215/1926 Sb.
The arbitration agreement
between Czechoslovakia and Germany.
THE NAME OF THE CZECHOSLOVAK REPUBLIC.
TOMÁŠ G. MASARYK,
THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC,
To ALL,
WHO READ THIS LIST OR THE OFT WILL HEAR,
PODZRAVENÍ.
THE NAME OF THE CZECHOSLOVAK REPUBLIC
And
THE GERMAN EMPIRE
THIS HAS BEEN NEGOTIATED ARBITRATION AGREEMENT:
The arbitration agreement between Czechoslovakia and Germany.
The President of the Czechoslovak Republic and the President of the German Empire,
Equally determined to remain peace between Czechoslovakia and Germany,
ensuring the peaceful settling of disputes, which could vzniknouti between
the two countries,
Noting that the deference before the rights-based conventions or
arising from international law is závazna for the international criminal tribunals,
Same as recognizing that the rights of the State cannot be altered without his
consent,
And considering that the sincere conservation methods of peaceful
dealing with international disputes without using violence permits rozřešiti
questions that could rozdvojiti States,
They decided to uskutečniti the contract of their common objectives in this respect and
name your plnomocníky:
The President of the Czechoslovak Republic:
Dra Eduard Beneš,
Minister of Foreign Affairs;
The President of the German Empire:
Dra Gustav Stresemanna,
Minister of Foreign Affairs;
Who, vyměnivše your power of Attorney, identified in good and due form,
They agreed on the following provisions:
PART I.
Article 1.
All disputes between Czechoslovakia and Germany, whether any
nature, in which the parties have been on a legal dispute the claim and
that could not be amicably rozřešeny ordinary way of diplomatic,
the award will be presented to either the Tribunal or the Permanent Court of
International Justice as stipulated below. This means that disputes
described above shall include in particular disputes, which mentions article 13.
The Covenant Of The League Of Nations.
This provision does not apply to disputes arising from the fact that
precede this Treaty and which belongs to the past.
Disputes, for which the resolution prescribed special management other
conventions in force between the High Contracting Parties, will be handled
in accordance with the provisions of these conventions.
Article 2.
Before any arbitration proceedings or any proceedings
before the Permanent Court of international justice, the dispute over the common
the agreement to be presented to the settlement of the Permanent International Commission, called
The Permanent Commission of conciliation, established in accordance with this agreement.
Article 3.
If it is the subject of the dispute, which according to the internal law of one
of the parties belong to the jurisdiction of the domestic courts will not be subject to the dispute
proceedings prescribed by this agreement, unless the competent domestic court
the Authority decided, within a reasonable time, definitively.
Article 4.
A permanent Conciliation Commission, referred to in article 2, the skládati of the five
the members, who will be designated as follows:
The High Contracting Parties shall appoint, each for himself, one by one
Member of its members and shall designate by common agreement the three other
members of the nationals of third Powers; These three members must be
different nationality and one of them shall designate the High Contracting Parties
the President of the Commission.
Members are appointed for three years, their mandate is renewable.
Shall remain in Office until they are replaced, and in any case until the end of their
work has already started at a time when their mandate expired.
Places that would be the death of the uprázdnila, demisí or any other
the reason will be occupied in the shortest period of time according to the rules prescribed
for appointment.
Article 5.
A permanent Conciliation Commission will be established, within three months after the entry into
the validity of this agreement.
If members who are to be designated by mutual agreement, they were not
appointed in that period or, in case of total repopulation, in the time of the three
months from the date when the place uprázdnilo, the president of the Federal Council
the Swiss, if there was another agreement, asked to perform the necessary
the appointment.
Article 6.
A permanent Conciliation Commission requests can be dovolati by the President of the
both parties acting in common agreement, or, if no such
the agreement shall submit one side or the other.
The request will be obsahovati, outside of a brief interpretation of the subject matter, the challenge
controlled Commission to take any measures that could lead to
settlement.
If the request comes only from one side, it must be this party oznámiti
without delay.
Article 7.
Within fourteen days of the date when one of the High Contracting Parties raised
the dispute at the permanent Conciliation Commission, each of the parties may, for the analysis of this
the dispute, member seconded from their respective members of the nahraditi person who has
special competence in the matter, which it is.
The party, which would be used in this law, it shall notify without delay to the side
the second; This can do the same thing in this case, within fourteen days from the date
the date of notice.
Article 8.
The task of the Permanent Conciliation Commission will be to clarify the issues, picked up the
to this end, all the necessary reports by way of investigation or another and to
seeking an out-of-court settlement between the parties. The Commission, the prozkoumavši thing, may navrhnouti
the parties editing, which she seemed appropriate, and should be a time limit,
to comment on this.
At the end of its work, the Commission shall, in accordance with the registration of reporting the case,
either that the parties have agreed, and, where necessary, the terms of the agreement, or that the
the parties could not be straightened.
The work of the Commission, unless the parties otherwise agree, must be finalized to
six months from the date on which the dispute was brought to the Commission.
Article 9.
If there is a specific provision of the opposite, it modifies the content's Permanent
the Conciliation Commission itself way of management, which in any case must be
questionable. During the investigation, the Commission will, if unanimously decides otherwise,
říditi the provisions of title III (International Commission of inquiry), the Hague
Convention of 18. October 1907 concerning the peaceful dealing with international disputes.
Article 10.
A permanent Conciliation Commission shall meet, unless a different agreement between the parties, the
the location, which shall designate its Chairman.
Article 11.
The work of the permanent Conciliation Commission are public only when the Commission
decide in agreement to the parties.
Article 12.
The parties will have a permanent Conciliation Commission at its representative, who will
serve as intermediaries between them and the Commission; Moreover, can the parties
přibrati Advisor and expert, designated by them for that purpose and to a
the hearing of any person whose testimony it will be zdáti useful.
For its part, the Commission will have the possibility of vyžádati's oral explanations from the
representatives, advisers and experts of both parties, as well as from any person,
that would be considered useful it předvolati with the consent of its Government.
Article 13.
If it is not the opposite of the provisions in this agreement, decisions of the Permanent justices of the peace
the Commission, by majority vote.
Article 14.
The High Contracting Parties undertake to facilitate its Permanent Conciliation Commission
work, and particularly that it be supplied as far as possible all documents
and the necessary management, as well as using all the resources that they are
After the hand, to allow on its territory and in accordance with their national legal systems
předvolávati and hear witnesses and experts, and set out to do on-the-spot investigation
the very.
Article 15.
For the work of the Permanent Conciliation Commission shall receive compensation for each of the members whose
the amount will be determined by mutual agreement between the High Contracting Parties to the
and whose costs shall be borne by each party equally.
Article 16.
In the absence of a permanent Conciliation Commission before the settlement, the dispute may be the
submitted either to the Standing Court of international justice, under the conditions and
the rules of procedure laid down by the Statute, or the Arbitration Tribunal for the
the conditions and in accordance with the rules of procedure laid down by the Hague Convention of 18.
October 1907 concerning the peaceful dealing with international disputes.
If there is no agreement between the parties, it will be one or the other party, when
one month before it was pointed out, freedom of vznésti
requests the dispute directly to the Permanent Court of international justice.
PART II.
Article 17.
All of the questions, in which the Government of Czechoslovakia and the German Government were
rozdvojeny is a simple way to friendly rozřešiti
diplomatic, and whose execution would not be not finding how to
prescribed in article 1. of this Treaty and for which the other should
conventions in force between the parties was not prescribed any method of execution,
will be submitted to the permanent Conciliation Commission which will be responsible for navrhnouti
a solution acceptable to the parties, and in any case it message.
The proceedings provided for in articles 6-15 of this contract apply here as well.
Article 18.
If within one month of the date when the permanent Conciliation Commission ended its
work, both parties have agreed, the question at the request of one or other
The parties raised on the advice of the League of Nations, which shall decide in accordance with article
15. The Covenant society.
General provisions.
Article 19.
In all cases, and especially when the question of which are the parties to the dispute,
is the result of works, that have been already carried out, or have the right to be
executed, the Conciliation Commission or, if the matter was not raised on it, judge
the Court or a Permanent Court of international justice, shall be decided in accordance with article
41. his terms of reference, shall designate in the shortest possible period of time, what the interim
measures have to be taken. Also the Council of the League of Nations, if
the question has been raised, it maketh an appropriate interim measures.
Each of the High Contracting Parties undertakes that it shall be subjected to and that the
refrain from any measures which could have an adverse effect on the implementation of
decision or adjustment proposed by the Conciliation Commission or by the Council
The League of Nations, and that does not take anything, whether it was
anything that could přiostřiti or rozšířiti.
Article 20.
This agreement applies as between the High Contracting Parties, even if the other
Powers also have an interest in the dispute.
Article 21.
This agreement, the same as with the League of Nations Pact, the Middle
rights and obligations, which are the High Contracting Parties as members of the
The League of Nations and will not be interpreted in a way that would restrict the obligation to
The League of Nations to make the measures, which would have been eligible and long life
an effective way to world peace.
Article 22.
This Treaty shall be ratified. The ratification will be stored in Geneva for
The League of Nations at the same time with ratifikacemi contracts concluded on the same day
between Germany, Belgium, France, Great Britain and Italy.
Enter and remain in force, under the same conditions as designated by the Treaty.
This agreement, drawn up in a single copy, stored in archives
The League of Nations, whose Secretary General will be asked to gave the
each of the High Contracting Parties to the certified copies.
On conscience from the top appointed agents have signed this Treaty.
Given in Locarno, June 16. October 1925.
L. s. Dr. EDUARD BENEŠ. r.
L. with GUSTAV STRESEMANN in r.
SHLÉDNUVŠE AND PROZKOUMAVŠE THIS AGREEMENT, DECLARE THAT IT APPROVED,
PŘIJATU, POTVRZENU AND UTVRZENU AND THE POWER OF THIS SHEET SIGNED BY OUR
THE HANDS OF HER OWN ENDORSEMENT, WE ACCEPT, WE CONFIRM AND FASHIONABLE MADMEN,
WORD OF HIS PROMISING, ON BEHALF OF THE CZECHOSLOVAK REPUBLIC, IT FIRMLY AND
BE KEPT SACRED TO KEEP AND WHAT IT WAS AGAINST THE BRANCH OF THE
ANY CAUSE AND ANY IMAGINARY WAY.
THE CONSCIENCE WE HAVE THIS LIST VYHOTOVITI PREACHED AND SEAL
THEY GAVE PŘITISKNOUTI OF THE CZECHOSLOVAK REPUBLIC.
Which is GIVEN at the CASTLE of PRAGUE, 28 April. FEBRUARY ONE THOUSAND YEARS
DEVÍTISTÉHO TWENTY-SIXTH.
L. S. PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:
T. g. MASARYK in r.
MINISTER OF FOREIGN AFFAIRS:
Dr. EDVARD BENEŠ In R.
Announces that, due to the fact that the German Empire was taken
Day 8. September 1926 as a member of the League of Nations, and due to the fact that
all the instruments of ratification have been deposited in the archives of the company
Nations on 14 July. September 1926, entered a contract within the meaning of this article. 22 in
force on the 14. September 1926.
Raja in r.
