160/1932 Sb.
CONTRACT
about Spitsbergen
On behalf of the Czechoslovak Republic
On 9 April. February 1920
was agreed in Paris
This agreement
Annex:
The Treaty of Svalbard.
President of the United States of America, his Majesty the King of great
Britain, Ireland and of the British overseas territory, the Indian emperor, His
Majesty the King of Denmark, president of the French Republic, The
Majesty King Italian, his Majesty the Emperor, Japanese
Norwegian Majesty the King, her Majesty the Queen of the Netherlands and its
Majesty the King of Sweden;
Recognizing the sovereignty of Norway over the archipelago špicberským (with Bear
the island), but desiring to the territory of these was suitable
the establishment, which was comprised of využitkování and their use for the purposes of
peace,
established, with a view to the negotiation of the Treaty, its authorised representative:
President Of The United States Of America:
Mr. Hugh Campbell Wallace-and,
Ambassador Extraordinary and Plenipotentiary of the United States of America
Paris;
His Majesty the King of Great Britain, Ireland and the British territory
overseas, Emperor of India:
velectihodného the Earl of Derby,
K. g. G. C. V. O. C. B., Ambassador Extraordinary and Its
British Majesty in Paris,
and
for the dominion of Canada:
the Honourable Sir George Halsey Perley-e,
K. c. m. g., the Canadian High Commissioner in the United Kingdom;
for the Australian Commonwealth:
Andrew Fisher-and velectihodného,
Australian High Commissioner in the United Kingdom;
for dominion novozelandské:
velectihodného Sir Thomas Mackenzie,
K. c. m. g., of the High Commissioner in the United novozelandského
Kingdom;
for the Union of South Africa:
Mr. Reginald Andrew Blankenberg-and-and,
O. B. E., the representative of the High Commissioner of the Union of South Africa
The United Kingdom;
for India:
velectihodného the Earl of Derby,
K. G. G. C. V. O. C. B.;
His Majesty the King of Denmark:
p. Hermann Anker Bernhoft-and,
the extraordinary Envoy and Plenipotentiary Minister of his Majesty
the King of Denmark in Paris,
President of the French
States:
p. Alexandra Millerand-and,
the Prime Minister, the Minister of Foreign Affairs;
His Majesty the King of Italian:
the Honourable Maggiorino Ferraris-e,
Royal Senator;
His Majesty the Emperor
Japanese:
p. k. Matsui-ho,
extraordinary Ambassador of his Majesty the Emperor
Japanese in Paris;
His Majesty the King of Norway:
p. Baron Wedel Jarlsberg of-u,
the extraordinary Envoy and Plenipotentiary Minister of his Majesty
the King of Norway in Paris;
Her Majesty the Queen
the Netherlands:
p. John-and Loudon-and,
the extraordinary Envoy and Plenipotentiary Minister of her Majesty
the Queen of the Netherlands in Paris;
His Majesty the King of Sweden:
Mr. Earl j.-j.-a. Ehrensvärd-and,
the extraordinary Envoy and Plenipotentiary Minister of his Majesty
the King of Sweden in Paris;
who, vyměnivše his attorney, found in good and due form,
They agreed on the following provisions:
Article 1
The High Contracting Parties have agreed that the conditions laid down
by this agreement the full sovereignty of Norway over the archipelago of špicberským, to
that it is next to the bear Island (Beeren-Eiland) all the Islands
lying between 1O and 35 degrees East longitude at Greenwich, and between
74 and 81 degrees North, namely: Western Svalbard,
The North-East of the country, the island of Barentův island of Edgeův, the islands of Wicheovy,
island of hope or Hopen Eiland and Earth-prince Charles (Prince Charles), and
both Islands themselves, as well as the islets and rocks that belong to them.
Article 2
The ship, as well as members of all the High Contracting Parties will as well
Once admitted to the exercise of the right of fishing and the rights of the honebního in the areas of
listed in article 1. and in the territorial waters of these areas.
The Affairs of Norway to the town, has made or announced measures
towards conservation of the fauna and Flora to restore those
areas and their territorial waters, it is understood, however, that the measures will be
always týkati to the same extent nationals of the High Contracting Parties,
without any exceptions, benefits of the neb privileges, direct or indirect, in
favor any of them.
The holders of which are recognised within the meaning of article 6. and 7% for
their exclusive right požívati honebního: 1. near
homes, houses, warehouses, factories, and object-based for the purpose of
the exploitation of the soil under the conditions laid down by local police regulations;
2. within a radius of ten kilometres around the main place of business or
the economy; in both of these cases, with the proviso that it will be investigated
the regulation issued by the Norwegian Government, under the conditions laid down in this
article.
Article 3
Nationals of all the High Contracting Parties will be požívati the same freedom,
as regards the proceeding and delay for any reason in the waters,
fjords and ports of call in the areas listed in the article. 1. May
I do in them without any restrictions, with the proviso that the dbáti will be
local laws and regulations, the activities of maritime, industrial, mining
or business, on the basis of full equality.
Is allowed under conditions of equality highlights to donate any
maritime, industrial, těžařskému or business enterprise, as well on the
land as in territorial waters, without, however, any of the enterprises could
to be reserved for a monopoly of any kind.
Quite apart from the provisions in force in Norway about sailing the coast (cabotage) will be
ships flying the High Contracting Parties of the areas of those in the article. 1 or
to them, both in the way there so on the way back, veplouti to
ports of Norway, for the purpose of boarding or disembarking passengers
or goods originating from those areas or designated, or from
any other cause.
It is understood that after each page, and in particular with regard to the export, import and
transit, members of all the High Contracting Parties, their ship and
the goods will not be podléhati any of the fee, which would limit the neb
subject to members, ship and goods States enjoying in Norway
the highest benefits. Norwegian nationals, their ship and goods are behind it
to put on a par with nationals of other Contracting Parties, and
dealing with them is not after any page.
Exports all the goods into the territory of one of the contracting powers
will not be subjected to no dose or obmezení different or worse than
She dose or obmezení, which applies to the export of goods of the same kind in the territory of the
other Contracting powers (including Norway) or to any other country.
Article 4
The ship of all flags, and the nationals of the High Contracting Parties may at any time
and for full equality for its reports on the use of all in the article. 1
areas already built or designed to
approval or Norwegian Government care public stations intrinsic telegraphy,
and under the conditions laid down in the Convention of radiotelegrafickou 5. July
1912, or International Convention which would be replaced.
Subject to the international obligations arising from a State of war, the
the owners of the land always be sincerity and to their own purposes battle dragons
spark telegraphy devices, which will be able to in matters
private art in conjunction with permanent or mobile stations
jiskrovými, including stations set up on ships or aircraft.
Article 5
The High Contracting Parties recognise the need for zříditi in the areas set out
in the article. 1., international weather station, whose organisation will be
the subject of the next Convention.
The conditions under which it will be in those Territories konati scientific
the research work shall also be established by the Convention.
Article 6
Subject to the provisions of this article recognises the validity of the rights acquired
nationals of the High Contracting Parties.
The claims relating to the rights arising from the holding or gripping (occupation) before
by signing this contract, they will vyřizovati under the provisions of the attached
the annex, which will have the same validity of this agreement.
Article 7
Norway undertakes to povoliti, in the areas referred to in article 14(2). 1. all
nationals of the High Contracting Parties, as regards the acquisition, enjoyment and
application of the law of property, including the rights of mining, waste based
on full equality and the corresponding provisions of this Treaty.
The expropriation will be able to be carried out only on grounds of public interest, and
for fair compensation.
Article 8
Norway undertakes, within the areas listed in the article. 1 shall establish mining
mode, namely, in respect of all types of customs duties, levies and charges
and the General and special conditions of work, excluding any privileges,
monopolies and advantages in favour of one of the Contracting Parties (Norway
including) or members of this party, and who regularly paid
the salary of the staff of all categories shall guarantee and protection necessary for their
physical, moral and intellektuálnímu well-being.
Taxes, fees and other charges will be introduced only as long as they are factually
justified. Revenue there will be used exclusively for the benefit of those
areas.
With regard more specifically to the exports of metal ores, the Norwegian Government has the ability to export zavésti
duty; However, to a maximum of 100 000 tonnes exported shall not be greater that duty
one percent of the maximum prices of exported ore; from this amount
starting with the export duties will gradually zmenšovati. The price of goods determined
It will be the end of the period, ku, that calculates the average of its price
ex-ship (franco-bord).
The Norwegian Government shall notify the other Contracting powers draft mining mode, and
within 3 months prior to the date on which the proposal fits into force. If
in that period, one or more of such Contracting Party has proposed an amendment
These rules before using them, he would have notified the Norwegian proposal
the Government of the other Contracting powers in order to be examined and
It was decided by the Commission, which will be one representative of each
the contracting powers. Said the Commission will be convened by the Norwegian Government and decides
on the matter within three months from the date when gathered. The decision of the
it becomes a majority of votes.
Article 9
Subject to the rights and obligations, which could vzniknouti from his Norway
accession to the League of Nations committed to Norway, that the software does not
založiti will not allow any naval base in the areas listed in
Article 1, as well as that to build any fortifications in these areas,
which is not to be used for the purposes of war never.
Article 10
Until the recognition of the Russian Government, the parties of the High Contracting Party shall be
Russia to accede to this agreement, then the Russian nationals
and the Russian company požívati those rights enjoyed by members of the
the High Contracting Parties.
Rights which they should exercise in the areas defined in article 5(2). 1. the, the
submitted by the Danish Government, under the conditions laid down in article 4(1). 6
This agreement and the annex to it by the Danish Government, which is
willing to offer for this purpose their good service.
This agreement is applicable for the wording of the French and English, will be
ratified.
Ratification will be deposited as soon as possible in Paris.
Powers, whose Government has its head office outside of Europe, will have the option to
omeziti on the communication from the Government of the Republic of France, through its
diplomatic representatives in Paris, that the ratification of the
has occurred; in this case, they will render ratification of what
soon as possible.
This agreement shall enter into force in respect of the provisions of article. 8. as soon as the
It will be ratified by all signatárními powers, and in respect of all
other provisions, together with the mining regime laid down in the said
article.
Other powers will be invited by the Government of the French Republic, the
the proper ratified the Treaty signatories. Accession becomes
notifications sent by the French Government, which shall inform the other about it
the Contracting Parties.
On conscience from the top appointed agents have signed this agreement.
Done at Paris, this ninth day of February in the year 1920, in two copies, of which
one will be handed over to the Government of his Majesty the King of Norway, the second
It remains stored in the archives of the Government of the French Republic; certified true copies of
shall be surrendered to the other signatárním powers.
L.S.
Hugh c. Wallace v.r.
L.S.
Derby v.r.
L.S.
George h. Perley v.r.
L.S.
Andrew Fisher v.r.
L.S.
Th. Mackenzie v.r.
L.S.
R. a. Blankenberg v.r.
L.S.
Derby v.r.
L.S.
H. a. Bernhoft v.r.
L.S.
A. Millerand v.r.
L.S.
Maggiorino Ferraris v.r.
L.S.
K. Matsui v.r.
L.S.
Wedel Jarlsberg v.r.
L.S.
J. Loudon v.r.
L.S.
J. Ehrensvärd v.r.
XIII.
§ 1
1. Within three months of the date on which this Treaty enters into force,
all land claims that have already been submitted to the Governments, perhaps different
powers before signing of this contract, will be announced by the Government
the complainant, the Commissioner, responsible for examining these requests. This
the Commissioner will be a judge or a lawyer of Danish nationality to
qualified, who will be determined by the Danish Government.
2. This notification shall be obsahovati the exact delimitation of the scope of the required
soil and will be accompanied by a map in scale 1:1 000 000, on which
It will be clearly shown the required territory.
3. At the same time with the announcement of folded money will be 1 penny (1 d) per acre
(40 acres) of land required to cover expenses caused by examining the claims.
4. The Commissioner shall have the right of persons having claims shall require from all
For more papers, documents and information presentation considers it necessary.
5. The Commissioner shall examine the claims thus notified. For that purpose, may
přibrati help's technical strength, in which synergy would
necessary, or can make a local credit investigation.
6. the remuneration of the Commissioner will be established by mutual agreement between the Government of the Danish
and other interesovanými Governments. The Commissioner shall determine the amount of the reward itself
the auxiliary forces, which it deems necessary to battle dragons.
7. After examining the Rights Commissioner shall draw up a report in which it shall state precisely
which of these claims in his opinion have to be immediately recognised as
justified and that because they were naříkány, or from any other
reasons should be submitted according to the opinion of the Tribunal, as
It will also be speaking. Copies of this report will be sent to the Commissioner
interesovaným Governments.
8. in the event that the amount of money made up by 3. the paragraph was not enough to cover the
expenses incurred by examining the request, the Commissioner may, if the legitimacy of the
requirements, provides just the balance that has to be by the person claiming
incorporated. The amount of the said amount will be determined according to the surface area of land
which were recognized the legitimate demands.
If the amount of a compound in accordance with paragraph 3. exceeded the expenses referred to above,
the surplus will be used to pay the expenses of the above mentioned arbitration
control.
9. within three months from the date on which the report is made, which is 7.
paragraph of this section, the Norwegian Government shall take the measures necessary to
granted, he was the person whose claims have been recognised by the Commissioner,
a valid title, which would have ensured the exclusive ownership of the
the territory, in accordance with the laws and regulations which are or
will be in force in the areas listed in article 1. This agreement and the
subject to the mining of the measures referred to in article 8. of the above-mentioned
of the Treaty.
However, in the case that would have to be based on one of the upper 8. paragraph
zapraviti supplement, the title will be issued just provisorní and becomes
Finally, once the person is entitled uplatnivší paid for by the mentioned in the supplement
reasonable period of time, that the Norwegian Government will be established.
§ 2
Claims that for any reason the Commissioner referred to in section 1 does not recognise a
justified, will be dealt with according to the following provisions:
1. Within 3 months from the date on which the report is made, which is 7. paragraph
the previous section, each of the Governments of the States to which the person belongs,
whose claims have been upheld, one referee.
The Court thus constructed předsedati the Commissioner. He will have a voice
crucial in a tie. The Commissioner shall appoint a Secretary
the reception of the documents referred to in 2. paragraph of this section, which has
also the task to make the necessary arrangements to convene Court.
2. Within a period of one month from the date on which the Secretary will be appointed,
in paragraph 1, transmit to the persons claiming his entitlements through their
the Governments submission, in which it will be precisely defined and their claims to which
accompanied by any documents and justification, which would perhaps like to
their claims podporovati.
3. within two months of the appointment of the Secretary-General referred to in paragraph 1 shall meet
the Court in Copenhagen in order to explore the claims he submitted.
4. the language of the Court will be the English language. All the papers or reasons
interested parties may předložiti in your own language, but will need to be
in any case, however, it is a translation of the English.
5. The person exercising the claims may be, if they so wish, to be examined
the Court either personally or through his representative, and the Court has the right shall demand from the
them all the clarification and all documents or additional justification,
which it considers necessary.
6. Before the Court begins to zabývati case vybéře from each party advance
the amount, which according to his judgement will be needed to cover part of the judicial
expenses attributable to each individual complainant. The amount of this
the amount set by the Court, mainly in relation to the required land area. In
matters in which incur extraordinary expenses, the Court shall require the
the sides of the balance of the advance.
7. the amount of the fees of the arbitration judges will be established on a monthly basis and intended
the participating Governments. The President shall determine emoluments of the Secretary-General and of all the
other forces employed in a court.
8. subject to the provisions of this annex, the Tribunal should have power of Attorney
the procedure for their control.
9. during the examination of the claims, the Court will take into account:
and) all rules of international law, which it would be possible to use;
(b)), the General principles of Justice;
(c)) the following circumstances:
1. the time when the land on which the claim is, for the first time was occupied
the complainant or his predecessors;
2. the date on which the claim was notified to the Government;
3. to what extent the complainant or his predecessors educate land, on which the
shall be entitled to, and benefited from it. The Court shall consider the circumstances when this page and
the obstacles that the consequence of the war of 1914-1919 to them
zabrániti in the exercise of their rights.
10. all the expenses of the Court will be divided between the complainant in relation
laid down by the Court. In the event that the amounts established in accordance with paragraph 6.
exceed the amount of legal costs, the excess will be returned to persons whose
the requirements were approved, and in proportion, which will be approved by the Court.
11. The Court's decision will be communicated to the interested Governments and also to the Government
the Norwegian.
Within three months after receipt of the decision by the Norwegian Government shall take the necessary measures,
to the persons, which claims will be accepted by the Court, have been granted a valid
titles in accordance with the laws and regulations which are or will be in the
the validity of the territories listed in article 1. thereof, and with
subject to the regulation of the mining regulations, referred to in article 8. of the above-mentioned
of the Treaty. However, the titles will become substantive until payment of
the amount of spending attributable to the complainant, the Court within a reasonable time,
already determined by the Government of Norway.
§ 3
Any claims which have not been notified to the Commissioner in accordance with paragraph 1.
§ 1, or nebyvše, have not been recognized by him in accordance with § 2 will be brought before the Court
considered totally extinct.
Prozkoumavše this contract with the annex, we approve it and declare that the
The Czechoslovak Republic to it by this Charter.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
Prague Castle on 26 April. December devítistého the twentieth one thousand years
the ninth.
The President of the Republic:
T. g. Masaryk in r.
Minister of Foreign Affairs:
Dr. Edvard Beneš in r.
Is announced, with the approach of the Czechoslovak Republic was announced
the Government of the French Republic on 9 April. July 1930, so the Treaty became
for the Republic of Czechoslovakia, pursuant to article 10, para. 7., international
the scope of the day of the 9. July 1930.
Agreement are bound by the following States:
The Netherlands (from 3./IX. 1920), United Kingdom (since 29./XII. 1923), Denmark
(from 24/1924), joint. States of America (from 2./IV. 1924), Italy (from
6./VIII. 1924), France (from 6./IX. 1924), Sweden (from 15/IX., 1924),
Norway (from 8./x. 1924), Japan (from 2./IV. 1925), Belgium (since 27/v
1925), Monaco (22./VI.), Switzerland (from 30 September/VI. 1925), China (from
1./VII. 1925), Jihoslavie (from 6./VII. 1925), Romania (10./VII.
1925), Finland (from 12./VIII. 1925), Hedžas (14./VIII.), Egypt
(from 13./IX. 1925), Bulgaria (from the 20/x. 1925), Greece (from 21/x. 1925),
Spain (from 12./XI. 1925), Germany (16 June/XI. 1925), Afghanistan (from
23./XI. 1925), Dominican Rep. (from 3 1st/2nd, 1927), Argentina (from 6./
1927), Portugal (since 24/x. 1927), Hungary (since 29/x. 1927),
Venezuela (8.1928 1st/2nd), Chile (from 17./XII. 1928), Austria (from
12./III. 1930), Estonia (7./IV.), Albanie (from 29/IV. 1930)
Czechoslovak Republic (from 9./VII. 1930) and Poland (from 2./IX. 1931)
.
Dr. Edvard Beneš in r.
