- 265

be disposed of by the Principal Allied and Associated Powers in a manner hereafter to be determined by those Powers.

4. Hungary recognises any transfer of gold provided for by Article 259 (5) of the Treaty of Peace concluded at Versailles on June 28, 1919 between the Allied and Associated Powers and Germany, and any transfer of claims provided for by

Article 261 of that Treaty,

ARTICLE 194.

Without prejudice to the renunciation of any rights by Hungary on behalf of herself or of her nationals in the other provisions of the present Treaty, the Repara- tion Commission may, within one year from the coming into force of the present

Treaty, demand that Hungary become possessed of any rights and interests of her

- nationals in any public utility undertaking or in any concession operating in Russia,

Turkey, Germany; Austria or Bulgaria, or in the possessions or dependencies of these States, or in any territory formerly belonging to Hungary or her allies to be transferred by Fungary or her allies to any State, or to be administered by a manda- tory under any Treaty entered into with the Allied and Associated Powers, and may require that the Hungarian Government transfer, within six months of the date of demand, to the Reparation Commission all such rights and interests and any similar rights and interests owned by the former or existing Hungarian Government.

Hungary shall be responsible for indemnifying her nationals so dispossessed, and the Reparation Commission shall credit Hungary on account of sums due for repa- ration with such sums in respect of the value of the transferred rights and interests as may be assessed by the Reparation Commission, and Hungary shall, within six months from the coming into force of the present Treaty, communicate to the

Reparation Commission all such rights and interests, whether already granted, con- tingent or not yet exercised, and shall renounce on behalf of herself and her nationals in favour of the Allied and Associated Powers all such rights and interests which have not been so communicated

• ARTICLE 195.

undertakes to refrain from preventing or impeding such acquisition by the German, Austrian, Bulgarian or Turkish Governments of any rights and inte- rest of German, Austrian, Bulgarian, and Turkish nationals in piublic utility undertakings or concessions operating in Hungary as may be required by the Repara- or conventions concluded between the Allied and Associated Powers and the Ger-

ARTICLE 196.

Hungary undertakes to transfer to the Allied and Associated Powers any claims t bayment or reparation by Germany, Austria, Bulgaria or Turkey in favour of th former or existing Hungarian Goverments, and in particular any claims which may
[98]

arise now or hereafter in the fulfilment of undertakings made from July 28, 1914, to the coming into force of the present Treaty.

shal ale fred do the hal be seed by the for parate i am lin, ol account of the sums due for reparation.

ARTICLE 197.

Any monetary obligation arising out of the present Treaty and expressed in terms of gold kronen shall, unless some other arrangement is specifically provided for in supplementary thereto, be payable at the option of the creditors in pounds sterling payable in London, gold dollars of the United States of America payable in New

York, gold francs payable in Paris, or gold lire payable in Rome.

For the purposes of this Article, the gold coins mentioned above shall be defined as being of the weight and fineness of gold as enacted by law on January 1; 1934.

ARTICLE 198.

garian Monarchy, necessitated by the partition of that Monarchy and the resettlement of public debts and currency provided for by these Articles, shall be regulated by agreement between the various Governments concerned in such a manner as shail best secure equitable treatment to all the parties interested.

In case the Govern-

ments concerned are unable to conse to an agreement on any question arising out of this financial adjustment, or in case any Goverment is of opinion that its nation.

als have not received equitable treatment, the Reparation Commission shall, on the application of any one of the Governments concerned, appoint an arbitrator or arbi- trators, whose decision shall be final.

ARTICLE 199.

he Hungarian Government shall be under no liability in respect of civil or mil ry pensions granted to nationals of the former Kingdom of Hungary who hap been recognized as nationals of other States or who become so under the provi-
(99]

* 267ー

PART X.

ECONOMIC CLAUSES.

SECTION I.

COMMERCIAL RELATIONS.

CHAPTER I.

CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.

ARTICLE 200.

ing internal charges) than those to which thelike goods the produce or manufacture of any other such State or of any other foreign country are subject.

Hungary will not maintain or impose any prohibition or restriction on the importation into Hungarian territory of any goods the produce or manufacture of the territories of any one of the Allied or Associated States, from whatsoever place arriving, which shall not equally extend to the importation of the like goods the produce or manufacture of any other such State or of any other foreign country.

ARTICLE 201.

Hungary further undertakes that, in the matter of the régime applicable on import- ation, no discrimination against the commerce of any of the Allied and Associated

States as compared with any other of the said States or any other foreign country or interpretation, or the operation of monopolies

ARTICLE 202.

In all that concerns exportation, Hungary undertakes that goods, natural products or manufactured articles, exported from Hungarian territory to the territories of any one of the Allied or Associated States, shall not be subjected to other or higher duties

TR. H.

33...
or charges (including internal charges) than those paid on the like goods exported to

Hungary will not maintain or impose any prohibition or restriction on the expor-

ARTICLE 203.

Every favour, immunity, or privilege in regard to the importation, exportation or transit of goods granted by Hungary to any Allied or Associated State or to any other oreign country whatever shall simultaneously and unconditionally, without reques ind without compensation, be extended to all the Allied and Associated State:

By way of exception to the provisions of Article 270, Part XII (Ports, Waterways

Railways), products, in transit by the ports which before the war were sit- uated in territory of the former Austro-Hungarian Monarchy shall, for a period of three years from the coming into force of the present Treaty, enjoy on importation into

Hungary reductions of duty corresponding, with and in proportion to those applied to such products under the Austro-Hungarian Customs Tariff of the year 1g06, when imported by such ports.

ARTICLE 205.

Notwithstanding the provisions of Articles 200 to 203, the Atlied and Associated:

Powers agree that they will not invoke these provisionsto secure the advantage of any arrangements which may be made by the Hungarian Government with the Govern- ments of Austria or of the CzechoSlovak State for the accord of a special customs régime to certain natural or manufactured products which both originate in and come from those countries; and which shall be specified in the arrangements, provided that the duration of these arrangements does not exceed a period of five years from the coming into force of the present Treaty.

ARTICLE 206.

the first six months after the coming into force of the present Treaty, the duties imposed by Hungary on imports from Allied and Associated States shall not be higher than the iost favourable duties which were applied to imports into the former

Austro-Hungarian Monarchy on July 28, i g1 4.

During a further period of thirty months after the expiration of the first six months this provision shall continue to be applied exclusively with regard to the importation of fruits (fresh and dried); fresh vegetables, olive oil, eggs, pigs and pork products, and live poultry, in so far as such products enjoyed at the above mentioned date (July 28, 1 91 4) rales conventionalised by Treaties with the Allied or
[101]

- 269 —

ARTICLE 207.

1. Special agreements shall be made between Poland and the Czecho-Slovak State and Hungary as to the supply of coal, including lignite, foodstuffs and raw materials reciprocally.

2. Pending the conclusion of such agreements, but in no case during more than fire years from the coming into force of the present Treaty, the Czecho- Slovak State and Poland undertake that no export duty or other restrictions of any kind shall be imposed on the export to Hungary of coal or lignite up to a reasonable quantity to be fixed, failing agreement between the States concerned, by the Repar- ation Commission. In fixing this quantity the Reparation Commission shall take into account all the circumstances, including the quantities both of coal and of lignite which passed before the war between present Hungarian territory on the one hand and Silesia and the territory of the former Austrian Empire transferred to the

Czecho-Slovak State and Poland in accordance with the Treaties of Peace on the other hand, as well as the quantities now available for export from those counțries.

Hungary shall in return furnish to the Czecho-Slovak State and Poland supplies of the lignite, foodstuffs and raw materials referred to in paragraph 1 in accordance with the decisions of the Reparation Commission.

3. The Czecho-Slovak State and Poland further undertake during the same period to take such steps as may be necessary to ensure that coal, including lignite; shall be available for sale to purchasers in Hungary on terms as favourable as are applicable to like products sold under similar condilions to purchasers in the Czecho-Slovak

State or Poland respectively or in any other country.

4. The provisions of paragraphs 2 and 3 probibiting export duties or restrictions and determining the conditions of sale shall also apply to the supply of lignite by

Hungary to Poland and the Czecho-Slovak State.

5. In case of disagreement in the execution or interpretation of any of the above provisions the Reparation Commission shall decide.

6. In order to permit mutual assistance between Poland, Roumania, the Serb- Croat-Slovene State, Czecho-Slovakia, Hungary and Austria, in regard to products hitherto exchanged between the torritories of these States, which are indispensable to their industry or trade, negotiations shall be undertaken, on the initiative of any of these States, within six months from the coming into force of the present

Treaty with a view to the conclusion with any other of the said States of separate conventions in conformity with the provisions of the present Treaty, and in particular

At the end of this period any State which has requested such a convention without succeeding in concluding it may apply to the Reparation Commission and request it to accelerate the conclusion of such convention.

ARTICLE 208.

1. Special agreements shall be made between Hungary and Austria as to the supply of foodstuffs, raw materials and manufaclured articles reciprocally.

TR. H.

36
— 270 —

2. Pending the conclusion of such agreements, but in no case during more than five years from the coming into force of the present Treaty, Hungary undertakes that no export duty or other restrictions of any kind shall be imposed on the export to Austria of foodstuffs of every description produced in Hungarian territory, up to a reasonable quantity to be fixed, failing agreement between the States concerned, by the Reparation Commission. In fixing this quantity the Reparation Commission shall take into account all the circumstances, and in particular the production and requirements of the two countries concerned. Austria shall in return furnish to

Hungary supplies, of the raw materials and manufactured articles referred to in paragraph 1 in accordance with the decisions of the Reparation Commission.

3. Hungary furtber undertakes during the same period to take such steps as may be necessary to ensure that any such products shall be available for sale to purchasers in Austria on terms as favourable as are applicable to like products sold under similar conditions to purchasers in Hungary or in any other country.

4. In case of disagreement in the execution or interpretation of any of the above provisions the Reparation Commission shall decide.

CHAPTER II.

SHIPPING.

ARTICLE 209.

The High Contracting Parties agree to recognise the Hag flown by the vessels of any Contracting Party having no sea-coast, which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such

CHAPTER III.

UNFAIR COMPETITION.

ARTICLE 210.

1. Hungary undertakes to adopt all the necessary legislative and administrative measures to protect goods the produce or manufacture of any one of the Allied and

Associated Powers from all forms of unfair competition in commercial transactions.

Hungary undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices, or descriptions whatsoever which are calculated to convey directly or indirectly a false indication of the origin, type, nature or special characteristics of such goods.

• 2. Hungary undertakes, on condition that reciprocity is accorded in these matters, to respect any law, or any administrative or judicial decision given in conformity with
[1o3]

- 271

such law, in force in any Allied or Associated State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in spect of wine or spirits produced in the State to which the region belongs or ti onditions under which the use of any such appellation may be permitted; and il importation, exportation, manufacture, distribution, sale or offering for sale of pro- ducts or articles bearing regional appellations inconsistent with such law or order shall be prohibited by

Hungary and repressed by the measures prescribed in

paragraph 1 of this Article.

CHAPTER IV.

TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.

ARTICLE 211.

Hungary undertakes:

(a) not to subject the nationals of the Allied and Associated Powers to any prohi- bition in regard to the exercise of occupations, professions, trade and indastry, which shall not be equally applicable to all aliens without exception;

(b) not to subject the nationals of the Allied and Associated Powers in regard lo the rights referred to in paragraph (a) to any regulation or restriction which might contravene directly or indirectly the stipulations of the said paragraph, or which shall be other or more disadvantageous than those which are applicable to nationals of the most favoured nation;

(c) not to subject the nationals of the Allied and Associaled Powers, their property, rights or interests, including companies and associations in which they are interested, to any charge, tas or impost, direct or indirect, other or higher than those which are or may be imposed on her own nationals or their property, rights or interests;

(d) not to subject the nationals of any one of the Allied and Associated Powers to any restriction which was not applicable on July 1, 1914, to the nationals of such Powers unless such restriction is likewise imposed on her. own nationals.

ARTIcLe 212

The nationals of the Allied and Associated Powers shall enjoy in Hungarian lerri- tory a constant protection for their persons and for their property, rights and interests, and shall have free access to the courts of law.

ARTICLE 213.

Hungary undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers, and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects

34.
- 272 -

1104]

ARTICLE 214.

The Allied and Associated Powers may appoint consuls-general, consuls, vice- consuls and consular agents in Hungarian towns and ports. Hungary undertakes to pprove the designation of the consuls-general, consuls, vice-consuls and consul rents, whose names shall be notified to her, and to admit them to the exercise their functions in conformity with the usual rules and customs.

CHAPTER V.

GENERAL ARTIGLES.

ARTICLE 215.

'The obligations imposed on Hungary by Chapter I above shall cease to have elleci five years from the date of the coming into force of the present Treaty, unless otherwise provided in the text, or unless the Council of the League of Nations shall, at least twelve months before the expiration of that period, decide that these obligations shall be maintained for a further period with or without amendment.

Nevertheless it is agreed that unless the League of Nations decides otherwise an

Allied or Associated Power shall not after the expiration of three years from the coming into force of the present Treaty be entitled to require the fulfilment by

Hungary of the provisions of Articles 200, 201, 202 or 203 unless that Power accords correlative treatment to Hungary.

Article 211 shall remain in operation, with or without amendment, after the period of five years for such further period, if any, not exceeding five years, as may be determined by a majority of the Council of the League of Nations.

ARTICLE 216.

If the Hungarian Government engages in international trade, it shall not in respect thereof have or be deemed to have any rights, privileges or immunities of sovereignty.

- SECTION II.

TREATIES.

ARTICLE 217.

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 characler concluded by the former Austro-Hungarian Monarchy and enu-
1105]

- 273 -

merated below and in the subsequent Articles shall alone be applied as between

Hungary and those of the Allied and Associated Powers party thereto:

) Conventions of March 14, 1884, December 1, 1886, and March 33, 1887.

ind Pinal Prolocol of July 7, 1887, regarding the protection of submarine cables

(2) Convention of October 11, 1g0g, regarding the international circulatión of motor-cars.

(3) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 18, 1907.

(4) Agreement of May 15, 1886, regarding the technical standardisation of railways.

(5) Convention of July 5, 18go, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tarilis.

(6) Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.

(7) Convention of March 14, +857, for the redemption of toil dues on the

Sound and Belts.

(8) Convention of June 22, 1861, for the redemption of the Stade Toll on the Elbe.

(9) Convention of July 16, 1863, for the redemption of the Toll dues on the Scheldt.

(10) Convention

of October 29, 1888, regarding the establishment of a

definite arrangement guaranteeing the free use of the Suez Canal.

(11) Conventions of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.

(12) Convention of December 21, 1904, regarding the exemption of hospital ships from dues and charges in ports.

(13) Convention of September 26, 1906, for the suppression of nightwork for women.

ion of the vehite Slave Traffic

of May 18, 1904, and May 4, Igno, regarding the suppres

(15) Convention of May 4, igio, regarding the suppression of obscene publications.

(16) Sanitary Convention of December 3, 1go3, and the preceding Conven- tions signed on January 30, 18g2, April 15, 1893, April 3, 1894, and

March 1g, 1897.

(17) Convention of May 20, 1875, regarding the unification and improvement of the metric system.

TE. H.

34..
- 274

[106]

6) Convention of November 29, 1906, regarding the unification of pharm pœlal formulæ for potent drus

(19) Convention of November 16 and 1g, 1885, regarding the establishment of a concert pitch.

(20) Convention of June 7, 1905, regarding the creation of an International

Agricultural Institute at Rome.

tionary mesmering of prember 3, 1881, aud April 5, 188g, regarling precal-

(22) Convention of March 1g, 1go2, regarding the protection of birds useful to agriculture.

(23) Convention of June 12, 1902, regarding the guardianship of minors.

ARTICLE 218.

From the coming into force of the present Treaty the Fligh Contracting Parties shall apply the conventions and agreements hereinafler mentioned, in so far as concerns them, Hungary undertaking to comply with the special stipulations con- tained in this Article.

Postal Conventions :

Conventions and agreements of the Universal Postal Union concluded at Vienna,

July 4,18g1.

agreements of the Postal Union signed at Washington;

June 15, 1897.

agreements of the Postal Union signed at Rome, May 26,

1 до6.

T'elegraphic Conventions :

normational Telegraphic Convention signed era mat aleratic Contere

Lisbon, June 11, 1908.

Hungary andertakes not to refuse her assent to the conclusion by the new States of the special arrangements referred to in the Conventions and Agreements relating to the Universal Postal Union and to the International Telegraphic Union, to whicl the said new States have adhered or may adhere.

ARTICLE 219.

From the coming into force of the present Treaty the High Contracting Parties shall apply, in so far as concerns them, the International Radio-Telegraphic Conven- hons of July 5, 1912, Hungary undertaking to comply with the provisional regu- lations which will be indicated 1o her by the Allied and Associated Powers.

If within five years after the coming into force of the present Treaty a new
11071

- 275 —

convention regulating international radio-telegraphic communications should have been concluded to take the place of the Convention of July 5, 1912, this new convention shall bind Hungary, even if Hungary should refuse either to take part in drawing up the convention, or subscribe thereto.

This new convention will likewise replace the provisional regulations in force.

ARTICLE 220.

The International Convention of Paris of March 20, 1883, for the protection of industrial property, revised at Washington on June 2,

1g11, and the

Agreenient of April 14; 1891, concerning the international registration of trade marks shall be applied as from the coming into force of the present Treaty, in so far as they are not aflected or modified by the exceptions and restrictions resulting

ARTICLE 221.

From the coming into force of the present Treaty the High Contracting Parties shall apply, in so far as concerns them, the Convention of the Hague of July 17, 1905, relating to civil procedure.

This provision, however, will not apply to

France, Portugal and Romania.

ARTICLE 222.

Hungary undertakes, within twelve months of the coming into force of the present

Treaty, to adhere in the prescribed form to the International Convention of Berne of September 9, 1886, for the protection of literary and artistic works, revised at

Berlin on November 13, 1908, and completed by the Additional Protocol signed at Berne on March 30, 1914, relating to the protection of literary and artistic measures and in accordance way the praciples of the said competion the literary and artistic works of nationals of the Allied and Associated Powers.

In addition, and irrespective of the above-mentioned adherence, Hungary under- takes to continue to assure such recognition and such protection to all literary and artistic works of the nationals of each of the Allied and Associated Powers to an extent at least as great as upon July 28, 1g14, and upon the same conditions.

ARTICLE 223.

Hungary undertakes to adhere to the following Conventions :

(1) Convention of September 26, 19o6, for the suppression of the use of white phosphorus in the manufacture of matches.

(2) Convention of December 31, 1913, regarding the unification of commercial statistics.

Ta. H.

34...
- 276 -

[108]

ARTICLE 224.

Each of the Allied or Associated Powers, being guided by the general principles or special provisions of the present Treaty, shall notify to Hungary the bilateral agreements of all kinds which were in force between her and the former Austro-Hun- garian Monarchy, and which she wishes should be in force as between her and

The notification referred to in the present Article shall be made either directly or through the intermediary of another Power.

Receipt thereof shall be acknowledged

in writing by Hungary.

The date of the coming into force shall be that of the

The Allied and Associated Powers undertake among themselves not to apply as between themselves and Hungary any agreements which are not in accordance with the terms of the present Treaty.

coming into force.

In case of any difference of opinion, the League of Nations will be called on to

A period of six months from the coming into force of the present Treaty is allowed to the Allied and Associated Powers within which to make the notification.

Only those bilateral agreements which have been the subject of such a notification shall be put in force between the Allied and Associated Powers and Hungary.

The above rules apply to all bilateral agreements existing between any Allied and

Associated Powers signatories to the present Trealy and Hungary, even if the said

Allied and Associated Powers have not been in a state of war with Hungary.

ARTICLE 225..

Hungary hereby recognizes that all treaties, conventions or agreements concluded by her, or by the former Austro-Hungarian Monarchy, with Germany, Austria,

Bulgaria or Turkey since August 1, 1g14, until the coming into force of the present

Treaty, are of no effect.

ARTICLE 226.

Hungary undertakes to secure to the Allied and Associated Powers, and to the offi- cials and nationals of the said Powers, the enjoyment of all the rights and advantages of any kind which she, or the former Austro-Hungarian Monarchy, may have granted to Germany, Austria, 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 are in force.

The Allied and Associated Powers reserve the right to accept or not the enjoyment of these rights and advantages.
[109]

= 277 - ARTICLE 227

Hungary recognises that all treaties, conventions or arrangements which she, or the former Austro-Hungarian Monarchy, concluded with Russia, or with any State or

Government of which the territory previously formed a part of Russia, or with

Koumania, before July 28, 1g14, or after that date until the coming into force of the present Treaty, are of no effect.

ARTICLE 228.

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 July 28, 1914, by reason of military occupation or by any

other means or for any other

cause, to grant or to aliow to be granted by the act of any public authorily, conces- sions, privileges and favours of any kind to the former Austro-Hungarian Monarchy, or to flungary or to an Hungarian 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 229.

From the coming into force of the present Trealy Hungary undertakes, so far as she is concerned, to give the Allied and Associated Powers and their nationals the benefit ipso facto of the rights and advantages of any kind which she or the former

Austro-Hungarian Monarchy has granted by treaties, conventions, or arrangements to non-belligerent States or their nationals since July 28, 1914, until the coming into force of the present Treaty, so long as those treaties, conventions or arrangement are in force for Hungary.

ARTICLE 230.

Those of the High Gontracting 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

Furthermore, they agree that ratification of the present Treaty should in the case reper hide are era it in of the Openion are to be deemed of al

Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1g: 4 for bringing the said Convention into force.

30
- 278 —

[no]

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.

SECTION MI.

DEBTS.

ARTICLE 231.

There shali 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 national 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 existence of a state of war;

(3) Interest which has accrued due before and during the war to a national of one of the Contracting Powers in respect of securities issued or taken over by an

Opposing Power, provided that the payment of interest on such securities to the nationals of that Power or to neutrals has not been suspended during the war;

(4) Capital sums which have become payable before and during the war to nation- als of one of the Contracting Powers in respect of securities issued by one of the

Opposing Powers, provided that the payment of such capital sums to nationals of that

Power or to neutrals has not been suspended during the war.

In the case of interest or capital sums payable in respect of securities issued or taken over by the former Austro-Hungarian Government the amount to be credited and paid by Hungary will be the interest or capital in respect only of the debt for which Hungary is liable in accordance with Part IX (Financial Clauses) of the present

Trealy, and the principles laid down by the Reparation Commission.

The proceeds of liquidation of enemy property, rights and interests mentioned in Section IV and in the Annex thereto will be accounted for through the Clearing

Offices, in the currency and at the rate of exchange hereinafter provided in para- graph (d), and disposed of by them under the conditions provided by the said

Section and Annex.
The settlements provided for in this Article shall be effected according to the foltowing principles and in accordance with the Annex to this Section :

(a) Each of the High Contracting Parties shall prohibit, as from the coming into force of the present Treaty, both the payment and the acceptance of payment of such debts, and also all communications between the interested parties with regard to the settlement of the said debts otherwise than through the Clearing Offices:

(6) Each of the High Contracting Parties shall be respectively responsible or the payment of such debts due by its nationals, except in the cases where before the war the debtor was in a state of bankruptcy or failure, or had given formal indication of insolvency, or where the debt was due by a company whose business has been liqui.

dated under emergency legislation during the war;

(e) The sums due to the nationals of one of the High Contracting Parties by the nationals of an Opposing State will be debited to the Clearing Office of the country of the debtor, and paid to the creditor by the Clearing Office of the country of the creditor;

(d) Debts shall be paid or credited in the currency of such one of the Allied and

Associated Powers, their colonies or protectorates, or the British Dominions or India, as may be concerned. It the debts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Asso.

cated Power, Colony, Protectorate, British Dominion or India, at the pre-war rate of exchange.

For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied or Associated country concern- ed during the month immediately preceding the outbreak of war between the said country concerned and Austria-Flungary.

If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concerned, then the above provisions concerning the rale of exchange shall not apply.

In the case of the new States of Poland and the Czecho-Slovak State the currency in which and the rate of exchange at which debts shall be paid or credited shall be determined by the Reparation Commission provided for in Part VII, unless they shall have been previously settled by agreement belween the States interested;

(e) The provisions of this Article and of the Annex hereto shall not apply a between Hungary on the one hand and any one of the Allied and Associated Powers other hand, unless within a period of one month from the deposit of the ratification of the present Treaty by the Power in question, or of the ratification on behalf of such Dominion or of India, notice to that effect is given to Hungary by the Govern- ment of such Allied or Associated Power or of such Dominion or of India as the case may be;

TR. H.

35.
Hungarian nationals. In this case the payments made by application of this provision will be subject to arrangements between the Allied and Associated Clearing Offices

ANNEX.

payment of enemy debts.

Local Clearing Offices may be established for any particular portion of the territories of the

High Contracting Parties.

Such local Clearing Offices may perform all the functions of a

central Clearing Office in their respective districts, except that all transactions with the Clear- ing Office in the Opposing State must be effected through the central Clearing Office.

In this Annex the pecuniary obligations referred to in the first paragraph of Article 231 are described as "enemy debts", the persons from whom the same are due as "enemy debtors", " the persons to whom they are due as "enemy creditors", the Clearing Office in the country of the creditor is called the "Creditor Clearing Office", and the Clearing Office in the country of the debtor is called the "Debtor Clearing Office".

3.

The High Contracting Parties will subject contraventions of paragraph (a) of Article 231 1o the same penalties as are at present provided by their legislation for trading with the

Those who have not prohibited trading with the enemy will enact provisions punish- ing the above-mentioned contraventions with severe penalties.

The High Contracting

Parties will similarly prohibit within their territory all legal process relating to payment of enemy debts, except in accordance with the provisions of this Annex.

The Government guarantee specified in paragraph (b) of Article 231 shall take effect whenever, for any reason, a debt shall not be recoverable, except in a case where at the date of the outbreak of war the debt was barred by the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. In süch case the procedure specified by this Annex shall apply to payment of the dividends.

The terms "bankruptcy" and "failure" refer to the application of legislation providing for

The expression "formal indication of insolvency bears the same

meaning as it has in English law.
L113]

- 281- 5.

and information required of them.

The High Contracting Parties will take all suitable measures to trace and punish collusion between enemy creditors and debtors.

The Clearing Offices will communicate to one another

any evidence and information which might help the discovery and punishment of such collusion.

amount of their debt.

The Greditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will, in due course, inform the Creditor Clearing Office which debts are admitted and which debts are contested.

In the latter case, the Debtor

Clearing Office will give the grounds for the non-admission of debt.

When a debt has been admitted, in whole or in part, the Debtor Glearing Office will at once credit the Greditor Clearing Office with the amount admitted, and at the same time notify it of such credit.

7.

The debt shall be deemed to be admitted in full and shall be credited forthwith to the

Creditor Clearing Office unless within three months from the receipt of the notification or such longer time as may be agreed to by the Creditor Clearing Office notice has been given by the Debtor Clearing Office that it is not admitted.

8.

When the whole or part of a debt is not admitted the two Clearing Offices will examine into the matter jointly and will endeavour to bring the parties to an agreement.

9.

The Greditor Clearing Office will pay to the individual creditor the sums credited to it out of the funds placed at its disposal by the Government of its country and in accordance with the conditions fixed by the said Government, retaining any sums considered necessary to cover risks, expenses or commissions.

10.

Any person having claimed payment of an enemy debt which is not admitted in whole or in part shall pay to the Clearing Office, by way of fine, interest at 5 per cent. on the part not admitted. Any person having unduly refused to admit the whole or part of a debt claimed from him shall pay, by way of fine, interest at 5 per cent. on the amount with regard to which his refusal shall be disallowed.

Such interest shall run from the date of expiration of the period provided for in para-
- 282 -

graph 7 until the date on which the claim shall have been disallowed or the debt paid.

Each Clearing Office shall in so far as it is concerned take steps to collect the fines above provided for, and will be responsible if such fines cannot be collected.

The fines will be credited to the other Clearing Office, which shall retain them as a contri- bution towards the cost of carrying out the present provisions.

11.

The balance between the Clearing Offices shall be struck every three months and the credit balance paid in cash by the debtor State within one month.

Nevertheless, any credit balances which may be due by one or more of the Allied and

Associated Powers shall be retained until complete payment shall bave been effected of the 'sums due to the Allied or Associated Powers or their nationals on account of the war.

12.

To facilitate discussion between the Clearing Offices each of them shall have a represen- tative at the place where the other is established.

13.

Except for special reasons all discussions in regard to claims will, so far as possible, take place at the Debtor Clearing Office.

14.

In conformity with Article 231, paragraph (6), the High Contracting Parties are respon- sible for the payment of the enemy debts owing by their nationals.

The Debtor Clearing Office will therefore credit the Creditor Clearing Office with all debts admitted, even in case of inability to collect them from the individual debtor. The

Governments concerned will, nevertheless, invest their respective Clearing Offices with all necessary powers for the recovery of debts which have been admitted.

15.

* Each Government will defray the expenses of the Clearing Office set up in its territory, including the salaries of the staff.

16.

... Where the two Clearing Offices are unable to agree whether a debt claimed is due, or in cașe of a difference between an enemy debtor and an enemy creditor or between the Clear- ing Offices, the dispute shall either be referred to arbitration if the parties so agree under conditions fixed by agreement between them, or referred to the Mixed Arbitral Tribunal provided for in Section VI hereafter.

At the request of the Creditor Clearing Office the dispute may, however, be submitted to the jurisdiction of the Courts of the place of domicile of the debtor.

17.

Recovery of suims found by the Mixed Arbitral Tribunal, the Court, or the Arbitration

Tribunal to be due shall be effected through the Clearing Offices as if these sums were debts admitted by the Debtor Clearing Office.
[n5]

- 283 1 18.

Each of the Governments concerned shall appoint an agent who will be responsible for the presentation to the Mixed Arbitral Tribunal of the cases conducted on behalt of its Clearing

Office. This agent will exereise a general control over the representatives or counsel employed by its nationals.

Decisions will be arrived at on documentary evidence, but it will be open to the Tribuna!

to hear the parties in person, or according to their preference by their representatives approv- ed by the two Governments, or by the agent referred to above, who shall be competent to intervene along with the party or to re-open and maintain a claim abandoned by the same.

19.

The Clearing Offices concerned will lay before the Mixed Arbitral Tribunal all the informa- tion and documents in their possession, so as to enable the Tribunal to decide rapidly on the cases which are brought before it.

20.

Where one of the parties concerned appeals against the joint decision of the two Glearing

Offices he shail make a deposit against the costs, which deposit shall only be refunded wher the first judgment is modified in favour of the appellant and in proportion to the success he may attain; his opponent in case of such a refund being required to pay an equivalent proportion of the costs and expenses. Security accepted by the Tribunal may be substi- tuted for a deposit.

A fee of 5 per cent. of the amount in dispute shall be charged in respect of all cases brought before the Tribunal.

This fee shall, unless the Tribunal directs otherwise, be borne

by the unsuccessful party.

Such fee shall be added to the deposit reterred to. It is also

independent of' the security.

The Tribunal, may award to one of the parties a sum in respect of the expenses of the proceedings.

Any sum payable under this paragraph shall be credited to the Clearing Office of the successful party as a separate item.

21.

With a view to the rapid settlement of claims, due regard shall be paid in the appointment of all persons connected with the Clearing Offices or with the Mixed Arbitral Tribunal to their knowledge of the language of the other country concerned.

Each of the Clearing Offices, will be at liberty to correspond with the other and to forward documents in its own language.

22.

Subject to any special agreement to the contrary between the Governments concerned, debts shail carry interest in accordance with the following provisions:

Interest shall not be payable on sums of money due by way of dividend, interest, or oth eriodical payments. which themselves represent interest on capit

The rate of interest shall be 5 per cent. per annum, except in cases where, by dontract,

TE. H.

du..
- 284-

[116]

law or custom, the creditor is entitled to payment of interest at a difforent rate.

cases the rate to which he is entitled shall prevail.

Interest shall run from the date of commencement of hostilities (or, if the sum of moncy to be recovered tell due during the war, from the date at which it tell due) until the sum is credited to the Clearing Office of the creditor.

Sums due by way of interest shall be treated as debts admitted by the Clearing Oflices and shail be credited to the Creditor Clearing Office in the same way as such debts.

' 23.

Where by decision of the Clearing Offices or the Mixed Arbitral Tribunal a claim is held not to fall within Article 231, the creditor shall be at liberty to prosecute the claim before the Courts or to take such other proceedings as may be open to him.

The presentation of a claim to the Clearing Oflice suspends the operation of any period of prescription.

24.

The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.

25.

In any case where a Greditor Clearing Office declines to notify a claim to the Debtor

Clearing Office, or to take any step provided for in this Annex intended to make effective in whole or in part a request of which it has received due notice, the enemy creditor shall be entitled to receive from the Clearing Office a certificate setting out the amount of the claim, and shall then be entitled to prosecute the claim before the courts or to take such other proceedings as may be open to him.

SECTION IV.

PROPERTY, RIGHTS AND INTERESTS.

ARTICLE 232.

1. The queslion of private properly, aghts and interests in an enemy couniry snal be settled according to the principles laid down in Ibis Section and to the provi- sions of the Annex hereto.

(a) The exceptional war measures and measures of transfer (defined in paragraph 3 of the Annex hereto) taken in the territory of the former Kingdom of Hungary with respect to the property, rights and interests of nationals of Allied or Associated owers, including companies and associations in which they are interested, who quidation has not been completed, shall be immediately discontinued or stayed an the property, rights and interests concerned restored to their owners.
[u7l

— 285:—

(b) Subject to any contrary stipulations which may be provided for in the present

Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests which belong at the date of the coming into force of the present Treaty to nationals of the former Kingdom of Hungary, or companies ontrolled by them, and are within the territories, colonies, possessions and proter orates of such Powers (including territories ceded to them by the present Treaty or which are under the control of those Powers.

The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned, and the owner shall not be able to dispose of such property, rights or interests nor to subject them to any charge without the consent of that State

Persons who within six months of the coming into force of the present Treaty how that they have acquired ipso facto in accordance with its provisions the nationa- lity of an Allied or Associated Power, including those who under Article 62 obtain

(e) The price or the amount of compensation in respect of the exercise of theright referred to in paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.

(d) As between the Allied and Associated Powers and their nationals on the one hand and nationals of the former Kingdom of Hungary on the other hand, as also between Hungary on the one hand and the Allied and Associated Powers and their nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such measures as defined in paragraphs 1 and 3 of the Annex hereto shail be considered as final and binding upon all persons except as regards the reservations laid down in the present Treaty.

(e) The nationals of Allied and Associated Powers shall be entitled to compensation in respect of damage or injury inflicted upon their property, rights or interests, including any company or associalion in which they are interested, in the terri- tory of the former Kingdom of Hungary, by the application either of the exceptional war measures or measures

of transfer mentioned in paragraphs 1. and 3 of the

Annex hereto. The claims made in this respect by such nationals shall be investi gated, and the total of the compensation shall be delermined by the Mixed Arbitral

Tribunal provided for in Section VI or by an arbitrator appointed by that Tribunal.

This compensation shall be borne by Hungary, and may be charged upon the property of nationals of the former Kingdom of Hungary, or companies controlled by them, as defined in paragraph (b), within the territory or under the control of the claimant's

State.

This property may be constilused as a pledge for enemy liabilities under the conditions fixed by paragraple 4 of the Annex hereto. The payment of this

TR. H.

36
_. 286.

{18]

compensation may be inade by the Allied or Associated State; and the amount will be debited to Hungary.

() Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in the territory of the former

Kingdom of Hungary and expresses a desire for its restitution, his claim for compensation in accordance with paragraph (e) shall be satisfied by the restitution of the said pro- perty if it still exists in specie.

In such case Hungary shall lake all necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which it may have been charged after the liquidation, and to indemnity all third parties injur- ed by the restitution.

provided for in the Annex to Section Ill may he made, in order to secure that the nátional of the Allied or Associated Power may secure compensation for the injury referred to in paragraph (e) by the grant of advantages or equivalents which he agrees to accept in place of the property, rights or interests of which he was deprived.

Through restitution in accordance with this Article, the price or the amount of loss of use or deterioration.

(9) The rights conferred by paragraph (J) are reserved to owners who are nation- als of Allied or Associated Powers within whose territory legislative measures pres- cribing the general liquidation of enemy property, rights or interests were not applied before the signature of the Armistice.

(k) Except in cases where, by application of paragraph (J); restitutions in specie this Article, and in general all cash assets of enemies, other than proceeds of sales of property or cash assets in Allied or Associated countries belonging to persons covered by the tast sentence of paragraph (6) above, shall be dealt with as follows:

(1) Asregards Powers adopting Section I and the Annex thereto, the said pro- ceeds and cash assets shall be credited to the Power of which the owner is a national.

through the Clearing Office established thereunder; any credit balance in favour of

Hungary resulting therefrom shall be dealt with as provided in Article 173, Part

VIll (Reparation) of thie present Treaty.

(2) As regards Powers not adopting Section Ill and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or

Associated Powers held by Hungary shall be paid immediately to the person entitled thereto or 1o his Government; the proceeds of the property, rights and interests, and the cash assets, of nationals of the former Kingdom of Hungary, or companies controlied by them, as defined in paragraph (b), received by an Allied or Associated Power shall be subjeci to disposal by such Power in accordance with its laws and regula-
[g]

- 287 -

tions and may be ápplied in payment of the claims and debts defined by this Article or paragraph 4 of the Annex hereto. Any such property, rights and interests or proceeds thereof or cash assets not used as above provided may be retained by the said

Allied or Associated Power, and if retained, the cash value thereof shall be dealt with as provided in Article 173, Part VIII (Reparation) of the present Treaty.

(i) Subject to the provisions of Article 250, in the case of liquidations effected in new States, which are signatories of the present Treaty as Allied and Associated

Powers, or in States which are not entitled to share in the reparation payments to be made by Hungary, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Articles 165, Part VIII (Reparation) and 194, Part IX (Financial Clauses), be paid direct to the owner. If, on the application of that owner, the Mixed Arbitral Ir- bunal provided for by Section VI of this Part, or an arbitrator appointed by that

Tribunal, is satisfied that the conditions of the sale or measures taken by the Govern- ment of the State in question outside its general legislation were unfairly prejudicial to the price obtained, they shall have discretion to award to the owner equitable com- pensation to be paid by that State.

(j) Hungary undertakes to compensate her nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.

(k) The amount of all taxes or imposts on capital levied or to be ievied by Hungary on the property, rights and interests of the nationals of the Allied or Associated

Powers from November 3, 1918, until three months from the coming into force of the present Treaty, or, in the case of property, rights or interests which have been subjected to exceptional measures of war, until restitution in accordance with the pre- sent Treaty, shall be restored to the owners.

•Il. Subject to the preceding provisions, all measures other than those above re- ferred to taken by the de jure or de facto authorities in the territory of the former

Kingdom of Hungary between November 3, 1918; and the coming into force of the present Treaty, and causing injury to the property, rights and interests of the Allied and Associated Powers or their nationals, including companies and associations in which they were interested, are declared null and void.

The provisions of paragraphs (a), (e), (f), (h) and (k) above apply to property, rights and interests which belong to nationals of the Allied and Associated Powers, including companies and associations in which they were interested, and which have lations or of acts of violence on the part of the de jure or de facto authorities which have existed in Hungary, or of the Hungarian population.

II. Companies and associations include in particular the Orthodox Greek commu ities established in Buda-Pesth and other Hungarian towns, as well as pious an other foundations, when nationals of the Allied and Associated Powers are interested in such communities or foundations.

TR. H.
IV. No forfeiture on account of failure to complete any formality or make any de-

which they were interested.

ArtIcLe 233.

Hungary undertakes, with regard to the property, rights and interests, including companies and associations in which they were interested, restored to nationals of

Allied and Associated Powers in accordance with the provisions of Article 232:

(a) to restore and maintain, except as expressly provided in the present Treaty he property, rights and interests of the nationals of Allied or Associated Powers i he legal position obtaining in respect of the property, rights and interests of national f'the former Kingdom of Hungary under the laws in force before the war

(6) not to subject the property, rights or interests of the nationals of the Allied or

Associated Powers to any measures in derogation of property rights which are not applied equally to the property, rights and interests of Hungarian nationals, and to.

pay adequate compensation in the event of the application of these measures.

ANNEX.

1.

In accordance with the provisions of Article 232, paragraph (d), the validity of vesting orders and of orders for the winding up of businesses or companies, and of any other orders, directions, decisions or instructions of any court or any department of the Government of any of the High Contracting Parties made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy properly, rights and interests is confirm- The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision or instruction dealing with property in which they may be interested; whether or not such interests are specifically mentioned in the order, direction,

No question shall be raised as to the regularity of a transfer of any

property, rights or interests dealt with in pursuance of any such order, direction, decision or

Every action taken with regard to any property, business or company,

whe-

ther as regards its investigation, sequestration, compulsory administration, use, requisition;

supervision or winding. up, the sale or management of property, rights or interests, the collection or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions or instructions of any court or of any department of the Government of any of the High Contracting Parties, made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights or interests, is confrmed.

Provided that the provisions of this

paragraph shall not be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of the country in which the property is situated by nationals of the Allied and Associated Powers.
[121]

- 289

The provisions of this paragraph do not apply to such of the above-mentioned measures as have been taken by the former Austro-Hungarian Government in invaded or occupied territory, nor to such of the above-mentioned measures as have been taken by Hungary or the flungarian authorities since November 3, 1918, all of which measures shall be void.

2.

No claim or action shall be made or brought against any Allied or Associated Power or against any person acting on behalt of or under the direction of any legal authority or departient of the Government of such a Power by Hungary or by any Hungarian national or by or on behalf of any national of the former Kingdom of Hungary wherever resident in respect of any act or omission with regard to his property, rights or interests during the war or in preparation for the war.

Similarly no claim or action shall be made or brought

against any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied or Associated Power.

3.

In Article 232 and this Annex the expression "exceptional war measures" includes measures of all kinds, legislative, administrative, judicial or others, that have been taken or will be taken hereafter with regard to enemy property, and which have had or will have the effect of removing from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory adminis- tration, and of sequestration; or measures which have had or will have as ari object the seizure of, the use of, or the interference with enemy assets, for whatsoever motive, under whatsoever form or in whatsoever place.

Acts in the execution of these measures include all

detentions, instructions, orders or decrees of Government departments or courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collecting of credits, the payment of any costs, charges or expenses, or the col lecting of fees.

Measures of transfer are those which have affected or will affect the ownership of enemy property by transferring it in whole or in part to a person other than the enemy owner, and without his consent, such as measures directing the sale, liquidation or devolution of owner- ship in enemy property, or the cancelling of titles or securities.

4.

All property, rights and interests of nationals of the former Kingdom of Hungary within the territory of any Allied or Associated Power and the net proceeds of their sale, liquida- tion or other dealing therewith may be charged by that Allied or Associated Power in the first place with payment of amounts due in respect of claims by the nationals of that Allied or

Associated Power with regard to their property, rights and interests, including companies and associations in which they are interested, in territory of the former Kingdom of Hungary or debts owing to them by Hungarian nationals, and with payment of claims growing out of acts committed by the former Austro-Hungarian Government or by any Hungarian authorities since July 28, 1914, and before that Allied or Associated Power entered into the war.

The amount of such clairs may be assessed by an arbitrator appointed by

M. Gustave Ador, it he is willing, or if no such appointment is made by him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided. for in Section VI.

They may be 36..
[122]

arged in the second place with payment of the amounts due in respect of claims by t tionals of such Allied or Associated Power with regard to their property, rights and in rests in the territory of other enemy Powers, in so far as those claims are otherwise unsatisfied.

5.

Notwithstanding the provisions of Article 232, where immediately before the outbreak of war a company incorporated in an Allied or Associated State had rights in common with a company controlled by it and incorporated in Hungary to the use of trade-marks in third countries, or enjoyed the use in common with such company of unique means of reproduction i goods or articles for sale in third countries, the former company shall alone have th ight to use these trade-marks in third countries to the exclusion of the Hungarian company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action taken under war legislation in force in the Austro-Hungarian

Monarchy with regard to the latter company or its business, industrial property or shares.

Nevertheless, the former company, if requested, shall deliver to the latter company deri- vative copies permitting the continuation of reproduction of articles for use in Hungary.

в.

Up to the time when restitution is carried out in accordance with Article 232, Hungary is responsible for the conservation of property, rights and interests of the nationals of Allied or Associated Powers, including companies and associations in which they are interested, that have been subjected by her to exceptional war measures.

%.

Within one year from the coming into force of the present Treaty the Allied or Associated

Powers will specify the property, rights and interests over which they intend to exercise the right provided in Article 232, paragraph (J).

The restitution provided in Article 232 will be carried out by order of the Hungarian

Government or of the authorities which have been substituted for it.

the action of administrators shall be furnished to the interested persons by the Hungarian authorities upon request, which may be made at any time after the coming into force of the

9.

Until completion of the liquidation provided for by Article 232, paragraph (b), the property, rights and interests of the persons referred to in that paragraph will continue to be subject to exceptional war measures that have been or will be taken with regard to them.

10.

Hungary will, within six months from the coming into force of the present Treaty, deliver to each Allied or Associated Power all securities, certificates; deeds or other docu-
ments of title held by its nationals and relating to property, rights or interests situated in the territory of that Allied or Associated Power; including any shares, stock, debentures, deben- ture stock or other obligations of any company incorporated in accordance with the laws of

Hungary will at any time on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights and interests of Hungarian transactions concerning such property, rights or interests effected since July 1, 1914.

The expression "cash assets" includes all deposits or funds established before or after the existence of a state of war, as well as all assets coming from deposits, revenues, or profits collected by administrators, sequestrators, or others.

from funds placed on deposit or

otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, Provinces or Municipalities.

12

All investments wheresoever effected with the cash assets of nationals of the High

Contracting Parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons or of any authority Whatsoever, shall be annulled.

These cash assets. shall be accounted for irrespective of any such

13.

Within one month from the coming into force of the present Treaty, or on demand at any time, Hungary will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents and information of any kind which may be within Hungarian territory, and which concern the property, rights and interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in the territory of the former Kingdom of Hungary or in territory occupied by that Kingdom or its allies.

The controllers, supervisors, managers, administrators, sequestrators, liquidators and receivers shall be personally responsible under guarantee of the Hungarian Government for the immediate delivery in full of these accounts and documents, and for their accuracy.

14.

The provisions of Article 232 and this Annex relating to property, rights and interests in an enemy country, and the procecds of the liquidation thereof, apply to debts, credits and accounts, Section III regulating only the method of payment.

In the settlement of matters provided for in Article 232 between Hungary and the Allied or Associated Powers, their colonies or protectorates, or any one of the British Dominions or

India, in respect of any of which a declaration shall not have been made that they adopt
_ 292 -

[124]

Section IlI, and between their respective nationals, the provisions of Section Ill respecting the currency in which payment is to be made and the rate of exchange and of interest shali apply unless the Government of the Allied or Associated Power concerned shall within six months of the coming into force of the present Treaty notify Hungary that one or more of the said provisions are not to be applied.

15.

The provisions of Article 232 and this Annex apply to industrial, literary and artistic property which has been or will be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Altied or Associated Powers, or in accordance with the stipulations of Article 232, paragraph (b).

SECTION V.

CONTRACTS, PRESCRIPTIONS, JUDGMENTS.

ARTICLE 234.

(a) Any contract concluded between enemies shall be regarded as having been dissolved as from the time when any two of the parties became enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the exceptions and special rules with regard to par- tichlar contracts or classes of contracts contained herein or in the Annex hereto.

(b) Any contract of which the execution shall be required in the general interest, within six months from the date of the coming into force of the present Treaty, by the Government of the Allied or Associated Power of which one of the parties is a national, shall be excepted from dissolution under this Article.

When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral

Tribunal provided for by Section VI shall be empowered to grant to the prejudiced party equitable compensation:

(c) Having regard to the provisions of the constitution and law of the United Stales of America and of Japan, neither the present Article, nor Article 235, nor the

Annex hereto shall apply to contracts made between nationals of these States and nationals of the former Kingdom of Hungary; nor shall Article 240 apply to the Unit- ed States of America or its nationals.

(d) The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire under the
present Treaty the nationality of an Allied or Associated Power, nor shall they apply to contracts belween nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy.

(e) Nothing in the present Article or the Annex hereto shall be deemed to invalidate a transaction lawfully carried out in accordance with a contract between enemies if it has been carried out with the authority of one of the belligerent Powers.

ARTICLE 235.

(a) All periods 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 for the duration of the war.

They shall begin to run again at earliest

three months after the coming into force of the present Treaty.

This provision shall

apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground.

(b). Where, on account of failure to perform any act or comply with any formality during the war, measures of execution have been taken in the territory of the former

Kingdom of Hungary to the prejudice of a national of an Allied or Associated Power;

the claim of such national shall, if the matter does not fall within the competence

• of the Courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tri- bunal provided for by Section VI.

(c) Upon the application of any interested person who is a national of an Allied or Associated Power the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in paragraph (b), wherever, having regard to the particular circumstances of the case, such restoration is equitable and possible.

If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party 1o be paid by the Hungarian Government, (el) Where a contract between enemies has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Mixed Arbi- tral Tribunal for relief. The Tribunal will have the powers provided for in paragraph (c).

(e) The provisions of the preceding paragraphs of this Article shall apply to the nationals of Allied and Associated Powers who have been prejudiced by reason ol incasures referred to above taken by the autborities of the former Hungarian Govern- ment in invaded or occupied territory, if they have not been otherwise compensated.

(V) Hungary shall compensate any third party who may be prejudiced by any restitution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.
(g) As regards negotiable instruments, the period of three months provided under paragraph (a) shall commence as from the dale on which any exceptional regulations applied in the terrilories of the interested Power with regard to negotiable instruments shall have definitely ceased to have force.

ARTICLE 236.

s between enemies no negotiable instrument made before the war shall b leemed to have become invalid by reason only of failure within the required time t present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or indorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or поп- payment should have been given to the drawer or indorser, or within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non- acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may

ARTICLE 237.

Judgments given by the Courts of an Allied or Associated Power in all cases which, under the present Treaty, they are competent to decide, shall be recognised in

Hungary as final, and shall be enforced without it being necessary to have them declared executory,

If a judgment or measure of execution in respect of any dispute which may have arisen has been given, during the war by a judicial authority of the former Kingdom of Hungary against a national of an Allied or Associated Power, or a company or asso- ciation in which one of such nationals was ințerested, in a case in which either such national or such company or association was not able to make their defence, the

Allied and Associated national who has suffered prejudice thereby shall be entitled to recover compensation to be fixed by the Mixed Arbitral Tribunal provided for in

At the instance of the national of the Allied or Associated Power the compensation above-mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the Hungarian Court.

The above compensation may likewise be obtained before the Mixed Arbitral Tri- bunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated.
[127]

- 295- ARTICLE 238.

and the coming into force of the present Treaty.

ANNEX.

I. General Provisions.

Within the meaning of Articles 234, 235 and 236, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise became unlawful under laws, orders or regulations to which one of those parties was subject.

They shall be deemed to have become enemies from the date when such trading was prohi- bited or otherwise became unlawful.

2.

The following classes of contracts are excepted from dissolution by Article 234 and, without prejudice to the rights contained in Article 232 (b), remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and

Associated Powers and subject to the terms of the contracts :

(a) Contracts having for their object the transler of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;

(b) Leases and agreements for leases of land and houses;

(c) Contracts of mortgage, pledge or tien ;

(d) Concessions concerning mines, quarries or deposits;

(e) Contracts between individuals or companies and States, provinces, municipalities or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities or other similar juridical persons charged with admi- nistrative functions.

3.

If the provisions of a contract are in part dissolved under Article 234; the remaining provisions of that contract shall, subject to the same application of domestic laws as is pro- In. HI.
- 296 —

1138]

vided for in paragraph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety.

II. Provisions relating to certain classes of Contracts.

Stock Exchange and Commercial Exchange Contracts.

4.

(a) Rules made during the war by any recognised Exchange or Commercial Association go ding co doing in d ended nio be here bye, ready are confirmed

(1) that the contract was expressed to be made subject to the rules of the Exchange or

Association in question;

(2) that the rules applied to all persons concerned;

(3) that the conditions attaching to the closure were fair and reasonable.

(c) The closure of contracts relating to

"futures", which were closed as on

July 31, 1g14, under the decision of the Liverpool Cotton Associationi, is also con-

Security.

5.

The sale of a security held for an unpaid debt owing by an enemy shall be deemed to have been valid irrespective of notice to the owner if the creditor acted in good faith and with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted.

This stipulation shall not apply to any sale of securities éflected by an enemy during the occupation in regions invaded or occupied by the enemy.

Negoliable Instruments.

6.

As regards Powers which adopt Section Ill and the Annex thereto the pecuniary obligations existing between enemies and resulting from the issue of negotiable instruments shall be adjusted in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall assume the rights uf the holder as regards the various remedies open to him.
[12g]

- 297- 7.

If a person has either before or during the war become liable upon a negotiable instru- ment in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shatt remain liable to indemnity the former in respect of his liability notwithstanding the outbreak of war.

II. Contracts of Insurance.

8.

Contracts of insurance entered into by any person with another person who subsequently became an enemy will be dealt with in accordance with the following paragraphs.

Fire Insarance.

9.

Contracts for the insurance of property against fire entered into by a person interested in such property with another 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 becom ing an enemy, or on account of the failure during the war and for a period of three.

months thereafter to perform his obligations under the contract, but they shall be dissolved at the date when the annual premium becomes payable for the first time after the expira- tion of a period of three months after the coming into force of the present Treaty.

A settlement shail be effected of unpaid premiums which became due during the war or of claims for losses which occurred during the war.

10.

Where by administrative or legislative action an insurance against fire effected before the war has been transferred during the war from

the original to another insurer, the

transfer will be recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer.

The original insurer will, however, be entitled to

receive on demand full information as to the terms of the transfer, and it it should appear that these terms were not equitable they shall be amended so far as may be necessary to render them equitable.

Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the demand.

Life Insurance.

11,

Contracts of lite insurance entered into between an inster 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.

TA. H.
Any sum which during the war became due upon a contract deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at five per cent. per annum from the date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to rion-payment of premiums, or ha become void from breach of the conditions of the contract, the assured or his representative:

or the persons entitled shall have the right at any time within twelve months of the coming nto force of the present Treaty to claim from the insurer the surrender value of the policy al the date of its lapse or avoidance.

Where the contract has lapsed during the war owing to non-payment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums wist interest at live per cene. per annum within three months from the coming into force of the present Treaty.

12.

Where contracts of life insurance have been entered into by a local branch of an insurance company established in a country which subsequently became an enemy country, the con ract shall, in the absence of any sup overed by the local fan of ahe super shal be entitled tary em and frontact insured o his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.

13.

In any case where by the law applicable to the contract the insurer remains bound by the contract notwithstanding the non-payment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled, where the giving of such notice was prevented by the war, to recover the unpaid premiuras with interest at five per cent.

per annum from the insured.

14.

Insurance contracts shall be considered as contracts of life assurance for the purpose of paragraphs Il to 13 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two parties.

Marine Insurance.

15.

Contracts of marine insurance including time policies and voyage policies entered into between an insurer and a person who subsequently became an enemy shall be deemed to
[131]

1 299-

have been dissolved on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he became an enemy.

Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.

' Where the risk had attached effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.

In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after.

the war, such interest shall in the case of losses recoverable under contracts of marine insur- ance run from the expiration of a period of one year from the date of the loss.

I6.

No contract of marine insurance with an insured person who subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies or associales of such Power.

17.

Where it is shown that a person who had before the war entered into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.

Other Insurances.

18.

Contracts of insurance entered into before the war between an insurer and a person who subsequently became an enemy, other than contraots dealt with in paragraphs 9to 17, shall be treated in all respects on the same footing as contracts of fire insurance between the same _persons would be dealt with under the said paragraphs.

Re-insarance.

19.

All treaties of re-insurance with a person who became an enemy shali be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sunas due in respect of such risks.

Tr. H

37...
Nevertheless if, owing to invasion, it bas been impossible for the re-insured to find another re-insurer, the treaty shall remain in force until three months after the coming into force of the present Treaty.

Where a re-insurance treaty becomes void under this paragraph, there shall be an adjust- ment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risks which had attached before the war.

In the case of risks other than those mentioned in paragraphs 11 to 17 the adjustrent of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date.

20.

The provisions of the preceding paragraph will extend equally to re-insurances existing al the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than life or marine risks.

21.

Re-insurance of life risks effected by particular contracts and not under any general treaty remain in force.

22.

In case of a re-insurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war; remain valid and effect be given to the contract notwithstanding the out- break of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall be recoverable after the war.

23.

The provisions of paragraphs 16 and 17 and the last part of paragraph 15 shall apply to contracts for the re-insurance of marine risks

SECTION VI.

MIXED ARBITRAL TRIBUNAL.

ARTICLE 239.

• Within three months from the coming into force of the present Treaty, ixed Arbitral Tribunal shall be established between each of the Alled and Associ
ted Powers on the one hand and Hungary on the other hand. Each such Tribunal shall consist of three members.

Each of the Governments concerned shall appoint

one of these members.

The President shall be chosen by agreement between the

two Governments concerned.

In case of failure to reach agreement, the President of the Tribunal and two other persons, either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Ador if he is willing.

These persons shall be nationals of Powers that have remained neu- tral during the war.

If in case there is a vacancy a Government does not proceed within a period of one month to appoint as provided above a member of the Tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President.

The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

(b) The Mixed Arbitral Tribunals established pursuant to paragraph (a) shall decide all questions within their competence under Sections II, IV, V and VII.

In addition, all questions, whatsoever their nature, relating to contracts concluded before the coming into force of the present Treaty between nationals of the Allied and Associated Powers and Hungarian nationals shall be decided by the Mixed Arbi- tral Tribunal, always excepting questions which, under the laws of the Allied, Associa- led or Neutral Powers, are within the jurisdiction of the national courts of those Powers.

Such questions shall be decided by the national courts in question, to the exclusion of the Mixed Arbitral Tribunal.

The party who is a national of an Allied or Associa-

ted Power may nevertheless bring the case before the Mixed Arbitra! Tribunal if this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be appointed and each Mixed Arbitral Tribunal shall sit in divisions.

Each of these divisions will be

constituted as above.

(a) Each Mixed Arbitral Tribunal will settle its own procedure except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.

(e) Each Government will pay the remuneration of the member of the Mixed

Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal.

The remuneration of the President will be deter-

mined by special agreement between the Governments concerned; and this remuner- ation and the joint expenses of each Tribunal will be paid by the two Governments in equal moieties.

(f) The High Contracting Parties agree that their courts and authorities shall render to the Mixed Arbitral Tribunals direct all the assistance in their power, partic- TR. H.

38
- 302 —

AniL Tri an a ride go to to and to lain of to lied

ANNEX.

l.

Should one of the members of the Tribunal either die, retire or be unable for any reason whatever to discharge his functions, the same procedure will be followed for filling the vacancy as was followed for appointing him.

2.

The Tribunal may adopt such rules of procedure as shall be in accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence.

3.

thereon, win like recopd of his questions and cases submited and the proceedings

5.

formance of its duties.

6.

2e Tribunal shall decide all questions and matters submitted upon such evidence a formation as mav be furnished by the parties concern
[135]

- 303 ~ 7.

The High Contracting Parties agree to give the Tribunal all facilities and information required by it for carrying out its investigations.

8.

Associated Power concerned.

g.

The place and time for the meetings of each Tribunal shall be determined by the Presi- dent of the Tribunal.

ARTICLE 240.

Whenever a competent court has given or gives a decision in a case covered by

Sections III, IV, V or VII, and such decision is inconsistent with the provisions of such Sections, the party who is prejudiced by the decision shalt be entitled to obtain redress which shall be fixed by the Mixed Arbitral Tribunal.

At the request of the

national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbitral Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the court of the former Kingdom of Hungary.

SECTION VII.

INDUSTRIAL PROPERTY.

ARTICLE 241.

Subject to the stipulations of the present Trealy, rights of industrial, literary and artistic properly, as such property is defined by the International Conventions of

Paris and of Berne, mentioned in Articles 220 and 222, 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 their legal representatives.

Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or 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

Nevertheless, all acts done by virtue of the special measures taken during the war under legislative, executive or administrative authority of any Allied or Associated

Power in regard to the rights of nationals of the former Kingdom of Hungary in

TE. H.

38.
— 304 ÷

[136]

industrial, literary or artistic property shall remain in force and shall continue to maintain their futt effect.

No claim shall be made or action brought by Hungary or Hungarian nationals or

industrial, literary or artistic property, nor in respect of the sale, offering for sale, or use of any products, articles or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in force at the moment of the signature of the present Treaty otherwise directs, sums due or paid in respect of the property of persons referred to in Article 232 (b) in virtue of any act or operation resulting from the execution of the special measures men- tioned in the second paragraph of this Article shall be dealt with in the same way as other sums due to such persons are directed to be dealt with by the present Treaty;

and sums produced by any special measures taken by the Government of the former

Kingdom of Hungary in respect of rights in industrial, literary or artistic property belonging to the nationals of the Allied or Associated Powers shall be considered and treated in the same way as other debts due from Hungarian nationals.

Each of the Allied and Associated Powers reserves to itself the right to impose such limitations, conditions or restrictions on rights of industrial, literary of artistic property (with the exception of trade-marks) acquired before or during the war, or which may be subsequently acquired in accordance with its legislation; by Hungarian nationals, whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest, or for assuring the fair treatment by

Hungary of the rights of industrial, literary and artistic property held in Hungarian territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Hungary in the present Treaty.

Asregards rights of industrial, literary

and artistic property acquired after the coming into force of the present Treaty, the right so reserved by the Allied and Associated Powers shall only be exercised in cases where these limitations, conditions or restrictions may be considered necessary for national defence or in the public interest.

In the event of the application of the provisions of the preceding paragraph by any

Allied or Associated Power, there shall be paid reasonable indemnities or royalties, which shall be dealt with in the same way as other sums due to Hungarian nationals are directed to be dealt with by the present Treaty.

Each of the Allied or Associated Powers reserves the right to treat as void and of no effect any transfer in whole or in part of or other dealing with rights of or in respect of industrial, literary or artistic property effected after July 28, 1914, or in the future.

which would have the result of defeating the objects of the provisions of this

Article.

The provisions of this Article shall not apply to rights in industrial, literary or artistic property which have been dealt with in the liquidation of businesses or com- panies under war legislation by the Allied or Associated Powers, or which may be so dealt with by virtue of Article 232, paragraph (b).
[137]

- 305 」

ARTIGLE 242.

A minimum of one year after the coming into force of the present Trealy shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving or opposing rights to, or in respect of, industrial property either acquired before July 28, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance, but nothing in this Article shall give any right to re-open interference proceedings in the United

States of America where a final hearing has taken place.

All rights in, or in respect of, such property which may have lapsed by reason of any failure to accomplish any act, fulfil any formality, or make any payment, shall revive, but subject in the case of patents and designs to the imposition of such condi- tions as each Allied or Associated Power may deem reasonably necessary for the pro.

lection of persons who have manufactured or made usé of the subject matter of such property while the rights had lapsed.

Further, where rights to patents or designs

belonging to Hungarian nationals are revived under this Article, they shall be subject in respect of the grant of licences to the same provisions as would have been applicable to them during the war, as well as to all the provisions of the present Treaty.

The period from July 28, 1914, until the coming into force of the present

Treaty shall be excluded in considering the time within which a patent should be worked of a trade mark or design used, and it is further agreed that no patent, registered trarle mark or design in force on July 28, 1914, shall be subject to revocation or cancellation by reason only

of the failure to work such patent or

use such trade mark or design for two years after the coming into force of the present Treaty.

ARTICLE 243.

The rights of priority provided by Article 4 of the International Convention for the Protection of Industrial Property of Paris of March 20, 1883, revised at Wash- inglon in 1911, or by any other Convention or Statute, for the filing or regis- tration of applications for palents or models of utility, and for the registration of trade marks, designs and models which had not expired on July 28, 1914, and those which have arisen during the war, or would have arisen but for the war, shall be extended by each of the High Contracting Parties in favour of all nationals of the other High Contracting Parties for a period of six months after the coming into force of the present Treaty.

Nevertheless, such extension shall in no way affect the right of any of the High

Contracting Parties or of any person who before the coming into force of the present

Treaty was bond fide in possession of any rights of industrial property conflicting with rights applied for by another who claims rights of priority in respect of them, to exercise such rights by itself or himself personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the present Treaty;

TR. H.

38..
- 306

[138]

and such persons shall not be amenable to any action or other process of law in respect of infringement.

ARTICLE 244.

. No action shałl be brought aid no claim made by nationals of the former Kingdom of Hungary, or by persons residing or carrying on business within the territor f that Kingdom on the one part, and on the other part by persons residing o carrying on business in the territory of the Allied or Associated Powers, or persons who are nationals of such Powers respectively, or by any one deriving title during he war from such persons, by reason of any action which has taken place within the

Articles 242 and 243.

Equally, no action

for infringement of industrial, literary or artistic property

rights by such persons shall at any time be permissible in respect of the sale or offer- ing for sale for a period of one year after the signature of the present Treaty in the territories of the Allied

or Associated Powers on the one hand or Hungary on the

other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the present Treaty, or against those who have acquired and continue to use them.

understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the dis- tricts occupied by the Austro-Hungarian armies during the war.

This Article shall not apply as between the United States of America on the one hand and Hungary on the other.

ARTICLE 245.

Licences in respect of industrial, literary

or artistic properly concluded betore

the war between nationals of the Allied or Associated Powers or persons residing in their territory or carrying on business therein, on the one part, and nationals of the former Kingdom of Hungary, on the other part, shall be considered as cancelled as from the date of the existence of a state of war between the former Austro-Hungarian

Monarchy and the Allied or Associated Power.

But, in any case, the former

beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the pro- prietor 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 duly qualified tribunal in the country under whose legislation the rights had been acquired, except in the case of licences held in respect of rights acquired under the law of the former Kingdom of lungary. In such cases the conditions shall be fixed by the Mixed Arbitral Tribuna referred to in Section VI of this Part.

The tribunal may, if necessary, fix also the

amount which it may deem just should be paid by reason of the use of the rights during the war:

No licence in respect of industrial, literary

or artistic property, granted under
1 307ト

the special war legislation of any Allied or Associated Power, shall be affected by thie continued existence of any licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence enter- ed into before the war shall be considered as substituted for such licence.

Where sums have been paid during the war in respect of the rights of persons referred to in Article 232 (6) by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt with in the same manner as other debts or credits of such persons as provided by the present Treaty.

This Article shall not apply as between the United States of America on the one hand and Hungary on the other.

SECTION VIII.

SPECIAL PROVISIONS RELATING TO TRANSFERRED TERRITORY.

ARTICLE 246.

Of the individuals and juridical persons previously nationals of the former Kingdom of Hungary, including Bosnia-Herzegovinians, those who acquire ipso facto under the present Treaty the nationality of an Allied or Associated Power are designated in the provisions which follow by the expression "nationals of the former Kingdom of

Hungary"; the remainder are designated by the expression "Hungarian nationals".

ARTICLE 247.

to which they were entitled under the legislation in force at the time of the transfer.

ARTICLE 248.

The questions concerning the nationals of the former Kingdom of Hungary, as well as Hungarian nationals, their rights, privileges and property, which are not dealt with in the present Treaty, or in the Treaty prepared for the purpose of regulatin certain immediate relations between the States 10 which territory of the forme

Austro-Hungarian Monarchy has been transferred, or arising from the dismem- berment of that Monarchy, shall form the subject of special conventions between the States concerned, including Hungary; such conventions shall not in any way conflict with the provisions of the present Treaty.

For this purpose it is agreed that within three months from the coming into force
- 308 —

1140]

of the present Treaty a Conference of delegates of the States in question shall take place.

ARTICLE 249.

The Hungarian Government shall without delay restore to nationals of the former fingdom of Hungary their property, rights and interests situated in Hungarian territory he amount of taxes and imposts on capital which have been levied or increase on the property, rights and interests of nationals of the former Kingdom of Hungary since November 3, 1918, or which shall be levied or increased until restitution in accordance with the provisions of the present Treaty, or, in the case of property, rights and interests which have not been subjected to exceptional measures of war, until three months from the coming into force of the present. Treaty, shall be returned to the owners.

be carried on therein.

and interests removed from Hungary, the proportion of such taxes paid for any period returned to the owners.

Cash assets shall be paid in the currency and at the rate of exchange provided for the case of debts under Articles 231 (d) and 254.

Legacies, donations and funds given or established in the former Kingdom of

Hungary for the benelit of nationals of that Kingdom shall be placed by Hungary, so far as the funds in question are in her territory, at the disposition of the

Allied or Associated Power of which the persons in question are now, or becorne, under the provisions of the present Treaty, or of any Treaties concluded for the pur- pose of completing the present settlement, nationids, in the condition in which these funds were on July 28, 1914, taking account of payments properly made for the purpose of the trust.

Where under the terms of family trusts which continue to be administered by the

Hungarian State the rights of the beneficiaries are subject to their retaining Hunga- rian nationality, the presumptive beneficiaries will retain their right to pensions, expenses of education, dowries and similar privileges, even if they acquire now or subsequently, under the present Treaty or any Treaties concluded for the purpose of completing the present settlement, the nationality of one of the States to which

ARTICLE 250.

Notwithstanding the provisions of Article 232 and the Annex to Section IV the
[141]

roperty, rights and interests of Hungarian nationals or companies controlled b nem situated in the territories which formed part of the former Austro-Hungaria

Monarchy shall not be subject to retention or liquidation in accordance with these provisions.

Such property, rights and interests shall be restored to their owners freed from any measure of this kind, or from any other measure of transfer, compulsory admi- nistration or sequestration, taken since November 3, 1918, until the coming into force of the present Treaty, in the condition in which they were before the appli- cation of the reasures in question.

Claims made by Hungarian nationals under this Article shall be submitted to the

Mixed Arbitral Tribunal provided for by Article 239.

The property, rights and interests here referred to do not include property which is the subject of Article 191, Part IX (Financial Clauses).

Nothing in this Article shall affect the provisions laid down in Part VIII (Repa- ration) Section I, Annex Ill as to property of Hungarian nationals in ships and boats.

ARTICLE 251.

All contracts for the sale of goods for delivery by sea concluded before January 1, 1917, between nationals of the former Kingdom of Hungary of the one part and the administrations of the former Austro-Hungarian Monarchy, Hungary, or Bosnia- Herzegovina, or Hungarian nationals of the other part shall be annulled, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder. All other contracts between such parties which were made before

November 1, 1918, and were in force at that date shall be maintained.

ARTICLE 252

With regard to prescriptions, limitations and forfeitures in the transferred terri- tories, the provisions of Articles 235 and 236 shall be applied with substitution for the expression " outbreak of war" of the expression " date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations be- tween the parties became impossible in fact or in law", and for the expression " dura- tion of the war" of the expression " period between the date above indicated and that of the coming into force of the present Treaty".

Hungary undertakes not to impede in any way the transfer of property, rights or interests belonging to a company incorporated in accordance with the laws of the former Austro-Hungarian Monarchy, in which Allied or Associated nationals are interested, to, a company incorporated in accordance with the laws of any other

Power. to facilitate all measures necessary for giving effect to such transfer, and to render any assistance which may be required for eflecting the restoration to Allied or Associated nationals, or to companies in which they are interested, of their pro- TR. H.

39
- 310ー

[143]

ARTICLE 254.

Section IlI, except Article 231 (d), shall not apply to debts contracted between

Hungarian nationals and nationals of the former Kingdom of Hungary:

Subject to the special provisions laid down in Article 231 (d) for the case of the new States, these debts shall be paid in the legal currency at the time of payment of the State of which the national of the former Kingdom of Hungary has become a national, and the rate of exchange applicable shall be the average rate quoted on the

Geneva Exchange during the two months preceding November 1, 1918.

ARTICLE 255.

Insurance companies whose principal place of business was in territory which previously formed part of the former Austro-Hungarian Monarchy shall have the right to carry on their business in Hungarian territory for a period of ten years from the coming into force of the present Treaty, without the rights which they previously enjoyed being affected in any way by the change of nationality.

During the above period the operations of such companies shall not be subjected by Hungary to any higher tax or charge than shall be imposed on the operations of national companies.

No measure in derogation of their rights of property shall be

imposed upon them which is not equally applied to the property, rights or interests of Hungarian insurance companies; adequate compensation shall be paid in the event of the application of any such measures.

These provisions shall only apply so long as Hungaran insurance companies pre- carry on their business therein.

iter the period ot te ne present preity shall apari regard torted flied and isonia companies i question.

The provisions of this Article shall apply similarly to co-operative societies, pro- vided that the legal position of such societies places upon their members effective responsibility for all operations and contracts within the objects of such societies.

ARTICLE 256.

ecial agreements will determine the division of the property ot associations blic corporations carrying on their functions in territory which is divided in con:

quence of the present Treaty

ARTICLE 257.

Stales to which territory of the former Austro-Hungarian Monarchy is transferred, and States arising from the dismemberment of that Monarchy, shall recognize and give effect to rights of industrial, literary and artistic property in force in the terri tory at the time when it passes to the State in question, or re-established or restored
1 311 →

in accordance with the provisions of Article 241 of the present Treaty.

These rights

shall remain in force in that territory for the same period as that for which they would have remained in force under the law of the former Austro-Hungarian

A special convention shall determine all questions relative to the records, registers and copies in connection with the protection of industrial, literary or artistic property, and fix their eventual transmission or communication by the Offices of the former

Austro-Hungarian Monarchy to the Offices of the States to which are transferred territory of the said Monarchy and to the Offices of new States.

ARTICLE 258.

Without prejudice to other provisions of the present Treaty, the Hungarian Go- rernment undertakes so far as it is concerned to hand over to any Powerto which terri- tory of the former Austro-Hungarian Monarchy is transferred, or which arises from the dismemberment of that Monarchy, such portion of the reserves accumulated by the Governments or the administrations of the former Austro-Hungarian Monarchy, or by public or private organisations under their control, as is attributable to the carrying on of Social or State Insurance in such territory.

The Powers to which these funds are handed over must apply them to the per- formance of the obligations arising from such insurances.

The conditions of the delivery will be determined by special conventions to be concluded between the Hungarian Government and the Governments concerned.

In case these special conventions are not concluded in accordance with the above paragraph within three months afler the coming into force of the present Treaty, the conditions of transfer shall in each case be referred to a Commission of five members, one of whom shall be appointed by the Hungarian Government, one by the other inter- ested Government and three by the Governing Body of the International Labour

Office from the nationals of other States.

This Commission shall by majority vote

within three months after appointment adopt recommendations for submission to the

Council of the League of Nations, and the decisions of the Council shail forthwith be accepted as final by Hungary and the other Government concerned.

ARTICLE 259

The provisions of the present Section referring to the relations between Hungary or Hungarian nationals and the nationals of the former Kingdom of Hungary apply to relations of the same nature between Hungary or Hungarian nationals and the nationals of the former Austrian Empire referred to in Article 263 of the Treaty of

Peace with Austria.

Reciprocally the provisions of Section VIll of Part X of the said Treaty referring to the relations between Austria or Austrian nationals and the nationals of the former

Austrian Empire apply to relations of the same nature between Austria, or Austrian lationals and the nationals of the former Kingdom of Hungary referred to i rticle 246 of the present Treaty.

TR. H.

3g.
ー 312 -

[144]

PART XI.

AERIAL NAVIGATION.

ARTICLE 260.

The aircraft of the Allied and Associated Powers shall have full liberty of passage and landing over and in the territory of Hungary, and shall enjoy the same privileges as Hungarian aircraft, particularly in case of distress.

ARTICLE 261.

The aircraft of the Allied and Associated Powers shall, while in transit to any foreign country whatever, enjoy the right of flying over the termtory of Hungary without landing, subject always to any regulations which may be made by Hungary, and which shall be applicable equally to the aircraft of Hungary and to those of the

Allied and Associated countries.

ARTIcLe 262.

All aerodromes in Hungary open to national public traftic shall be open for the urcraft of the Allied and Associated Powers, and in any such aerodrome such aircraf hall be treated on a footing of equality with Hungarian aircraft as regards charges o every description, including charges for landing and accommodation.

ARTICLE 263.

Subject to the present provisions,

the rights of passage, transit and landing pro-

vided for in Articles 260, 261 and 262 are subject to the observance of such regula- ions as Hungary may consider it necessary to enact, but such regulations shall h pplied without distinction to Hungarian aircraft and to those of the Allied an

ANTICLE 264.
[145]

- 313 - ARTICLE 265.

As regards internal commercial air traffic, the aircraft of the Allied and Associated

• Powers shall enjoy in Hungary most favoured nation treatment.

ARTICLE 266.

Hungary undertakes to enforce the necessary measures to ensure that all Hungarian aircraft fying over her territory shall comply with the Rules as to lights and signals,

Rules of the Air and Rules for Air Traffic ou and in the neighbourhood of aero- dromes, which have been laid down in the Convention relative to Aerial Navigation

ARTICLE 267.

The obligations imposed by the preceding provisions shall remain in force until

January 1; 1g23, unless before that date Hungary shall have been admitted into the League of Nations or shall have been authorised by consent of the Allied and

Associated Powers to adhere to the Convention relative to Aerial Navigation con- cluded between those Powers.

PART XII.

PORTS, WATERWAYS AND RAILWAYS.

SECTION I.

GENERAL PROVISIONS.

ARTICLE 268.

Hungary undertakes to grant freedon of transst through her territories on the routes most convenient for international transit, either by rail, navigable waterway or canal, to persons, goods, vessels, carriages, wagons and mails coming from or going to the territories of any of the Allied and Associated Powers, whether conti- Such persons, goods, vessels, carriages, wagons and mails shall not be subjected
to any transit duty or to any undue delays or restrictions, and shall be entitled in

Hungary to national treatment as regards charges, facilities and all other matters.

Goods in transit shall be exempt from all customs or other similar duties.

H charges imposed on transport in transit shail be reasonable, having regard I e conditions of the traffic. No charge, facility or restriction shall depend directly or indirectly on the ownership or on the nationality of the ship or other means of transport on which any part of the through journey has been, or is to be,

accom-

plished,

ARTICLE 269.

Hungary undertakes neither to impose nor to maintain any control over transmi- gration traffic through her territories beyond measures necessary to ensure that pas- sengers are bond fide in transit; nor to allow any shipping company or any other private body, corporation or person interested in the traffic to take any part whatever in, or to exercise any direct or indirect influence over, any administrative service that may be necessary for this purpose.

ARTICLE 270.

Hungary undertakes to make no discrimination of preference, direct or indirect, in the duties, charges and prohibitions relating to importations into or exportations from her territories, or, subject to the special engagements contained in the present

Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed; or on the kind, ownership or flag of the means of transport (including aircraft) employed; or on the original or immediate place of departure of the vessel, wagon or aircraft, or other means of transport employed, or its ultimate or intermediate destination, or on the route of or places of transhipment on the journey; or on whether the goods are imported or exported directly through a Hungarian port or indirectly through a foreign port;

or on whether the goods are imported or exported by land or by air.

Hungary particularly undertakes not to establish against the ports and vessels of any of the Allied and Associated Powers any surtax or any direct or indirect bounty for export or import by Hungarian ports or ships, or by those of another Power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or using a vessel of any of the Allied and Associated

Powers shall not be subjected to any formality or delay whatever to which such per- sons' or goods would not be subjected if they passed through a Hungarian port or a port of any other Power, or used a Hungarian vessel or a vessel of any other Power.
[147]

÷ 315 —

ARTICLE 271.

All necessary administrative and technical measures shall be taken to expedite, as much as possible, the transmission of goods across the Hungarian frontiers and to ensure their forwarding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated

Powers or are in transit from or to those territories, under the same material condi- tions in such matters as rapidity of carriage and care en route as are enjoyed by other goods of the same kind carried on Hungarian territory under similar conditions aridatic any the rator of picable bod cule promply and regulate the goods to be carried straight through by trains which make connection.

ARTICLE 272.

The seaports of the Allied and Associated Powers are entitled to all favours and to all reduced tariffs granted on Hungarian railways or navigable waterways for the benefit of any port of another Power.

ARTICLE 273.

Hungary may not refuse to participate in the tariffs or combinations of tariffs in- tended to secure for ports of any of the Allied and Associated Powers advantages similar to those granted by Hungary to the ports of any other Power.

SECTION II.

NAVIGATION.

CHAPTER I.

FREEDOM OF NAVIGATION.

::

ARTICLE 274.

The nationals of any of the Allied and Associated Powers, as well as their vessels and property, shall enjoy in all Hungarian ports and on the inland navigation routes of Hungary the same treatment in all respects as Hungarian nationals, vessels and property.

Tis H.

Зд...
- 316 —

[4481

In particular, the vessels of any one of the Allied or Associated Powers

shall be

entitled to transport goods of any description, and passengers, to or from any ports or places in Hungarian territory to which Hungarian vessels may have access, under conditions which shall not be more onerous than those applied in the case of nation- al vessels; they shall be treated on a footing of equality with national vessels as regards port and harbour facilities and charges of every description, including faci- lities for stationing, loading and unloading, and duties and charges of tonnage, bar- bour, pilotage, lighthouse, quarantine, and all analogous duties and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind.

In the event of Hungary granting a preferential régime to any of the Allied or

Associated Powers or to any other foreign Power, this régime shail be extended im- mediately and unconditionally to all the Allied and Associated Powers.

There shall be no impediment to the movement of persons or vessels other than those arising from prescriptions concerning customs, police, sanitation, emigration and immigration, and those relating to the import and export of prohibited goods.

Such regulations must be reasonable and uniform and must not impede traffic unnecessarily.

CHAPTER II.

CLAUSES RELATING TO THE DANUBE.

1. GENERAL GLAUSES RELATIVE TO RIVER SYSTEMS DECLARED INTERNATIONAL.

ArTIcLe 275.

The following river is declared international : the Danube from Ulm; together with all navigable parts of this river system which naturally provide more than one State with access to the sea, with or without transhipment from one vessel to another, as well as lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system or to connect two naturally navigable sections of the same river.

Any part of the above-mentioned river system which is not included in the general definition may be declared international by an agreement between the riparian States.

ARTICLE 276.

On the waterways declared to be international in the preceding Article, the nationals, property and flags of all Powers shall be treated on a footing of perfect
[149]

- 317 -

equality, no distinction being made, to the detriment of the nationals, property or flag of any Power, between them and the nationals, properly or flag of the riparian

State itself or of the most favoured nation.

ARTICLE 277.

lungarian vesseis shall not be entitled t ervices beleen the ports of any Allied or Associated Bener without aperit etho rity from such Power.

ARTICLE 278.

Where such charges are

not precluded by any

convention, charges

varying ou different sections of a river may be levied on vessels using the navigable channels or their approaches, provided that they are intended solely to cover equitably the cost of maintaining in a navigable condition, or of improving, the river and its approaches, or to meet expenditure incurred in the interests of navigation:

schedule of such charges shall be calculated on the basis of such expenditure and shall be posted up in the ports.

These charges shall be levied in such a manner as

to render any detailed examination of cargoes unnecessary, except in cases of sus- pected fraud or contravention.

ARTICLE 279.

The transit of vessels, passengers and

goods on these waterways shall be effected

in accordance with the general conditions prescribed for transit in Section I above.

When the two banks of an international river are within the same State goods in transit may be placed under seal or in the custody of customs agents. When the river forms a frontier,

goods and passengers in transit shall be exempt from all customs

formalities; the loading and unloading of goods, and the embarkation and disem- barkation of passengers, shall only take place in the ports specified by the riparian

ARTICLE 280.

No dues of any kind other than those provided for in this Part shall be levied along the course or at the mouth of these waterways.

This provision shall not prevent the fixing by the riparian States of customs, local octroi or consumption duties, or the creation of reasonable and uniform charges levied in the ports, in accordance with public tariffs, for the use of cranes.

elevators, quays, warehouses and other similar constructions.
-318-

• ARTICLE 281.

[150]

I a State neglects to comply with this obligation any riparian State, or any State represented on the International Commission, may appeal to the tribunal instituted for this purpose by the League of Nations.

ARTICLE 282.

The same procedure shall be followed in the case of a riparian State undertaking any works of a nature to impede navigation in the international section.

The tribunal

mentioned in the preceding Article shall be entitled to enforce the suspension or sup- pression of such works, making due allowance in its decisions for all rights in connection with irrigation, water-power, fisheries and other national interests, which, with the consent of all the riparian States or of all the States represented on the International

Commission, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of

ARTICLE 283.

The régime set out in Articles 276 and 278 to 282 above shall be superseded by one to be laid down in a General Convention drawn up by the Allied and Associated

Powers, and approved by the League of Nations, relating to the waterways recognised in such Convention as having an international character.

apply in particular to the whole or part of the above-mentioned river system of the

Danube, and such other parts of that river system as may be covered by a general

Hungary undertakes, in accordance with the provisions of Article 314, to adhere to the said General Convention.

ARTICLE 284.

Hungary shall cede to the Allied and. Associated Powers concerned, within a maximum period of three months from the date on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river system referred to in Article 275 after the deduction of those surrendered by way of restitulion or reparation. Hungary shall in the same way cede material of all kinds necessary to the Atlied and Associated Powers concerned for the utilisation of that river system.

The number of the lugs and vessels, and the amount of the material so ceded, and their distribution, shall be determined by an arbitrator or arbitrators nominated by the

United States of America, due regard being had to the legitimate needs of the parties concerned, and particularly to the shipping traffic during the five years preceding
(151

All craft so ceded shall be provided with their fittings and gear, shall be in a good state of repair and in condition to carry goods, and shall be selected from among those most recently built.

Yherever the cessions made under the present Article involve a change of ownership ne arbitrator or arbitrators shall determine the righls of the former owners as the stood on October 15, 19i8, and the amount of the compensation to be paid to them, and shall also direct the manner in which such payment is to be effected in each case. If the arbitrator or arbitrators find that the whole or part of this sum will revert directly or indirectly to States from whom reparation is due, they shall decide the sum to be placed under this head to the credit of the said States.

As regards the Danube the arbitrator or arbitrators referred to in this Article will also decide all questions as to the permanent allocation and the conditions thereof of the vessels whose ownership or nationality is in dispute between States.

Pending final allocation the control of these vessels shall be vested in a Commis- ion consisting of representatives of the United States of America, the British Empire,

France and Italy, who will be empowered to make provisional arrangements for the working of these vessels in the general interest by any local organisation, or failing such arrangements by themselves, without prejudice to the fival allocation.

Is far as possible these provisional arrangements will be on a commercial basis he net receipts by the Commission for the hire of these vessels being disposed o

(2) SPECIAL CLAUSES RELATING TO THE DANUBE.

ARTICLe 285.

The European Commission of the Danube reassumes the powers it possessed before the war. Nevertheless, as a provisional measure, only representatives of Greal

Britain, France, Italy and Roumania shall constitute this Commission.

ARTICLE 286.

rom the point where the competence of the European Commission ceases, th lanube system referred to in Article 275 shall be placed under the administratio of an International Commission composed as follows :

a representatives of German riparian States ;

1 representative of each other riparian State;

1 representative of each non-riparian State represented in the future on the Euro- pean Commission of the Danube.
- 320 -

[152]

ARTIcLE 287.

The International Commission provided for in the preceding Article shall meet as soon as possible after the coming into force of the present Treaty, and shall under- take provisionally the administration of the river in conformity with the provisions of Articles 276 and 278 to 282, until such time as a definitive statute regarding the

Danube is concluded by the Powers nominated by the Allied and Associated Powers.

The decisions of this International Commission shall be taken by a majority vote.

The salaries of the Commissioners shall be fixed and paid by their respective

As a provisional measure any deficit in the administrative expenses of this Inter- national Commission shall be borne equally by the States represented on the Com- mission.

In particular this Commission shali regulate the licensing of pilots, charges for pilotage and the administration of the pilot service.

ARTICLE 288.

Hungary agrees to accept the régime which shall be laid down for the Danube by a Conference of the Powers nominated by the Allied and Associated Powers, which shall meet within one year after the coming into force of the present Treaty, and at which Hungarian representatives may be present.

Until such time as a definite statute regarding the Danube is concluded, the Inter- national Commission provided for in Article 286 shall have provisionally under its control the equipment, buildings and installations used for carrying out and main- taining works on the section of the Danube between Turnu-Severin and Moldava.

final allocation of the equipment, buildings and, installations shall be determined by the Conference provided for in the preceding paragraph.

Hungary renounces all interest in

and all control over the said equipment,

bulldings and installations.

ARTICLE 289.

The mandate given by Article 57 of the Treaty of Berlin of July 13, 1878, to

Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron

Gates, is abrogaled. The Commission entrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present Treaty.

Charges which may be necessary shall

in no case be levied by Hungary.

ARTICLE 290.

Should the Czecho-Slovak State; the Serb-Croal-Slovene State or Roumania, with the authorisation of or under mandate from the International Commission, underlake maintenance, improvement, weir, or other works on a part of the river system which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution and maintenance of such works.
(153]

- 321 - ARTICLE 291.

Hungary shall be obliged to make to the European Commission of the Danube all restitutions, reparations and indemnities for damages inflicted on the Commission during the war.

CHAPTER II.

HYDRAULIC SYSTEM.

ARTICLE 292.

In default of any provisions to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation, inundations, irrigation, drainage, or similar matters) in a State is dependent on works executed within the territory of another State, or when use is made on the territory of a State, in virtue of pre- war usage, of water or hydraulic power, the source of which is on the territory of another State, an agreement shall be made between the States concerned to safe- guard the interests and rights acquired by each of them.

Unless otherwise provided, when use is made for municipal or domestic purposes in one State of electricity or water, the source of which as the result of the fixing of a new frontier is on the territory of another State, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each of them.

Pending an agreement, central electric stations and waterworks shall be required to continue the supply up to an amount corresponding to the undertakings and contracts in force on November 3, 1918.

Failing an agreement in the cast of either of the above paragraphs, and subject to the provisions of Article 293, the matter shall be regulated by an arbitrator appointed by the Council of the League of Nations.

ARTICLE

293.

In view of the application of Article 292 to the territories of the former Kingdom of Hungary forming the Basin of the Danube, excluding the Basin of the Olt, as well as for the exercise of the powers provided for below, there shall be set up, in the common interest of the States possessing sovereignty over the territories in question,.

a permanent technical Hydraulic System Commission, composed of one representalive of each of the States territorially concerned and a Chairman appointed by the Council of the League of Nations.

This Commission shall bring about the conclusion, and supervise and, in urgent cases, ensure the carrying out, of the agreements provided for in Article 292; it shall maintain and improve, particularly as regards deforestation and afforestation, the uniform character of the hydraulic system, as well as of the services connected there- with, such as the hydrometric service and the service of information as to the rising of the waters.

It shall also study questions relating to navigation, excepting those

falling within the competence of the Commission for regulating the navigation of the

Upper Danube, which it shall refer to the said. Commission, and it shall give special

TR. H.

40.٠
- 322

[154]

consideration to fishery interests.

The Commission shall in addition undertake all

works or schemes and shall establish all services with which it may be charged by the unanimous consent of the interested States.

The Hydraulic System Commission shall meet within three months trom the coming into force of the present Treaty; it shall draw up a regulation as to its functions and procedure, which will be subject to approval by the States concerned.

Any disputes which may arise out of the matters dealt with in this Article shall be settled as provided by the League of Nations.

SECTION III.

RAILWAYS.

CHAPTER I.

FREEDOM OF TRANSIT TO THE ADRIATIC FOR HUNGARY.

ARTICLE 294.

Free access 10 the Adriatic Sea is accorded to Hungary, who with this object will enjoy freedom of transit over the territories and in the ports severed from the former

Austro-Hungarian Monarchy.

Freedom of transit is the freedom defined in Article 268 until such time as a

General Convention on the subject shall have been concluded between the Allied and Associated Powers, whereupon the dispositions of the new Convention shall be substituted therefor.

Special conventions belween the States or Administrations concerned will lay down the conditions of the exercise of the right accorded above, and will settle in particular the method of using the ports and the free zones existing in them, and the railways andi arils, ving access thereto, che stabliament of interational (joint) servicas , including through tickets and way-bills, and the maintenance of the

Convention of Berne of October 14, 18go, and its supplementary provisions until its replacement by a new Convention.

Freedom of transit will extend to postal, telegraphic and telephonic services.
[155]

—-323 —

CHAPTER II.

CLAUSES RELATING TO INTERNATIONAL TRANSPORT.

Goods coming from the territories of the Allied and Associated Powers and going to Hungary, or in transit through Hungary from or to the territories of the Allied and Associated Powers, shall enjoy on the Hungarian railways as regards charges to be collected (rebates and drawbacks being taken into account), facilities, and all other matters, the most favourable treatment applied to goods of the same kind carried on any Hungarian lines, either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route.

same rule shall be applied, on the request of one or more of the Allied and Asso- ciated Powers, to goods specially designated by such Power or Powers coming from

Hungary and going to their territories.

International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Hungary.

However, without prejudice to the provisions of Articles 272 and 273, Hungary undertakes to maintain on her own lines the régime of tariffs existing before the war as regards trailic to Adriatic and Black Sea ports, from the point of view of compe- tition with North German ports.

ArricLe 296.

From the coming into force of the present Treaty the High Contracting Parties shall renew, in so

far as concerns them and under the reserves indicated in the

second paragraph of the present Article, the Conventions and Arrangements signed at Berne on October 14, 18go, September 20, 18g3, July 16, 18g5, June 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.

If within five years from the date of the coming into force of the present Treaty a new Convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of October 14, 18g0, and the subsequent additions referred to above, this new Convention and the supplernentary provisions for international transport by rail which may be based on it shall bind Hungary, even if she shail have refused to take part in the preparation of the Convention or to subscribe to it. Until a new Convention shall have been, concluded, Hungary shall conform to the provisions of the Berne Convention and the subsequent additions referred to above and to the current supplementary provisions.

ARTICLE 297.

Hungary shalt be bound to co-operate in the establishment of through ticket ser- vices (for passengers and their luggage) which shall be required by any of the Allied
- 324

[1 56]

and Associated Powers to ensure their communication by rail with each other and with all other countries by transit across the territories of Hungary; in particular

Hungary shall, for this purpose, accept trains and carriages coming from the territories of the Allied and Associated Powers and shall forward them with a speed at least equal to that of her best long-distance trains on the same fines. The rates appli- cable to such through services shall not in any case be higher than the rates collected on Hungarian internal services for the same distance, under the same conditions of speed and comfort.

The tariffs applicable under the same conditions of speed and comfort to the trausportation of emigrants going to or coming from ports of the Allied and Asso-

ingarian railways shali not be at a higher kilometri

ato than the not fardurable tail drawbacks and relata being taken int account) enjoyed on the said railways by emigrants going to or coming from any other ports.

ARTICLE 298.

Hungary shall not apply specially to such through services, or to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers, any technical, fiscal or administrative measures, such as measures of customs examina- tion, general police, sanitary police, and control, the result of which would be to impede or delay such services.

ARTICLE 299.

In case of transport partly by rail and partly by internal navigation, with or without through way-bil, the preceding Articles shall apply to the part of the journey per- formed by rail.

CHAPTER I.

ROLLING-STOCK.

ARTICLE 300.

Hungary undertakes that Hungarian wagons shall be fitled with apparatus allowing:

(!) of their inclusion in goods trains on the lines of such of the Allied and Asso- ciated Powers as are parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907, without hampering the action of the continuous brake which may be adopted in such countries within ten years of the coming into force of the present Treaty, and

(2) af the inclusion of wagons of such countries in all goods trains on Hungariar lines.
11571

- 325

CHAPTER IV.

TRANSFERS OF RAILWAY LINES.

ARTICLE 301.

Subject to any special provisions concerning the transfer of ports, waterways and railways situated in the territories transferred under the present Treaty, and to the financial conditions relating to the concessionaires and the pensioning of the per- sonnel, the transfer of railways will take place under the following conditions:

(1) The works and installations of all the railroads shall be handed over complete and in good condition.

3) When a railway system possessing its own roiing-stock is handed over in ils ntrety by Hungary to one of the Allied and Associated Powers, such stock shall b handed over complete, in accordance with the last inventory before November 3, 1918, and in a normal state of upkeep.

(3). As regards lines without any special rolling-stock, the distribution of the stock existing on the system to which these lines belong shall be made by Commissions of experts designated by the Allied and Associated Powers, on which Hungary shall material registered on these lines in the last inventory before November 3, 1918, to the length of track (sidings included), and the nature and amount of the traffic.

These Commissions shall also specily the locomotives, carriages and wagons to be handed over in each case; they shall decide upon the conditions of their acceptance, and shall make the provisional arrangements necessary to ensure their repair in

(4) Stocks of stores, fittings and

plant shall be handed

over under the same

conditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines of former

Russian Poland converted by the Austro-Hungarian authorities to the normal gauge, such lines being regarded as detached from the Austrian and Hungarian State systems.

CHAPTER V.

PROVISIONS RELATING TO CERTAIN RAILWAY LINES.

ARTICLE 302.

When, as a result of the fixing of new frontiers, a railway connection between

railway administrations concerned.

If the administrations cannot come to an agree-
ment as to the terms of such convention, the points of difference shall be decided by Commissions of experts composed as provided in the preceding Article.

In particular, the convention as to the working of the line between Csata and

Losoncz shall provide for the direct passage in each direction through Hungarian territory of Czecho-Slovak trains with Czecho-Slovak traction and Czecho-Slovak train crews. Nevertheless, unless otherwise agreed, this right of passage shall lapse cither on the completion of a direct connection wholly in Czecho-Slovak territory between Csata and Losoncz or at the expiration of fifteen years from the coming into force of the present Trealy, whichever may occur first.

Similarly the convention as to the working of the portion in Hungarian territory f the line from Nagyszalonta through Békésesabato Arad and to Kisjenö shali provid or the direct passage in each direction through Hungarian territory of Roumaniar trains with Roumanian traction and Romanian train crews.

this right of passage shall lapse either on the completion of a direct connection wholly in Roumanian

Kisjenö-Békéscsaba lines or at the expiration of ten years from the coming into force of the present Treaty.

stations, shall be settled by agreements similarly concluded.

ARTICLE 303.

In order to assure to the town and district of Gola in Serb-Croal-Slovene terri- tory the use of the station of Gola in Hungarian territory and of the railway serving the same, and in order to ensure the free use to Serb-Croat-Slovene traffic of direct railway connection between the Csaktornya-Nagy-Kanisza line and the Zágráb-Gyé- kenyés line during the time required for the completion of a direct railway in Serb- Croat-Slovene territory between the above lines, the conditions of working of the station of Gola and of the railway froin Kotor to Barcz shall be laid down in a con- vention between the Hungarian and Serb-Croat-Slovene railway administrations concerned. If these administrations cannot come to an agreement as to the terms of such convention,

the points of difference shall be decided by the competeni

With the object of ensuring regular utilization of the railroads of the former

torially concerned.

Îny diflerences on which agreement is not reached, including questions relating to the interpretation of contracts concerning the expropriation of the lines, shall be submitted to arbitrators designated by the Council of the League of Nations.
- 327

This arbitration may, as regards the South Austrian Railway Company, be required either by the Board of Management or by the Committee representing the bond-holders.

ARTICLE 305.

ARTICLE 306.

In view of the importance to the Czecho-Slovak State of free communication.

between that State and the Adriatic, Hungary recognises the right of the Czecho- Slovak State to run its own trains over the sections included within her territory of the following lines:

(1) from Bratislava (Pressburg) towards Fiume via Sopron, Szombathely and Mura- Keresztur, and a branch from Mura-Keresztur towards Pragerhof;

(2) from Bratislava (Pressburg) towards Fiume via Hegyeshalon, Csorna, Hegyfalu,

Zalaber, Zalaszentiván, Mura-Keresztur, and the branch lines from Hegyfalu to Szomba- thely and from Mura-Keresztur to Pragerhof.

On the application of either party, the route to be followed by the Czecho-Slovak trains may be modified either permanently or temporarily by mutual agreement between the Czecho-Slovak Railway Administration and those of the railways over which the running powers are exercised.

ARTICLE 307.

The trains for which the running powers are used shall not engage in local traffic, except by agreement between the State traversed and the Czecho-Slovak State.

Such running powers will include, in particular, the right to establish rünning sheds with small shops for minor repairs to locomotives and rolling-stock, and to appoint representatives where necessary to supervise the working of Czecho-Slovak

The technical, administrative and financial conditions under which the rights of the Czecho-Slovak State shall be exercised shall be laid down in a Convention between the railway administration of the Czecho-Slovak State and the railway

Tr. H.
-328 -

[160]

CHAPTER VI.

TRANSITORY PROVISION.

ARTICLE 308.

ungary shall carry out the instructions given her, in regard to transport, by uthorised body acting on behalf of the Allied and Associated Powers

(1) for the carriage of troops under the provisions of the present Treaty, and of material, ammunition and supplies for army use:

¿as a temporary measure, for the transportation of supplies for certa rions. as well as for the restoration, as rapidly as possible, of the normal conc lions of transport, and for the organisation of postal and telegraphic services.

CHAPTER VII.

TELEGRAPHS AND TELEPHONES.

ARTICLE 309.

Notwithstanding any contrary stipulations in existing treaties, Hungary under- takes to grant freedom of transit for telegraphic correspondence and telephonic communications coming from or going to any one of the Allied and Associated

Powers, whether neighbours or not, over such lines as may be most suitable for international transit and in accordance with the tariffs in force.

This correspondence

and these communications shall be subjected to no delay or restriction; they shall enjoy in Hungary national treatment in regard to every kind of facility and espe- cially in regard to rapidity of transmission.

No payment, facility or restriction shall

depend directly or indirectly on the nationality of the transmitter or the addressee.

ARTICLE 310.

In viow of the geographical situation of the Czecho-Slovak State, Hungary agrees the following modifications in the International Telegraph and Telephone Con entions referred to in Article 218, Part X (Economic Clauses) of the present Treaty

(1) On the demand of the Czecho-Slovak State, Hungary shall provide and maintain trunk telegraph lines across Hungarian territory.
Conventions as conferring the right to demand a new trunk line, taking as a basis the reduced tariff provided for in Article 23, paragraph 5, of the International Telegraph

Convention as revised at Lisbon,

(3) So long as the Czecho-Slovak State shall pay the above minimum annual rent of a trunk line:

(a) The line shall be reserved exclusively for transit traffic to and from the Czecho- Slovak State;

5) The faculty given to Hungary by Article 8 of the International Telegrap onvention of July 22, 1875, to suspend international telegraph services shall no apply to that line.

(4). Similar provisions will apply to the provision and maintenance of trunk tele- phone circuits, but the rent payable by the Czecho-Slovak State for a trunk" tele- plione circuit shall, unless otherwise agreed, be double the rent payable for a trunk telegraph line.

(5) The particular lines to be provided, together with any necessary administrative, lechnical and financial conditions not provided for in existing International Conven- tions or in this Article, shall be fixed by a further convention between the States

In default of agreement on such convention they will be fixed by an arbitrator appointed by the Council of the League of Nations.

(6) The stipulations of the present Article may be varied at any time by agree- ment between Hungary and the Czecho-Slovak State.

years from the coming into force of the present Treaty the conditions under which the

Czecho-Slovak State shall enjoy the rights conferred by this Article may, in default of agreement by the parties, be modified at the request of either party by an arhi- trator designated by the Council of the League of Nations.

(7) In case of any dispule between the parties as to the interpretation either of this Article or of the convention referred to in paragraph 5, this dispute shall be submilled for decision to the Permanent Court of International Justice to be estab- lished by the League of Nations.

SECTION IV.

DISPUTES AND REVISION OF PERMANENT CLAUSES.

ARTICLE 311.

Disputes which may arise between interested fowers with regard to the interpre tion and application of this Part of the present Treaty shall be settled as provide by the League of Nations.
- 330 -

[162]

ARTICLE 312.

At any time the League of Nations may recommend the revision of such of the above Articles as relate to a permanent administrative régime.

ARTICLE 313.

The stipulations in Articles 268 to 274, 277, 295, 297 to 299 and 309 shall be subject to revision by the Council of the League of Nations at any time after three years from the coming into force of the present Treaty.

Failing such revision, no Allied or Associated Power can claim after the expiration of the above period of three years the benefit of any of the stipulations in the

Articles enumerated above on behalf of any portion of its territories in which reci- procity is not accorded in respect of such stipulations. The period of three years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.

The benefit of the stipulations mentioned above cannot be claimed by States to which territory of the former Austro-Hungarian Monarchy has been transferred; or which have arisen out of the dismemberment of that Monarchy, except upon the footing of giving in the territory passing under their sovereignty in virlue of the present Treaty reciprocal treatment to Hungary.

SECTION V.

SPECIAL PROVISION.

ARTICLE 314.

Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Hungary undertakes to adhere to any General Conventions regarding the international régime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers.

with the approval of the League of Nations, within five years of the coming into force of the present Treaty.
[:63]

- 331 —

PART XHI.

LABOUR.

SECTION 1.

ORGANISATION OF LABOUR.

Whereas the League of Nations has for its object the establishment of universal peace, and such a peace can be established only if it is based upon social justice;

And whereas conditions of labour exist involving such injustice, hardship and pri- vation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required: as, for example, by the regulation of the hours of work, includ- ing the establishment of a maximum working day and week, the régulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker against sickness, disease and injury arising out of his employment, the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own, recognition of the principle of freedom of associa- lion, the organisation of vocational and technical educalion and other measures;

Whereas also the failure of any nation to adopt humane conditions of labour is an.

obstacle in the way of other nations which desire to improve the conditions in their

The High Contracting Parties, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, agree to the following ::

CHAPTER I.

ORGANISATION.

ARTICLE 315.

A permanent organisation is hereby established for, the promotion of the objects set forth in the Preamble.
he original Members of the League of Nations shall be the original Members is organisation, and hereafter membership of the League of Nations shall car with it membership of the said organisation.

ARTICLE 316.

The permanent organisation shall consist of :

(1) a General Conference of Representatives of the Members, and

(2) an International Labour Office controlled by the Governing Body described in Article 32l.

ARTICLE 317.

The meetings of the General Conference of Representatives of the Members shall be held from time to time as occasion may require, and at least once in every year.

It shall be composed of four Representatives of each of the Members, of whom two shall be Government Delegates and the two others shall be Delegates representing respectively the employers and the workpeople of each of the Members.

Each Delegate may be accompanied by advisers, who shall not exceed two in

on the agenda of the meeting. When questions specially

affecting women are to be considered by the Conference, one at least of the advisers should be a woman. .

The Members undertake to nominate non-Government Delegates and advisers which ir genet with the of emptial or grierite i such organisation ceil.

their respective countries.

ccompany and by the spe brisons ahal not epak exac on in out President of the Conference, al may not vote.

to speak and vote.

The names of the Delegates and their advisers will be communicated to the

International Labour Office by the Government of each of the Members:

The credentials of Delegates and their advisers shall be subject to scrutiny by the

Content in Deign or alice of at rate as by ha poles presend.

in accordance with this Article

ARTICLE 318.

Every Delegate shall be antitled to vote individually an all matters which are taken into consideration by the Conference.
[ 165]

- 333

If one of the Members fails to nominate one of the non-Government Delegates whom it is entitled to nominate, the other non-Government Delegate shall be allowed to sit and speak at the Conference, but not to vote.

If in accordance with Article 317 the Conference refuses admission to a Delegate of one of the Members, the provisions of the present Article shall apply as if that Dele- gate had not been nominated.

ARTICLE 319.

The meetings of the Conference shall be held at the seat of the League of Nations, or at such other place as may be decided by the Conference at a previous meeting by two-thirds of the votes cast by the Delegates present.

ARTICLE 320.

The International Labour Office shall be established at the seat of the League of

Nations as part of the organisation of the League.

ARTiCLE 321.

The International Labour Office shall be under the control of a Governing Body consisting of twenty-four persons, appointed in

accordance with the following

provisions:

The Governing Body of the International Labour Office shall be constituted as follows:

Twelve persons representing the Governments;

Six persons elected by the Delegates to the Conference representing the employers;

Six persons elected by the Delegates to the Conference representing the workers.

Of the twelve persons representing the Governments eight shall be nominated by the Members which are of the chief industrial importance, and four shall be nomi- nated by the Members selected for the purpose by the Government Delegales to the

Conference, excluding the Delegates of the eight Members mentioned above.

Any question as to which are the Members of the chief industrial importance shall be decided by the Council of the League of Nations.

The period of office of the Members of the Governing Body will be three years.

The method of filling vacancies and other similar questions may be determined by the Governing Body subject to the approval of the Conference.

The Governing Body shall, from time to time, elect one of its members to act as its Chairman, shall regulate its own procedure and shall fix its own times of meeting.
(166,

A special meeting shalt be held if a written request to that effect is made by at least ten members of the Governing Body.

ARTICLE 322.

There shall be a Director of the International Labour Office, who shall be appointed by the Governing Body, and, subject to thè instructions of the Governing Body, shall be responsible for the efficient conduct of the International Labour Office and for such other duties as may be assigned to him.

The Director or his deputy shall attend all meetings of the Governing Body.

ARTICLE 323.

The staff of the International Labour Office. shall be appointed by the Director, who shall, so far as is possible with due regard to the efficiency of the work of the Office, select persons of different nationalities. A certain number of these per- sons shall be woren.

ARTICLE 324.

The functions of the International Labour Office shall include the collection and distribution of information on all subjects relating to the international adjustment of conditions of industrial life and labour, and particularly the examination of subjects which it is proposed to bring before the Conference with a view to the conclusion of international conventions, and the conduct of such special investigations as may be ordered by the Conference.

It will prepare the agenda for the meetings of the Conference.

It will carry out the duties required of it by the provisions of this Part of the present Treaty in connection with international disputes.

It will edit and publish in French and English, and in such other languages as the

Governing Body may think desirable, a periodical paper deating with probiems of industry and employment of international interest.

Generally, in addition to the functions set out in this Article, it shall have such other powers and duties as may be assigned to it by the Conference.

ARTICLE 325.

The Government Departments of any of the Members which deal with questions of industry and employment may communicate directly with the Director through the

Representative of their Government on the Governing Body of the International

Labour Office, or failing any such Representative, through such other qualified official as the Government may nominate for the purpose.
[167]

-335- ARTICLE 326.

The International Labour Office shall be entitled to the assistance of the Secretary- General of the League of Nations in any matter in which it can be given.

ARTICLE 327.

Each of the Members will pay the travelling and subsistence expenses of its

Delegates and their advisers and of its. Representalives attending the meetings of the onterence or Governing Body, as the case may be

Ill the other expenses of the International Labour Office and of the meetings o the Conference or Governing Body shall be paid to the Director by the Secretary- General of the League of Nations out of the general funds of the League.

The Director shall be responsible to the Secretary General of the League for the proper expenditure of all moneys paid lo him in pursuance of this Article.

CHAPTER II.

PROCEDURE.

ARTIcLe 328.

The agenda for all meetings of the Conference will be settled by the Governing

Body, who shall consider any suggestion as to the agenda that may be made by the

Government of any of the Members or by any representative organisation recognised for the purpose of Article 317.

ARTICLE 329.

The Director shall act as the Secretary of the Conference, and shall transmit the agenda so as to reach the Members four months betore the meeting of the Con- ference, and, through them, the non-Government Delegates when appointed.

ARTICLE 330.

my of the Governments of the Members may formally object to the inclusion o ny item or items in the agenda. The grounds for such objection shall be set forti in a reasoned statement addressed to the Director, who shall circulate it to all the

Members of the Permanent Organisation.

Items to which such objection has been made shall not, however, be excluded
- 336 -

1168)

from the agenda, if at the Conference a majority of two-thirds of the votes cast by the Delegates present is in favour of considering them.

If the Conference decides (otherwise than under the preceding paragraph) by two- thirds of the rotes cast by the Delegates present that any subjeot shall be considered by the Conference, that subject shall be included in the agenda for the following meeting.

ARTICLE 331.

The Conferenne shall regulate it own procodure, shall eloct its own President and may appoint committees to consider and report of any matter.

Except de otharwino expressly provided in this Part of the presont Treaty, all matters shalt be decided by a sicaple majority of the votes cast by the Delegates present.

The roting is void unless the total number of votes cast is equal to half the number

• of the Delegaton attondiog sho Gonferenos.

ARTICLE 332.

The Conference may add to any committees which it appoints technical experts, who shall be assessors without power to vote.

ARTICLE 333.

When the Conference has decided on the adoption of proposals with regard to an item in the agonda, it will rest with the Conference to determine whesher these proposals ahould take the forma: (a) of a recommendation to be submitted to the

Members for consideration with a view 6o effect being given to it by national legisla- tion or otherwise, or (b) of a draft international convention for ratification by the

Members.

convention, as the case may be, by the Conference.

1 frathing any recommendation or draft convention of generai application ti onference shall have due rogard to those cotntries in which dimatic conditions, th imperfect development of industrial organisation or other special circumstances make the industrial conditions substantially different and shall suggest the modifica- tions, if any, which it considers may be required to meet the case of such countries.

A copy of the recomraendation or draft convoation shall be authenticated by the signáture of the Prêsident of the Conference and of the Director and shall be deposited with the Sacretary-General of the Lague of Natios.

The Secretary"

General will communicate a certified copy of the rocommendation or draft convon- tion to each of the Members.
[16g]

- 337 —

Each of the Members undertakes that it will, within the period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumstances to do so within the period of one year, then at the earliest practicable moment and in no case later than eighteen months from the closing of the session of the Conference, bring the recommendation or draft convention before the authority or authorities within whose competence the matter lies, for the enact- ment of legislation or other action.

In the case of a recommendation, the Members will inform the Secretary-General of the action taken.

In the case of a draft convention, the Member will, if it obtains the consent of the authority or authorities within whose competence the matter lies, communicate the formal ratification of the convention to the Secretary-General and will take such action as may be necessary to make effective the provisions of such convention.

If on a recommendation no legislative or other action is taken to make a recom- mendation effective, or if the draft convention fails to obtain the consent of the authority or authorities within whose competence the matter lies, no further obliga- tion shail rest. upon the Member.

In the case of a federal State, the power of which to enter into conventions on labour matters is subject to limitations, it shall be in the discretion of that Govern- ment to treat a draft convention to which such limitations apply as a recommenda- tion only, and the provisions of this Article with respect to recommendations shall apply in such case.

The above Article shall be interpreted in accordance with the following prin- ciple:

In no case shall any Member be asked or required, as a result of the adoption of any recommendation or draft convention by the Conference, to lesson the protec- tion afforded by its existing legislation to the workers concerned.

ArTIaLe 334.

Any convention so ratified shall be registéred by the Secretary-General of the

League of Nations, but shall only be binding upon the Members which ratify it.

ARTICLE 335.

If any convention coming before the Conference for final consideration fails to secure the support of two-thirds of the votes cast by the Delegates present, it shall nevertheless be within the right of any of the Members of the Permanent Organisa- tion to agree to such convention among themselves.

Any convention so agreed to shall be communicated by the Governments con- cerned to the Secretary-General of the League of Nations, who shall register it.

ARTICLE 336.

Each of the Members agrees to make an annual report to the International Labour

Office on the measures which it has taken to give effect to the provisions of conven- tions to which it is a party.

These reports shall be made in such form and shall

In. H.

42..
ontain such particulars as the Governing Body may requesi ay a summary of these reports before the next meeting of the Conference

The Director shall

ARTICLE 337.

In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any convention to which it is a party, the Governing Body may communicate this repre- sentation to the Government against which it is made and may invite that Govern- ment to make such statement on the subject as it may think fit.

ARTICLE 338.

If no statement is received within a reasonable time from the Government in question, or if the statement when received is not deemed to be satisfactory by the

Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

ARTICLE 339.

•Any of the Members shall have the right to file a complaint with the Interna- tional Labour Office if it is not satisfied that any other Member is securing the effective observance of any convention which both have ratified in accordance with the fore- going Articles.

The Governing Body, may, if it thinks fit, before referring such a complaint to a Commission of Enquiry, as hereinafter

provided for, communicate with the

Government in question in the manner described in Article 337.

If the Governing Body does not think it necessary to communicate the complaint to the Government in question, or if, when they have made such communication, no statement in reply has been received within a reasonable time which the Governing

Body considers to be satisfactory, the Governing Body may apply for the appointment of a Commission of Enquiry to consider the complaint and to report thereon.

The Governing Body may adopt the same procedure either of its own motion or on receipt of i complaint from a Delegate to the Conference.

. When any matter arising out of Articles 338 or 339 is being considered by the Governing

Body, the Government in question shalt, if not already

represented thereon, be entitled to send a representative to take part in the proceed- ngs of the Governing Body while the matter is under consideration. Adequate rotice of the date on which the maiter will be considered shall be given to the

Government in question.

ARTICLE 340:

The Commission of Enquiry shall be constituted in accordance with the following provisions:

Each of the Members agrees to nominate within six months of the date on which
[171]

-339ー

Members of the Commission of Enquiry shall be drawn.

The qualifications of the persons so nominated shall be subject to scrutiny by the

Governing Body, which may by two thirds of the votes cast by the representatives present refuse to accept the nomination of any person whose qualifications do not in its opinion comply with the requirements of the present Article.

Upon the application of the Governing Body, the Secretary-General of the League of Nations shall nominate three persons, one from each section of this panel, to

ARTICLE 341:

The Members agree that, in the event of the reference of a complaint to a Com- mission of Enquiry under Article 339, they will each, whether directly concerned in the complaint or not, place at the disposal of the Commission all the information in their possession which bears upon the subject-matter of the complaint.

ARTICLE 342.

When the Commission of Enquiry has fully considered the complaint, it shall prepare a report embodying its findings on all questions of fact relevant to deter- mining the issue between the parties and containing such recommendations as it may think proper as to the steps which should be taken to meet the complaint and the time within which they should be taken.

It shall also indicate in this report the measures, if any, of an economic character.

against a defaulting Government which it considers to be appropriate, and which it considers other Governments would be justified in adopting.

ARTICLE 343-

The Secretary General of the League of Nations shall communicate the report of the Commission of Enquiry to each of the Governments concerned in the complaint, nd shall cause it to be published. ::

lach of these Governments shall within one month inform the Secretary-Genera of the League of Nations whether or not it accepts the recommendations contained in the report of the Commission; and if not, whether it proposes to refer the com.

plaint to the Permanent Court of International Justice of the League of Nations.
- 340 1

[172]

ARTICLE 344.

In the event of any Member failing to take the action required by Article 333, with regard to a recommendation or draft Convention, any other Member shall be entitled to refer the matter to the Permanent Court of International Justice.

ARTICLE 345.

The decision of the Permanent Court of International Justice in regard to a complaint or matter which has been referred to it in pursuance of Article 343 or

Article 344 shall be final.

ARTICLE 346.

The Permanent Court of International Justice may affirm, vary or reverse any of' the findings or recommendations of the Commission of Enquiry, if any, and shall in its decision indicate the measures, if any, of an economic character which it con- siders to be appropriate, and which other Governments would be justified in adopt- ing against a defaulting Government.

ARTiCLE 347.

In the event of any Member failing to carry

out within the time specified the

recommendations, if any, contained in the report of the Commission of Enquiry, or in the decision of the Permanent Court of International Justice, as the case may be, any other Member may take against that Member the measures of an economic character indicated in the report of the Commission or in the decision of the Court

• as appropriate to the case.

ARTICLE 348.

Government may at any time inform the Governing Body that

it has taken the steps necessary to comply with the recommendations of the

Commission of Enquiry or with those in the decision of the Permanent Court of

International Justice, as the case may be, and may request it to apply to the Secretary- General of the League to constitute a Cormission of Enquiry to verify its conten- tion. In this case the provisions of Articles 340, 341, 342, 343, 345 and 346 shall apply, and if the report of the Commission of Enquiry or the decision of the

Permanent Court of International Justice is in favour of the defaulting Government, le other Governments shall forthwith discontinue the measures of an econom haracter that they have taken against the defaulting Governmen
0173]

- 341 -

CHAPTER II.

GENERAL.

ARTICLE 349.

The Members engage to apply conventions which they have ratified in accordance with the provisions of this Part of the present Treaty

to their colonies, protecto-

rates and possessions which are not fully self-governing :

(1) Except where owing to the local conditions the convention is inapplicable, or (a) Subject to such modifications as may be necessary to adapt the convention to local conditions. .

And each of the Members shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing.

ARTICLE 350.

Amendments to this Part of the present Treaty which are adopted by the Confe- rence by a majority of two-thirds of the votes cast by the Delegates present shall take effect when ratified by the States whose representatives compose the Council of the League of Nations and by three-fourths of the Members.

ARTICLE 351.

Any question or dispute relating to the interpretation of this Part of the present

Treaty or of any subsequent convention concluded by the Members in pursuance of the provisions of this Part of the present Treaty shall be referred for decision to the

Permanent Court of International Justice.

CHAPTER IV.

TRANSITORY PROVISIONS

laid down in the Treaty of Peace concluded with Germany on June 28, 1919.

ARTICLE 352.

The first meeting of the Conference shall take place in October, 1919.

The place

and agenda for this meeting shall be as specified in the Annex hereto.

TR. H.

43
- 342 -

Arrangements for the convening and the organisation of the first meeting of the

Conference will be made by the Government designated for the purpose in the said Annex.

That. Government shall be assisted in the preparation of the docu- ments for submission to the Conference by an International Committee constituted as provided in the said Annex.

The expenses of the first meeting and of all subsequent meetings held before the

League of Nations has been able to establish a general fund, other than the expenses of Delegates and their advisers, will be borne by the Members in accordance with the apportionment of the expenses of the International Burean of the Universal

ARTICLE 353.

Until the League of Nations has been constituted all communications which under the provisions of the foregoing Articles should be addressed to the Secretary-General of the League will be preserved by the Director of the International Labour Office, who will transmit them to the Secretary-General of the League.

ARTICLE 354.

Pending the creation of a Permanent Court of International Justice, disputes which in accordance with this Part of the present Treaty would be submitted to it for decision will be referred to a tribunal of three persons appointed by the Council of the League of Nations.

ANNEX.

FIRST MEETING OF ANNUAL LABOUR CONFERENCE, 1919.

The place of meeting will be Washington.

The Government of the United States of America is requested to convene the Conference.

The International Organising Conomittee will consist of seven Members, appointed by the

United States of America, Great Britain, France, Italy, Japan, Belgium and Switzerland.

The Committee may, if it thinks necessary, invite other Members to appoint representatives.

Agenda :

..i :

(1) Application of principle of the 8-hours day or of the 48-hours week.

(2) Question of preventing or providing against unemployment.

(3). Women's employment :

(a) Before and after child-birth, including the question of maternity benefit;
1175]

— 343

(b) During the night:

(c) In unhealthy processes:

(4) Employment of children:

(a) Minimum age of employment;

(6) During the night;

(c) In unbealthy processes.

(5) Extension and application of the International Conventions adopted at Berne in 1 g06 on the prohibition of night work for women employed in industry and the prohi, bition of the use of white phosphorus in the manufacture of matches.

SEGTION I.

GENERAL PRINCIPLES.

ARTICLE 355.

The High Contracting Parties, recognizing that the well-being, physical, moral and intellectual, of industrial wage-earners is of supreme international importance, have framed, in order to further this great end, the permanent machinery provided for in

Section I and associated with that of the League of Nations.

They recognise that differences of climate, hahits and customs, of economic oppor- tunity and industrial tradition, make strict uniformity in the conditions of labour difficult of immediate attainment.

But, holding as they do, that labour should not

be regarded merely as an article of commerce, they think that there are methods and principles for regulating labour conditions which all industrial communities should endeaour to apply, so far as their special circumstances will permit.

Among these methods and principles, the following seem to the Highi Contracting

Parties to be of special and urgent importance :

First.— The guiding principle above enunciated that labour should not be regarded nerely as a commodity or article of commerce

Second.-- The right of association for all lawful purposes by the employed as well as by the employers.

Third. — The payment to the employed of a wage adequate to maintain a reaso.

nable standard of life as this is understood in their time and country.

TA. H.

43.
- 344 -

1176]

Fourth. — The adoption of an eight hours day or a forty-eight hours week as the standard to be aimed at where it has not already been attained.

Fifth. The adoption of a weekly rest of at least twenty-four hours, which should include Sunday wherever practicabie.

Sixth, — The abolition of child labour and the imposition of such limitations on the labour of young persons as shall permit the continuation of their education and assure their proper physical development.

Seventh. - The principle that men and women should receive equal remuneration for work of equal value.

at to the conditiol

Kagot hoW avendard egany ta tin equitable eronomic treatment of al worke lawfully resident therein.

nth, — Each State should make provision for a system of inspection in whi men should take part, in order to ensure the enforcement of the laws and reg ations for the protection of the employed.

Without claiming that these methods and principles are either complete or final, the High Contracting Parties are of opinion that they are well fitted to guide the policy of the League of Nations; and that, if adopted by the industrial communities who are members of the League, and safeguarded in practice by an adequate system of such inspection, they will confer lasting benefits upon the wage-earners of the world.

PART XIV.

MISCELLANEOUS PROVISIONS.

ARTICLE 356.

Hungary undertakes to recognize and to accept the conventions made or to be made by the Allied and Associated Powers or any of them with any other Power as to the traffic in arms and in spirituousliquors, and also as to the other subjects dealt with in the General Acts of Berlin of February 36, 1885, and of Brussels of July 2, 18go, and the conventions completing or modifying the same.

ARTICLE 357.

The High Contracting Parties declare and place on record that they have taken note of the Treaty signed by the Government of the French Republic on July 17, 1918, with His Serene Highness the Prince of Monaco defining the relations between France and the Principality.
[177]

- 345

ARTICLE 358.

The High Contracting Parties, while they recognize the guarantees stipulated bi the Treaties of 1815, and especially, by the Act of November 20, 1815, in favour. of

Switzerland, the said guarantees conslituting international obligations for the main- tenance of peace, declare nevertheless that the provision, of these treaties, conventions.

deilarations and other supplerpentary Acts concerning, the neuțralized zone. of Savoy, as laid dawn in paragraph 1 of Article 92 of the Final. Act of the Congress of Vienna and in paragraph 2 of Article 3 of the Treaty of Paris of November 20, 1815, are no longer consistent with present conditions For this reason. the High

Contracting Parties take note of the agreement reached between the French Gor ernment and the Swiss Government for the alrogation of the stipulations relating to this zone which are and remain abrogated.'

The High Contracting Parties also agree that thestipulations of the Treaties of 1815 and of the other supplementary Acts concerning the free zones of Upper Savoy and the Gex district are no longer consistent with present conditions, and that it is for

France and Switzerland to come to an agreement together with a view to settling between themselves the status of these territories under such conditions as shall be considered suitable by both countries.

ANNEX.

The Swiss Federal Council has informed the French Government on May 5, 191gx that after examining the provisions of Artiole 435 of the Peace conditions presented to Germany by the Allied and Associated Powers in a like spirit of sindere friendship it has sappily reached the conclusion that it was possible to acquiesce in it under the following conditions and reservations:

(1) The neutralized zone of Haute-Savoie:

• ： (a) It will be understood that as long as the Federal Chambers have not ratified the agreement come to between the two Governments concerning the abrogation of the stipula- tions in respect of the neutralized zone of Savoy, nothing will be definitively settled, on one side or the other, in regard to this subject.

b) The assent given by the Swiss Government to the abrogation of the above mentioned stipulations presupposes, in conformity with the text adopted, the recoguition of the guaran- tees formulated in favour of Switzerland by the Treaties of 1815 and particularly by the

Declaration of November 20, 1815.

0). The agreement between the Governments of France and Switzerland for the abrogation of the above mentioned stipulations, will only be considered as valid if the Treaty of Peace:

contains this Article in its present wording. In addition the Parties to the Treaty of Peace chrald endeavour to obtain therassent of the sigpatory, Powers of the Treaties, of 1815 and ot the Doolaration of November 20, 1815, which are, not signatories of the present Treaty of

Peace.

TR. ET.

43.
- 346

1178]

(3) Free zone of Haute Savoie and the district of Gex:

(a) The Federal Council makes the most express reservations to the interpretation to be given to the statement mentioned in the last paragraph of the above Article for insertion in the Treaty of Peace, which provides that "the stipulations of the Treaties of 18r5 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with present conditions."' The Federal Council would not wish that its acceptance of the above wording should lead to the conclusion that it would agree to the suppression of a system intended to give neighbouring territory the benefit of a special régime:

which is appropriate to the geographical and economical situation and which has been well tested.

' In the opinion of the Federal Council the question is not the modification of the customs system of the zones as set up by the Treaties mentioned above, but only the regulation in il manner more appropriate to the economic conditions of the present day of the terms of the exchange of goods between the regions in question.

The Federal Council has been led to

make the preceding observations by the perusal of the draft Convention concerning the future constitution of the zones which was annexed to the note of April 26 from the French Govern- ment.

While making the above reservations the Federal Council declares its readiness to.

examine in the most friendly spirit any proposals which the French Government may deem it convenient to make on the subject.

(b) It is conceded that the stipulations of the Treaties of 1815 and other supplementary acts relative to the free zones will remain in force until a new arrangement is come to between

France and Switzerland to regulate matters in this territory.

The French Government have addressed to the Swiss Government, on May 18, 1919, the following note in reply to the communication set out in the preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to inform the Govern- ment of the French Republic that the Federal Government adhered to the proposed Article:

to be inserted in the Treaty of Peace between the Allied and Associated Governments and

Germany: *

The French Government have taken note with much pleasure of the agreement thus reached, and, at their request, the proposed Article, which had been accepted by the Allied and Associated Goveraments, has been inserted under No. 435 in the Peace conditions pre- sented to the German Plenipotentiaries.

The Swiss Government, in their note of May 5 on this subject, have expressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie and the Gex district, the French Government have the honour to observe that the provisions of the last paragraph of Article 435 areso clear that their purport cannot be misapprehended, especially where it implies that no other Power but France and Switzerland will in future be interested in that question.

The French Government, on their part, are anxious to protect the interests of the French territories concerned, and, with that object, having their special situation in view, they bear in mind the desirability of assuring them a suitable customs régime and determining, in a manner better suited to present conditions, the methods of exchanges between these territories and the adjacent Swiss territories, while taking into account the reciprocal interests of both regions.
[179]

- 347

It is understood that this must in no way prejudice the right of France to adjust her customs line in this region in conformity with her political frontier, as is done on the other portions of her territorial boundaries, and as was done by Switzerland long ago on her own boundaries in this region.

The French Government are pleased to note on this subject in what a friendly disposition the Swiss Government take this opportunity of declaring their willingness to consider any

Freuch proposal dealing with the system to be substituted for the present régime of the said free zones, which the French Government intend to formulate in the same friendly spirit.

Moreover, the French Government bave no doubt that the provisional maintenance of the régime of 1815 as to the free zones referred to in the above mentioned paragraph of the note from the Swiss Legation of May 5, whose object is to provide for the passage from the present régime to the conventional régime, will cause no delay whatsoever in the establish- ment of the new situation which has been found necessary by the two Governments. This remark applies also to the ratification by the Federal Chambers, dealt with in paragraph 1 (a), of the Swiss note of May 5, under the heading «Neutralized zone of Haute-Savoie".

ARTICLE 359.

The Allied and Associated Powers agree that where Christian religious missions were being maintained by Hungarian societies or persons in territory belonging to

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

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

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

ARTICLE 360.

: Without prejudice to the provisions of the present Treaty, Hungary undertakes not to put forward directly or indirectly against any Allied or Associated Power, signatory of the present Treaty, any pecuniary claim based on events which occur- red at any time before the coming into force of the present Trealy.

The present stipulation will bar completely and finally all claims of this mature, which will be thenceforward

extinguished, whoever

may be the parties in

interest.

TR. H.

43...
- 348 - ARTICLE 361.

1180]

undertakes not to put forward any claim arising out of such decrees or orders on behalf of any Hungarian national.

Hungary agrees to furnish copies of all the documents constituting the record of the cases, including the decisions and orders made, and to accept and gire effect to the recommendations made after such examination of the cases.

•ARTICLE 362.

The High Contracting Parties agree that, in the absence of a subsequent agree- ment to the contrary, the Chairman of any Commission establisned by the present

Treaty shall in the event of an equality of votes be entitled to a second vote.

ARTICLE 363.

Except where otherwise provided in the present Treaty, in all cases where the Trealy provides for the settlement of a question affecting particularly means of a special Convention to be concluded between the States concerned, it is understood by the High Contracting Parties that difficulties arising in this connection shall, until Hungary is admitted to membership of the League of Nations, be settled by the Principal Allied and Associated Powers.

ARTICLE 364.

In the present Treaty the expression "former Kingdom of Hungary" includes

Bosnia and Herzegovina except where the text implies the contrary. This provision shall not prejudice the rights and obligations of Austria in such territory.
[13]

•= 349

PARTE I.

PATTO

DELLA

SOCIETÀ DELLE NAZIONI.

Allo scopo di

promuovere la cooperazione internazionale, realizzare la

pace e

• là sicurezza degli Stați, mercé :

l'impegno di non ricorrere in dati casi alle armi, lo stabilimento di rapporti palesi, giusti ed onorevoli fra le Nazioni;

il fermo riconoscimento delle regole di diritto internazionale come norme effettive di condotta fra i Governi, l'osservanza della giustizia e il rispetto scrupoloso di ogni trattalo nelle relazioni reciproche dei popoli civili, le Altè Parti contraenti consentono nel presente « Patto della Socielà delle Nazioni ».

ARTICOLO 1.

Saranno Membri fondatori della Società delle Nazioni quelli tra i firmatari che sono nominati nell'elenco allegato a questo palto, e quegli altri Stati nominati del pari nell'elenco, che aderiranno al patto senza riserve, mediante una dichiarazione depo- sitata presso il Segretariato entro due mesi dall'entrata in vigore di questo patto; la loro adesione dovrà essere notificata a tutti gli altri Membri della Società.

Qualunque Stato, dominio o colonia, pienamente autonomo, non nominato nel- l'elenco, può diventare Membro della Società se la sua ammissionne sia approvata dai due terzi dell'Assemblea, purchè dia effettive guarantigie della sua sincera intenzione li osservare i propri doveri internazionali, e accetti quelle norme che potranne essere prescritte dalla Società relativamente alle sue forze e ai suoi armamenti, mili- tari, navali ed aerei.

Joni Membro della Società potrà recederne, salvo preavviso di due anni, purch

I momento del recesso abbia adempito tutti i suoi doveri internazionali e tutte l obbligazioni che derivano da questo patto.

TR, II.

4