Note to XV, 435, in toto—Continued

the Court that their negotiations had yielded no result and asked for a judgment.

The judgment of the Court of June 7, 1932 (Series A/B, No. 46) was, by six votes to five, to the effect that, "as between France and Switzerland, Article 435, par. 2, . . . neither has abrogated nor is intended to lead to the abrogation" of the instruments cited in the agreement of October 30, 1924. The French Government must withdraw its customs line in accordance with the provisions of those instruments by January 1, 1934, and the regime under them "must continue in force so long as it has not been modified by agreement between the parties".

The French and Swiss Governments agreed June 7, 1932 upon the appointment of three experts with arbitral powers for regulating the terms of the exchange of goods between the free zones and Swiss territory. The award, delivered on December 1, 1933 (Series E, No. 10, pp. 106-27), embodied articles of settlement which included provision for a permanent Franco-Swiss commission to settle difficulties resulting from the operation of the regime and to supervise execution of the settlement. Enabling legislation by both parties brought the settlement into force on January 1, 1934, implying "the abrogation of all previously existing provisions inconsistent therewith".

ARTICLE 436.

The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.

Note to XV, 436

The treaty (111 British and Foreign State Papers, p. 727) was noted here in virtue of a stipulation contained in its article VII. The Government of France assumes for the Principality of Monaco "the defence of its independence and sovereignty and guarantees the integrity of its territory as though that territory formed part of France". The Monegasque Government undertakes to "exercise its rights of sovereignty entirely in accord with the political, military, naval and economic interests of France", with which a prior understanding is required respecting "measures concerning the international relations of the Principality". Confirming the additional

Note to XV, 436—Continued

articles of the treaty of February 2, 1861 (51 ibid., p. 673), the Prince undertakes "not to alienate the Principality, either in whole or in part, in favor of any power other than France".

In the event of the Crown falling vacant, "the territory of Monaco shall form, under the protectorate of France, an autonomous state”. The French Government was entitled to introduce into the territory and territorial waters of Monaco "the military and naval forces required for upholding the security of the two countries". France pledged its good offices to facilitate Monaco's admission "to international conferences and institutions". The Assembly of the League of Nations decided in 1920 not to admit Monaco, Liechtenstein, and San Marino on account of their smallness.

ARTICLE 437.

The High Contracting Parties agree that, in the absence of a subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall in the event of an equality of votes be entitled to a second vote.

Note to XV, 437

Article 437 lays down a rule that is normal in international procedure when decisions are taken by majority vote. Owing to the abstention of the United States from representation on commissions to be provided by the Principal Allied and Associated Powers, the article became more important than originally contemplated. See notes relating to the Reparation Commission, part VIII, annex II, paragraph 2.

ARTICLE 438.

The Allied and Associated Powers agree that where Christian religious missions were being maintained by German societies or persons in territory belonging to them, or of which the government is entrusted to them in accordance with the present Treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the faith of the Mission whose property is involved.

Text of May 7:

In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the Christian faith. It will be the duty of such boards of trustees to see that the property continues to be applied to missionary purposes.

The Allied and Associated Governments, while continuing to maintain full control as to the individuals by whom the Missions are conducted, will safeguard the interests of such Missions.

Text of May 7:

The obligations undertaken by the Allied and Associated Governments in this Article will not in any way prejudice their control or authority as to the individuals by whom the missions are conducted.

Germany, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.

ARTICLE 439.

Without prejudice to the provisions of the present Treaty, Germany undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present Treaty, including those which without having declared war, have broken off diplomatic relations with the German Empire, any pecuniary claim based on events which occurred at any time before the coming into force of the present Treaty.

The present stipulation will bar completely and finally all claims. of this nature, which will be thenceforward extinguished, whoever may be the parties in interest.

Note to XV, 439

The states which broke off diplomatic relations with the German Empire were Bolivia, Ecuador, Peru, and Uruguay. Ecuador did not ratify and resumed relations with Germany without special treaty.

Costa Rica broke off diplomatic relations with Germany on September 21, 1917 and declared war on Germany on May 23, 1918. The revolutionary Government of Costa Rica was not recognized by the President of the United States and Costa Rica was not admitted

Note to XV, 439—Continued

to the Paris Peace Conference. Costa Rica declared the state of war at an end by a decree of February 4, 1920 and Germany by a law of May 15, 1921, effective May 27, 1921.

ARTICLE 440.

Germany accepts and recognises as valid and binding all decrees and orders concerning German ships and goods and all orders relating to the payment of costs made by any Prize Court of any of the Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any German national.

The Allied and Associated Powers reserve the right to examine in such manner as they may determine all decisions and orders of German Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers. Germany agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and give effect to the recommendations made after such examination of the cases.

Note to XV, 440

The German delegation protested that Germany had to recognize all decisions of the Allied prize courts, whereas the Allies reserved the right to examine the decisions of German prize courts; which would permit the enemies of Germany to obtain indemnities that rightly belonged to Germany (Foreign Relations, The Paris Peace Conference, 1919, vi, 899). Nothing was said about the return of the tonnage condemned by German prize courts which had to be surrendered under the armistice or the return of German ships and cargoes condemned by enemy prize courts. Objections were also raised to paragraphs 7 to 9 of annex III to part VIII.

THE PRESENT TREATY, of which the French and English texts are both authentic, shall be ratified.

The deposit of ratifications shall be made at Paris as soon as possible.

Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.

A first procès-verbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Germany on the one hand, and by three of the Principal Allied and Associated Powers on the other hand.

Note to final clauses

The German National Assembly authorized the signing of the treaty of peace on June 22, 1919 by a vote of 237 yeas to 138 nays, 5 abstentions, and one vote invalid. The signing by the German delegates on June 28 was ratified on July 9 (Reichsanzeiger, no. 154, July 11, 1919), and the deposit of the instrument of ratification with the Secretary-General of the Peace Conference on July 12 resulted in the abolition of blockade and other conditions affecting Germany which had been enforced under the armistice. A law of July 16 (Reichsgesetzblatt, 1919, p. 687), in force on August 12, made the treaty of peace legally binding within Germany. Article 178 of the constitution of the German Reich adopted at Weimar on August 11, 1919 provides that "the provisions of the treaty of peace signed on June 28, 1919 at Versailles are not affected by the Constitution". A general law for the execution of the treaty was passed on August 31, 1919 (ibid., p. 1530).

The first procès-verbal of the deposit of ratifications was drawn up on January 10, 1920 at 4:15 p.m. on behalf of the following: The British Empire, Canada, Australia, Union of South Africa, New Zealand and India, France, Italy, Japan, Belgium, Bolivia, Brazil, Guatemala, Peru, Poland, Siam, Czechoslovakia, and Uruguay.

Deposits of ratification were subsequently made as follows: Kingdom of the Serbs, Croats and Slovenes, February 10, 1920; Cuba, March 8, 1920; Greece, March 30, 1920; Portugal, April 8, 1920; Haiti and Liberia, June 30, 1920; Rumania, September 14, 1920; Honduras and Nicaragua, November 3, 1920; Panama, November 25, 1920.

From the date of this first procès-verbal the Treaty will come into force between the High Contracting Parties who have ratified it. For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.

In all other respects the Treaty will enter into force for each Power at the date of the deposit of its ratification.