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INTERNATIONAL: The Treaties

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TIME

As the signatory powers prepared to release to the world the full text of the agreements which they had signed at Locarno (TIME, Oct. 26), a specially leased trans-Atlantic cable was extended directly into the office of the American Associated Press, in order that thissupernews might not be delayed by the usual relays and repeaters. Two operators, transcribing the dot-dashed ticker tape which reeled off the cable receptor at better than a word a second, “cleared the whole despatch of 5,000 words in less than two hours—a unique record in cable transmission.

In all, seven treaties were cabled, certain of which were so nearly identical that the man in the street may rule-of-thumb them as three: 1) The Rhineland Security Treaty, among Britain, France, Italy, Belgium and Germany. 2) An Arbitration Treaty form, which was quadruplicated and signed as four separate treaties by Germany, respectively with France, Belgium, Poland and Czecho-Slovakia. 3) A form of Guarantee Treaty, duplicated and signed as two separate treaties by France, respectively with Poland and Czecho-Slovakia.

The Rhineland Security Treaty consists of ten articles, and opens with the following preamble: President of the Republic of France, the President of the Reich, His Majesty the King of the Belgians, the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas, Emperor of India; His Majesty the King of Italy—anxious to satisfy the desire for security and protection which animates the peoples upon whom fell the scourge of the War of 1914-1918; taking note of the abrogation of the treaties for the neutralization of Belgium, and conscious of the necessity of insuring peace in the area which has so frequently been the scene of European conflicts; animated also with the sincere desire of giving to all the signatory powers concerned supplementary guarantees within the framework of the Covenant of the League of Nations and the treaties in force between them—have determined to conclude a treaty with these objects and have appointed plenipotentiaries, who, having communicated their full powers, found in good and due form, have agreed as follows:”

Article I commences with the statement: “The high contracting parties collectively and severally guarantee in the manner provided in the following articles, the maintenance of the territorial status quo resulting from the frontiers between Germany and Belgium, and between Germany and France, and the inviolability of the said frontiers as fixed by or in pursuance ot the treaty of peace signed at Versailles on the 28th June, 1919.

The specific provisions of the Versailles Treaty disarming Germany are then cited.

Article II asserts: “Germany and Belgium, and also Germany and France, mutually undertake that they will in no case attack or invade each other or resort to war against each other.” But it goes on to stipulate that any one of these nations may “exercise the right of legitimate defense, if the present treaty or the Versailles Treaty is “flagrantly violated” by one of the others; or may take up arms in accordance with the League Covenant, or may obey the League Council, in the event that the Council shall order action taken against a state which was first to attack.

Article III contains the statement: “Germany and Belgium and Germany and France undertake to settle by peaceful means and in the manner laid down herein all questions of every kind which may arise between them and which it may not be possible to settle by the normal methods of diplomacy. There follow explicit regulations laying down the procedure for “conciliation commissions which are to referee disputes; and the proviso that the Council of the League will act as a court of last resort.

Article IV (presumably with Britain and Italy especially mind) supplements Article II in defining the circumstances in which action shall be taken against a treaty-violating power. Heavy emphasis is laid upon the principle that advisement shall first be taken if possible with the Council of the League. But in the event of a sudden “flagrant” hostile act, such as a rush by Germany or France upon the Rhineland, each guaranteeing power “undertakes immediately to come to the help of the party against whom such a violation or breach has been directed as soon as the said power has been able to satisfy itself that this violation constitutes an unprovoked act of aggression.”

Article V specifically provides that the powers shall enforce the arbitration of Franco-German and Belgio-German disputes.

Articles VI and VII assert that the present treaty in no way undermines either the Treaty of Versailles or the authority of League; and “shall not be interpreted as restricting the duty of the League to take whatever action may be deemed wise and effectual to safeguard the peace of the world.”

Article VIII provides that the present treaty is to be registered with the League; and shall continue operative until the signatory powers, “voting at least by a two-thirds majority, decide that the League of Nations insures sufficient protection” to them. “The treaty shall cease to have effect on the expiration of a period of one year from such decision.”

Article IX (in toto) : “The present treaty shall impose no obligationupon any of the British dominions, or upon India, unless the government of such dominion, or of India, signifies its acceptance thereof.”

Article X (in toto) : “The present treaty shall be ratified and the ratifications shall be deposited at Geneva in the archives of the League of Nations as soon as possible. It shall enter into force as soon as all the ratifications have been deposited and Germany has become a member of the League of Nations. The present treaty, done in a single copy, will be deposited in the archives of the League of Nations, and the Secretary General will be requested to transmit certified copies to each of the high contracting parties.

“In faith whereof the above mentioned plenipotentiaries have signed the present treaty. Done at Locarno the 16th of October, 1925.

“Luther, “Stresemann, “Emile Vandervelde, “A. Briand, “Austen Chamberlain, “Benito Mussolini.”

The Arbitration Treaty form is well exampled in the German-Czecho-Slovakian treaty of 22 articles. The German-Polish treaty is exactly similar, and the German-French and German-Belgian treaties differ from it by the striking out of one article only, the 21st. In the German-Czech treaty:

Article I provides: “All disputes of every kind between Germany and Czecho-Slovakia with regard to which the parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy, shall be submitted for decision either to an arbitral tribunal or to the Permanent Court of International Justice as laid down hereafter.” And it is then stated that “disputes arising out of the past” are not affected; nor are those whose settlement is provided for by other treaties.

Articles II to V set up a “Permanent Conciliation Commission to which the two nations may and ordinarily will submit all disputes before proceeding even to arbitration. This commission shall consist of five members: a German, a Czecho-Slovakian, and three nationals of three other powers, one of whom shall be President, and elaborate machinery is sketched for the amicable arrangement of its machinery.

Articles V to XV define the procedure, duties and powers of the Conciliation Commission. Its ordinary procedure is to be in accordance with the rules laid down by the Hague Convention of 1907 for settling international disputes. Its duties embrace: the extensive investigation of matters in disputes between Germany and Czechoslovakia; the responsibility of attempting to reconcile the disputants; and the making of reports which shall formulate the information gathered and show what progress has been made towards a settlement. To this end the Commission is to be given guarantees that the disputants will aid it in gathering evidence. The Commission is to meet by request of one or both of the disputants, or upon its own initiative; and make its decisions by a simple majority vote.

Articles XV to XX provide the actual arbitration machinery. In the event that the Conciliation Convention fails to resolve a dispute, the Permanent Court of International Justice or an arbitral tribunal in accordance with the Hague Convention of 1907, is to have the dispute laid before it. It is also provided that by request of either party the question may be brought before the Council of the League. Provisional measures are then to be outlined by the adjudicating body, and the disputants are bound by this treaty to accept and give aid to such measures. The provisions of the treaty are to apply among the signatory powers, even where the dispute concerns another power.

Article XXI declares that the rights of the signatory powers before the League and the powers of the League are not affected by the Treaty. It is this article which is left out of the German-French and German-Belgian treaties because the point is already covered for those nations in the Rhineland treaty.

Article XXII concludes the treaty and stipulates that it shall come into force upon substantially the same terms as the Rhine treaty, after being registered with the League.

The Guarantee Treaties (Franco-Polish and Franco-Czecho-Slovakian) are identical, and provide that the signatory powers will come to one another’s aid if Germany shall violate the arbitration treaties she signed with each of the three “by an unprovoked recourse to arms.”

Looking backward, after having scanned so much of the future in the Locarno treaties, observers recollect that the principal international conferences since the World War have been:

Versailles (Jan.-June, 1919) : The terms of peace were concluded; Germany’s War guilt and reparations responsibility fixed; and the League of Nations formulated.

Paris (April-Dec., 1920): The League of Nations was set up with a Legislative Assembly and an Executive Council.

Brussels (Sept. and Dec., 1920): Two financial conferences were held, advising that international credit be organized through the League, and accepting Germany’s offer to make payments in kind.

Washington (Nov. 1921 -Feb., 1922) : A conference called by U. S. President Harding, at which five treaties were negotiated and signed: 1) The Five-Power Treaty, eliminating competition in major naval armaments among the U. S., Great Britain, France, Italy, Japan; 2) The Poison Gas and Submarine Treaty among the same group of powers; 3) The Chino-Japanese Shantung Treaty; 4) A Nine-Power Treaty among the U. S., Great Britain, France, Italy, Belgium, The Netherlands, Japan. China and Portugal, which affirmed the “open door” doctrine, giving the powers equal trade opportunities in China, but guaranteed Chinese territorial integrity; 5) A second Nine-Power Treaty, in which these same nations bound themselves to provide for an increase in China’s customs revenues at the Conference which is at present assembling at Peking (see CHINA).

Cannes (Jan., 1922) : A general conference at which Premier Briand negotiated an Anglo-French security pact which was never ratified.

Genoa and The Hague (April and June, 1922): Two economic conferences involving Russia, both of which proved largely abortive, except that the Genoa conference led to the Russo-German treaty of Rapallo.

Lausanne (Nov., 1922-July, 1923): A general conference concerning Allied-Grecian-Turkish affairs, which ended unsatisfactorily for all concerned.

Paris-Berlin (Jan.-April, 1924) : The Dawes and McKenna commissions established the status of German national wealth and the means of converting it into reparations payments.

Geneva (Sept.-Oct., 1924) : The Fifth Assembly of the League of Nations, at which another Anglo-French security pact was buried, and the subsequently British-killed protocol against war was drawn up.

Geneva (Nov.-Dec., 1924, and Jan.-Feb., 1925): The Opium Conference, from which the Chinese and U. S. delegates withdrew after it became apparent that the chief producing and distributing nations would not stop opium production in the near future.

Paris (Dec., 1924): The Council of Ambassadors, as executor of the Versailles Peace Treaty, decreed that Germany had not kept her disarmament obligations and that the evacuation of Cologne on Jan. 10, 1925, as originally provided, with reservations, would be delayed.

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