ANNEX A.

Treaty of Mutual Guaranty Between Germany, Belgium, France, Great Britain and Italy.

Initialed at Locarno, October 16,1925; signed at London. December 1,1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with Secretariat, League of Nations, by Germany, Belgium, France, Great Britain, Italy, September 14,1926; entered into force, September 14, 1926; registered at the League of Nations, September 14,1926.

[Translation.]

The President of the German Reich, his Majesty the King of the Belgians, the President of the French Republic, and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the seas, Emperor of India, his Majesty the King of Italy;

Anxious to satisfy the desire for security and protection which animates the peoples upon whom fell the scourge of the war of 1914-18;

Taking note of the abrogation of the treaties for the neutralization of Belgium, and conscious of the necessity of insuring peace in the area which has so frequently been the scene of European conflicts;

Animated also with the sincere desire of giving to all the signatory powers concerned supplementary guaranties within the framework of the Covenant of the League of Nations and the treaties in force between them;

Have determined to conclude a treaty with these objects, and have pointed as their plenipotentiaries:

Who, having communicated their full powers, found in good and due form, have agreed as follows:

ARTICLE 1. The High Contracting Parties collectively and severally¹ guarantee, in the manner provided in the following articles, the maintenance of the territorial status quo resulting from the frontiers between Germany and Belgium and between Germany and France and the inviolability of the said frontiers as fixed by or in pursuance of the treaty of peace signed at Versailles on June 28, 1919, and also the observance of the stipulations of Arts. 42 and 48 of the said treaty concerning the demilitarized zone.²

ART. 2. Germany and Belgium, and also Germany and France, mutually undertake that they will in no case attack or invade each other or resort to war against each other.

This stipulation shall not, however, apply in the case of -- 1. The exercise of the right of legitimate defense, that is to say, resistance to a violation of the undertaking contained in the previous paragraph or to a flagrant breach of Arts. 42 or 43 of the said treaty of Versailles, if such breach constitutes an unprovoked act of aggression and by reason

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1 The definition of this term was given in the French note of May 22 to Great Britain as follows:

"6.-- (a) By 'joint and several guaranty' is meant that the guaranty is given by all the signatories who must in principle act together, but that each individual signatory is nevertheless bound to act, even in the case where one or several of the cosignatories default; thus, on the occasion of the violation of Belgian neutrality by Germany in 1914, Austria defaulted, but the other guarantors were bound to act and did not hesitate to honor their signature." (Op. cit., 17.)

2 The articles referred to read:

"ART. 42. Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank to the west of a line drawn 50 kilometers to the east of the Rhine.

"ART. 43. In the area defined above the maintenance and the assembly of armed forces, either permanently or temporarily, and military maneuvers of any kind, as well as the upkeep of all permanent works of mobilization, are in the same way forbidden."

of the assembly of armed forces in the demilitarized zone immediate action is necessary.^l

2. Action in pursuance of Art. 16 of the Covenant of the League of Nations.²

3. Action as the result of a decision taken by the Assembly or by the Council of the League of Nations or in pursuance of Art. l5, par. 7, of the Covenant of the League of Nations, provided that in this last event the action is directed against a state which was the first to attack.³

ART. 3. In view of the undertakings entered into in Art. 2 of the present treaty, Germany and Belgium and Germany and France undertake to settle by peaceful means and in the manner laid down herein all

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1. 'This subparagraph provides an alternative procedure and, pro tanto, a modification, as between the parties, of the previous stipulation of the treaty of Versailles, which reads:

"ART. 44. In case Germany violates in any manner whatever the provisions of Arts. 42 and 43, she shall be regarded as committing a hostile act against the powers signatory of the present treaty and as calculated to disturb the peace of the world."

2. The Members of the League of Nations under this article undertake to sever all trade or financial relations with and to take other similar measures against any Member of the League which resorts to war in disregard of the provisions of Arts. 12, 19 or 15 of the Covenant. By Art. 12 the Members of the League agree that any dispute likely to lead to a rupture shall be submitted to arbitration or judicial settlement or to inquiry. Art. 13 deals with the arbitral method and Art. 15 with the inquiry method.

3. The situation contemplated in this clause relates to the procedure of inquiry by the Council in the case of a dispute likely to lead to a rupture. If the Council is so seized of the matter, its first effort is to "endeavor to effect a settlement." If the dispute is not thus settled, the Council publishes its recommendations and the pertinent facts. If this report is unanimously agreed to by the disinterested members of the Council, "the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report."

Paragraph 7 reads: "If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the representatives of one or more parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice."

It is this provision, when reached under the procedure laid down by Art. 15, that is read into the present treaty. The latter part of subpar. (3) of Art. 2 may therefore be paraphrased as follows:

The stipulations of Par. 1 of Art. 2 shall not apply in case the Council of the League of Nations fails to produce a report unanimous except for representatives of one or more of the parties to the dispute. Under these circumstances, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice, which action is defined by the present treaty as "directed against the state which was the first to attack."

questions of every kind which may arise between them and which it may not be possible to settle by the normal methods of diplomacy:

Any question with regard to which the parties are in conflict as to their respective rights shall be submitted to judicial decision, and the parties undertake to comply with such decision.

All other questions shall be submitted to a conciliation commission. If the proposals of this commission are not accepted by the two parties, the question shall be brought before the Council of the League of Nations, which will deal with it in accordance with Art. 15 of the Covenant of the League.

The detailed arrangements for effecting such peaceful settlement are the subject of special agreements signed this day.^l

Art. 4. (1) If one of the High Contracting Parties alleges that a violation of Art. 2 of the present treaty or a breach of Arts. 42 or 43 of the treaty of Versailles has been or is being committed, it shall bring the question at once before the Council of the League of Nations.

2. As soon as the Council of the League of Nations is satisfied that such violation or breach has been committed, it will notify its finding without delay to the powers signatory of the present treaty, who severally agree that in such case they will each of them come immediately to the assistance of the power against whom the act complained of is directed.

3. In case of a flagrant violation of Art. 2 of the present treaty or of a flagrant breach of Arts. 42 or 43 of the treaty of Versailles by one of the High Contracting Parties, each of the other Contracting Parties hereby undertakes immediately to come to the help of the party against whom such a violation or breach has been directed as soon as the said power has been able to satisfy itself that this violation constitutes an unprovoked act of aggression and that by reason either of the crossing of the frontier or of the outbreak of hostilities or of the assembly of armed forces in the demilitarized zone immediate action is necessary. Nevertheless, the Council of the League of Nations, which will be seized of the question in accordance with the first paragraph of this article, will issue its findings, and the High Contracting Parties undertake to act in accordance with the recommendations of the Council provided that they are concurred in by all the members other than the representatives of the parties which have engaged in hostilities.

ART.5. The provisions of Art. 3 of the present treaty are placed under the guaranty of the High Contracting Parties as provided by the following stipulations:

If one of the powers referred to in Art. 3 refuses to submit a dispute to peaceful settlement or to comply with an arbitral or judicial decision

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1 .The conventions referred to are Annexes B and C, infra.

and commits a violation of Art. 2 of the present treaty or a breach of Arts. 42 or 43 of the treaty of Versailles, the provisions of Art. 4 shall apply.

Where one of the powers referred to in Art. 8, without committing a violation of Art. 2 of the present treaty or a breach of Arts. 42 or 43 of the treaty of Versailles, refuses to submit a dispute to peaceful settlement or to comply with an arbitral or judicial decision, the other party shall bring the matter before the Council of the League of Nations, and the Council shall propose what steps shall be taken; the High Contracting Parties shall comply with these proposals.

ART. 6. The provisions of the present treaty do not affect the rights and obligations of the High Contracting Parties under the treaty of Versailles or under arrangements supplementary thereto, including the agreements signed in London on August 30, 1924.¹

ART. 7. The present treaty, which is designed to insure the maintenance of peace and is in conformity with the Covenant of the League of Nations, shall not be interpreted as restricting the duty of the League to take whatever action may be deemed wise and effectual to safeguard the peace of the world.

ART. 8. The present treaty shall be registered at the League of Nations in accordance with the Covenant of the League. It shall remain in force until the Council, acting on a request of one or other of the High Contracting Parties notified to the other signatory powers three months in advance, and voting at least by a two-thirds majority, decides that the League of Nations insures sufficient protection to the High Contracting Parties; the treaty shall cease to have effect on the expiration of a period of one year from such decision.

ART. 9. The present treaty shall impose no obligation upon any of the British dominions, or upon India, unless the Government of such dominion, or of India, signifies its acceptance thereof.

ART. 10. The present treaty shall be ratified and the ratifications shall be deposited at Geneva in the archives of the League of Nations as soon as possible.

It shall enter into force as soon as all the ratifications have been deposited and Germany has become a Member of the League of Nations.

The present treaty, done in a single copy, will be deposited in the archives of the League of Nations, and the Secretary-General will be requested to transmit certified copies to each of the High Contracting Parties.

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1. The agreements putting into force the Experts' (Dawes) Plan. For texts see Reparation, Part VI, this Series, Vol. VIII, Nos. 54, p. 236.

In faith whereof the above-mentioned Plenipotentiaries have signed the present treaty.

Done at Locarno, October 16, 1925.

HANS LUTHER.¹ GUSTAV STRESEMANN.

EMILE VANDERVELDE. ARI. BRIAND. STANLEY BALDWIN. AUSTEN CHAMBERLAIN. B.M. ² VITTORIO SCIALOJA.

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1. The initials were affixed at Locarno. The signatures were affixed at London.

2. Benito Mussolini initialed at Locarno only.

ANNEX B.
Arbitration Convention Between Germany and Belgium.

lnitialed at Locarno October 16,1925; signed at London, December 1, 1925; deposited with the Secretariat of the League of Nations, December 14, 1926 - ratifications deposited with Secretariat, League of Nations, by Germany, Belgium, September 14, l926; entered into force, September 14,1926; registered at the League of Nations, September 14, l926.

[Translation.]

The undersigned duly authorized,

Charged by their respective Governments to determine the methods by which, as provided in Art. 3 of the treaty concluded this day between Germany, Belgium, France, Great Britain and Italy, a peaceful solution shall be attained of all questions which can not be settled amicably between Germany and Belgium.

Have agreed as follows:

PART I.

Article 1. All disputes of every kind between Germany and Belgium with regard to which the parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy, shall be submitted for decision either to an arbitral tribunal or to the Permanent Court of International Justice, as laid down hereafter. It is agreed that the disputes referred to above include in particular those mentioned in Art. 13 of the Covenant of the League of Nations.¹

This provision does not apply to disputes arising out of events prior to the present convention and belonging to the past.

Disputes for the settlement of which a special procedure is laid down in other conventions in force between Germany and Belgium shall be settled in conformity with the provisions of those conventions.

ART. 2. Before any resort is made to arbitral procedure or to procedure before the Permanent Court of International Justice, the dispute may, by agreement between the parties, be submitted with a view to amicable settlement to a permanent international commission styled the Permanent Conciliation Commission, constituted in accordance with the present convention.

ART. 3. In the case of a dispute the occasion of which, according to the municipal law of one of the parties, falls within the competence of the national courts of such party, the matter in dispute shall not be submitted to the procedure laid down in the present convention until a judgment with final effect has been pronounced, within a reasonable time, by the competent national judicial authority.

ART. 4. The Permanent Conciliation Commission mentioned in Art. 2 shall be composed of five members who shall be appointed as follows, that is to say: the German Government and the Belgian Government shall each nominate a commissioner chosen from among their respective nationals, and shall appoint, by common agreement, the three other commissioners from among the nationals of third powers; these three commissioners must be of different nationalities and the German and Belgian Governments shall appoint the president of the commission from among them.

The commissioners are appointed for three years, and their mandate is renewable. Their appointment shall continue until their replacement, and, in any case, until the termination of the work in hand at the moment of the expiry of their mandate. Vacancies which may occur as a result of death, resignation or any other cause shall be filled within the shortest possible time in the manner fixed for the nominations.

ART. 5. The Permanent Conciliation Commission shall be constituted within three months from the entry into force of the present convention.

If the nomination of the commissioners to be appointed by common agreement should not have taken place within the said period, or, in the

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1. The second paragraph of Art. 13 reads:

"Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which, if established, would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement.

case of the filling of a vacancy, within three months from the time when the seat falls vacant, the President of the Swiss Confederation shall, in the absence of other agreement, be requested to make the necessary appointments.

ART. 6. The Permanent Conciliation Commission shall be informed by means of a request addressed to the president by the two parties acting in agreement or, in the absence of such agreement, by one or other of the parties.

The request, after having given a summary account of the subject of the dispute, shall contain the invitation to the commission to take all necessary measures with a view to arrive at an amicable settlement.

If the request emanates from only one of the parties, notification thereof shall be made without delay to the other party.

ART. 7. Within 15 days from the date when the German Government or the Belgian Government shall have brought a dispute before the Permanent Conciliation Commission either party may, for the examination of the particular dispute, replace its commissioner by a person possessing special competence in the matter.

The party making use of this right shall immediately inform the other party; the latter shall in that case be entitled to take similar action within 15 days from the date when the notification reaches it.

ART. 8. The task of the Permanent Conciliation Commission shall be to elucidate questions in dispute, to collect with that object all necessary information by means of inquiry or otherwise, and to endeavor to bring the parties to an agreement. It may, after the case has been examined, inform the parties of the terms of settlement which seem suitable to it, and lay down a period within which they are to make their decision.

At the close of its labors the commission shall draw up a report stating, as the case may be, either that the parties have come to an agreement and, if need arises, the terms of the agreement, or that it has been impossible to effect a settlement.

The labors of the commission must, unless the parties otherwise agree, be terminated within six months from the day on which the commission shall have been notified of the dispute.

ART. 9. Failing any special provision to the contrary, the Permanent Conciliation Commission shall lay down its own procedure, which in any case must provide for both parties being heard. In regard to inquiries the commission, unless it decides unanimously to the contrary, shall act in accordance with the provisions of Chap. 3 (International Commissions of Inquiry) of the Hague convention of October 18, 1907,¹ for the pacific settlement of international disputes.

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1. The chapter referred to is reprinted in "Protocol of Arbitration, Security and Disarmament," Part II, this Series, Vol. VII. No. 8, p. 461. Arts. 10-36 of the chapter define procedure.

ART. 10. The Permanent Conciliation Commission shall meet, in the absence of agreement by the parties to the contrary, at a place selected by its president.

ART. 11. The labors of the Permanent Conciliation Commission are not public, except when a decision to that effect has been taken by the commission with the consent of the parties.

ART. 12. The parties shall be represented before the Permanent Conciliation Commission by agents, whose duty it shall be to act as intermediary between them and the commission; they may, moreover, be assisted by counsel and experts appointed by them for that purpose, and request that all persons whose evidence appears to them useful should be heard. The commission, on its side, shall be entitled to request oral explanations from the agents, counsel and experts of the two parties, as well as from all persons it may think useful to summon with the consent of their Government.

ART. 13. Unless otherwise provided in the present convention, the decisions of the Permanent Conciliation Commission shall be taken by a majority.

ART. 14. The German and Belgian Governments undertake to facilitate the labors of the Permanent Conciliation Commission, and particularly to supply it, to the greatest possible extent, with all relevant documents and information, as well as to use the means at their disposal to allow it to proceed in their territory and in accordance with their law to the summoning and hearing of witnesses or experts, and to visit the localities in question.

ART. 15. During the labors of the Permanent Conciliation Commission each commissioner shall receive salary, the amount of which shall be fixed by agreement between the German and Belgian Governments, each of which shall contribute an equal share.

ART. 16. In the event of no amicable agreement being reached before the Permanent Conciliation Commission the dispute shall be submitted by means of a special agreement either to the Permanent Court of International Justice under the conditions and according to the procedure laid down by its Statute^l or to an arbitral tribunal under the conditions and according to the procedure laid down by the Hague convention of October 18, 1907,² for the pacific settlement of international disputes.

If the parties can not agree on the terms of the special agreement after a month's notice one or other of them may bring the dispute before the Permanent Court of International Justice by means of an application.

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1. See "America and the Permanent Court of International Justice," this Series, Vol. V, No. 5, p. 364.
2. The procedure is set forth in Arts. 51-85 of the convention, this Series, Vol. VII, No. 8, p. 470.

PART II.

ART. 17. All questions on which the German and Belgian Governments shall differ without being able to reach an amicable solution by means of the normal methods of diplomacy the settlement of which can not be attained by means of a judicial decision as provided in Art. l of the present convention, and for the settlement of which no procedure has been laid down by other conventions in force between the parties, be submitted to the Permanent Conciliation Commission, whose duty it shall be to propose to the parties an acceptable solution and in any case to present a report.

The procedure laid down in Arts. 6-15 of the present convention shall be applicable.

ART. 18. If the two parties have not reached an agreement within a month from the termination of the labors of the Permanent Conciliation Commission the question shall, at the request of either party, be brought before the Council of the League of Nations, which shall deal with it in accordance with Art. 16 of the Covenant of the League. ¹

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1 Art 15 of the Covenant reads:
"If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or to judicial settlement in accordance with Art. 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary-General, who will make all necessary arrangements for a full investigation and consideration thereof.

"For this purpose the parties to the dispute will communicate to the Secretary-General, as promptly as possible, statements of their case, with all the relevant facts and papers, and the Council may forthwith direct the publication thereof.

"The Council shall endeavor to effect a settlement of the dispute and, if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate.

"If the dispute is not thus settled, the Council, either unanimously or by a majority vote, shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto.

"Any member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same.

"If a report by the Council is unanimously agreed to by the Members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.

"If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.

"If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.

"The Council may in any case under this Article refer the dispute to the Assembly. The dispute shall be so referred at the request of either party to the dispute, provided that such request be made within fourteen days after the submission of the dispute to the Council.

"ln any case referred to the Assembly, all the provisions of this Article and of Art. 12 relating to the action and powers of the Council shall apply to the action and powers of the Assembly, provided that a report made by the Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute, shall have the same force as a report by the Council concurred in by all the members thereof other than the Representatives of one or more of the parties to the dispute."

ART. 19. In any case, and particularly if the question on which the parties differ arises out of acts already committed or on the point of commission, the Conciliation Commission or, if the latter has not been notified thereof, the arbitral tribunal or the Permanent Court of International Justice, acting in accordance with Art. 41 of its Statute,^l shall lay down within the shortest possible time the provisional measures to be adopted. It shall similarly be the duty of the Council of the League of Nations, if the question is brought before it, to insure that suitable provisional measures are taken. The German and Belgian Governments undertake respectively to accept such measures, to abstain from all measures likely to have a repercussion prejudicial to the execution of the decision or to the arrangements proposed by the Conciliation Commission or by the Council of the League of Nations, and in general to abstain from any sort of action whatsoever which may aggravate or extend the dispute.

ART. 20. The present convention continues applicable as between Germany and Belgium, even when other powers are also interested in the dispute.

ART. 21. The present convention shall be ratified. Ratifications shall be deposited at Geneva with the League of Nations at the same time as the ratifications of the treaty concluded this day between Germany, Belgium, France, Great Britain and Italy.

It shall enter into and remain in force under the same conditions as the said treaty.

The present convention, done in a single copy, shall be deposited in the archives of the League of Nations, the Secretary-General of which shall be requested to transmit certified copies to each of the two contracting Governments.

Done at Locarno, October 16, 1925.

STR|esemann].
E[mile] V[andervelde].

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1. The article reads:
"The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to reserve the respective rights of either party. "Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and the Council."

ANNEX C. Arbitration Convention Between Germany and France

Initialed at Locarno, October 16, 1925; signed at London, December 1, 1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with the Secretariat, League of Nations, by Germany, France, September 14, 1926; entered into force, September 14, 1926; registered at the League of Nations, September 14, 1926.

[Translation.l

The undersigned duly authorized,

Charged by their respective Governments to determine the methods by which, as provided in Art. 3 of the treaty concluded this day between Germany, Belgium, France, Great Britain and Italy, a peaceful solution shall be attained of all questions which can not be settled amicably between Germany and France.

Have agreed as follows:

[Arts 1-21, mutatis mutandis, correspond word for word with the text of the arbitration convention between Germany and Belgium, Annex B.]

The present convention, done in a single copy, shall be deposited in the archives of the League of Nations, the Secretary-General of which shall be requested to transmit certified copies to each of the two contracting Governments.

Done at Locarno, October 16, 1925.

STR[esemann] .
A. B[riand] .

ANNEX D.

Arbitration Treaty Between Germany and Poland.

Initialed at Locarno, October 16, 1925; signed at London, December 1, 1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with Secretariat, League of Nations, by Germany, Poland, September 14, 1926; entered into force, September 14, 1926; registered at the League of Nations, September 14, 1926.

[Translation.]

The President of the German Empire and the President of the Polish Republic;

Equally resolved to maintain peace between Germany and Poland by assuring the peaceful settlement of differences which might arise between the two countries;

Declaring that respect for the rights established by treaty or resulting from the law of nations is obligatory for international tribunals;

Agreeing to recognize that the rights of a state can not be modified save with its consent;

And considering that sincere observance of the methods of peaceful settlement of international disputes permits of resolving without recourse to force questions which may become the cause of division between states;

Have decided to embody in a treaty their common intentions in this respect, and have named as their plenipotentiaries the following:

Who, having exchanged their full powers, found in good and due form, are agreed upon the following articles:

PART I.

Article I. All disputes of every kind between Germany and Poland with regard to which the parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy, shall be submitted for decision either to an arbitral tribunal or to the Permanent Court of International Justice, as laid down hereafter. It is agreed that the disputes referred to above include in particular those mentioned in Art. 13 of the Covenant of the League of Nations.^l

This provision does not apply to disputes arising out of events prior to the present treaty and belonging to the past.

Disputes for the settlement of which a special procedure is laid down in other conventions in force between the High Contracting Parties shall be settled in conformity with the provisions of those conventions.

ART. 2. Before any resort is made to arbitral procedure or to procedure before the Permanent Court of International Justice, the dispute may, by agreement between the parties, be submitted with a view to amicable settlement, to a permanent international commission, styled the Permanent Conciliation Commission, constituted in accordance with the present treaty.

--------------------------------
1: The second paragraph of Art. 13 reads:

"Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which, if established, would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement."

ART. 3. In the case of a dispute the occasion of which, according to the municipal law of one of the parties, falls within the competence of the national courts of such party, the matter in dispute shall not be submitted to the procedure laid down in the present treaty until a judgment with final effect has been pronounced, within a reasonable time, by the competent national judicial authority.

ART. 4. The Permanent Conciliation Commission mentioned in Art. 2 shall be composed of five members, who shall be appointed as follows, that is to say: The High Contracting Parties shall each nominate a commissioner chosen from among their respective nationals, and shall appoint, by common agreement, the three other commissioners from among the nationals of third powers; those three commissioners must be of different nationalities, and the High Contracting Parties shall appoint the president of the commission from among them.

The commissioners are appointed for three years, and their mandate is renewable. Their appointment shall continue until their replacement, and in any case until the termination of the work in hand at the moment of the expiry of their mandate.

Vacancies which may occur as a result of death, resignation or any other cause shall be filled within the shortest possible time in the manner fixed for the nominations.

ART. 5. The Permanent Conciliation Commission shall be constituted within three months from the entry into force of the present convention.

If the nomination of the commissioners to be appointed by common agreement should not have taken place within the said period, or, in the case of the filling of a vacancy, within three months from the time when the seat falls vacant, the President of the Swiss Confederation shall, in the absence of other agreement, be requested to make the necessary appointments.

ART. 6. The Permanent Conciliation Commission shall be informed by means of a request addressed to the president by the two parties acting in agreement, or, in the absence of such agreement, by one or other of the parties.

The request, after having given a summary account of the subject of the dispute, shall contain the invitation to the commission to take all necessary measures with a view to arrive at an amicable settlement. If the request emanates from only one of the parties, notification thereof shall be made without delay to the other party.

ART. 7. Within 15 days from the date when one of the High Contracting Parties shall have brought a dispute before the Permanent Conciliation Commission, either party may, for the examination of the particular dispute, replace its commissioner by a person possessing special competence in the matter.

The party making use of this right shall immediately inform the other party; the latter shall in that case be entitled to take similar action within 15 days from the date when the notification reaches it.

ART. 8. The task of the Permanent Conciliation Commission shall be to elucidate questions in dispute, to collect with that object all necessary information by means of inquiry or otherwise, and to endeavor to bring the parties to an agreement. It may, after the case has been examined, inform the parties of the terms of settlement which seem suitable to it, and lay down a period within which they are to make their decision

At the close of its labors the commission shall draw up a report stating as the case may be, either that the parties have come to an agreement and, if need arises, the terms of the agreement, or that it has been impossible to effect a settlement.

The labors of the commission must, unless the parties otherwise agree be terminated within six months from the day on which the commission shall have been notified of the dispute.

ART. 9. Failing any special provision to the contrary, the Permanent Conciliation Commission shall lay down its own procedure, which in any case must provide for both parties being heard. In regard to inquiries, the commission, unless it decides unanimously to the contrary, shall act in accordance with the provisions of Chap. 3 (International Commissions of Inquiry) of the Hague convention of October 18, 1907, for the pacific settlement of international disputes.^l

ART. 10. The Permanent Conciliation Commission shall meet, in the absence of agreement by the parties to the contrary, at a place selected by its president.

ART. 11. The labors of the Permanent Conciliation Commission are not public except when a decision to that effect has been taken by the commission with the consent of the parties.

ART. 12. The parties shall be represented before the Permanent Conciliation Commission by agents, whose duty it shall be to act as intermediary between them and the commission; they may, moreover, be assisted by counsel and experts appointed by them for that purpose and request that all persons whose evidence appears to them useful should be heard. The commission on its side shall be entitled to request oral explanations from the agents, counsel and experts of the two parties as well as from all persons it may think useful to summon with the consent of their Government.

ART. 13. Unless otherwise provided in the present treaty the decisions of the Permanent Conciliation Commission shall be taken by a majority.

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l: The chapter referred to is reprinted in "Protocol of Arbitration, Security and Disarmament," Part II, this Series, Vol. VII, No. 8, p. 461. Arts. 10-36 of the chapter define procedure.

ART. 14. The High Contracting Parties undertake to facilitate the labors of the Permanent Conciliation Commission, and particularly to supply it to the greatest possible extent with all relevant documents and information, as well as to use the means at their disposal to allow it to proceed in their territory and in accordance with their law to the summoning and hearing of witnesses or experts, and to visit the localities in question.

ART. 15. During the labors of the Permanent Conciliation Commission each Commissioner shall receive salary, the amount of which shall be fixed by agreement between the High Contracting Parties, each of which shall contribute an equal share.

ART. 16. In the event of no amicable agreement being reached before the Permanent Conciliation Commission, the dispute shall be submitted by means of a special agreement either to the Permanent Court of International Justice under the conditions and according to the procedure laid down by its Statute^l or to an arbitral tribunal under the conditions and according to the procedure laid down by the Hague convention of October 18, 1907, for the pacific settlement of international disputes.²

If the parties can not agree on the terms of the special agreement after a month's notice, one or other of them may bring the dispute before the Permanent Court of International Justice by means of an application.

PART II.

ART. 17. All questions on which the German and Polish Governments shall differ without being able to reach an amicable solution by means of the normal methods of diplomacy the settlement of which can not be attained by means of a judicial decision as provided in Art. 1 of the present treaty, and for the settlement of which no procedure has been laid down by other conventions in force between the parties shall be submitted to the Permanent Conciliation Commission, whose duty it shall be to propose to the parties an acceptable solution and in any case to present a report.

The procedure laid down in Arts. 6-15 of the present treaty shall be applicable.

ART. 18. If the two parties have not reached an agreement within a month from the termination of the labors of the Permanent Conciliation Commission, the question shall, at the request of either party, be brought before the Council of the League of Nations, which shall deal with it in accordance with Art. 15 of the Covenant of the League.

-------------------------
1: See "America and the Permanent Court of International Justice," this Series, Vol. V, No. 5, p. 364.

2: The procedure is set forth in Arts. 51-85 of the convention, this Series, Vol. VII, No. 8, p. 470.

General Provisions.

ART. 19. In any case, and particularly if the question on which the parties differ arises out of acts already committed or on the point of commission, the Conciliation Commission or, if the latter has not been notified thereof, the arbitral tribunal or the Permanent Court of International Justice, acting in accordance with Art. 41 of its Statute,¹ shall lay down within the shortest possible time the provisional measures to be adopted. It shall similarly be the duty of the Council of the League of Nations, if the question is brought before it, to insure that suitable provisional measures are taken. The High Contracting Parties undertake respectively to accept such measures, to abstain from all measures likely to have a repercussion prejudicial to the execution of the decision or to the arrangements proposed by the Conciliation Commission or by the Council of the League of Nations, and in general to abstain from any sort of action whatsoever which may aggravate or extend the dispute.

ART. 20. The present treaty continues applicable as between the High Contracting Parties even when other powers are also interested in the dispute.

ART. 21. The present treaty, which is in conformity with the Covenant of the League of Nations, shall not in any way affect the rights and obligations of the High Contracting Parties as Members of the League of Nations and shall not be interpreted as restricting the duty of the League to take whatever action may be deemed wise and effectual to safeguard the peace of the world.

ART. 22. The present treaty shall be ratified. Ratifications shall be deposited at Geneva with the League of Nations at the same time as the ratifications of the treaty concluded this day between Germany, Belgium, France, Great Britain and Italy.

It shall enter into and remain in force under the same conditions as the said treaty.

The present treaty, done in a single copy, shall be deposited in the archives of the League of Nations, the Secretary-General of which shall be requested to transmit certified copies to each of the High Contracting Parties.

Done at Locarno, October 16, 1925.

STR[esemann].
A. S[krzynski].

-----------------------------------
1: The article reads:

"The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to reserve the respective rights of either party.

"Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and the Council."

ANNEX E.

Arbitration Treaty Between Germany and Czechoslovakia. Initialed at Locarno, October 16,1925; signed at London, December 1, 1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with Secretariat, League of Nations, by Germany, Czechoslovakia, September 14,1926; entered into force, September 14,1926; registered at the League of Nations, September 14,1926.

[Translation.]

The President of the German Empire and the President of the Czechoslovak Republic;

Equally resolved to maintain peace between Germany and Czechoslovakia by assuring the peaceful settlement of differences which might arise between the two countries;

Declaring that respect for the rights established by treaty or resulting from the law of nations is obligatory for international tribunals;

Agreeing to recognize that the rights of a state can not be modified save with its consent;

And considering that sincere observance of the methods of peaceful settlement of international disputes permits of resolving, without recourse to force, questions which may become the cause of division between states;

Have decided to embody in a treaty their common intentions in this respect, and have named as their plenipotentiaries, the following:

Who, having exchanged their full powers, found in good and due form, are agreed upon the following articles:

[Arts. 1-22, mutatis mutandis, correspond word for word with the text of the arbitration convention between Germany and Poland, Annex D.]

The present treaty, done in a single copy, shall be deposited in the archives of the League of Nations, the Secretary-General of which shall be requested to transmit certified copies to each of the High Contracting Parties.

Done at Locarno, October 16, 1926.

STR[esemann].
DR. B[enes].

ANNEX F.

Collective Note to Germany Regarding Article 16 of the Covenant of the League of Nations.

Initialed in draft at Locarno, October 16,1925; handed to the German representative at London, December 1,1925.

[Translation.]

The German delegation has requested certain explanations in regard to Art. 16 of the Covenant of the League of Nations.

We are not in a position to speak in the name of the League, but in view of the discussions which have already taken place in the Assembly and in the commissions of the League of Nations, and after the explanations which have been exchanged between ourselves, we do not hesitate to inform you of the interpretation which, in so far as we are concerned, we place upon Art. 16.

In accordance with that interpretation the obligations resulting from the said article on the Members of the League must be understood to mean that each state Member of the League is bound to cooperate loyally and effectively in support of the Covenant and in resistance to any act of aggression to an extent which is compatible with its military situation and takes its geographical position into account.^l

E[mile] V[andervelde].
A. B[riand].
A[usten] C[hamberlain].
DR. B[enes].
A. S[krzynski].
B. M.²
V. SCIALOJA.

-----------------------------
1: This paragraph from "cooperate loyally" to the end is a textual repetition of Art. 11, par. 2, of the protocol for the pacific settlement of international disputes opened for signature at Geneva, October 2,1924.

2: Benito Mussolini initialed at Locarno, but did not sign at London.

NO. 2.

Treaty Between France and Poland.

lnitialed at Locarno, October 16,1925; signed at London, December 1 1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with Secretariat, League of Nations, by France, Poland, September 14,1926; entered into force, September 14, 1926; registered at the League of Nations, September 14,1926.

[Translation.]

The President of the French Republic and the President of the Polish Republic;

Equally desirous to see Europe spared from war by a sincere observance of the undertakings arrived at this day with a view to the maintenance of general peace;

Have resolved to guarantee their benefits to each other reciprocally by a treaty concluded within the framework of the Covenant of the League of Nations and of the treaties existing between them;

And have to this effect nominated for their plenipotentiaries:

Who, after having exchanged their full powers, found in good and due form, have agreed on the following provisions:

ART. 1. In the event of Poland or France suffering from a failure to observe the undertakings arrived at this day between them and Germany with a view to the maintenance of general peace, France, and reciprocally Poland, acting in application of Art. 16 of the Covenant of the League of Nations, undertake to lend each other immediately aid and assistance, if such a failure is accompanied by an unprovoked recourse to arms.

In the event of the Council of the League of Nations, when dealing with a question brought before it in accordance with the said undertakings, being unable to succeed in making its report accepted by all its Members other than the representatives of the parties to the dispute, and in the event of Poland or France being attacked without provocation, France, or reciprocally Poland, acting in application of Art. 15, par. 7, of the Covenant of the League of Nations, will immediately lend aid and assistance.

ART. 2. Nothing in the present treaty shall affect the rights and obligations of the High Contracting Parties as Members of the League of Nations, or shall be interpreted as restricting the duty of the League to take whatever action may be deemed wise and effectual to safeguard the peace of the world .

ART. 3. The present treaty shall be registered with the League of Nations, in accordance with the Covenant.

ART. 4. The present treaty shall be ratified. The ratifications will be deposited at Geneva with the League of Nations at the same time as the ratification of the treaty concluded this day between Germany, Belgium, France, Great Britain and Italy, and the ratification of the treaty concluded at the same time between Germany and Poland.

It will enter into force and remain in force under the same conditions as the said treaties.

The present treaty done in a single copy will be deposited in the archives of the League of Nations, and the Secretary-General of the League will be requested to transmit certified copies to each of the High Contracting Parties.

Done at Locarno, October 16, 1925.

A. B[riand]. Al. S[krzynski].

No. 3.

Treaty Between France and Czechoslovakia.

Initialed at Locarno, October 16, 1925; signed at London, December 1,1925; deposited with the Secretariat of the League of Nations, December 14, 1925; ratifications deposited with Secretariat, League of Nations, by France, Czechoslovakia, September 14, 1926; entered into force, September 14,1926; registered at the League of Nations, September 14,1926.

[Translation.]

The President of the French Republic and the President of the Czechoslovak Republic;

Equally desirous to see Europe spared from war by a sincere observance of the undertakings arrived at this day with a view to the maintenance of general peace;

Have resolved to guarantee their benefits to each other reciprocally by a treaty concluded within the framework of the Covenant of the League of Nations and of the treaties existing between them;

And have to this effect, nominated for their plenipotentiaries:

Who, after having exchanged their full powers, found in good and due form, have agreed on the following provisions:

[Arts. 14, mutatis mutandis, correspond word for word with the text of the preceding treaty between France and Poland, No. 13].

The present treaty done in a single copy will be deposited in the archives of the League of Nations, and the Secretary-General of the League will be requested to transmit certified copies to each of the High Contracting Parties.

Done at Locarno, October 16, 1925.

A. B[riand].
DR. E. B[enes].