H. Arbitration Treaty between Germany and Czechoslovakia signed at Locarno in October 1925.

Article I is the governing clause of this treaty (TC-14). It provides:

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

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present Treaty and belonging to the past. Disputes for the settlement of which a special procedure is laid down on other conventions in force between the High Contracting Parties, shall be settled in conformity with the provisions of those Conventions."

This treaty was registered with the Secretariat of the League in accordance with Article 22, the second sentence of which shows that the Treaty was entered into and its terms in force under the same conditions as the Treaty of Mutual Guarantee. (TC-12)

This is the Treaty to which President Benes unsuccessfully appealed during the crisis in the Autumn of 1938.

I. Arbitration Convention Between Germany and Belgium, signed at Locarno, October 1925.

(This treaty, TC-13, is discussed in Section 10 of this chapter dealing with the invasion of Belgium, Netherlands and Luxembourg.)

J. Arbitration Treaty Between Germany and Poland, signed at Locarno, 16 October 1925.

(This treaty, TC-15, is discussed in Section 8 of this chapter dealing with the invasion of Poland.)

K. Declaration of the Assembly of the League of Nations of 24 September 1927.

Germany had become a member of the League of Nations on 10 September 1926, a year before this Declaration was made.

The importance of this Declaration is not only its effect on International Law, but to the fact that it was unanimously adopted by the Assembly of the League of Nations, of which Germany was a free and active member at the time. Referring to the unanimous adoption of the Declaration, M. Sokal, the Polish Rapporteur, had this to say:

"The Committee was of opinion that, at the present juncture, a solemn resolution passed by the Assembly, declaring that wars of aggression must never be employed as a means of settling disputes between States, and that such wars constitute an international crime, would have a salutary effect on public opinion, and would help to create an atmosphere favorable to the League's future work in the matter of security and disarmament.

"While recognizing that the draft resolution does not constitute a regular legal instrument, which would be adequate

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in itself and represent a concrete contribution towards security, the Third Committee unanimously agreed as to its great moral and educative value." (TC-18)

M. Sokal then asked the Assembly to adopt the draft resolution, the terms of which show what so many nations, including Germany, had in mind at that time. The resolution recited that the Assembly

"*** recognizing the solidarity which unites the community of nations, being inspired by a firm desire for the maintenance of general peace, being convinced that a war of aggression can never serve as a means of settling international disputes, and in consequence an international crime; considering that the solemn renunciation of all wars of aggression would tend to create an atmosphere of general confidence calculated to facilitate the progress of the work undertaken with a view to disarmament:

"Declares: 1. That all-wars of aggression are and shall always be prohibited.

"2. That every pacific means must be employed to settle disputes of every description, which may arise between States. "That the Assembly declares that the States Members of the League are under an obligation to conform to these principles." (TC-18)

The fact of the solemn renunciation of war was taken in the form of a roll call, and the President announced that:

"All the delegations having pronounced in favour of the declaration submitted by the Third Committee, I declare it unanimously adopted." (TC-18)

L. The Kellogg-Brand Pact of 1928.

(This treaty, TC-19, is discussed in Sir Hartley Shawcross's opening address for Great Britain, to be found in Section 5, supra.)

The original plaintext version of this file is available via ftp.

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