Note to XII, 379—Continued “I. The Members of the League of Nations are hereby invited to send special representatives to a general conference on freedom of communications and transit to meet at Barcelona as soon as possible after the meeting of the Assembly. This Conference shall be invited to: "(1) draw up, under conditions laid down in the resolution regarding the relations between the technical organizations and the Council and the Assembly of the League of Nations, the measures which may be taken by the Members of the League in fulfilment of that part of Article 23 (e) of the Covenant which concerns freedom of communications and transit, as well as the general conventions on the international régime of transit, of ports, of waterways, and of railways, referred to in Articles 338 and 379 of the Treaty of Versailles." "II. The Conference shall likewise be invited to organize an advisory and technical committee, the headquarters of which shall be at Geneva. This committee shall be a consultative and technical body, to consider and propose measures calculated to ensure freedom of communications and transit at all times, and to assist the Council and Assembly of the League in discharging the functions entrusted to the League by Article 24 of the Covenant, and by Articles 342, 377 and 378 of the Treaty of Versailles, and the corresponding articles in the other treaties. "The committee may arrange for any future conference and prepare its agenda; it will exchange all requisite information concerning communications and transit with the appropriate technical ministries of the Members of the League; it will be entrusted with the investigation of any disputes which may be referred to the League under Articles 336, 376, 386 of the Treaty of Versailles, and corresponding articles in the other treaties of peace, and will endeavour to adjust such disputes whenever possible by conciliation between the Parties; in the event of such disputes being brought before the Permanent Court of International Justice, the committee may be called upon to assist the Court." The Organization for Communications and Transit was established by a statute adopted by the General Conference on Communications and Transit, Barcelona, March 10-April 20, 1921, at which 44 states were represented. The statute of the organization as revised and in force in 1927 is in Third General Conference on Communications and Note to XII, 379—Continued Transit, IV, 60 (Doc. C.558 (c), M.200 (c), 1927, VIII, 15/IV). A revision, Statute of the Organisation for Communications and Transit (Doc. C.64.1938.VIII.1), adopted by the Council January 29, 1938, was intended to enable the United States to participate. In fulfilment of the intentions of article 379 of the treaty of peace the following instruments were concluded by the conference: Convention and statute on freedom of transit, Barcelona, April 20, 1921; in force October 31, 1922; signatories, 41 (7 League of Nations Treaty Series, p. 11). Convention and statute on the régime of navigable waterways of international concern, Barcelona, April 20, 1921; in force, October 31, 1922; signatories, 32 (7 League of Nations Treaty Series, p. 35). Additional protocol of the convention on the régime of navigable waterways of international concern, Barcelona, April 20, 1921; in force October 8, 1921; signatories, 20 (7 League of Nations Treaty Series, p. 65). Declaration recognizing the right to a flag of states having no seacoast, Barcelona, April 20, 1921; registered October 8, 1921; signatories, 44 (7 League of Nations Treaty Series, p. 73). Convention and statute on the international régime of maritime ports, and protocol of signature, Geneva, December 9, 1923; in force July 26, 1926; signatories, 30 (58 League of Nations Treaty Series, p. 285). Convention and statute on the international régime of railways, Geneva, December 9, 1923; in force March 23, 1926; signatories, 36 (47 League of Nations Treaty Series, p. 550). SECTION VI.—Clauses Relating to the Kiel Canal. ARTICLE 380. The Kiel Canal and its approaches shall be maintained free and open to the vessels of commerce and of war of all nations at peace with Germany on terms of entire equality. Note to XII, 380 The British S.S. Wimbledon, under time charter to a French company and laden with 4,200 tons of munitions and artillery stores consigned to Poland at Danzig, was refused passage on March 21, Note to XII, 380—Continued 1921 through the Kiel Canal by the German director of canal traffic in virtue of German neutrality orders of July 25 and 30, 1920, to the application of which Germany claimed article 380 was not an obstacle. Great Britain, France, Italy, and Japan, with Poland intervening, brought suit against Germany before the Permanent Court of International Justice on account of the refusal of passage and 13 days' delay of the Wimbledon. The Court on August 17, 1923 found that article 380 "should have prevented Germany from applying to the Kiel Canal the neutrality order promulgated" on July 25, 1920 and fixed the prejudice sustained at 140,749.35 francs, with interest at 6 per cent (Series A, No. 1). The Reparation Commission on November 10, 1923 refused its consent to the payment of the sum. On January 15, 1937 the German naval authorities published a regulation that warships and naval craft of foreign states might pass through the Kaiser Wilhelm Canal only by authorization obtained through diplomatic channels. ARTICLE 381. The nationals, property and vessels of all Powers shall, in respect of charges, facilities, and in all other respects, be treated on a footing of perfect equality in the use of the Canal, no distinction being made to the detriment of nationals, property and vessels of any Power between them and the nationals, property and vessels of Germany or of the most favoured nation. No impediment shall be placed on the movement of persons or vessels other than those arising out of police, customs, sanitary, emigration or immigration regulations and those relating to the import or export of prohibited goods. Such regulations must be reasonable and uniform and must not unnecessarily impede traffic. ARTICLE 382. Only such charges may be levied on vessels using the Canal or its approaches as are intended to cover in an equitable manner the cost of maintaining in a navigable condition, or of improving, the Canal or its approaches, or to meet expenses incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenses, and shall be posted up in the ports. These charges shall be levied in such a manner as to render any detailed examination of cargoes unnecessary, except in the case of suspected fraud or contravention. ARTICLE 383. Goods in transit may be placed under seal or in the custody of customs agents; the loading and unloading of goods, and the embarkation and disembarkation of passengers, shall only take place in the ports specified by Germany. ARTICLE 384. No charges of any kind other than those provided for in the present Treaty shall be levied along the course or at the approaches of the Kiel Canal. ARTICLE 385. Germany shall be bound to take suitable measures to remove any obstacle or danger to navigation, and to ensure the maintenance of good conditions of navigation. She shall not undertake any works of a nature to impede navigation on the Canal or its approaches. ARTICLE 386. In the event of violation of any of the conditions of Articles 380 to 386, or of disputes as to the interpretation of these Articles, any interested Power can appeal to the jurisdiction instituted for the purpose by the League of Nations. Text of May 7: In the event of violation of any of the conditions of Articles 380 to 386, or of disputes as to the interpretation of these Articles, any interested Power can appeal to the jurisdiction instituted for the purpose by the League of Nations, and can demand the formation of an International Commission. In order to avoid reference of small questions to the League of Nations, Germany will establish a local authority at Kiel qualified to deal with disputes in the first instance and to give satisfaction so far as possible to complaints which may be presented through the consular representatives of the interested Powers. Note to XII, 386 For the establishment of the Organization for Communications and Transit of the League of Nations, see article 379. 695852 O-47-45 PART XIII. [LABOUR.] THE CONSTITUTION OF THE INTERNATIONAL Notes to Part XIII, Articles 1 [387] to 41 [427] "When the new edition of the Constitution and Rules in which were to be incorporated the amendments consequential on the amendment to Article 393 [7] was being prepared, the Office was led to consider whether 'Part XIII of the Treaty of Versailles' was the most appropriate title for the Constitution of the International Labour Organisation. Since the Constitution also forms part of the other three Treaties of Peace in which the articles are numbered differently, there seemed to be no good reason why specific reference should always be made to one of the Treaties rather than to another. "After the matter had been brought to the notice of the Standing Orders Committee, it was thought desirable, in order to overcome the difficulty, to use the title 'Constitution of the International Labour Organisation' and to indicate in a footnote that the Constitution formed a certain specified part of the various Treaties of Peace. The Governing Body will see that the articles have been renumbered 1, 2, 3, etc. of the Constitution of the International Labour Organisation and that the numbers of the various articles of the Treaty of Versailles, which hitherto have been the most generally used, have, for the sake of convenience, been given in brackets."-Director's Report, 69th session of the Governing Body, January 24-February 2, 1935; Minutes of the 69th session, p. 165. 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 stipulated 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 |