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Notes to Part II, Articles 27 to 30-Continued
Guaranties were demanded for German minorities, "especially by the concession of the right to support and frequent German schools and churches and to publish German newspapers" (ibid., p. 941). If possible, complete "cultural autonomy" should be assured. Germany was determined to treat its foreign minorities "according to the same principles".
The Allies replied that they were prepared to accord guaranties, under the control of the League of Nations, for the educational, religious, and cultural rights of German minorities, and they took note of the German statement that Germany was determined to treat its minorities according to the same principles.
The treaty restoring friendly relations between the United States and Germany, signed at Berlin, August 25, 1921 and in force on November 11, 1921 with retroactive effect to July 2, 1921, stipulates in article II (3) "that the United States assumes no obligations under or with respect to the provisions" of this part. The Senate of the United States in its resolution of October 18, 1921 giving advice and consent to the ratification of the treaty restoring friendly relations stipulated "that the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation”.
Part II of the treaty was not printed as an annex, technically a schedule, of the treaty restoring friendly relations by the Department of State in Treaty Series 658, nor in 42 Stat. 1939. The entire treaty of peace with Germany, as well as those with Austria and Hungary, was printed as a separate appendix to the treaty restoring friendly relations in the volume compiled under resolution of the Senate of August 19, 1921 and published as Senate Document 348, 67th Congress, 4th session, serial 8167; Treaties, Conventions, etc., 1910-23,
The boundaries of Germany will be determined as follows:
Note to II, 27
Of the eight boundaries stipulated in this article to constitute the frontiers of Germany, three were unchanged; three underwent rela
'Unless otherwise indicated, the date of the Allied reply was June 16, 1919.
Note to II, 27-Continued
tively slight changes, with adjustments dependent upon future decisions; and two-the French and Polish boundaries-involved considerable change.
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 neutral Moresnet, then the eastern boundary of the Kreis of Eupen, then the frontier between Belgium and the Kreis of Montjoie, then the north-eastern and eastern boundary of the Kreis of Malmédy to its junction with the frontier of Luxemburg.
Note to II, 27 (1)
In the delimitation proceedings the Conference of Ambassadors approved on July 22, 1920 the cession to Belgium of the RohrerKalterherberg Railroad line and that part of the Kreis (circle) of Montjoie situated west of that line. Modifications of the treaty line near Roetgen were made as compensation.
Decisions concerning the fixation of the Belgo-German boundary according to these specifications, made and in effect November 6, 1922, were published in the Reichsgesetzblatt, 1924, II, 1. A German decree of May 18, 1940 incorporated Eupen, Malmédy, and neutral Moresnet in the German Reich, thus reverting to the pre-1919 boundary (ibid., 1940, 1, 777). The three have a total area of 366.59 square miles.
See also part III, section I.
An arrangement between Belgium and Germany regulating frontier questions, signed at Aix-la-Chapelle November 7, 1929 (Reichsgesetzblatt, 1931, п, 126), was followed by an additional arrangement concluded on May 10, 1935 and in force November 15 (ibid., 1935, 11, 751).
2. With Luxemburg:
The frontier of August 3, 1914, to its junction with the frontier of France of the 18th July, 1870.
Note to II, 27 (2)
The boundary of Germany with Luxembourg remained that of the treaty respecting the neutralization of Luxembourg signed at London, May 11, 1867, which was severally binding upon Austria, Belgium, France, Great Britain, Italy, the Netherlands, Prussia, and Russia
Note to II, 27 (2)-Continued
(57 British and Foreign State Papers, p. 52; Hertslet, Map of Europe by Treaty, p. 1801).
Article 84 of the treaty of peace with Austria and article 68 of the treaty of peace with Hungary accept this as one of the arrangements concluded by the Allied and Associated Powers relating to Luxembourg. The Netherlands and Russia, other parties to the treaty of 1867, were not parties to the treaty of peace with Germany. See also part III, section II.
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.
Note to II, 27 (3)
This was the frontier of 1815, imposed on France after the "Hundred Days" of Napoleon. At Paris the French Government asked for the frontier of 1814, which would have included in France the territory west of the Saar district and the city of Landau.
The treaty between France and Germany regarding the delimitation of the frontier made pursuant to this provision was signed at Paris on August 14, 1925. The exchange of ratifications was not effected until May 15, 1928 (75 League of Nations Treaty Series, p. 103). In its technical aspects, the treaty was an excellent example of modern frontier delimitation. Its main text ran to 53 articles, and 8 extensive annexes took into account the many special factors which insured the establishment of definitive boundary lines and smooth operation of a frontier-zone regime. For purposes of the treaty, the frontier between France and Germany was divided into three sections: (1) The Prussian sector from Luxembourg to the territory of the Saar Basin;
(2) The Bavarian sector from the territory of the Saar Basin to the State of Baden;
(3) The Baden sector extending along the Rhine as far as Switzerland.
Modifications in the frontier as compared with that before 1871 were minor, consisting of one cession by each party in the first section, and in the second section five cessions by France to Germany and four by Germany to France. All these, however, resulted in the transfer of only .76 hectare by France to Germany and of .77 hectare
Note to II, 27 (3)—Continued
by Germany to France along a border 265 kilometers in length. The boundary marks were verified by a joint inspection every 5 years. The administration of the frontier zone, which extended 5 kilometers each side of the line, was remitted to the local authorities, whose regulations and usages were made applicable both to roads and waterways intersecting or running along the frontier. No occasion arose for either party to exercise its right of bringing any dispute regarding the interpretation or application of the treaty before the Permanent Court of International Justice.
An unusual feature of the treaty was an annex describing in full detail the course of the boundary line and indicating its local characteristics even to the extent of identifying buildings intersected by the line which should not be rebuilt if they were razed or fell into disuse. The principle of visibility between delimitation marks was aimed at. The Rhine was divided by the axis of the thalweg, defined as "the continuous line of deepest soundings".
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.
Note to II, 27 (5, 6)
The German frontier to the south remained unchanged with the difference that, whereas Germany formerly abutted upon the dual monarchy of Austria-Hungary, later it was conterminous with Austria and Czechoslovakia.
The German frontier with Czechoslovakia followed the line of the old German-Austrian frontier, and Czechoslovakia received only 122 square miles of former German territory in Upper Silesia. In addition to direct contact with Germany, the Czechoslovak boundary eastward toward Poland involved small areas of former German territory.
See further part III, section VI and section VII, article 83.
From the point defined above to a point to be fixed on the ground about 2 kilometres east of Lorzendorf:
the frontier 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 places in Poland: Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross Kosel, Schreibersdorf, Rippin, Fürstlich-Niefken, Pawelau, Tscheschen, Konradau, Johannisdorf, Modzenowe, Bogdaj, and in Germany: Lorzendorf, Kaulwitz, Glausche, Dalbersdorf, Reesewitz, Stradam, Gross Wartenberg, Kraschen, Neu Mittelwalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer;
thence the administrative boundary of Posnania north-westwards 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 ZüllichauBentschen) 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 Küddow: the course of the Netze;