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(d) Not to subject the nationals of any one of the Allied and Associated Powers to any restriction which was not applicable on July 1, 1914, to the nationals of such Powers unless such restriction is likewise imposed on her own nationals.
Note to X, 276
The time limitation placed on this article by article 280 was not removed by the Council of the League of Nations.
For the inapplication to Siam of this article and articles 277 and 279 of this chapter, see note under article 137.
The nationals of the Allied and Associated Powers shall enjoy in German territory a constant protection for their persons and for their property, rights and interests, and shall have free access to the courts of law.
Germany undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin. Note to X, 278
This provision, intended to correct a practice of pre-war Germany, did not accomplish that purpose. The subversive activities conducted abroad under the National Socialist regime in numerous instances were in contravention of the principle stated in this article.
The Allied and Associated Powers may appoint consuls-general, consuls, vice-consuls, and consular agents in German towns and ports. Germany undertakes to approve the designation of the consuls-general, consuls, vice-consuls, and consular agents, whose names shall be notified to her, and to admit them to the exercise of their functions in conformity with the usual rules and customs.
Note to X, 279
By article 279 the Allies claimed the right to appoint consular officers in all German localities without consulting the German Government (Foreign Relations, The Paris Peace Conference, 1919, vi, 884). Germany declined to accept this "far-reaching innovation" except on the basis of reciprocity (ibid., p. 977). The Allies replied that the unilateral character of the article resulted from "the political activities of German consuls and from the acts committed by the Germans in the territories of certain Allied and Associated Powers". Article 289 would permit Germany to renew consular relations with individual Allied and Associated Powers.
CHAPTER V. GENERAL ARTICLES.
The obligations imposed on Germany by Chapter I and by Articles 271 and 272 of Chapter II above shall cease to have effect five years from the date of the coming into force of the present Treaty, unless otherwise provided in the text, or unless the Council of the League of Nations shall, at least twelve months before the expiration of that period, decide that these obligations shall be maintained for a further period with or without amend
Article 276 of Chapter IV shall remain in operation, with or without amendment, after the period of five years for such further period, if any, not exceeding five years, as may be determined by a majority of the Council of the League of Nations.
Note to X, 280
By this article specified obligations imposed on Germany were to cease to have effect after five years "unless the Council of the League of Nations shall, at least 12 months before the expiration of that period, decide that these obligations shall be maintained for a further period with or without amendment". The time limit involved required the Council's consideration of the matter at the latest in its 27th session, December 10-21, 1923, but no member of the Council or of the League proposed the item for the agenda in the period stipulated by the treaty. Therefore, it came to an end on January 9, 1925.
For the inapplication to Siam of this article, see note under article 137.
If the German Government engages in international trade, it shall not in respect thereof have or be deemed to have any rights, privileges or immunities of sovereignty.
From the coming into force of the present Treaty and subject to the provisions thereof the multilateral treaties, conventions and agreements of an economic or technical character enumerated below and in the subsequent Articles shall alone be applied as between Germany and those of the Allied and Associated Powers party thereto :
Note to X, 282
While unable to check the completeness of the list of multilateral treaties enumerated in the draft for becoming operative again, the German delegation believed it preferable in principle for all multilateral treaties in force at the outbreak of the war to come into force again at the peace, a later examination to determine which of them should be altered or terminated (Foreign Relations, The Paris Peace Conference, 1919, vi, 871). The provision whereby Germany must accept in advance all conventions concerning international postal, telegraphic, and wireless traffic was "incompatible with the dignity of an independent people". Germany also protested emphatically against article 289 which gave the Allies the exclusive right to decide which bilateral treaties should be revised, and proposed that either party should be free to inform the other of provisions which had become inoperative, the settlement to be arrived at by special commissions. Germany's treaties with Peru, Bolivia, Ecuador, and Uruguay, which were not at war with Germany, would not be affected. The general abrogation of Germany's treaties with Russia and Rumania could not be accepted because resumption and maintenance of relations with those countries would be affected. Finally Germany could not, without a more detailed examination, grant to the Allies certain advantages formerly accorded to its allies or to neutrals, and proposed special negotiations.
The Allies replied that they "could not permit the continuance of all the treaties which Germany imposed on her allies, or her temporarily defeated adversaries, and even in certain cases on neutral countries" in order to obtain particularly favorable condi
Note to X, 282—Continued
tions and special advantages incompatible with justice (ibid., p. 974). Consequently there was no necessity for negotiation. Articles 283 and 284 had been misunderstood. Germany merely undertook not to refuse consent to the conclusion of special arrangements by the new states and would have the option of participating in the drawing up of the new radiotelegraphic convention, to which Germany need not be bound unless it was concluded within five years. Article 289 had also been misunderstood. The Allies gave assurances that the article would not be "arbitrarily used for the purpose of splitting up bilateral treaties in such a way that only the obligations should remain on one side and on the other side only the rights", and they would, through the League of Nations, insure the loyal execution of the article. The language of the article was modified accordingly. The Allies declined to accept the German reservation concerning treaties with four South American states, and they maintained their position as regards articles 290, 291, 292, and 294.
(1) Conventions of March 14, 1884, December 1, 1886, and March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables.
Note to X, 282 (1)
The 1884 convention is printed at Treaties, Conventions, etc., 1776– 1909, II, 1949, and at 75 British and Foreign State Papers, p. 356; the declaration of December 1, 1886 and March 23, 1887 is at Treaties, Conventions, etc., 1776–1909, п, 1956, and the final protocol of 1887 at ibid., p. 1958.
(2) Convention of October 11, 1909, regarding the international circulation of motor-cars.
Note to X, 282 (2)
The convention is printed at 102 British and Foreign State Papers, p. 64.
(3) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 18, 1907. Note to X, 282 (3)
The 1886 agreement is printed at Martens, Nouveau recueil général de Traités, 2o série, xxII, 42; the 1907 protocol, at ibid., 3e série, 11, 878.
See also article 366.
(4) Agreement of May 15, 1886, regarding the technical standardisation of railways.
Note to X, 282 (4)
This agreement between Austria-Hungary, France, Germany, Italy, and Switzerland was signed at Bern and entered into force on April 1, 1887. Belgium, the Netherlands, and Rumania subsequently adhered. The text is in Italy, Ministro degli affari esteri, Trattati e convenzioni tra il regno d'Italia e gli altri stati, XI, 23. See also article 366.
(5) Convention of July 5, 1890, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tariffs.
Note to X, 282 (5)
The convention is printed in Treaty Series 384 and at 82 British and Foreign State Papers, p. 340.
(6) Convention of December 31, 1913, regarding the unification of commercial statistics.
Note to X, 282 (6)
The convention is printed at 116 British and Foreign State Papers, p. 58.
(7) Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.
Note to X, 282 (7)
The convention is printed at 100 British and Foreign State Papers, p. 575.
(8) Convention of March 14, 1857, for the redemption of toll dues on the Sound and Belts.
Note to X, 282 (8)
The convention is printed at 47 British and Foreign State Papers, p. 24.
(9) Convention of June 22, 1861, for the redemption of the Stade Toll on the Elbe.
Note to X, 282 (9)
The convention is printed at 51 British and Foreign State Papers, p. 27.