Difference between revisions of "Treaty of Lausanne"
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<font size=+1>Treaty of Peace with Turkey Signed at Lausanne, July 24, 1923 | <font size=+1>Treaty of Peace with Turkey Signed at Lausanne, July 24, 1923 | ||
− | From: <i>The Treaties of Peace 1919-1923, Vol. II</i> (New York:Carnegie Endowment for International Peace, 1924.)</font> | + | From: <i>The Treaties of Peace 1919-1923, Vol. II</i> (New York: Carnegie Endowment for International Peace, 1924.)</font> |
<hr> | <hr> | ||
− | Go to [http://www.lib.byu.edu/estu/wwi/maps/lausmap.gif Map of the Treaty Area.] (42k) | + | Go to [http://www.lib.byu.edu/estu/wwi/maps/lausmap.gif Map of the Treaty Area.] (42k)<br> |
Go to [http://www.lib.byu.edu/estu/wwi/maps/arab.gif Map of the Mandate Areas of Arabia] (42k) | Go to [http://www.lib.byu.edu/estu/wwi/maps/arab.gif Map of the Mandate Areas of Arabia] (42k) | ||
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<hr> | <hr> | ||
− | <center>TREATY OF PEACE WITH TURKEY SIGNED AT LAUSANNE | + | <center>TREATY OF PEACE WITH TURKEY SIGNED AT LAUSANNE |
− | JULY 24, 1923 | + | JULY 24, 1923 |
THE CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER INSTRUMENTS SIGNED AT LAUSANNE</center> | THE CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER INSTRUMENTS SIGNED AT LAUSANNE</center> | ||
− | |||
− | of the one part, | + | THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the SERB-CROAT-SLOVENE STATE, |
+ | |||
+ | of the one part, | ||
and TURKEY, | and TURKEY, | ||
− | |||
− | of the other part; Being united in the desire to bring to a final close the state of war which has existed in the East since 1914, | + | of the other part; Being united in the desire to bring to a final |
+ | close the state of war which has existed in the East since 1914, | ||
− | Being anxious to re-establish the relations of friendship and commerce which are essential to the mutual well-being of their respective peoples, | + | Being anxious to re-establish the relations of friendship and commerce |
+ | which are essential to the mutual well-being of their respective | ||
+ | peoples, | ||
− | And considering that these relations must be based on respect for the independence and sovereignty of States, | + | And considering that these relations must be based on respect for the |
+ | independence and sovereignty of States, | ||
− | Have decided to conclude a Treaty for this purpose, and have appointed as their Plenipotentiaries: | + | Have decided to conclude a Treaty for this purpose, and have appointed |
+ | as their Plenipotentiaries: | ||
− | 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 THE UNITED KINGDOM OF GREAT BRITAIN AND |
− | The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople | + | IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF |
− | + | INDIA:<br> | |
− | + | The Right Honourable Sir Horace George Montagu Rumbold, Baronet, | |
− | + | G.C.M.G., High Commissioner at Constantinople; | |
− | |||
− | |||
− | |||
− | + | THE PRESIDENT OF THE FRENCH REPUBLIC:<br> | |
− | + | General Maurice Pelle, Ambassador of France, High Com missioner of the | |
− | + | Republic in the East, Grand Officer of the National Order of the | |
− | + | Legion of Honour; | |
− | |||
− | HIS MAJESTY THE KING OF | + | HIS MAJESTY THE KING OF ITALY:<br> |
− | + | The Honourable Marquis Camillo Garroni, Senator of the Kingdom, | |
− | + | Ambassador of Italy, High Commissioner at Constantinople, Grand Cross | |
− | + | of the Orders of Saints Maurice and Lazarus, and of the Crown of Italy; | |
− | |||
− | + | M. Giulio Cesare Montagna, Envoy Extraordinary and Minister | |
− | + | Plenipotentiary at Athens, Commander of the Orders of Saints Maurice | |
− | + | and Lazarus, Grand Officer of the Crown of Italy; | |
− | |||
− | |||
− | + | HIS MAJESTY THE EMPEROR OF JAPAN:<br> | |
+ | Mr. Kentaro Otchiai, Jusammi, First Class of the Order of the Rising | ||
+ | Sun, Ambassador Extraordinary and Plenipotentiary at Rome; | ||
+ | HIS MAJESTY THE KING OF THE HELLENES:<br> | ||
+ | M. Eleftherios K. Veniselos, formerly President of the Council of | ||
+ | Ministers, Grand Cross of the Order of the Saviour; | ||
+ | M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander | ||
+ | of the Order of the Saviour; | ||
+ | HIS MAJESTY THE KING OF ROUMANIA:<br> | ||
+ | M. Constantine I. Diamandy, Minister Plenipotentiary; | ||
+ | M. Constantine Contzesco, Minister Plenipotentiary; | ||
+ | HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:<br> | ||
+ | Dr. Miloutine Yovanovitch, Envoy Extraordinary and Minister | ||
+ | Plenipotentiary at Berne; | ||
+ | THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY: | ||
+ | Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople; | ||
+ | Dr. Riza Nour Bey, Minister for Health and for Public Assistance, | ||
+ | Deputy for Sinope; | ||
+ | Hassan Bey, formerly Minister, Deputy for Trebizond; | ||
+ | Who, having produced their full powers, found in good and due orm, | ||
+ | have agreed as follows: | ||
+ | PART I.<br> | ||
+ | POLITICAL CLAUSES.<br> | ||
+ | ARTICLE I.<br> | ||
+ | From the coming into force of the present Treaty, the state of peace | ||
+ | will be definitely re-established between the British Empire, France, | ||
+ | Italy, Japan, Greece, Roumania and the Serb-Croat-Slovene State of the | ||
+ | one part, and Turkey of the other part, as well as between their | ||
+ | respective nationals. Official relations will be resumed on both sides | ||
+ | and, in the respective territories, diplomatic and consular | ||
+ | representatives will receive, without prejudice to such agreements as | ||
+ | may be concluded in the future, treatment in accordance with the | ||
+ | general principles of international law. | ||
+ | SECTION I.<br> | ||
+ | I. TERRITORIAL CLAUSES.<br> | ||
+ | ARTICLE 2.<br> | ||
− | + | From the Black Sea to the Aegean the frontier of Turkey is laid | |
+ | down as follows: (I) With Bulgaria: | ||
+ | From the mouth of the River Rezvaya, to the River Maritza, the point | ||
+ | of junction of the three frontiers of Turkey, Bulgaria and Greece: | ||
− | + | the southern frontier of Bulgaria as at present demarcated; | |
+ | (2) With Greece: | ||
+ | Thence to the confluence of the Arda and the Marilza: | ||
+ | the course of the Maritza; | ||
+ | then upstream along the Arda, up to a point on that river to be | ||
+ | determined on the spot in the immediate neighbourhood of the village | ||
+ | of Tchorek-Keuy: | ||
+ | the course of the Arda; | ||
+ | thence in a south-easterly direction up to a point on the Maritza, 1 | ||
+ | kilom. below Bosna-Keuy: | ||
+ | a roughly straight line leaving in Turkish territory the village of | ||
+ | Bosna-Keuy. The village of Tchorek-Keuy shall be assigned to Greece or | ||
+ | to Turkey according as the majority of the population shall be found | ||
+ | to be Greek or Turkish by the Commission for which provision is made | ||
+ | in Article 5, the population which has migrated into this village | ||
+ | after the 11th October, 1922, not being taken into account; | ||
+ | thence to the Aegean Sea: | ||
+ | the course of the Maritza. | ||
+ | ARTICLE 3. | ||
+ | From the Mediterranean to the frontier of Persia, the frontier of | ||
+ | Turkey is laid down as follows: | ||
+ | (I ) With Syria: | ||
+ | The frontier described in Article 8 of the Franco-Turkish Agreement of | ||
+ | the 20th October, 1921 | ||
+ | (2) With Iraq: | ||
+ | The frontier between Turkey and Iraq shall be laid down in friendly | ||
+ | arrangement to be concluded between Turkey and Great Britain within | ||
+ | nine months. | ||
− | + | In the event of no agreement being reached between the two Governments | |
+ | within the time mentioned, the dispute shall be referred to the | ||
+ | Council of the League of Nations. | ||
+ | The Turkish and British Governments reciprocally undertake that, | ||
+ | pending the decision to be reached on the subject of the frontier, no | ||
+ | military or other movement shall take place which might modify in any | ||
+ | way the present state of the territories of which the final fate will | ||
+ | depend upon that decision. | ||
+ | ARTICLE 4. | ||
+ | The frontiers described by the present Treaty are traced on the | ||
+ | one-in-a-million maps attached to the present Treaty. In case of | ||
+ | divergence between the text and the map, the text will prevail. [See | ||
+ | Introduction.] | ||
+ | ARTICLE 5. | ||
+ | A Boundary Commission will be appointed to trace on the ground the | ||
+ | frontier defined in Article 2 (2). This Commission will be composed of | ||
+ | representatives of Greece and of Turkey, each Power appointing one | ||
+ | representative, and a president chosen by them from the nationals of a | ||
+ | third Power. | ||
+ | They shall endeavour in all cases to follow as nearly as possible the | ||
+ | descriptions given in the present Treaty, taking into account as far | ||
+ | as possible administrative boundaries and local economic interests. | ||
+ | The decision of the Commission will be taken by a majority and shall | ||
+ | be binding on the parties concerned. | ||
+ | The expenses of the Commission shall be borne in equal shares by the | ||
+ | parties concerned. | ||
+ | ARTICLE 6. | ||
+ | In so far as concerns frontiers defined by a waterway as distinct from | ||
+ | its banks, the phrases "course" or "channel" used in the descriptions | ||
+ | of the present Treaty signify, as regards non-navigable rivers, the | ||
+ | median line of the waterway or of its principal branch, and, as | ||
+ | regards navigable rivers, the median line of the principal channel of | ||
+ | navigation. It will rest with the Boundary Commission to specify | ||
+ | whether the frontier line shall follow any changes of the course or | ||
+ | channel which may take place, or whether it shall be definitely fixed | ||
+ | by the position of the course or channel at the time when the present | ||
+ | Treaty comes into force. | ||
+ | In the absence of provisions to the contrary, in the present Treaty, | ||
+ | islands and islets Iying within three miles of the coast are included | ||
+ | within the frontier of the coastal State. | ||
− | + | ARTICLE 7. | |
+ | The- various States concerned undertake to furnish to the Boundary | ||
+ | Commission all documents necessary for its task, especially authentic | ||
+ | copies of agreements fixing existing or old frontiers, all large scale | ||
+ | maps in existence, geodetic data, surveys completed but unpublished, | ||
+ | and information concerning the changes of frontier watercourses. The | ||
+ | maps, geodetic data, and surveys, even if unpublished, which are in | ||
+ | the possession of the Turkish authorities, must be delivered at | ||
+ | Constantinople with the least possible delay from the coming into | ||
+ | force of the present Treaty to the President of the Commission. | ||
− | + | The States concerned also undertake to instruct the local authorities | |
+ | to communicate to the Commission all documents, especially plans, | ||
+ | cadastral and land books, and to furnish on demand all details | ||
+ | regarding property, existing economic conditions and other necessary | ||
+ | information. | ||
+ | ARTICLE 8. | ||
− | + | The various States interested undertake to give every assistance to | |
+ | the Boundary Commission, whether directly or through local | ||
+ | authorities, in everything that concerns transport, accommodation, | ||
+ | labour, materials (sign posts, boundary pillars) necessary for the | ||
+ | accomplishment of its mission. | ||
+ | In particular, the Turkish Government undertakes to furnish, if | ||
+ | required, the technical personnel necessary to assist the Boundary | ||
+ | Commission in the accomplishment of its duties. | ||
− | + | ARTICLE 9. | |
+ | The various States interested undertake to safeguard the | ||
+ | trigonometrical points, signals, posts or frontier marks erected by | ||
+ | the Commission. | ||
− | + | ARTICLE 10. | |
+ | The pillars will be placed so as to be intervisible. They will be | ||
+ | numbered, and their position and their number will be noted on a | ||
+ | cartographic document. | ||
− | + | ARTICLE 11. | |
+ | The protocols defining the boundary and the maps and documents | ||
+ | attached thereto will be made out in triplicate, of which two copies | ||
+ | will be forwarded to the Governments of the limitrophe States, and the | ||
+ | third to the Government of the French Republic, which will deliver | ||
+ | authentic copies to the Powers who sign the present Treaty. | ||
− | + | ARTICLE 12. | |
+ | The decision taken on the 13th February, 1914, by the Conference of | ||
+ | London, in virtue of Articles 5 of the Treaty of London of the | ||
+ | 17th-30th May, 1913, and 15 of the Treaty of Athens of the 1st-14th | ||
+ | November, 1913, which decision was communicated to the Greek | ||
+ | Government on the 13th February, 1914, regarding the sovereignty of | ||
+ | Greece over the islands of the Eastern Mediterranean, other than the | ||
+ | islands of Imbros, Tenedos and Rabbit Islands, particularly the | ||
+ | islands of Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is | ||
+ | confirmed, subject to the provisions of the present Treaty respecting | ||
+ | the islands placed under the sovereigntyof Italy which form the | ||
+ | subject of Article 15. | ||
− | + | Except where a provision to the contrary is contained in the present | |
+ | Treaty, the islands situated at less than three miles from the Asiatic | ||
+ | coast remain under Turkish sovereignty. | ||
+ | ARTICLE 13. | ||
+ | With a view to ensuring the maintenance of peace, the Greek Government | ||
+ | undertakes to observe the following restrictions in the islands of | ||
+ | Mytilene, Chios, Samos and Nikaria: | ||
+ | (I) No naval base and no fortification will be established in the said | ||
+ | islands. | ||
+ | (2) Greek military aircraft will be forbidden to fly over the | ||
+ | territory of the Anatolian coast. Reciprocally, the Turkish Government | ||
+ | will forbid their military aircraft to fly over the said islands. | ||
+ | (3) The Greek military forces in the said islands will be limited to | ||
+ | the normal contingent called up for military service, which can be | ||
+ | trained on the spot, as well as to a force of gendarmerie and police | ||
+ | in proportion to the force of gendarmerie and police existing in the | ||
+ | whole of the Greek territory. | ||
+ | ARTICLE 14. | ||
+ | The islands of Imbros and Tenedos, remaining under Turkish | ||
+ | sovereignty, shall enjoy a special administrative organisation | ||
+ | composed of local elements and furnishing every guarantee for the | ||
+ | native non-Moslem population in so far as concerns local | ||
+ | administration and the protection of persons and property. The | ||
+ | maintenance of order will be assured therein by a police force | ||
+ | recruited from amongst the local population by the local | ||
+ | administration above provided for and placed under its orders. | ||
+ | The agreements which have been, or may be, concluded between Greece | ||
+ | and Turkey relating to the exchange of the Greek and Turkish | ||
+ | populations will not be applied to the inhabitants of the islands of | ||
+ | Imbros and Tenedos. | ||
+ | ARTICLE 15. | ||
+ | Turkey renounces in favour of Italy all rights and title over the | ||
+ | following islands: Stampalia (Astrapalia), Rhodes (Rhodos), Calki | ||
+ | (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos), Misiros | ||
+ | (Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi | ||
+ | (Symi), and Cos (Kos), which are now occupied by Italy, and the islets | ||
+ | dependent thereon, and also over the island of Castellorizzo. | ||
− | + | ARTICLE I6. | |
+ | Turkey hereby renounces all rights and title whatsoever over or | ||
+ | respecting the territories situated outside the frontiers laid down in | ||
+ | the present Treaty and the islands other than those over which her | ||
+ | sovereignty is recognised by the said Treaty, the future of these | ||
+ | territories and islands being settled or to be settled by the parties | ||
+ | concerned. | ||
− | + | The provisions of the present Article do not prejudice any special | |
+ | arrangements arising from neighbourly relations which have been or may | ||
+ | be concluded between Turkey and any limitrophe countries. | ||
+ | ARTICLE 17. | ||
+ | The renunciation by Turkey of all rights and titles over Egypt and | ||
+ | over the Soudan will take effect as from the 5th November, 1914. | ||
+ | ARTICLE 18. | ||
+ | Turkey is released from all undertakings and obligations in regard to | ||
+ | the Ottoman loans guaranteed on the Egyptian tribute, that is to say, | ||
+ | the loans of 1855, 1891 and 1894. The annual payments made by Egypt | ||
+ | for the service of these loans now forming part of the service of the | ||
+ | Egyptian Public Debt, Egypt is freed from all other obligations | ||
+ | relating to the Ottoman Public Debt. | ||
+ | ARTICLE 19. | ||
+ | Any questions arising from the recognition of the State of Egypt shall | ||
+ | be settled by agreements to be negotiated subsequently in a manner to | ||
+ | be determined later between the Powers concerned. The provisions of | ||
+ | the present Treaty relating to territories detached from Turkey under | ||
+ | the said Treaty will not apply to Egypt. | ||
+ | ARTICLE 20. | ||
+ | Turkey hereby recognises the annexation of Cyprus proclaimed by the | ||
+ | British Government on the sth November, 1914. | ||
− | + | ARTICLE 2I . | |
+ | Turkish nationals ordinarily resident in Cyprus on the 5th November, | ||
+ | 1914, will acquire British nationality subject to the conditions laid | ||
+ | down in the local law, and will thereupon lose their Turkish | ||
+ | nationality. They will, however, have the right to opt for Turkish | ||
+ | nationality within two years from the coming into force of the present | ||
+ | Treaty, provided that they leave Cyprus within twelve months after | ||
+ | having so opted. | ||
+ | Turkish nationals ordinarily resident in Cyprus on the coming into | ||
+ | force of the present Treaty who, at that date, have acquired or are in | ||
+ | process of acquiring British nationality in consequence of a request | ||
+ | made in accordance with the local law, will also thereupon lose their | ||
+ | Turkish nationality. | ||
+ | It is understood that the Government of Cyprus will be entitled to | ||
+ | refuse British nationality to inhabitants of the island who, being | ||
+ | Turkish nationals, had formerly acquired another nationality without | ||
+ | the consent of the Turkish Government. | ||
+ | ARTICLE 22. | ||
+ | Without prejudice to the general stipulations of Article 27, Turkey | ||
+ | hereby recognises the definite abolition of all rights and privileges | ||
+ | whatsoever which she enjoyed in Libya under the Treaty of Lausanne of | ||
+ | the 18th October, 1912, and the instruments connected therewith. | ||
+ | 2. SPECIAL PROVISIONS. ARTICLE 23. | ||
+ | The High Contracting Parties are agreed to recognise and declare the | ||
+ | principle of freedom of transit and of navigation, by sea and by air, | ||
+ | in time of peace as in time of war, in the strait of the Dardanelles, | ||
+ | the Sea of Marmora and the Bosphorus, as prescribed in the separate | ||
+ | Convention signed this day, regarding the regime of the Straits. This | ||
+ | Convention will have the same force and effect in so far as the | ||
+ | present High Contracting Parties are concerned as if it formed part of | ||
+ | the present Treaty. | ||
+ | ARTICLE 24. | ||
+ | The separate Convention signed this day respecting the regime for the | ||
+ | frontier described in Article 2 of the present Treaty will have equal | ||
+ | force and effect in so far as the present High Contracting Parties are | ||
+ | concerned as if it formed part of the present Treaty. | ||
+ | ARTICLE 25. | ||
+ | Turkey undertakes to recognise the full force of the Treaties of Peace | ||
+ | and additional Conventions concluded by the other Contracting Powers | ||
+ | with the Powers who fought on the side of Turkey, and to recognise | ||
+ | whatever dispositions have been or may be made concerning the | ||
+ | territories of the former German Empire, of Austria, of Hungary and of | ||
+ | Bulgaria, and to recognise the new States within their frontiers as | ||
+ | there laid down. | ||
− | + | ARTICLE 26. | |
+ | Turkey hereby recognises and accepts the frontiers of Germany, | ||
+ | Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the | ||
+ | Serb-Croat-Slovene State and the Czechoslovak State, as these | ||
+ | frontiers have been or may be determined by the Treaties referred to | ||
+ | in Article 25 or by any supplementary conventions. | ||
+ | ARTICLE 27. | ||
+ | No power or jurisdiction in political, legislative or administrative | ||
+ | matters shall be exercised outside Turkish territory by the Turkish | ||
+ | Government or authorities, for any reason whatsoever, over the | ||
+ | nationals of a territory placed under the sovereignty or protectorate | ||
+ | of the other Powers signatory of the present Treaty, or over the | ||
+ | nationals of a territory detached from Turkey. | ||
+ | It is understood that the spiritual attributions of the Moslem | ||
+ | religious authorities are in no way infringed. | ||
+ | ARTICLE 28. | ||
+ | Each of the High Contracting Parties hereby accepts, in so far as it | ||
+ | is concerned, the complete abolition of the Capitulations in Turkey in | ||
+ | every respect. | ||
+ | ARTICLE 29. | ||
− | + | Moroccans, who are French nationals ("ressortissants") and Tunisians | |
+ | shall enjoy in Turkey the same treatment in all respects as other | ||
+ | French nationals ("ressortissants"). | ||
+ | Natives ("ressortissants") of Libya shall enjoy in Turkey the same | ||
+ | treatment in all respects as other Italian nationals | ||
+ | ("ressortissants") . | ||
− | + | The stipulations of the present Article in no way prejudge the | |
+ | nationality of persons of Tunisian, Libyan and Moroccan origin | ||
+ | established in Turkey. | ||
+ | Reciprocally, in the territories the inhabitants of which benefit by | ||
+ | the stipulations of the first and second paragraphs of this Article, | ||
+ | Turkish nationals shall benefit by the same treatment as in France and | ||
+ | in Italy respectively. | ||
− | + | The treatment to which merchandise originating in or destined for the | |
+ | territories, the inhabitants of which benefit from the stipulations of | ||
+ | the first paragraph of this Article, shall be subject in Turkey, and, | ||
+ | reciprocally, the treatment to which merchandise originating in or | ||
+ | destined for Turkey shall be subject in the said territories shall be | ||
+ | settled by agreement between the French and Turkish Governments. | ||
+ | SECTION II .<br> | ||
+ | NATIONALITY.<br> | ||
+ | ARTICLE 30.<br> | ||
− | + | Turkish subjects habitually resident in territory which in accordance | |
+ | with the provisions of the present Treaty is detached from Turkey will | ||
+ | become ipsofacto, in the conditions laid down by the local law, | ||
+ | nationals of the State to which such territory is transferred. | ||
+ | ARTICLE 31. | ||
+ | Persons over eighteen years of age, losing their Turkish nationality | ||
+ | and obtaining ipso facto a new nationality under Article 30, shall be | ||
+ | entitled within a period of two years from the coming into force of | ||
+ | the present Treaty to opt for Turkish nationality. | ||
+ | ARTICLE 32. | ||
+ | Persons over eighteen years of age, habitually resident in territory | ||
+ | detached from Turkey in accordance with the present Treaty, and | ||
+ | differing in race from the majority of the population of such | ||
+ | territory shall, within two years from the coming into force of the | ||
+ | present Treaty, be entitled to opt for the nationality of one of the | ||
+ | States in which the majority of the population is of the same race as | ||
+ | the person exercising the right to opt, subject to the consent of that | ||
+ | State. | ||
+ | ARTICLE 33. | ||
+ | Persons who have exercised the right to opt in accordance with the | ||
+ | provisions of Articles 31 and 32 must, within the succeeding twelve | ||
+ | months, transfer their place of residence to the State for which they | ||
+ | have opted. | ||
+ | They will be entitled to retain their immovable property in the | ||
+ | territory of the other State where they had their place of residence | ||
+ | before exercising their right to opt. | ||
− | + | They may carry with them their movable property of every | |
+ | description. No export or import duties may be imposed upon them in | ||
+ | connection with the removal of such property. | ||
+ | ARTICLE 34. | ||
− | + | Subject to any agreements which it may be necessary to conclude | |
+ | between the Governments exercising authority in the countries detached | ||
+ | from Turkey and the Governments of the countries where the persons | ||
+ | concerned are resident, Turkish nationals of over eighteen years of | ||
+ | age who are natives of a territory detached from Turkey under the | ||
+ | present Treaty, and who on its coming into force are habitually | ||
+ | resident abroad, may opt for the nationality of the territory of which | ||
+ | they are natives, if they belong by race to the majority of the | ||
+ | population of that territory, and subject to theconsent of the | ||
+ | Government exercising authority therein. This right of option must be | ||
+ | exercised within two years from the coming into force of the present | ||
+ | Treaty. | ||
+ | ARTICLE 35. | ||
− | + | The Contracting Powers undertake to put no hindrance in the way of the | |
+ | exercise of the right which the persons concerned have under the | ||
+ | present Treaty, or under the Treaties of Peace concluded with Germany, | ||
+ | Austria, Bulgaria or Hungary, or under any Treaty concluded by the | ||
+ | said Powers, other than Turkey, or any of them, with Russia, or | ||
+ | between themselves, to choose any other nationality which may be open | ||
+ | to them. | ||
+ | ARTICLE 36. | ||
+ | For the purposes of the provisions of this Section, the status of a | ||
+ | married woman will be governed by that of her husband, and the status | ||
+ | of children under eighteen years of age by that of their parents. | ||
+ | SECTION III.<br> | ||
+ | PROTECTION OF MINORITIES.<br> | ||
+ | ARTICLE 37.<br> | ||
+ | Turkey undertakes that the stipulations contained in Articles 38 to 44 | ||
+ | shall be recognised as fundamental laws, and that no law, no | ||
+ | regulation, nor official action shall conflict or interfere with these | ||
+ | stipulations, nor shall any law, regulation, nor official action | ||
+ | prevail over them. | ||
+ | ARTICLE 38. | ||
+ | The Turkish Government undertakes to assure full and complete | ||
+ | protection of life and liberty to ali inhabitants of Turkey without | ||
+ | distinction of birth, nationality, language, race or religion. | ||
+ | All inhabitants of Turkey shall be entitled to free exercise, whether | ||
+ | in public or private, of any creed, religion or belief, the observance | ||
+ | of which shall not be incompatible with public order and good morals. | ||
− | + | Non-Moslem minorities will enjoy full freedom of movement and of | |
+ | emigration, subject to the measures applied, on the whole or on part | ||
+ | of the territory, to all Turkish nationals, and which may be taken by | ||
+ | the Turkish Government for national defence, or for the maintenance of | ||
+ | public order. | ||
+ | ARTICLE 39. | ||
+ | Turkish nationals belonging to non-Moslem minorities will enjoy the | ||
+ | same civil and political rights as Moslems. | ||
+ | All the inhabitants of Turkey, without distinction of religion, shall | ||
+ | be equal before the law. | ||
+ | Differences of religion, creed or confession shall not prejudice any | ||
+ | Turkish national in matters relating to the enjoyment of civil or | ||
+ | political rights, as, for instance, admission to public employments, | ||
+ | functions and honours, or the exercise of professions and industries. | ||
+ | No restrictions shall be imposed on the free use by any Turkish | ||
+ | national of any language in private intercourse, in commerce, | ||
+ | religion, in the press, or in publications of any kind or at public | ||
+ | meetings. | ||
+ | Notwithstanding the existence of the official language, adequate | ||
+ | facilities shall be given to Turkish nationals of non-Turkish speech | ||
+ | for the oral use of their own language before the Courts. | ||
+ | ARTICLE 40. | ||
− | + | Turkish nationals belonging to non-Moslem minorities shall enjoy the | |
+ | same treatment and security in law and in fact as other Turkish | ||
+ | nationals. In particular, they shall have an equal right to establish, | ||
+ | manage and control at their own expense, any charitable, religious and | ||
+ | social institutions, any schools and other establishments for | ||
+ | instruction and education, with the right to use their own language | ||
+ | and to exercise their own religion freely therein. | ||
+ | ARTICLE 41. | ||
+ | As regards public instruction, the Turkish Government will grant in | ||
+ | those towns and districts, where a considerable proportion of | ||
+ | non-Moslem nationals are resident, adequate facilities for ensuring | ||
+ | that in the primary schools the instruction shall be given to the | ||
+ | children of such Turkish nationals through the medium of their own | ||
+ | language. This provision will not prevent the Turkish Government from | ||
+ | making the teaching of the Turkish language obligatory in the said | ||
+ | schools. | ||
+ | In towns and districts where there is a considerable proportion of | ||
+ | Turkish nationals belonging to non-Moslem minorities, these minorities | ||
+ | shall be assured an equitable share in the enjoyment and application | ||
+ | of the sums which may be provided out of public funds under the State, | ||
+ | municipal or other budgets for educational, religious, or charitable | ||
+ | purposes. | ||
+ | The sums in question shall be paid to the qualified representatives of | ||
+ | the establishments and institutions concerned. | ||
+ | ARTICLE 42. | ||
+ | The Turkish Government undertakes to take, as regards non-Moslem | ||
+ | minorities, in so far as concerns their family law or personal status, | ||
+ | measures permitting the settlement of these questions in accordance | ||
+ | with the customs of those minorities. | ||
+ | These measures will be elaborated by special Commissions composed of | ||
+ | representatives of the Turkish Government and of representatives of | ||
+ | each of the minorities concerned in equal number. In case of | ||
+ | divergence, the Turkish Government and the Council of the League of | ||
+ | Nations will appoint in agreement an umpire chosen from amongst | ||
+ | European lawyers. | ||
− | + | The Turkish Government undertakes to grant full protection to the | |
+ | churches, synagogues, cemeteries, and other religious establishments | ||
+ | of the above-mentioned minorities. All facilities and authorisation | ||
+ | will be granted to the pious foundations, and to the religious and | ||
+ | charitable institutions of the said minorities at present existing in | ||
+ | Turkey, and the Turkish Government will not refuse, for the formation | ||
+ | of new religious and charitable institu- tions, any of the necessary | ||
+ | facilities which are guaranteed to other private institutions of that | ||
+ | nature. | ||
+ | ARTICLE 43. | ||
+ | Turkish nationals belonging to non-Moslem minorities shall not be | ||
+ | compelled to perform any act which constitutes a violation of their | ||
+ | faith or religious observances, and shall not be placed under any | ||
+ | disability by reason of their refusal to attend Courts of Law or to | ||
+ | perform any legal business on their weekly day of rest. | ||
+ | This provision, however, shall not exempt such Turkish nationals from | ||
+ | such obligations as shall be imposed upon all other Turkish nationals | ||
+ | for the preservation of public order. | ||
+ | ARTICLE 44. | ||
+ | Turkey agrees that, in so far as the preceding Articles of this | ||
+ | Section affect non-Moslem nationals of Turkey, these provisions | ||
+ | constitute obligations of international concern and shall be placed | ||
+ | under the guarantee of the League of Nations. They shall not be | ||
+ | modified without the assent of the majority of the Council of the | ||
+ | League of Nations. The British Empire, France, Italy and Japan hereby | ||
+ | agree not to withhold their assent to any modification in these | ||
+ | Articles which is in due form assented to by a majority of the Council | ||
+ | of the League of Nations. | ||
+ | Turkey agrees that any Member of the Council of the League of Nations | ||
+ | shall have the right to bring to the attention of the Council any | ||
+ | infraction or danger of infraction of any of these obligations, and | ||
+ | that the Council may thereupon take such action and give such | ||
+ | directions as it may deem proper and effective in the circumstances. | ||
+ | Turkey further agrees that any difference of opinion as to questions | ||
+ | of law or of fact arising out of these Articles between the Turkish | ||
+ | Government and any one of the other Signatory Powers or any other | ||
+ | Power, a member of the Council of the League of Nations, shall be held | ||
+ | to be a dispute of an international character under Article 14 of the | ||
+ | Covenant of the League of Nations. The Turkish Government hereby | ||
+ | consents that any such dispute shall, if the other party thereto | ||
+ | demands, be referred to the Permanent Court of International | ||
+ | Justice. The decision of the Permanent Court shall be final and shall | ||
+ | have the same force and effect as an award under Article 13 of the | ||
+ | Covenant. | ||
− | + | ARTICLE 45. | |
+ | The rights conferred by the provisions of the present Section on the | ||
+ | non-Moslem minorities of Turkey will be similarly conferred by Greece | ||
+ | on the Moslem minority in her territory. | ||
+ | PART II.<br> | ||
+ | FINANCIAL CLAUSES.<br> | ||
+ | SECTION I.<br> | ||
+ | OTTOMAN PUBLIC DEBT.<br> | ||
+ | ARTICLE 46.<br> | ||
+ | The Ottoman Public Debt, as defined in the Table annexed to the | ||
+ | present Section, shall be distributed under the conditions laid down | ||
+ | in the present Section between Turkey, the States in favour of which | ||
+ | territory has been detached from the Ottoman Empire after the Balkan | ||
+ | wars of 1912-13, the States to which the islands referred to in | ||
+ | Articles 12 and 15 of the present Treaty and the territory referred to | ||
+ | in the last paragraph of the present Article have been attributed, and | ||
+ | the States newly created in territories in Asia which are detached | ||
+ | from the Ottoman Empire under the present Treaty. All the above St | ||
+ | ates shall also participate, under the conditions laid down in the | ||
+ | present Section, in the annual charges for the service of the Ottoman | ||
+ | Public Debt from the dates referred to in Article 53. | ||
+ | From the dates laid down in Article 53, Turkey shall not be held in | ||
+ | any way whatsoever responsible for the shares of the Debt for which | ||
+ | other States are liable. | ||
+ | For the purpose of the distribution of the Ottoman Public Debt, that | ||
+ | portion of the territory of Thrace which was under Turkish sovereignty | ||
+ | on the 1st August, 1914, and lies outside the boundaries of Turkey as | ||
+ | laid down by Article 2 of the present Treaty, shall be deemed to be | ||
+ | detached from the Ottoman Empire under the said Treaty. | ||
+ | ARTICLE 47. | ||
+ | The Council of the Ottoman Public Debt shall, within three months from | ||
+ | the coming into force of the present Treaty, determine, on the basis | ||
+ | laid down by Articles 50 and 51, the amounts of the annuities for the | ||
+ | loans referred to in Part A of the Table annexed to the present | ||
+ | Section which are payable by each of the States concerned, and shall | ||
+ | notify to them this amount. | ||
− | + | These States shall be granted an opportunity to send to Constantinople | |
+ | delegates to check the calculations made for this purpose by the | ||
+ | Council of the Ottoman Public Debt. | ||
+ | The Council of the Debt shall exercise the functions referred to in | ||
+ | Article 134 of the Treaty of Peace with Bulgaria of the 27th November, | ||
+ | 1919. | ||
− | + | Any disputes which may arise between the parties concerned as to the | |
+ | application of the principles laid down in the present Article shall | ||
+ | be referred, not more than one month after the notification referred | ||
+ | to in the first paragraph, to an arbitrator whom the Council of the | ||
+ | League of Nations will be asked to appoint; this arbitrator shall give | ||
+ | his decision within a period of not more than three months. The | ||
+ | remuneration of the arbitrator shall be determined by the Council of | ||
+ | the League of Nations, and shall, together with the other expenses of | ||
+ | the arbitration, be borne by the parties concerned. The decisions of | ||
+ | the arbitrator shall be final. The payment of the annuities shall not | ||
+ | be suspended by the reference of any disputes to the above-mentioned | ||
+ | arbitrator. | ||
+ | ARTICLE 48. | ||
− | + | The States, other than Turkey, among which the Ottoman Public Debt, as | |
+ | defined in Part A of the Table annexed to this Section is attributed, | ||
+ | shall, within three months from the date on which they are notified, | ||
+ | in accordance with Article 47, of their respective shares in the | ||
+ | annual charges referred to in that Article, assign to the Council of | ||
+ | the Debt adequate security for the payment of their share. If such | ||
+ | security is not assigned within the above-mentioned period, or in the | ||
+ | case of any disagreement as to the adequacy of the security assigned, | ||
+ | any of the Governments signatory to the present Treaty shall be | ||
+ | entitled to appeal to the Council of the League of Nations. | ||
+ | The Council of the League of Nations shall be empowered to entrust the | ||
+ | collection of the revenues assigned as security to international | ||
+ | financial organisations existing in the countries (other than Turkey) | ||
+ | among which the Debt is distributed. The decisions of the Council of | ||
+ | the League of Nations shall be final. | ||
+ | ARTICLE 49 | ||
+ | Within one month from the date of the final determination under | ||
+ | Article 47 of the amount of the annuities for which each of the States | ||
+ | concerned is liable, a Commission shall meet in Paris to determine the | ||
+ | method of carrying out the distribution of the nominal capital of the | ||
+ | Ottoman Public Debt as defined in Part A of the Table annexed to this | ||
+ | Section. This distribution shall be made in accordance with the | ||
+ | proportions adopted for the division of the annuities, and account | ||
+ | shall be taken of the terms of the agreements governing the loans and | ||
+ | of the provisions of this Section. | ||
+ | The Commission referred to in the first paragraph shall consist of a | ||
+ | representative of the Turkish Government, a representative of the | ||
+ | Council of the Ottoman Public Debt, a representative of the debt other | ||
+ | than the Unified Debt and the Lots Turcs; each of the Governments | ||
+ | concerned shall also be entitled to appoint a representative. All | ||
+ | questions in regard to which the Commission may be unable to reach | ||
+ | agreement shall be referred to the arbitrator referred to in the | ||
+ | fourth paragraph of Article 47. | ||
+ | If Turkey shall decide to create new securities in respect of her | ||
+ | share, the distribution of the capital of the Ottoman Public Debt | ||
+ | shall be made in the first instance as it affects Turkey by a | ||
+ | Committee consisting of the representative of the Turkish Government, | ||
+ | the representative of the Council of the Ottoman Public Debt and the | ||
+ | representative of the debt other than the Unified Debt and the Lots | ||
+ | Turcs. The new securities shall be delivered to the Commission, which | ||
+ | shall ensure their delivery to the bondholders upon such terms as will | ||
+ | provide for the release of Turkey from liability and the rights of the | ||
+ | bondholders towards the other States which are liable for a share of | ||
+ | the Ottoman Public Debt. The securities issued in respect of the share | ||
+ | of each State in the Ottoman Public Debt shall be exempt in the | ||
+ | territory of the High Contracting Parties from all stamp duties or | ||
+ | other taxes which would be involved by such issue. | ||
+ | The payment of the annuities for which each of the States concerned is | ||
+ | liable shall not be postponed as a consequence of the provisions of | ||
+ | the present Article in regard to the distribution of the nominal | ||
+ | capital. | ||
+ | ARTICLE 50. | ||
− | + | The distribution of the annual charges referred to in Article 47 and | |
+ | of the nominal capital of the Ottoman Public Debt mentioned in Article | ||
+ | 49 shall be effected in the following manner: | ||
+ | (1) The loans prior to the 17th October, 1912, and the annuities of | ||
+ | such loans shall be distributed between the Ottoman Empire as it | ||
+ | existed after the Balkan wars of 1912-13, the Balkan States in favour | ||
+ | of which territory was detached from the Ottoman Empire after those | ||
+ | wars, and the States to which the islands referred to in Articles 12 | ||
+ | and 15 of the present Treaty have been attributed; account shall be | ||
+ | taken of the territorial changes which have taken place after the | ||
+ | coming into force of the treaties which ended those wars or subsequent | ||
+ | treaties. | ||
+ | (2) The residue of the loans for which the Ottoman Empire remained | ||
+ | liable after this first distribution and the residue of the annuities | ||
+ | of such loans, together with the loans contracted by that Empire | ||
+ | between the 17th October, 1912, and the 1st November, 1914, and the | ||
+ | annuities of such loans shall be distributed between Turkey, the newly | ||
+ | created States in Asia in favour of which a territory has been | ||
+ | detached from the Ottoman Empire under the present Treaty, and the | ||
+ | State to which the territory referred to in the last paragraph of | ||
+ | Article 46 of the said Treaty has been attributed. | ||
+ | The distribution of the capital shall in the case of each loan be | ||
+ | based on the capital amount outstanding at the date of the coming into | ||
+ | force of the present Treaty. | ||
+ | ARTICLE 51 . | ||
+ | The amount of the share in the annual charges of the Ottoman Public | ||
+ | Debt for which each State concerned is liable in conse- quence of the | ||
+ | distribution provided for by Article 50 shall be determined as | ||
+ | follows: | ||
+ | (I) As regards the distribution provided for by Article 50 (1), in the | ||
+ | first place the share of the islands referred to in Articles 12 and 15 | ||
+ | and of the territories detached from the Ottoman Empire after the | ||
+ | Balkan wars, taken together, shall be fixed. The amount of this share | ||
+ | shall bear the same proportion to the total sum of the annuities to be | ||
+ | distributed in accordance with Article 50 (1) as the average total | ||
+ | revenue of the above mentioned islands and territories, taken as a | ||
+ | whole, bore to the average total revenue of the Ottoman Empire in the | ||
+ | financial years 1910-1911 and 1911-1912, including the proceeds of the | ||
+ | customs surtaxes established in 1907. | ||
+ | The amount thus determined shall then be distributed among the States | ||
+ | to which the territories referred to in the preceding paragraph have | ||
+ | been attributed, and the share for which each of these States will | ||
+ | thus be made liable shall bear the same proportion to the total amount | ||
+ | so distributed as the average total revenue of the territory | ||
+ | attributed to each State bore in the financial years 1910-11 and | ||
+ | 1911-12 to the average total revenue of the territories detached from | ||
+ | the Ottoman Empire after the Balkan Wars and the islands referred to | ||
+ | in Articles 12 and 15. In calculating the revenues referred to in this | ||
+ | paragraph, customs revenues shall be excluded. | ||
− | + | (2) As regards the territories detached from the Ottoman Empire under | |
+ | the present Treaty (including the territory referred to in the last | ||
+ | paragraph of Article 46), the amount of the share of each State | ||
+ | concerned shall bear the same proportion to the total sum of the | ||
+ | annuities to be distributed in accordance with Article 50 (2) as the | ||
+ | average total revenue of the detached territory (including the | ||
+ | proceeds of the Customs surtax established in 1907) for the financial | ||
+ | years 1910-11 and 1911-12 bore to the average total revenue of the | ||
+ | Ottoman Empire, excluding the territories and islands referred to in | ||
+ | paragraph (I) of this Article. | ||
+ | ARTICLE 52. | ||
− | + | The advances referred to in Part B of the Table annexed to the present | |
+ | Section shall be distributed between Turkey and the other States | ||
+ | referred to in Article 46 under the following conditions: | ||
+ | (I) As regards the advances referred to in the Table which existed on | ||
+ | the 17th October, 1912, the capital amount, if any, outstanding at the | ||
+ | date of the coming into force of the present Treaty, together with the | ||
+ | interest from the dates mentioned in the first paragraph of Article 53 | ||
+ | and the repayments made since those dates, shall be distributed in | ||
+ | accordance with the provisions of Article 50 (I) and Article 51 (1). | ||
+ | (2) As regards the amounts for which the Ottoman Empire remains liable | ||
+ | after the first distribution and the advances referred to in the Table | ||
+ | which were contracted by the said Empire between the 17th October, | ||
+ | 1912, and the 1st November, 1914, the capital amount, if any, | ||
+ | outstanding at the date of the coming into force of the present | ||
+ | Treaty, together with the interest from the 1st March, 1920, and the | ||
+ | repayments made since that date, shall be distributed in accordance | ||
+ | with the provisions of Article 50 (2) and Article 51 (2). | ||
+ | The Council of the Ottoman Public Debt shall, within three months from | ||
+ | the coming into force of the present Treaty, determine the amount of | ||
+ | the share in these advances for which each of the States concerned is | ||
+ | liable, and notify them of such amount. | ||
+ | The sums for which States other than Turkey are liable shall be paid | ||
+ | by those States to the Council of the Debt and shall be paid by the | ||
+ | Council to the creditors, or credited to the Turkish Government up to | ||
+ | the amount paid by Turkey, by way of interest or repayment, for the | ||
+ | account of those States. | ||
+ | The payments referred to in the preceding paragraph shall be made by | ||
+ | five equal annuities from the coming into force of the present | ||
+ | Treaty. Such portion of these payments as is payable to the creditors | ||
+ | of the Ottoman Empire shall bear interest at the rates laid down in | ||
+ | the contracts governing the advances; the portion to be credited to | ||
+ | the Turkish Government shall be paid without interest. | ||
+ | ARTICLE 53. | ||
+ | The annuities for the service of the loans of the Ottoman Public Debt | ||
+ | (as defined in Part A of the Table annexed to this Section) due by the | ||
+ | States in favour of which a territory has been detached from the | ||
+ | Ottoman Empire after the Balkan wars, shall be payable as from the | ||
+ | coming into force of the treaties by which the respective territories | ||
+ | were transferred to those States. In the case of the islands referred | ||
+ | to in Article 12, the annuity shall be payable as from the 1st/14th | ||
+ | November, 1913, and, in the case of the islands referred to in Article | ||
+ | 15, as from the 17th October, 1912. | ||
− | + | The annuities due by the States newly created in territories in Asia | |
− | + | detached from the Ottoman Empire under the present Treaty, and by the | |
− | + | State to which the territory referred to in the last paragraph of | |
− | + | Article 46 has been attributed, shall be payable as from the 1st | |
− | which | + | March, 1920. |
− | |||
− | |||
+ | ARTICLE 54. | ||
+ | The Treasury Bills of 1911, 1912 and 1913 included in Part A of the | ||
+ | Table annexed to this Section shall be repaid, with interest at the | ||
+ | agreed rate, within ten years from the dates fixed by the contracts. | ||
+ | ARTICLE 55. | ||
+ | The States referred to in Article 46, including Turkey, shall pay to | ||
+ | the Ottoman Debt Council the amount of the annuities required for the | ||
+ | service of their share of the Ottoman Public Debt (as defined in Part | ||
+ | A of the Table annexed to this Section) to the extent that such | ||
+ | annuities have remained unpaid as from the dates laid down by Article | ||
+ | 53. This payment shall be made, without interest, by means of twenty | ||
+ | equal annuities from the coming into force of the present Treaty. | ||
+ | The amount of the annuities paid to the Council of the Debt by the | ||
+ | States other than Turkey shall, to the extent that they represent | ||
+ | payments made by Turkey for the account of those States, be credited | ||
+ | to Turkey on account of the arrears with which she is debited. | ||
+ | ARTICLE 56. | ||
+ | The Council of the Administration of the Ottoman Public Debt shall no | ||
+ | longer include delegates of the German, Austrian and Hungarian | ||
+ | bondholders. | ||
+ | ARTICLE 57. | ||
− | + | Limits of time fixed for the presentation of coupons of or claims for | |
+ | interest upon the loans and advances of the Ottoman Public Debt and | ||
+ | the Turkish Loans of 1855, 1891 and 1894 secured on the Egyptian | ||
+ | tribute, and the limits of time fixed for the presentation of | ||
+ | securities of these loans drawn for repayment, shall, on the territory | ||
+ | of the High Contracting Parties, be considered as having been | ||
+ | suspended from the 29th October, 1914, until three months after the | ||
+ | coming into force of the present Treaty. | ||
+ | ANNEX I TO SECTION I.<br> | ||
+ | Table of the Ottoman Pre-War Public Debt (November 1, 1914).<br> | ||
+ | Part A.<br> | ||
+ | ...................... Date of ................Date of Re-.......<br> | ||
+ | Loan...................Contract ...Interest%...demption.....Bank of Issue<br> | ||
+ | .1.......................2............3........... 4..............5...<br> | ||
+ | ---- | ||
+ | Unified Debt........1-14.9.1903--.....4........8-21.6.1906..............<br> | ||
+ | Lots turcs.............5.1.1870.................... | ||
+ | Osmanie............18-30.4.1890.......4......1931...Imperial Ottoman Bank<br> | ||
+ | Tombac priority...26.4-8.5.1893.......4......1954...Imperial Ottoman Bank<br> | ||
+ | 40,000,000fr<br> | ||
+ | (Oriental Railways)....I-13.3.1894....4......1957...Deutsche Bank<br> | ||
+ | ....................................................and its group,<br> | ||
+ | ....................................................Including International<br> | ||
+ | ....................................................Bank and two French<br> | ||
+ | ....................................................banks.<br> | ||
+ | 5%, 1896............29.2-12.3.1896....5......1946...Imperial Ottoman Bank<br> | ||
+ | Customs, 1902.........17-29.5.1886-...4......1958...Imperial Ottoman Bank<br> | ||
+ | ..................................28.9-11.10.1902............... | ||
− | + | 4%, 1903 (Fisheries)..3.10.1888-21.2-.4......1958...Deutsche Bank<br> | |
+ | .........................................6.3.1903.<br> | ||
+ | Bagdad, Series 1......20.2-5.3.1903...4......2001...Deutsche Bank | ||
+ | 4%, 1904................4-17.9.1903...4......1960...Imperial Ottoman Bank | ||
+ | 4%, 1901-1905.......21.11-4.12.1901-..4......1961...Imperial Ottoman Bank<br> | ||
+ | ........................................6.11.1903-25.4-<br> | ||
+ | .........................................8.5.1905<br> | ||
+ | Tedjhizat-Askerie.......4-17.4.1905...4......1961...Deutsche Bank | ||
+ | Bagdad, Series II.....20.5-2.6.1908...4......2006...Deutsche Bank | ||
+ | Bagdad, Series III....20.5-2.6.1908...4......2010...Deutsche Bank | ||
+ | 4%, 1908.................6-19.9.1908..4......1965...Imperial Ottoman Bank | ||
+ | 4%, 1909.............30.9-13.10.1909..4......1950...Imperial Ottoman Bank | ||
+ | Soma-Panderma........20.11-3.12.1910..4......1992...Imperial Ottoman Bank | ||
+ | Hodeida-Sanaa.........24.2-9.3.1911...4......2006...Banque francaise<br> | ||
− | + | Customs 1911.........27.10-9.11.1910..4......1952...Deutsche Bank<br> | |
+ | .....................,,.............................and its group<br> | ||
+ | Plain of Koniah............5-18.1913.........1932.....<br> | ||
+ | irrigation | ||
+ | Docks, arsenals......19.11-2 12.1913..5 1/2..1943.....<br> | ||
+ | and naval constructions | ||
+ | 5%, 1914................13-26.4.1914..5.....(1962)..Imperial Ottoman Bank | ||
+ | Avance Regie................4.8.1913...................<br> | ||
+ | des Tabacs<br> | ||
+ | Treasury Bills,............13-7.1911..5......1916*..National Bank<br> | ||
+ | 5% 1911 (purchase of warships)......................of Turkey<br> | ||
+ | Treasury Bills,Imperial 8.21.11.1912..6......1915*..Imperial<br> | ||
+ | ....................................................Ottoman Bank<br> | ||
+ | Treasury Bills,........19.1-1.2.1913..5......1918*..Perier<br> | ||
+ | 1913 (induding the bills issued directly) ..........and Co.<br> | ||
+ | ---- | ||
+ | *See Article 54. | ||
+ | Part B. | ||
+ | ...........................Date...........................Original Nominal<br> | ||
+ | Advance.................of Contract...........Interest....Capital L T.<br> | ||
− | + | ---- <br> | |
+ | Bagdad Railway Company.....3/16 June, 1908.......7........300,000<br> | ||
+ | Lighthouse Administration..5/18 August, 1904.....8.........55,000<br> | ||
+ | Lighthouse Administration..5/18 July, 1907.......7........300,000<br> | ||
+ | Constanza Cable Company....27/9 October, 1904....4.........17,335<br> | ||
+ | Tunnel Company..............................................3,000<br> | ||
+ | Orphan's Fund..............Various dates..................153,147<br> | ||
+ | Deutsche Bank..............13/26 August, 1912...5.5........33,000<br> | ||
+ | Lighthouse Administration..3/16 April, 1913......7........500,000<br> | ||
+ | Anatolia Railway Company...23/5 March, 1914......6........200,000<br> | ||
+ | SECTION II.<br> | ||
+ | MISCELLANEOUS CLAUSES.<br> | ||
+ | ARTICLE 58.<br> | ||
− | + | Turkey, on the one hand, and the other Contracting Powers (except | |
+ | Greece) on the other hand, reciprocally renounce all pecuniary claims | ||
+ | for the loss and damage suffered respectively by Turkey and the said | ||
+ | Powers and by their nationals (including juridical persons) between | ||
+ | the 1st August, 1914, and the coming into force of the present Treaty, | ||
+ | as the result of acts of war or measures of requisition, | ||
+ | sequestration, disposal or confiscation. | ||
+ | Nevertheless, the above provisions are without prejudice to the | ||
+ | provisions of Part III (Economic Clauses) of the present Treaty. | ||
+ | Turkey renounces in favour of the other Contracting Parties (except | ||
+ | Greece) any right in the sums in gold transferred by Germany and | ||
+ | Austria under Article 259 (I) of the Treaty of Peace of the 28th June, | ||
+ | I9I9, with Germany, and under Article 210 (I) of the Treaty of Peace | ||
+ | of the 10th September, 1919, with Austria. | ||
+ | The Council of the Administration of the Ottoman Public Debt is freed | ||
+ | from all liability to make the payments which it was required to make | ||
+ | by the Agreement of the 20th June, 1331 (3rd July, 1915) relating to | ||
+ | the first issue of Turkish currency notes or by the words inscribed on | ||
+ | the back of such notes. | ||
+ | Turkey also agrees not to claim from the British Government or its | ||
+ | nationals the repayment of the sums paid for the warships ordered in | ||
+ | England by the Ottoman Government which were requisitioned by the | ||
+ | British Government in 1914, and renounces all claims in the matter. | ||
+ | ARTICLE 59. | ||
+ | Greece recognises her obligation to make reparation for the damage | ||
+ | caused in Anatolia by the acts of the Greek army or administration | ||
+ | which were contrary to the laws of war. | ||
+ | On the other hand, Turkey, in consideration of the financial situation | ||
+ | of Greece resulting from the prolongation of the war and from its | ||
+ | consequences, finally renounces all claims for reparation against the | ||
+ | Greek Government. | ||
+ | ARTICLE 60. | ||
+ | The States in favour of which territory was or is detached from the | ||
+ | Ottoman Empire after the Balkan wars or by the present Treaty shall | ||
+ | acquire, without payment, all the property and possessions of the | ||
+ | Ottoman Empire situated therein. | ||
+ | It is understood that the property and possessions of which the | ||
+ | transfer from the Civil List to the State was laid down by the Irades | ||
+ | of the 26th August, 1324 (8th September, I908) and the 20th April, | ||
+ | 1325 (2nd May, I909), and also those which, on the 30th October, 1918, | ||
+ | were administered by the Civil List for the benefit of a public | ||
+ | service, are included among the property and possessions referred to | ||
+ | in the preceding paragraph, the aforesaid States being subrogated to | ||
+ | the Ottoman Empire in regard to the property and possessions in | ||
+ | question. The Wakfs created on such property shall be maintained. | ||
− | + | The dispute which has arisen between the Greek and Turkish Governments | |
+ | relating to property and possessions which have passed from the Civil | ||
+ | List to the State and are situated in territories of the former | ||
+ | Ottoman Empire transferred to Greece either after the Balkan wars, or | ||
+ | subsequently, shall be referred to an arbitral tribunal at The Hague, | ||
+ | in accordance with the special protocol No. 2 annexed to the Treaty of | ||
+ | Athens of the 1st-4th November, 1913. The terms of reference shall be | ||
+ | settled between the two Governments. | ||
+ | The provisions of this Article will not modify the juridical nature of | ||
+ | the property and possessions registered in the name of the Civil List | ||
+ | or administered by it, which are not referred to in the second and | ||
+ | third paragraphs above. | ||
+ | ARTICLE 61. | ||
+ | The recipients of Turkish civil and military pensions who acquire | ||
+ | under the present Treaty the nationality of a State other than Turkey, | ||
+ | shall have no claim against the Turkish Government in respect of their | ||
+ | pensions. | ||
+ | ARTICLE 62. | ||
+ | Turkey recognises the transfer of any claims to payment or repayment | ||
+ | which Germany, Austria, Bulgaria or Hungary may have against her, in | ||
+ | accordance with Article 261 of the Treaty of Peace concluded at | ||
+ | Versailles on the 28th June, 1919, with Germany, and the corresponding | ||
+ | articles of the Treaties of Peace of the l0th September, 1919, with | ||
+ | Austria; of the 27th November, 1919, with Bulgaria; and of the 4th | ||
+ | June, 1920 with Hungary. | ||
+ | The other Contracting Powers agree to release Turkey from the debts | ||
+ | for which she is liable on this account. | ||
+ | The claims which Turkey has against Germany, Austria, Bulgaria and | ||
+ | Hungary, are also transferred to the aforesaid Contracting Powers. | ||
+ | ARTICLE 63. | ||
+ | The Turkish Government, in agreement with the other Contracting | ||
+ | Powers, hereby releases the German Government from the obligation | ||
+ | incurred by it during the war to accept Turkish Government currency | ||
+ | notes at a specified rate of exchange in payment for goods to be | ||
+ | exported to Turkey from Germany after the war. | ||
+ | PART III.<br> | ||
+ | ECONOMIC CLAUSES.<br> | ||
+ | ARTICLE 64.<br> | ||
+ | In this part, the expression "Allied Powers" means the Contracting | ||
+ | Powers other than Turkey. | ||
− | + | The term "Allied nationals" includes physical persons, companies and | |
+ | associations of the Contracting Powers other than Turkey, or of a | ||
+ | State or territory under the protection of one of the said Powers. | ||
+ | The provisions of this Part relating to "Allied nationals" shall | ||
+ | benefit persons who without having the nationality of one of the | ||
+ | Allied Powers, have, in consequence of the protection which they in | ||
+ | fact enjoyed at the hands of these Powers, received from the Ottoman | ||
+ | authorities the same treatment as Allied nationals and have, on this | ||
+ | account, been prejudiced. | ||
+ | SECTION I.<br> | ||
+ | PROPERTY, RIGHTS AND INTERESTS.<br> | ||
+ | ARTICLE 65.<br> | ||
+ | Property, rights and interests which still exist and can be identified | ||
+ | in territories remaining Turkish at the date of the coming into force | ||
+ | of the present Treaty, and which belong to persons who on the 29th | ||
+ | October, 1914, were Allied nationals, shall be immediately restored to | ||
+ | the owners in their existing state. | ||
+ | Reciprocally, property, rights and interests which still exist and can | ||
+ | be identified in territories subject to the sovereignty or | ||
+ | protectorate of the Allied Powers on the 29th October, 1914, or in | ||
+ | territories detached from the Ottoman Empire after the Balkan wars and | ||
+ | subject to-day to the sovereignty of any such Power, and which belong | ||
+ | to Turkish nationals, shall be immediately restored to the owners in | ||
+ | their existing state. The same provision shall apply to property, | ||
+ | rights and interests which belong to Turkish nationals in territories | ||
+ | detached from the Ottoman Empire under the present Treaty, and which | ||
+ | may have been subjected to liquidation or any other exceptional | ||
+ | measure whatever on the part of the authorities of the Allied Powers. | ||
+ | All property, rights and interests situated in territory detached from | ||
+ | the Ottoman Empire under the present Treaty, which, after having been | ||
+ | subjected by the Ottoman Government to an exceptional war measure, are | ||
+ | now in the hands of the Contracting Power exercising authority over | ||
+ | the said territory, and which can be identified, shall be restored to | ||
+ | their legitimate owners, in their existing state. The same provision | ||
+ | shall apply to immovable property which may have been liquidated by | ||
+ | the Contracting Power exercising authority over the said | ||
+ | territory. All other claims between individuals shall be submitted to | ||
+ | the competent local courts. | ||
+ | All disputes relating to the identity or the restitution of property | ||
+ | to which a claim is made shall be submitted to the Mixed Arbitral | ||
+ | Tribunal provided for in Section V of this Part. | ||
+ | ARTICLE 66. | ||
+ | In order to give effect to the provisions of the first and second | ||
+ | paragraphs of Article 65 the High Contracting Parties will, by the | ||
+ | most rapid procedure, restore the owners to the possession of their | ||
+ | property, rights and interests free from any burdens or encumbrances | ||
+ | with which such property, rights and interests may have been charged | ||
+ | without the consent of the said owners. It will be the duty of the | ||
+ | Government of the Power effecting the restitution to provide for the | ||
+ | compensation of third parties who may have acquired the property | ||
+ | directly or indirectly from the said Government and who may be injured | ||
+ | by this restitution. Disputes which may arise in connection with such | ||
+ | compensation shall be dealt with by the ordinary courts. | ||
− | + | In all other cases it will be open to any third parties who may be | |
+ | injured to take action against whoever is responsible, in order to | ||
+ | obtain compensation. | ||
+ | In order to give effect to these provisions all acts of transfer or | ||
+ | other exceptional war measures, which the High Contracting Parties may | ||
+ | have carried out in respect of enemy property, rights and interests, | ||
+ | shall be immediately cancelled and stayed when liquidation has not yet | ||
+ | been completed. Owners who make claims shall be satisfied by the | ||
+ | immediate restitution of their property, rights and interests as soon | ||
+ | as these shall have been identified. | ||
− | + | When at the date of the signature of the present Treaty the property, | |
− | of | + | rights and interests, the restitution of which is provided for in |
+ | Article 65. have been liquidated by the authorities of one of the High | ||
+ | Contracting Parties, that Party shall be discharged from the | ||
+ | obligation to restore the said property, rights and interests by | ||
+ | payment of the proceeds of the liquidation to the owner. If, on | ||
+ | application being made by the owner, the Mixed Arbitral Tribunal | ||
+ | provided for by Section V finds that the liquidation was not effected | ||
+ | in such conditions as to ensure the realisation of a fair price, it | ||
+ | will have the power, in default of agreement between the parties, to | ||
+ | order the addition to the proceeds of the liquidation of such amount | ||
+ | as it shall consider equitable. The said property, rights and | ||
+ | interests shall be restored if the payment is not made within two | ||
+ | months from the agreement with the owner or from the decision of the | ||
+ | Mixed Arbitral Tribunal mentioned above. | ||
+ | ARTICLE 67. | ||
+ | Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and | ||
+ | Turkey on the other hand undertake mutually to facilitate, both by | ||
+ | appropriate administrative measures and by the delivery of all | ||
+ | documents relating thereto, the search on their territory for, and the | ||
+ | restitution of, movable property of every kind taken away, seized or | ||
+ | sequestrated by their armies or administrations in the territory of | ||
+ | Turkey, or in the territory of Greece, Roumania or the | ||
+ | Serb-Croat-Slovene State respectively, which are actually within the | ||
+ | territories in question. | ||
+ | Such search and restitution will take place also as regards property | ||
+ | of the nature referred to above seized or sequestrated by German, | ||
+ | Austro-Hungarian or Bulgarian armies or administrations in the | ||
+ | territory of Greece, Roumania or the Serb-Croat-Slovene State, which | ||
+ | has been assigned to Turkey or to her nationals, as well as to | ||
+ | property seized or sequestrated by the Greek, Roumanian or Serbian | ||
+ | armies in Turkish territory, which has been assigned to Greece, | ||
+ | Roumania or the Serb-Croat-Slovene State or to their nationals. | ||
+ | Applications relating to such search and restitution must be made | ||
+ | within six months from the coming into force of the present Treaty. | ||
+ | ARTICLE 68. | ||
− | + | Debts arising out of contracts concluded, in districts in Turkey | |
+ | occupied by the Greek army, between the Greek authorities and | ||
+ | administrations on the one hand and Turkish nationals on the other, | ||
+ | shall be paid by the Greek Government in accordance with the | ||
+ | provisions of the said contracts. | ||
+ | ARTICLE 69. | ||
+ | No charge, tax or surtax to which, by virtue of the privileges which | ||
+ | they enjoyed on the 1st August, 1914, Allied nationals and their | ||
+ | property were not subject, shall be collected from Allied subjects or | ||
+ | their property in respect of the financial years earlier than the | ||
+ | financial year 1922-23. | ||
+ | If any sums have been collected after the 15th May, 1923, in respect | ||
+ | of financial years earlier than the financial year 1922-l923, the | ||
+ | amount shall be refunded to the persons concerned, as soon as the | ||
+ | present Treaty comes into force. | ||
+ | No claim for repayment shall be made as regards sums encashed before | ||
+ | the 15th May, 1923. | ||
+ | ARTICLE 70. | ||
+ | Claims based on Articles 65, 66 and 69 must be lodged with the | ||
+ | competent authorities within six months, and, in default of agreement, | ||
+ | with the Mixed Arbitral Tribunal within twelve months, from the coming | ||
+ | into force of the present Treaty. | ||
+ | ARTICLE 7I. | ||
+ | The British Empire, France, [taly, Roumania and the Serb-Croat-Slovene | ||
+ | State or their nationals having begun claims or suits with regard to | ||
+ | their property, rights and interests against the Ottoman Government | ||
+ | before the 29th October, 1914, the provisions of this Section will not | ||
+ | prejudice such claims or suits. | ||
− | + | Claims or suits begun against the British, French, Italian, Roumanian | |
+ | or Serb-Croat-Slovene Governments by the Ottoman Government or its | ||
+ | nationals will similarly not be prejudiced. These claims or suits will | ||
+ | be continued against the Turkish Government and against the other | ||
+ | Governments mentioned in this Article under the conditions existing | ||
+ | before the 29th October, I9I4, due regard being had to the abolition | ||
+ | of the Capitulations. | ||
+ | ARTICLE 72. | ||
− | + | In the territories which remain Turkish by virtue of the present | |
− | + | Treaty, property, rights and interests belonging to Germany, Austria, | |
+ | Hungary and Bulgaria or to their nationals, which before the coming | ||
+ | into force of the present Treaty have been seized or occupied by the | ||
+ | Allied Governments, shall remain in the possession of tlxese | ||
+ | Governments until the conclusion of arrangements between them and the | ||
+ | German, Austrian, Hungarian and Bulgarian Governments or their | ||
+ | nationals who are concerned. If the above-mentioned property, rights | ||
+ | and interests have been liquidated, such liquidation is confirmed. | ||
+ | In the territories detached from Turkey under the present Treaty, the | ||
+ | Governments exercising authority there shall have power, within one | ||
+ | year from the coming into force of the present Treaty, to liquidate | ||
+ | the property, rights and interests belonging to Germany, Austria, | ||
+ | Hungary and Bulgaria or to their nationals. | ||
+ | The proceeds of liquidations, whether they have already been carried | ||
+ | out or not, shall be paid to the Reparation Commission established by | ||
+ | the Treaty of Peace concluded with the States concerned, if the | ||
+ | property liquidated belongs to the German, Austrian, Hungarian or | ||
+ | Bulgarian State. In the case of liquidation of private property, the | ||
+ | proceeds of liquidation shall be paid to the owners direct. | ||
+ | The provisions of this Article do not apply to Ottoman limited | ||
+ | Companies. | ||
+ | The Turkish Government shall be in no way responsible for the measures | ||
+ | referred to in the present Article. | ||
− | + | SECTION II .<br> | |
+ | CONTRACTS, PRESCRIPTIONS AND JUDGMENTS.<br> | ||
+ | ARTICLE 73.<br> | ||
+ | The following classes of contracts concluded, before the date | ||
+ | mentioned in Article 82, between persons who thereafter became enemies | ||
+ | as defined in that Article, remain in force subject to the provisions | ||
+ | of the contracts and to the stipulations of the present Treaty: | ||
+ | (a) Contracts for the sale of real property, even if all formalities | ||
+ | may not have been concluded, provided that delivery did in fact take | ||
+ | place before the date on which the parties became enemies as defined | ||
+ | in Article 82. | ||
+ | (b) Leases and agreements for leases of land and houses entered into | ||
+ | between individuals. | ||
+ | (c) Contracts between individuals regarding the exploitation of mines, | ||
+ | forests or agricultural estates. | ||
+ | (d) Contracts of mortgage, pledge or lien. | ||
+ | (e) Contracts constituting companies, excepting "societes en 'nom | ||
+ | collectif' " which do not constitute, under the law to which they are | ||
+ | subject, an entity separate from that of the persons of which they are | ||
+ | composed (partnerships). | ||
+ | (f) Contracts, whatever may be their purpose, concluded between | ||
+ | individuals or companies and the State, provinces, municipalities or | ||
+ | other similar juridical persons charged with administrative functions. | ||
+ | (g) Contracts relating to family status. | ||
− | + | (h) Contracts relating to gifts or bounties of any kind whatever. | |
+ | This Article cannot be invoked in order to give to contracts a | ||
+ | validity different from that which they had in themselves when they | ||
+ | were concluded. | ||
− | + | It does not apply to concessionary contracts. | |
− | |||
− | |||
+ | ARTICLE 74. | ||
+ | Insurance contracts are governed by the provisions of the Annex to | ||
+ | this Section. | ||
+ | ARTICLE 75. | ||
+ | Contracts other than those specified in Articles 73 and 74 and other | ||
+ | than concessionary contracts, which were entered into between persons | ||
+ | who subsequently became enemies, shall be considered as having been | ||
+ | annulled as from the date on which the parties became enemies. | ||
+ | Nevertheless, either of the parties to the contract shall have power, | ||
+ | within three months from the coming into force of the present Treaty, | ||
+ | to require the execution of the contract, on condition of paying, | ||
+ | where the circumstances demand it, to the other party compensation | ||
+ | calculated according to the difference between the conditions | ||
+ | prevailing at the time when the contract was concluded and those | ||
+ | prevailing at the time when its maintenance is required. In default of | ||
+ | agreement between the parties, this compensation shall be fixed by the | ||
+ | Mixed Arbitral Tribunal. | ||
+ | ARTICLE 76. | ||
+ | The validity of all compromises entered into before the coming into | ||
+ | force of the present Treatybetween nationals of the Contracting | ||
+ | Powers, parties to contracts specified in Articles 73 to 75, | ||
+ | particularly those providing for the cancellation, the maintenance, | ||
+ | the methods of execution, or the modification of such contracts, | ||
+ | including agreements relating to the currency of payment or the rate | ||
+ | of exchange, is confirmed. | ||
+ | ARTICLE 77. | ||
− | + | Contracts between Allied and Turkish nationals concluded after the | |
+ | 30th October, I918, remain in force and will be governed by the | ||
+ | ordinary law. | ||
+ | Contracts duly concluded with the Constantinople Government between | ||
+ | the 30th October, I9I8, and the I6th March, I920, also remain in force | ||
+ | and will be governed by the ordinary law. | ||
− | + | All contracts and arrangements duly concluded after the 16th March, | |
− | + | I920, with the Constantinople Government concerning territories which | |
− | + | remained under the effective control of the said Government, shall be | |
+ | submitted to the Grand National Assembly of Turkey for approval, if | ||
+ | the parties concerned make application within three months from the | ||
+ | coming into force of the present Treaty. Payments made under such | ||
+ | contracts shall be duly credited to the party who has made them. | ||
+ | If approval is not granted, the party concerned shall, if the | ||
+ | circumstances demand it, be entitled to compensation corresponding to | ||
+ | the direct loss which has been actually suffered; such compensation, | ||
+ | in default of an amicable agreement, shall be fixed by the Mixed | ||
+ | Arbitral Tribunal. | ||
+ | The provisions of this Article are not applicable either to | ||
+ | concessionary contracts or to transfers of concessions. | ||
+ | ARTICLE 78. | ||
+ | All disputes which already exist, or may arise within the period of | ||
+ | six months mentioned below, relating to contracts, other than | ||
+ | concessionary contracts, between parties who subsequently became | ||
+ | enemies, shall be determined by the Mixed Arbitral Tribunal, with the | ||
+ | exception of disputes which, in accordance with the laws of neutral | ||
+ | Powers are within the competence of the national courts of those | ||
+ | Powers. In the latter case, such disputes shall be determined by the | ||
+ | said national courts, to the exclusion of the Mixed Arbitral | ||
+ | Tribunal. Applications relating to disputes which, under this Article, | ||
+ | are within the competence of the Mixed Arbitral Tribunal, must be | ||
+ | presented to the said Tribunal within a period of six months from the | ||
+ | date of its establishment. | ||
+ | After the expiration of this period, disputes which have not been | ||
+ | submitted to the Mixed Arbitral Tribunal shall be determined by the | ||
+ | competent courts in accordance with the ordinary law. | ||
+ | The provisions of this Article do not apply to cases in which all the | ||
+ | parties to the contract resided in the same country during the war and | ||
+ | there freely disposed of their persons and their property, nor to | ||
+ | disputes in respect of which judgment was given by a competent court | ||
+ | before the date on which the parties became enemies. | ||
+ | ARTICLE 79. | ||
+ | All periods whatever of prescription or limitation of right of action, | ||
+ | whether they began to run before or after the outbreak of war, shall | ||
+ | be treated, in the territory of the High Contracting Parties so far as | ||
+ | regards relations between enemies, as having been suspended from the | ||
+ | 29th October, I9I4, until the expiration of three months after the | ||
+ | coming into force of the present Treaty. | ||
− | + | This provision applies, in particular, to periods of time allowed for | |
+ | the presentation of interest or dividend coupons, or for the | ||
+ | presentation for payment of securities drawn for redemption or | ||
+ | repayable on any other ground. | ||
+ | As regards Roumania, the above-mentioned periods shall be considered | ||
+ | as having been suspended as from the 27th August 19I6. | ||
− | + | ARTICLE 80. | |
− | |||
− | |||
− | |||
− | |||
+ | As between enemies no negotiable instrument made before the war shall | ||
+ | be deemed to have become invalid by reason only of failure within the | ||
+ | required time to present the instrument for acceptance or payrnent, or | ||
+ | to give notice of non-acceptance or non-payment to drawers or | ||
+ | endorsers, or to protest the instrument, nor by reason of failure to | ||
+ | complete any formality during the war. | ||
+ | When the period within which a negotiable instrument should have been | ||
+ | presented for acceptance or payment, or within which notice of | ||
+ | non-acceptance or non-payment should have been given to the drawers or | ||
+ | endorsers, or within which the instrument should have been protested, | ||
+ | has expired during the war, and when the party who should have | ||
+ | presented or protested the instrument or given notice of | ||
+ | non-acceptance or non-payment, has failed to do so during the war, a | ||
+ | period of three months from the coming into force of the present | ||
+ | Treaty shall be allowed within which the presentation, notice of | ||
+ | non-acceptance or non-payment, or protest may be made. | ||
+ | ARTICLE 8I. | ||
+ | Sales effected during the war in order to realise pledges or mortgages | ||
+ | created before the war as security for debts which have become | ||
+ | payable, shall be deemed valid, although it may not have been possible | ||
+ | to perform all the formalities required for notifying the debtor, | ||
+ | subject to the express right of the said debtor to summon the creditor | ||
+ | before the Mixed Arbitral Tribunal to render accounts, failing which | ||
+ | the creditor will be liable to be cast in damages. | ||
+ | It shall be the duty of the Mixed Arbitral Tribunal to settle the | ||
+ | accounts between the parties, to investigate the conditions under | ||
+ | which the property pledged or mortgaged was sold, and to order the | ||
+ | creditor to make good any loss suffered by the debtor as a result of | ||
+ | the sale if the creditor acted in bad faith or if he did not take all | ||
+ | steps in his power to avoid having recourse to a sale or to cause the | ||
+ | sale to be conducted in such conditions as to ensure the realisation | ||
+ | of a fair price. | ||
+ | The present provision is applicable only between enemies and does not | ||
+ | extend to transactions referred to above which may have been carried | ||
+ | out after the Ist May, 1923. | ||
+ | ARTICLE 82. | ||
+ | For the purposes of the present Section, the parties to a contract | ||
+ | shall be regarded as enemies from the date on which trading between | ||
+ | them became impossible in fact or was prohibited or became unlawful | ||
+ | under laws, orders or regulations to which one of the parties was | ||
+ | subject. | ||
+ | By way of exception to Articles 73-75, 79 and 80, contracts shall be | ||
+ | governed by the ordinary law if they were concluded within the | ||
+ | territory of one of the High Contracting Parties between enemies | ||
+ | (including companies) or their agents, if this territory was an enemy | ||
+ | country for one of the contracting parties who remained there during | ||
+ | the war and was there able to dispose freely of his person and | ||
+ | property. | ||
+ | ARTICLE 83. | ||
+ | The provisions of this Section do not apply between Japan and Turkey; | ||
+ | matters dealt with in this Section shall, in both of these countries, | ||
+ | be determined in accordance with the local law. | ||
− | + | ANNEX.<br> | |
+ | I. LIFE ASSURANCE.<br> | ||
+ | Paragraph I.<br> | ||
+ | Life assurance contracts entered into between an insurer and a person | ||
+ | who subsequently became an enemy shall not be deemed to have been | ||
+ | dissolved by the outbreak of war or by the fact of the person becoming | ||
+ | an enemy. | ||
+ | Every sum which, during the war, became due upon a contract deemed not | ||
+ | to have been dissolved in accordance with the preceding paragraph, | ||
+ | shall be recoverable after the war. This sum shall be increased by | ||
+ | interest at 5 per cent. per annum from the date of its becoming due up | ||
+ | to the day of payment. | ||
+ | If the contract has lapsed during the war, owing to non-payment of | ||
+ | premiums or has become void from breach of the conditions of the | ||
+ | contract, the assured, or his representatives, or the persons | ||
+ | entitled, shall have the right at any moment within twelve months from | ||
+ | the coming into force of the present Treaty to claim from the insurer | ||
+ | the surrender value of the policy at the date of its lapse or | ||
+ | annulation, together with interest at 5 per cent. per annum. | ||
+ | Turkish nationals whose life insurance contracts entered into before | ||
+ | the 29th October, 1914, have been cancelled or reduced before the | ||
+ | Treaty for non-payment of premiums in accordance with the provisions | ||
+ | of the said contracts, shall have the right, within three months from | ||
+ | the coming into force of the present Treaty, if they are still alive, | ||
+ | to restore their policies for the whole of the amount assured. For | ||
+ | this purpose they must, after having undergone a medical examination | ||
+ | by the doctor of the company, the result of which the company | ||
+ | considers satisfactory, pay the premiums in arrear with compound | ||
+ | interest at 5 per cent. | ||
+ | Paragraph 2. | ||
+ | It is understood that life assurance contracts in money other than the | ||
+ | Turkish pound, entered into before the 29th October, 19I4, between | ||
+ | companies possessing the nationality of an Allied Power and Turkish | ||
+ | nationals, in respect of which the premiums have been paid before and | ||
+ | after the 18th November, 1915, or even only before that date, shall be | ||
+ | regulated, first, by determining the rights of the assured in | ||
+ | accordance with the general conditions of the policy for the period | ||
+ | before the 18th November, 1915, in the currency stipulated in the | ||
+ | contract at the current rate in its country of origin (for example, | ||
+ | every amount stipulated in francs, in gold francs, or in "francs | ||
+ | effectifs" will be paid in French francs), secondly, for the period | ||
+ | after the 18th November, 19I5, in Turkish pounds paper-the Turkish | ||
+ | pound being taken at the pre-war par value. | ||
+ | If Turkish nationals whose contracts were entered into in currency | ||
+ | other than Turkish currency show that they have continued to pay their | ||
+ | premiums since the 18th November, 1915, in the currency stipulated in | ||
+ | the contracts, the said contracts shall be settled in the same | ||
+ | currency at the current rate in its country of origin, even for the | ||
+ | periocl after the 18th November, 19I5. | ||
+ | Turkish nationals whose contracts, entered into before the 29th | ||
+ | October, 1914, in currency other than Turkish currency with companies | ||
+ | possessing the nationality of an Allied Power are, owing to payment of | ||
+ | premiums, still in force, shall have the right within three months | ||
+ | after the coming into force of the present Treaty to restore their | ||
+ | policies for the full amount, in the currency stipulated in their | ||
+ | contract, at the current rate in its country of origin. For this | ||
+ | purpose they must pay in this currency the premiums which have become | ||
+ | due since the 18th November, 1915. On the other hand, the premiums | ||
+ | actually paid by them in Turkish pounds paper since that date will be | ||
+ | repaid to them in the same currency. | ||
+ | Paragraph 3. | ||
+ | As regards insurances in Turkish pounds, settlement shall be made in | ||
+ | Turkish pounds paper. | ||
+ | Paragraph 4. | ||
− | + | The provisions of paragraphs 2 and 3 do not apply to policy holders | |
+ | who, by an express agreement, have already settled with the insurance | ||
+ | companies the fixation of the value of their policies and the method | ||
+ | of payment of their premiums, nor to those whose policies shall have | ||
+ | been finally settled at the date of the coming into force of the | ||
+ | present Treaty. | ||
+ | Paragraph 5. | ||
+ | For the purposes of the preceding paragraphs, insurance contracts | ||
+ | shall be considered as contracts of life insurance when they depend on | ||
+ | the probabilities of human life, combined with the rate of interest, | ||
+ | for the calculation of the reciprocal engagement between the two | ||
+ | parties. | ||
+ | II. MARINE INSURANCE. | ||
+ | Paragraph 6. | ||
+ | Subject to the provisions therein contained, contracts of marine | ||
+ | insurance will not be deemed to have been dissolved where the risk had | ||
+ | attached before the parties became enemies, but the policy shall not | ||
+ | be deemed to cover losses due to belligerent action by the Power of | ||
+ | which the insurer was a national or by the allies of that Power. | ||
+ | III. FIRE AND OTHER INSURANCES. | ||
+ | Paragraph 7. | ||
+ | Subject to the reserve contained in the preceding paragraph, fire | ||
+ | insurance contracts and all other forms of insurance contracts are not | ||
+ | deemed to be dissolved. | ||
+ | SECTION III.<br> | ||
+ | DEBTS.<br> | ||
+ | ARTICLE 84.<br> | ||
+ | The High Contracting Parties are in agreement in recognising that | ||
+ | debts which were payable before the war or which became payable during | ||
+ | the war under contracts entered into before the war, and which | ||
+ | remained unpaid owing to the war, must be settled and paid, in | ||
+ | accordance with the provisions of the contracts, in the currency | ||
+ | agreed upon, at the rate current in its country of origin. | ||
− | + | Without prejudice to the provisions of the Annex to Section II of this | |
+ | part, it is agreed that where payments to be made under a pre-war | ||
+ | contract are represented by sums collected during the war in whole or | ||
+ | in part in a currency other than that mentioned in the said contract, | ||
+ | such payments can be made by handing over the sums actually collected, | ||
+ | in the currency in which they were collected. This provision shall not | ||
+ | affect settlements inconsistent with the foregoing provisions arrived | ||
+ | at by voluntary agreement between the parties before the coming into | ||
+ | force of the present Treaty. | ||
+ | ARTICLE 85. | ||
+ | The Ottoman Public Debt is by general agreement left outside the scope | ||
+ | of.this Section and of the other Sections of this Part (Economic | ||
+ | Clauses). | ||
+ | SECTION IV.<br> | ||
+ | INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY.<br> | ||
+ | ARTICLE 86.<br> | ||
+ | Subject to the stipulations of the present Treaty, rights of | ||
+ | industrial, literary and artistic property as they existed on the 1st | ||
+ | August, I9I4, in accordance with the law of each of the contracting | ||
+ | countries, shall be re-established or restored as from the coming into | ||
+ | force of the present Treaty in the territories of the High Contracting | ||
+ | Parties in favour of the persons entitled to the benefit of them at | ||
+ | the moment when the state of war commenced, or of their legal | ||
+ | representatives. Equally, rights which, but for the war, could have | ||
+ | been acquired during the war, by means of an application legally made | ||
+ | for the protection of industrial property or of the publication of a | ||
+ | literary or artistic work, shall be recognised and established in | ||
+ | favour of those persons who would have been entitled thereto, from the | ||
+ | coming into force of the present Treaty. | ||
+ | Without prejudice to the rights which are required to be restored in | ||
+ | accordance with the above provision, all acts (including the grant of | ||
+ | licences) done by virtue of the special measures taken during the war | ||
+ | by a legislative, executive or administrative authority of an Allied | ||
+ | Power in regard to the rights of Turkish nationals in respect of | ||
+ | industrial, literary or artistic property, shall remain in force and | ||
+ | continue to have their full effect. This provision applies mutatis | ||
+ | mutandis to corresponding measures taken by Turkish authorities in | ||
+ | regard to the rights of the nationals of any Allied Power. | ||
+ | ARTICLE 87. | ||
+ | A minimum of one year from the coming into force of the present Treaty | ||
+ | shall be granted, without surtax or penalty of any kind, to Turkish | ||
+ | nationals in the territory of each of the other Contracting Powers, | ||
+ | and to the nationals of these Powers in Turkey, within which they may | ||
+ | accomplish any act, fulfil any formality, pay any fees, and generally | ||
+ | satisfy any obligation prescribed by the laws and regulations of the | ||
+ | respective States for preserving or obtaining or opposing the grant of | ||
+ | rights to industriai property which had already been acquired on the | ||
+ | 1st August, I9I4, or which, but for the war, might have been acquired | ||
+ | since that date by means of an application made before or during the | ||
+ | war. | ||
+ | Rights to industrial property which have lapsed by reason of any | ||
+ | failure to accomplish any act, fulfil any formality, or pay any fees | ||
+ | shall be revived, but subject, in the case of patents and designs, to | ||
+ | the adoption of such measures as each Power may deem reasonably | ||
+ | necessary for the protection of the rights of third parties who have | ||
+ | exploited or made use of patents or designs since they had lapsed. | ||
+ | The period from the Ist August, I9I4, until the coming into force of | ||
+ | the present Treaty shall be excluded in calculating the time within | ||
+ | which a patent has to be exploited or a trade-mark or design used, and | ||
+ | it is further agreed that no patent, trade-mark or design in force on | ||
+ | the Ist August, I9I4, shall be subject to revocation or cancellation | ||
+ | by reason only of the failure to exploit such patent or use such | ||
+ | trade-mark or design, for two years after the coming into force of the | ||
+ | present Treaty. | ||
+ | ARTICLE 88. | ||
+ | No action shall be brought and no claim made on the one hand by | ||
+ | Turkish nationals or persons residing or carrying on business in | ||
+ | Turkey, and on the other hand by nationals of the Allied Powers or | ||
+ | persons residing or carrying on their business in the territory of | ||
+ | these Powers, nor by third parties having derived title during the war | ||
+ | from such persons, by reason of any occurrence which has taken place | ||
+ | within the territory of the other party, between the date of the | ||
+ | beginning of a state of war and that of the coming into force of the | ||
+ | present Treaty, which might tve held to constitute an infringement of | ||
+ | rights of industrial property or rights of literary or artistic | ||
+ | property either existing at any time during the war, or revived under | ||
+ | the provisions of Article 86. | ||
− | + | Among the occurrences referred to above are included the use by the | |
+ | Governments of the High Contracting Parties, or by any person acting | ||
+ | on their behalf, or with their consent, of rights of industrial, | ||
+ | literary or artistic property, as well as the sale, the offering for | ||
+ | sale or the use of products, apparatus, or any articles whatsoever to | ||
+ | which these rights apply. | ||
+ | ARTICLE 89. | ||
+ | Licences for the use of industrial property, or for the reproduction | ||
+ | of literary or artistic works, granted before the war by or to | ||
+ | nationals of the Allied Powers or persons residing in their | ||
+ | territories or carrying on business therein, on the one hand, to or by | ||
+ | Turkish nationals on the other hand, shall be considered as cancelled | ||
+ | as from the date of the beginning of a state of war between Turkey and | ||
+ | the Allied Power concerned. But in any case, the former beneficiary of | ||
+ | a licence of this kind shall have the right within a period of six | ||
+ | months from the coming into force of the present Treaty to require | ||
+ | from the proprietor of the rights the grant of a new licence, the | ||
+ | conditions of which, in default of agreement between the parties, | ||
+ | shall be fixed by the Mixed Arbitral Tribunal referred to in Section V | ||
+ | of this Part. The Tribunal shall have the power, where the | ||
+ | circumstances demand it, to fix at the same time the amount which it | ||
+ | considers fair payment for the use of the property during the war. | ||
+ | ARTICLE 90 | ||
+ | The inhabitants of territories detached from Turkey under the present | ||
+ | Treaty shall, notwithstanding this transfer and the change of | ||
+ | nationality consequent thereon, continue in complete enjoyment in | ||
+ | Turkey of all the rights in industrial, literary and artistic property | ||
+ | to which they were entitled under Ottoman law at the time of transfer. | ||
+ | Rights of industrial, literary and artistic property which are in | ||
+ | existence in territories detached from Turkey under the present Treaty | ||
+ | at the time of separation, or which are re-established or restored by | ||
+ | the provisions of Article 86, shall be recognised by the State to | ||
+ | which the said territory is transferred, and shall remain in existence | ||
+ | in that territory for the same period of time as that which they would | ||
+ | have enjoyed under Ottoman law. | ||
+ | ARTICLE 91 | ||
+ | All grants of patents and registrations of trade-marks, as well as all | ||
+ | registrations of transfers or assignments of patents or trade marks | ||
+ | which have been duly made since the 30th October, 1918, by the | ||
+ | Imperial Ottoman Government at Constantinople or elsewhere, shall be | ||
+ | submitted to the Turkish Government and registered, if the parties | ||
+ | concerned make an application within three months from the coming into | ||
+ | force of the present Treaty. Such registration shall have effect as | ||
+ | from the date of the original registration. | ||
+ | SECTION V.<br> | ||
+ | MIXED ARBITRAL TRIBUNAL.<br> | ||
+ | ARTICLE 92.<br> | ||
− | + | Within three months from the date of the coming into force of the | |
+ | present Treaty, a Mixed Arbitral Tribunal shall be established between | ||
+ | each of the Allied Powers, on the one hand, and Turkey, on the other | ||
+ | hand. | ||
+ | Each of these Tribunals shall be composed of three members, two being | ||
+ | appointed respectively by each of the Governments concerned, who shall | ||
+ | be entitled to designate several persons from whom, according to the | ||
+ | case in question, they will choose one to sit as a member of the | ||
+ | Tribunal. The president shall be chosen by agreement between the two | ||
+ | Governments concerned. | ||
− | + | In case of failure to reach agreement within two months from the | |
− | the one | + | coming into force of the present Treaty, the president shall be |
− | of | + | appointed, upon the request of one of the Governments concerned, from |
− | + | among nationals of Powers which remained neutral during the war, by | |
+ | the President of the Permanent Court of International Justice at The | ||
+ | Hague. | ||
+ | If within the said period of two months one of the Governments | ||
+ | concerned does not appoint a member to represent it on the Tribunal, | ||
+ | the Council of the League of Nations will have power to proceed to the | ||
+ | appointment of such member upon the request of the other Government | ||
+ | concerned. | ||
+ | If a member of the Tribunal should die or resign or for any reason | ||
+ | become unable to perform his duties, he shall be replaced by the | ||
+ | method laid down for his appointment, the above period of two months | ||
+ | running from the date of death, resignation or inability as duly | ||
+ | verified. | ||
+ | ARTICLE 93. | ||
+ | The seat of the Mixed Arbitral Tribunals shall be at | ||
+ | Constantinople. If the number and character of the cases justify it, | ||
+ | the Governments concerned shall be entitled to create in each Tribunal | ||
+ | onc or more additional Sections, the seat of which shall be in | ||
+ | whatever place may be convenient. Each of these Sections shall be | ||
+ | composed of a vice-president and two members appointed as laid down in | ||
+ | the second, third, fourth and fifth paragraphs of Article 92. | ||
+ | Each Government shall appoint one or more agents to represent it | ||
+ | before the Tribunal. | ||
+ | If, after three years from the establishment of a Mixed Arbitral | ||
+ | Tribunal, or of one of its Sections, such Tribunal or Section has not | ||
+ | finished its work, and if the Power on whose territory such Tribunal | ||
+ | or Section has its seat so requests, the seat shall be removed from | ||
+ | such territory. | ||
+ | ARTICLE 94. | ||
+ | The Mixed Arbitral Tribunals established pursuant to Articles 92 and | ||
+ | 93 shall decide all questions within their competence under the | ||
+ | present Treaty. | ||
+ | Decisions shall be taken by a majority. | ||
+ | The High Contracting Parties agree to regard the decisions of the | ||
+ | Mixed Arbitral Tribunals as final and conclusive, and to render them | ||
+ | binding upon their nationals, and to ensure their enforcement in their | ||
+ | respective territories as soon as the decisions of the Tribunals are | ||
+ | notified to them, without it being necessary to have them declared | ||
+ | executory. | ||
+ | The High Contracting Parties further undertake that their Tribunals | ||
+ | and authorities shall directly assist the fixed Arbitral Tribunals in | ||
+ | every way that is in their power, particularly as re- gards the | ||
+ | transmission of notices and the collection of evidence. | ||
− | + | ARTICLE 95. | |
+ | The Mixed Arbitral Tribunals shall be guided by justice, equity and | ||
+ | good faith. | ||
+ | Each Tribunal will determine the language to be used before it, and | ||
+ | shall order such translations to be made as are necessary to ensure | ||
+ | that the proceedings are completely understood; it will lay down rules | ||
+ | and time limits for the procedure to be observed. These rules must be | ||
+ | based on the following principles: | ||
+ | (I) The procedure shall include the presentation of a memorial and a | ||
+ | counter-memorial respectively, with the option of presenting a reply | ||
+ | and a rejoinder. If either of the parties asks for leave to present an | ||
+ | oral argument he will be permitted to do so; in such case the other | ||
+ | party will have the same right. | ||
+ | (2) The Tribunal shall have full power to order enquiries, the | ||
+ | production of documents, and expert examinations, to make a view, to | ||
+ | demand any information, to hear any witnesses and to ask the parties | ||
+ | or their representatives for any verbal or written explanations. | ||
+ | (3) Subject to any contrary provision in the present Treaty, no claim | ||
+ | shall be admitted after the expiry of a period of six months from the | ||
+ | establishment of the Tribunal, except upon express authority contained | ||
+ | in a decision of the said Tribunal and justified as an exceptional | ||
+ | measure by considerations relating to distance or force majeure. | ||
+ | (4) It shall be the duty of the Tribunal to hold as many sittings each | ||
+ | week as may be needed for the prompt despatch of its business, except | ||
+ | during vacations, which shall not exceed a total of eight weeks a | ||
+ | year. | ||
+ | (5) Judgment must always be given within at most two months from the | ||
+ | end of the hearing, after which the Tribunal will at once proceed to | ||
+ | consider its judgment. | ||
+ | (6) Oral arguments, if any, shall be heard in public, and in all cases | ||
+ | judgment shall be delivered in public. | ||
+ | (7) Each Mixed Arbitral Tribunal shall be entitled to hold sittings | ||
+ | elsewhere than in the place where its seat is established, if it | ||
+ | considers it advantageous for the despatch of business. | ||
+ | ARTICLE 96. | ||
+ | The Governments concerned shall appoint by agreement a | ||
+ | Secretary-General for each Tribunal, and shall each attach to him one | ||
+ | or more Secretaries. The Secretary-General and the Secretaries shall | ||
+ | be under the orders of the Tribunal, which with the consent of the | ||
+ | Governments concerned shall be entitled to engage any persons whose | ||
+ | assistance it may need. | ||
− | + | The Secretariat of each Tribunal shall have its offices at | |
+ | Constantinople. The Governments concerned shall have power to | ||
+ | establish additional offices in such other places as may be | ||
+ | convenient. | ||
+ | Each Tribunal shall keep in its Secretariat the records, papers and | ||
+ | documents relating to the cases submitted to it, and upon the | ||
+ | completion of its duties it shall deposit them in the archives of the | ||
+ | Government of the country where its seat is established. These | ||
+ | archives shall always be accessible to the Governments concerned. | ||
+ | ARTICLE 97. | ||
+ | Each Government shall pay the emoluments of the member of the Mixed | ||
+ | Arbitral Tribunal whom it appoints, as well as those of any agent or | ||
+ | secretary appointed by it. | ||
+ | The emoluments of the President and those of the Secretary-General | ||
+ | shall be fixed by agreement between the Governments concerned, and | ||
+ | these emoluments and the general expenses of the Tribunal shall be | ||
+ | paid in equal shares by the two Governments. | ||
+ | ARTICLE 98. | ||
+ | The present section shall not apply to cases between Japan and Turkey, | ||
+ | which, according to the terms of the present Treaty, would fall within | ||
+ | the competence of the Mixed Arbitral Tribunal. Such cases shall be | ||
+ | settled by agreement between the two Govern- ments. | ||
+ | SECTION VI.<br> | ||
+ | TREATIES.<br> | ||
+ | ARTICLE 99.<br> | ||
+ | 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 | ||
+ | shall enter again into force between Turkey and those of the other | ||
+ | Contracting Powers party thereto: | ||
+ | (I) Conventions of March 14, 1884, of December 1, 1886, and of March | ||
+ | 23, 1887, and Final Protocol of July 7, 1887, regarding the protection | ||
+ | of submarine cables; | ||
+ | (2) Convention of July 5, 1890, regarding the publication of customs | ||
+ | tariffs and the organisation of an International Union for the | ||
+ | publication of customs tariffs; | ||
− | + | (3) Arrangement of December 9, 1907, regarding the creation of the | |
+ | International Office of Public Hygiene at Paris; | ||
+ | (4) Convention of June 7, 1905, regarding the creation of an | ||
+ | International Agricultural Institute at Rome; | ||
+ | (5) Convention of July 16, 1863, for the redemption of the toll dues | ||
+ | on the Scheldt; | ||
+ | (6) Convention of October 29, 1888, regarding the establishment of a | ||
+ | definite arrangement guaranteeing the free use of the Suez Canal, | ||
+ | subject to the special stipulations provided for by Article 19 of the | ||
+ | present Treaty; | ||
+ | (7) Conventions and Agreements of the Universal Postal Union, | ||
+ | including the Conventions and Agreements signed at Madrid on November | ||
+ | 30, 1920; | ||
+ | (8) International Telegraphic Conventions signed at St. Petersburgh on | ||
+ | July 10-22, 1875; Regulations and Tariffs drawn up by the | ||
+ | International Telegraph Conference, Lisbon, June 11, 1908. | ||
+ | ARTICLE 100. | ||
+ | Turkey undertakes to adhere to the Conventions or Agreements | ||
+ | enumerated below, or to ratify them: | ||
+ | (I) Convention of October 11, 1909, regarding the inter- national | ||
+ | circulation of motor cars; | ||
+ | (2) Agreement of May 15, 1886, regarding the sealing of railway trucks | ||
+ | subject to customs inspection and Protocol of May 18, 1907; | ||
+ | (3) Convention of September 23, 1910, respecting the unification of | ||
+ | certain regulations regarding collisions and salvage at sea; | ||
+ | (4) Convention of December 21, 1904, regarding exemption of hospital | ||
+ | ships from dues and charges in ports; | ||
− | + | (5) Conventions of May 18, 1904, of May 4, 1910, and of September 30, | |
+ | 1921, regarding the suppression of the White Slave Traffic; | ||
+ | (6) Conventions of May 4, 1910, regarding the suppression of obscene | ||
+ | publications; | ||
+ | (7) Sanitary Convention of January 17, 1912, Articles 54, 88 and 90 | ||
+ | being reserved; | ||
+ | (8) Conventions of November 3, 1881, and April 15, 1889, regarding | ||
+ | precautionary measures against phylloxera; | ||
+ | (9) Opium Convention, signed at The Hague, January 23, 1912, and | ||
+ | additional Protocol of 1914; | ||
+ | (10) International Radio-Telegraphic Convention of July 5, 1912; | ||
+ | (11) Convention regarding liquor traffic in Africa, signed at | ||
+ | St. Germain-en-Laye, September 10, 1919; | ||
+ | (12) Convention revising the General Act of Berlin of February 26, | ||
+ | 1885, and the General Act and Declaration of Brussels of July 2, I890, | ||
+ | signed at St. Germain-en-Laye, September 10, 1919; | ||
+ | (13) Convention of October 13, 1919, regulating aerial navigation, | ||
+ | provided that Turkey obtains, under the Protocol of May 1, 1920, such | ||
+ | derogations as her geographical situation may render necessary; | ||
− | + | (14) Convention of September 26, 1906, signed at Berne, prohibiting | |
+ | the use of white phosphorus in the manufacture of matches. | ||
+ | Turkey further undertakes to take part in the elaboration of new | ||
+ | international conventions relating to telegraphy and radio-telegraphy. | ||
− | + | PART IV.<br> | |
− | + | COMMUNICATIONS AND SANITARY QUESTIONS.<br> | |
− | + | SECTION 1.<br> | |
− | + | COMMUNICATIONS.<br> | |
− | + | ARTICLE 101.<br> | |
+ | Turkey undertakes to adhere to the Convention and to the Statute | ||
+ | respecting the Freedom of Transit adopted by the Conference of | ||
+ | Barcelona on the 14th April, 192I, as well as to the Convention and | ||
+ | the Statute respecting the regime for waterways of international | ||
+ | interest adopted by the said Conference on the 19th April, 1921, and | ||
+ | to the supplementary Protocol. | ||
+ | Turkey accordingly undertakes to bring into force the provisions of | ||
+ | these Conventions, Statutes and Protocol as from the entry into force | ||
+ | of the present Treaty. | ||
+ | ARTICLE 102. | ||
+ | Turkey undertakes to adhere to the Declaration of Barcelona. dated the | ||
+ | 20th April, 1921, "recognising the rights of the flag of States not | ||
+ | possessing a sea-board." | ||
+ | ARTICLE 103. | ||
− | + | Turkey undertakes to adhere to the recommendations of the Conference | |
+ | of Barcelona, dated the 20th April, 1921, respecting ports placed | ||
+ | under an international regime. Turkey will subsequently make known | ||
+ | those ports which will be placed under that regime. | ||
+ | ARTICLE 104. | ||
− | + | Turkey undertakes to adhere to the recommendations of the Conference | |
+ | of Barcelona, dated the 20th April, 1921, respecting international | ||
+ | railways. These recommendations will be brought into force by the | ||
+ | Turkish Government on the coming into force of the present Treaty and | ||
+ | subject to reciprocity. | ||
+ | ARTICLE 105. | ||
− | + | On the coming into force of the present Treaty, Turkey agrees to | |
+ | subscribe to the Conventions and arrangements signed at Berne on | ||
+ | October 14, 1890, September 20, 1893, July I6, 1895, June 16, 1898, | ||
+ | and September 19, 1906, regarding the transportation of goods by rail. | ||
+ | ARTICLE 106. | ||
− | + | When, as a result of the fixing of new frontiers, a railway connection | |
+ | between two parts of the same country crosses another country, or a | ||
+ | branch line from one country has its terminus in another, the | ||
+ | conditions of working, in so far as concerns the traffic between the | ||
+ | two countries, shall, subject to any special arrangements, be laid | ||
+ | down in an agreement to be concluded between the railway | ||
+ | administrations concerned. If these administrations cannot come to an | ||
+ | agreement as to the terms of such agreement, those conditions shall be | ||
+ | decided by arbitration. | ||
+ | The establishment of all new frontier stations between Turkey and the | ||
+ | neighbouring States, as well as the working of the lines between those | ||
+ | stations, shall be settled by agreements similarly concluded . | ||
+ | ARTICLE 107 | ||
+ | Travellers and goods coming from or destined for Turkey or Greece, and | ||
+ | making use in transit of the three sections of the Oriental Railways | ||
+ | included between the Grseco-Bulgarian frontier and the Grceco-Turkish | ||
+ | frontier near Kuleli-Burgas, shall not be subject, on account of such | ||
+ | transit, to any duty or toll nor to any formality of examination in | ||
+ | connection with passports or customs. | ||
+ | A Commissioner, who shall be selected by the Council of the League of | ||
+ | Nations, shall ensure that the stipulations of this Article are | ||
+ | carried out. | ||
+ | The Greek and Turkish Governments shall each have the right to appoint | ||
+ | a representative to be attached to this Commissioner; this | ||
+ | representative shall have the duty of drawing the attention of the | ||
+ | Commissioner to any question relating to the execution of the | ||
+ | above-mentioned stipulations, and shall enjoy all the necessary | ||
+ | facilities to enable him to accomplish his task. These representatives | ||
+ | shall reach an agreement with the Commissioner as to the number and | ||
+ | nature of the subordinate staff which they will require. | ||
+ | It shall be the duty of the said Commissioner to submit, for the | ||
+ | decision of the Council of the League of Nations, any question | ||
+ | relating to the execution of the said stipulations which he may not | ||
+ | have been able to settle. The Greek and Turkish Governments undertake | ||
+ | to carry out any decision given by the majority vote of the said | ||
+ | Council. | ||
+ | The salary of the said Commissioner, as well as the expenses of his | ||
+ | work, shall be borne in equal parts by the Greek and Turkish | ||
+ | Governments. | ||
− | + | In the event of Turkey constructing later a railway line joining | |
+ | Adrianople to the line between Kuleli-Burgas and Constantinople, the | ||
+ | stipulations of this Article shall lapse in so far as concerns transit | ||
+ | between the points on the Graoco-Turkish frontier lying near | ||
+ | Kuleli-Burgas and Bosna-Keuy respectively. | ||
+ | Each of the two interested Powers shall have the right, after five | ||
+ | years from the coming into force of the present Treaty, to apply to | ||
+ | the Council of the League of Nations with a view to deciding whether | ||
+ | it is necessary that the control mentioned in paragraphs 2 to 5 of the | ||
+ | present Article should be maintained. Nevertheless, it remains | ||
+ | understood that the stipulations of paragraph I shall remain in force | ||
+ | for transit over the two sections of the Oriental Railways between the | ||
+ | Graeco-Bulgarian frontier and Bosna-Keuy. | ||
− | + | ARTICLE 108. | |
+ | Subject to any special provisions concerning the transfer of ports and | ||
+ | railways, whether owned by the Turkish Government or private | ||
+ | companies, situated in the territories detached from Turkey under the | ||
+ | present Treaty, and similarly subject to any agreements which have | ||
+ | been, or may be, concluded between the Contracting Powers relating to | ||
+ | the concessionnaries and the pensioning of the personnel, the transfer | ||
+ | of railways will take place under the following conditions: | ||
− | + | (I) The works and installations of all the railroads shall be left | |
− | + | complete and in as good condition as possible; | |
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