Note to X, 289—Continued

with Germany and were signatories to the treaty of peace were entitled to abrogate their treaties.

A note from the British Government to the German Government gave notice of the revival of certain bilateral treaties between the British Empire and Germany as from the date of the note, June 25, 1920 (5 League of Nations Treaty Series, p. 303). The note stated that, with respect to an agreement for the exchange of money orders, the words "German protectorate" and "German postal agencies in foreign countries" must be regarded as excised from the revived agreement, being contrary to the stipulations of the treaty of peace. Comparatively few bilateral treaties were revived under these provisions. The action of five states is recorded as follows: for Belgium, see Reichsgesetzblatt, 1920, 11, 1397; France, ibid., 1, 946; Great Britain, ibid., 11, 1543; Greece, ibid., p. 1544; Italy, ibid., p. 1577.

ARTICLE 290.

Germany recognises that all the treaties, conventions or agreements which she has concluded with Austria, Hungary, Bulgaria or Turkey since August 1, 1914, until the coming into force of the present Treaty are and remain abrogated by the present Treaty.

Note to X, 290

The principal German political treaties abrogated by this article

were:

Austria-Hungary, military treaty, May 12, 1918.

Hungary, Bulgaria, Turkey, treaty of alliance, Sofia, July 17, 1915. Turkey, notice extending most-favored-nation treatment to Turkish subjects for duration of the war, June 24, 1915 (Reichsgesetzblatt, 1915, p. 347).

Turkey, treaty of alliance, Constantinople, August 2, 1914.

Turkey, settlement treaty and nine other treaties, Berlin, January 11, 1917 (ibid., 1918, pp. 192-357).

ARTICLE 291.

Germany undertakes to secure to the Allied and Associated Powers, and to the officials and nationals of the said Powers, the enjoyment of all the rights and advantages of any kind which she may have granted to Austria, Hungary, Bulgaria or Turkey, or to the officials and nationals of these States by treaties, conventions or

arrangements concluded before August 1, 1914, so long as those treaties, conventions or arrangements remain in force.

The Allied and Associated Powers reserve the right to accept or not the enjoyment of these rights and advantages.

ARTICLE 292.

Germany recognises that all treaties, conventions or arrangements which she concluded with Russia, or with any State or Government of which the territory previously formed a part of Russia, or with Roumania, before August 1, 1914, or after that date until the coming into force of the present Treaty, are and remain abrogated.

Note to X, 292

The principal treaties abrogated by this article, which reads with articles 116 and 117 and with equivalent provisions in the treaties of peace with Austria, Bulgaria, and Hungary, were:

Treaty of peace between Germany, Austria, Hungary, Bulgaria, and Turkey of the one part and the Ukrainian People's Republic, Brest-Litovsk, February 9, 1918 (Reichsgesetzblatt, 1918, p. 1010; Department of State, Texts of the Ukraine "Peace”, p. 9).

Supplementary legal-political treaty between Germany and the Ukrainian People's Republic, Brest-Litovsk, February 9, 1918 (Reichsgesetzblatt, 1918, p. 1030; Department of State, Texts of the Ukraine "Peace”, p. 29).

Agreements on grain and oil seeds and economic matters between Germany and Austria-Hungary and the Ukraine, Kiev, April 9 and 23, 1918 (Department of State, Texts of the Ukraine "Peace", pp. 143, 146).

Financial treaty between Germany and Austria-Hungary and the Ukraine, Kiev, May 15, 1918 (ibid., p. 153).

Treaty of peace between Germany, Austria-Hungary, Bulgaria, and Turkey of the one part and Russia, Brest-Litovsk, March 3, 1918 (Reichsgesetzblatt, 1918, p. 479; Department of State, Texts of the Russian "Peace", p. 13).

Supplementary legal-political treaty between Germany and Russia, Brest-Litovsk, March 3, 1918 (Reichsgesetzblatt, 1918, p. 2622; Department of State, Texts of the Russian "Peace", p. 115). Supplementary financial and civil-law agreements between Germany and Russia, Berlin, August 27, 1918 (Reichsgesetzblatt, 1918, pp. 1154, 1172, 1190; Department of State, Texts of the Russian "Peace", pp. 177, 191, 203).

Note to X, 292-Continued

Treaty of peace between Germany and Finland, Berlin, March 7, 1918 (Reichsgesetzblatt, 1918, p. 701; Department of State, Texts of the Finland "Peace", p. 13).

Convention concerning commerce and navigation between Germany and Finland, Berlin, March 7, 1918 (Reichsgesetzblatt, 1918, p. 712; Department of State, Texts of the Finland "Peace", p. 27). Additional protocol to the treaty of peace and convention concerning commerce and navigation between Germany and Finland, Brest-Litovsk, March 7, 1918 (Reichstagsdrucksachen, 11. Session 1914/1918, No. 1396; Department of State, Texts of the Finland "Peace", p. 39).

Treaty of peace between Germany, Austria-Hungary, Bulgaria, and Turkey of the one part and Rumania, Bucharest, May 7, 1918 (Germany, Auswärtiges Amt, Der Friedensvertrag mit Rumänien nebst den deutschen Zusatzverträgen; Department of State, Texts of the Roumanian "Peace", p. 7).

Treaty concerning economic policy supplementary to the treaty of peace with Rumania, Bucharest, May 7, 1918 (Department of State, Texts of the Roumanian "Peace", p. 57).

Treaty concerning legal matters supplementary to the treaty of peace with Rumania between Germany and Rumania, Bucharest, May 7, 1918 (ibid., p. 113).

ARTICLE 293.

Should an Allied or Associated Power, Russia, or a State or Government of which the territory formerly constituted a part of Russia, have been forced since August 1, 1914, by reason of military occupation or by any other means or for any other cause, to grant or to allow to be granted by the act of any public authority, concessions, privileges and favours of any kind to Germany or to a German national, such concessions, privileges and favours are ipso facto annulled by the present Treaty.

No claims or indemnities which may result from this annulment shall be charged against the Allied or Associated Powers or the Powers, States, Governments or public authorities which are released from their engagements by the present Article.

ARTICLE 294.

From the coming into force of the present Treaty Germany undertakes to give the Allied and Associated Powers and their

695852 O-47- -38

nationals the benefit ipso facto of the rights and advantages of any kind which she has granted by treaties, conventions, or arrangements to non-belligerent States or their nationals since August 1, 1914, until the coming into force of the present Treaty, so long as those treaties, conventions or arrangements remain in force.

ARTICLE 295.

Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at The Hague on January 23, 1912, agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty.

Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force.

For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the protocol of the deposit of ratifications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the Additional Protocol of 1914.

Note to X, 295

This article had an important effect in establishing a broad basis of agreement for the development of the program for combating the traffic in opium and other dangerous drugs under article 23(c) of the Covenant of the League of Nations. This article resulted in 34 additional ratifications to the 1912 convention, which increase made it possible for the League to proceed steadily with its program.

The convention is in Treaty Series 612, at Treaties, Conventions, etc., 1910–23, 1, 3025, and at 8 League of Nations Treaty Series, p. 187. For the subsequent instruments see p. 120.

Note to X, sec. III

SECTION III.-Debts.

Germany accepted the principle of a clearing system for private debts, but objected that the treaty did not establish reciprocity and that the parties were deprived of freedom of communication and the free right to decide what to do (Foreign Relations, The Paris Peace Conference, 1919, vi, 885). Many individual provisions of article 296 were criticized in detail.

The Allies declined to admit that reciprocity was generally denied, asserting that it was complete as regards individuals, except in the matter of non-payment to Germany of balances due by the Allied and Associated Powers (ibid., p. 980). One minor change was conceded in article 296 (e) by substituting one month for six. A German objection to applying the usual procedure to debts contracted in Alsace-Lorraine before November 1918 (instead of "before the war") was overruled on the ground that the debts concerned only German nationals and Alsace-Lorrainers who acquired French nationality.

For special application to Alsace-Lorraine, see articles 72 and 74. For the inapplication to Siam of this article, see note under article 137.

ARTICLE 296.

There shall be settled through the intervention of Clearing Offices to be established by each of the High Contracting Parties within three months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations:

(1) Debts payable before the war and due by a national of one of the Contracting Powers, residing within its territory, to a na tional of an Opposing Power, residing within its territory;

(2) Debts which became payable during the war to nationals of one Contracting Power residing within its territory and arose out of transactions or contracts with the nationals of an Opposing Power, resident within its territory, of which the total or partial execution was suspended on account of the declaration of war; Note to X, 296 (2)

Great Britain concluded with Belgium and France conventions applying the provisions of section III of part X and article 296 (1) and (2), as to enemy debts, to Belgian and French nationals resident within the United Kingdom, Canada, New Zealand, and India, British colonies not possessing responsible government, and British