisions of the Montreaux Convention follow [text from Cmd. 5249, Turkey No. 1 (1936)]:

ART. 4. In time of war, Turkey not being belligerent, merchant vessels, under any flag or with any kind of cargo, shall enjoy freedom of transit and navigation in the Straits subject to the provisions of articles 2 and 3.

* *

*

ART. 5. In time of war, Turkey being belligerent, merchant vessels not belonging to a country at war with Turkey shall enjoy freedom of transit and navigation in the Straits on condition that they do not in any way assist the enemy.

Such vessels shall enter the Straits by day and their transit shall be effected by the route which shall in each case be indicated by the Turkish authorities.

ART. 19. In time of war, Turkey not being belligerent, warships shall enjoy complete freedom of transit and navigation through the Straits under the same conditions as those laid down in articles 10 to 18.

Vessels of war belonging to belligerent Powers shall not, however, pass through the Straits except in cases arising out of the application of article 25 of the present Convention, and in cases of assistance rendered to a State victim of aggression in virtue of a treaty of mutual assistance binding Turkey, concluded within the framework of the Covenant of the League of Nations, and registered and published in accordance with the provisions of article 18 of the Covenant.

In the exceptional cases provided for in the preceding paragraph, the limitations laid down in articles 10 to 18 of the present Convention shall not be applicable.

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