22/1924 Sb.
Convention
and Statute on freedom of transit, agreed in Barcelona on 20. April 1921.
On behalf of the Czechoslovak Republic.
Tomas G. Masaryk,
The President of the Czechoslovak Republic,
to all,
who this sheet will be read or hear the oft,
"good morning".
On behalf of the Czechoslovak Republic,
Albanie, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China,
Colombia, Costa Rica, Cuba, Denmark, British Empire (with New Zealand and
India), Spain, Estonia, Finland, France, Greece, Guatemala, Haiti,
Honduras, Italy, Japan, Latvia, Lithuania, Luxembourg, Norway,
Panama, Paraguay, The Netherlands, Persia, Poland, Portugal, Romania,
The State of Serbia-Croatia-Slovenia, Sweden, Switzerland, and Venezuela
This Convention was agreed:
(Translation.)
Convention and Statute on freedom of transit.
Albanie, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China,
Colombia, Costa Rica, Cuba, Denmark, British Empire (with New Zealand and
India), Spain, Estonia, Finland, France, Greece, Guatemala, Haiti,
Honduras, Italy, Japan, Latvia, Lithuania, Luxembourg, Norway,
Panama, Paraguay, The Netherlands, Persia, Poland, Portugal, Romania, The State
Serbia-Croatia-Slovenia, Sweden, Switzerland, Czechoslovakia,
Uruguay and Venezuela,
eager to take charge of securing and maintaining the freedom of transport and
transit,
being of the opinion that in this case can be a means of universal conventions to
which other Powers later přistoupiti, the best way to bring to pass
the objectives of article 23 e) Convention of the League of Nations,
Recognizing the importance that it has been declared and arranged the right
free transit as one of the best means to vyvinouti
synergies are without prejudice to the jurisdiction of States and the rights of power on the go
intended for transit,
přijavše the invitation of the League of Nations to attend the Conference, gathered
day 10. March 1921 in Barcelona, and vzavše note of the final act of the
This Conference,
pečlivy believing that the listed already was in the scope of the provisions of the
adopted the Statute applicable to transit by rail and by
the road,
Desiring to uzavříti to the objectives of the Convention, the High Contracting Parties have been designated
your plnomocníky:
The Chairman of the Supreme Council of Albania:
p. Fan s. noli's,
a member of Parliament;
President of the Republic of Austria:
p. Henry Reinhardt
the Ministerial Council;
His Majesty the King of Aquitania:
p. Xaver Neujeana,
Member of the Chamber of representatives, Minister of railways, Navy, post and
Telegraph;
President of the Republic of Bolivia:
p. Dedicated Meleana,
Consulate General of Bolivia in Spain;
President of the Republic of the United States of brasilských:
His Majesty the King of Bulgaria:
p. Ljubena, Bochkova
civil engineer, Director General of railways and přidělence
ports;
President of the Republic of Chile:
Senor Manuel Rivas Vicuňa,
Envoy Extraordinary and Minister Plenipotentiary;
President of the Republic of China:
p. Ouanga Yong-Paoa,
Envoy Extraordinary and Minister Plenipotentiary;
President of the Republic of Colombia:
President of the Republic of Costa Rica:
President of the Republic of Cuba:
His Majesty the King of Denmark and Iceland:
p Peter Holck-Andrew Coldinga,
ODB. preferred in the Ministry of public works;
His Majesty the King of Spain:
Senor Don Emilio Ortuňo s Please
Member of the Chamber of Deputies, former Minister of public works;
President of the Republic of Estonia:
p. Charles Robert Puszta,
the authorised Minister;
President of the Republic of Finland:
Mr. Rolf Thesleffa,
Envoy Extraordinary and Minister Plenipotentiary;
President of the French Republic:
Mr. Maurice Sibille,
MEP, Member of the Advisory Committee of the French railroads;
His Majesty the King of the United Kingdom of Great Britain and Ireland and
British overseas territory, Emperor of India:
Sir Hubert Llewellyn-Smith, g. c. b.,
the Government's Economic Council;
and for the Dominion of New Zealand:
Sir Hubert Llewellyn-Smith, g. c. (B).
For India:
Sir Louis James-Kershawa, k. c. s. i., c. i. E.,
the Secretary of financial and Statistical Department. the Office for India;
His Majesty the King: Helénů
p Peter Scassi,
the extraordinary Envoy and Plenipotentiary Minister of His Hellenic
Majesty in Spain;
President of the Republic of Guatemala:
p. Dr. Norbert Galveza,
Consulate-General of Guatemala in Barcelona;
President of the Republic of Haiti:
Honduran President of the Republic:
His Majesty the King of Italian:
p. Paul Bignami
an engineer, a member of the former State podtajemníka;
His Majesty the Emperor of Japan:
Mr. Matsuda,
the authorized Minister, velvyslaneckého Council of the Japanese in Paris;
President of the Republic of Latvia:
p. Germaina, Albata
the State podtajemníka for Foreign Affairs;
President of the Republic of Lithuania:
p. v. Sidzikauskase,
Chargé d'affaires in Berne;
Her Royal Highness the Grand Duchess of Luxembourg:
p. Anthony Leforta,
Chargé d'affaires in Berne;
His Majesty the King of Norway:
p. Dr. Fridtjof Nansen's Them,
Professor at the University of Leipzig in 1912;
President of the Republic of Panama:
p. Dr. Evenor Hazera,
General Consul for Spain, former State podtajemníka;
President of the Republic of Paraguay:
Her Majesty the Queen of the Netherlands:
p. van Panhuyse, They
the authorised Minister;
His Majesty Shah:
J. E. Mirza Hussein Khan Alaie,
the extraordinary Envoy and Plenipotentiary Minister of the Persian in Spain;
President of the Republic of Poland:
p. Joseph Wielovieyskiho;
President of the Portuguese Republic:
Mr. Alfred Freire d ' Andrade,
the former Foreign Minister;
His Majesty the King of Romania:
p. e. Margaritesco, Grecianu
Envoy Extraordinary and Minister Plenipotentiary;
His Majesty the King of Serbs, Croats and Slovenes:
p. Ante Tresič-Pavičiče,
the extraordinary Envoy and Plenipotentiary Minister of the Spanish and
Portugal;
His Majesty the King of Sweden:
Mr. Fredrik in Hansen
the Director-General of hydraulic forces and government channels;
President of the Swiss příseženstva:
p. Giuseppe Motta
the Federal Council, the preferred federal political Department;
The President of the Republic:
Dr. Otakar Lankaše,
the Ministerial Council and the preferred transport services in the Ministry of railways;
President of the Republic of Uruguay:
p. Benjamin Fernandez y Medina,
the extraordinary Envoy and Plenipotentiary Minister in Spain;
The President of the States of Venezuela:
Already vyměnivše your power of Attorney, found in good and due form,
have agreed as follows:
Article 1.
The High Contracting Parties declare that they accept the attached Statute of
the freedom of transit, usnesený by the Barcelona Conference on 14 June 2005. April 1921.
This status will be considered as part of integrating this Convention. As a result of
the claim that they take on themselves the obligations and liabilities of the restaurants
the said Statute within the limits and under the conditions specified therein.
Article 2.
This Convention does not prejudice in any way the rights and obligations arising from the
the provisions of the peace treaty, signed on 28. June 1919 in Versailles,
NEB of provisions of other similar agreements, as regards the States such contracts
podepsavší neb from having.
Article 3.
This Convention, of which the French and English texts are authentic
shall bear the date of this day, and can be signed until January 1. December
1921.
Article 4.
This Convention shall be ratified. The instruments of ratification shall be surrendered
the Secretary-General of the League of Nations, who will notify their adoption
the other members of the company, as well as States, admitted to signing this
of the Convention. The instruments of ratification will be deposited in the archives of the tajemnického Office.
In order to meet the provisions of article 18. League of Nations Convention
the Secretary General shall accede to the Convention immediately after writing this composition
the first ratification.
Article 5.
The members of the League of Nations, who of this Convention 1. December 1921
have not signed, they will be able to přistoupiti it.
The same applies to States that are not members of the company, which will be of
resolution of the Council of the company given official notice of this Convention.
Accession shall be notified to the Secretary General of the company, which shall notify
of accession and the date when it was announced, all interested powers.
Article 6.
This Convention shall take the scope only when it will be ratified by the five
powers. Date of application scope will be the 90th day after the
the Secretary General of the company will receive the fifth instrument of ratification.
Later this Convention begins work in terms of the hand,
on the ninetieth day after the ratification instrument will party neb
notice of its approach.
As soon as this Convention comes into scope, the Secretary General shall send to the
powers, non-members of the company, which according to the peace agreements committed to the
to her přistoupiti, after the same copy of this Convention.
Article 7.
The Secretary-General of the League of Nations will lead a special record, specifying
that the parties have signed this Convention, or have ratified that
joined, because it's faded. This record will be for members of the Society
still unloaded for inspection and will follow the instructions of the Council as often as possible
uveřejňován.
8.
Subject to the provisions of article 2. This Convention, this Convention may be
any of the parties is terminated after the expiry of five years from the date on which the
due to this side of the scope.
Notice of termination is given in the form of written notification, specified to the
the Secretary-General of the League of Nations. A copy of this notification, the headlines
all the other parties of the date on which it was taken, they will be by the General
the Secretary-General immediately posted.
Testimony begins to účinkovati per year from the date when she reached the General
the Secretary, and acts only as regards the power it to be notified.
Article 9.
If so requested by at least one third of the High Contracting Parties, may be this
the Convention will be reviewed at any time.
The faith above nominated plnomocníci signed this Convention.
Done at Barcelona on the 20th of April in the year one thousand devítistého
the twenty-first in a single copy which shall remain deposited in the archives of
The League of Nations.
South Africa:
Albanie:
Fan S. Noli.
Argentina:
Australia:
Austria:
Reinhardt.
Belgium:
Xavier Neujean.
Bolivia:
Trifon Melean.
Brazil:
Bulgaria:
L. Bochkoff.
Canada:
Chile:
Manuel Rivas Vicuňa.
China:
Ouang Yong-Pao.
Colombia:
Kosta-Rica:
Cuba:
Denmark:
A. Holck-Colding.
The British Empire:
H. Llewellyn Smith.
Subject to the provisions of the Declaration, contained in the Protocol of the meeting of 19. April
1921, which concerns a British dominion at the Barcelona Conference
unrepresented.
New Zeeland:
H. Llewellyn Smith.
India:
Kershaw.
Spain:
E. Ortuňo.
Estonia:
C. R. Pusta.
Finland:
Rolf Thesleff.
France:
Maurice Sibille.
Greece:
P. Scassi.
Guatemala:
N. Galvez.
Haiti:
Honduras:
Italie:
Paolo Bignami.
Japan:
M. Matsuda.
Latvia:
Germain Albat.
Lithuania:
V. Sidzikauskas.
Luxembourg:
LeFort.
Nicaragua:
Norway:
Fridtjof Nansen.
Panama:
Evenor Hazera.
Paraguay:
Holland:
Van Panhuys.
Peru:
Persia:
Hussein Khan Alai.
Poland:
Joseph Wielovieyski.
Portugal:
A. Freire d ' Andrade.
Romania:
E. Margaritesco Grecianu.
El Salvador:
The State of Serbia-Croatia-Slovenia:
Ante Tresič-Pavičič.
Siam:
Sweden:
Fredrik Hansen.
Switzerland:
Motta.
Czechoslovakia:
Dr. Otakar Lankaš.
Uruguay:
B. Fernandez y Medina.
Venezuela:
(Translation.)
The Statute on freedom of transit.
Article 1.
For the transitující territories, standing under the sovereignty of neb powers
of one of the Contracting States, by those persons, luggage, goods,
as well as ships, boats, freight and passenger railroad cars and other transport
means carriage over a stated territory, carried out either with the
the neb resolution without him, saving to the neb without saving, whether
the cargo was composed and then loaded or not, whatever the mode of transportation was changed
or not, is just a fraction of the total shipments, which began and it is
skončiti outside the boundaries of the State whose territory transit is happening.
The transport of the kind referred to in this Statute on behalf of "transport
transit ".
Article 2.
Subject to the provisions of this Statute will be in this discussion, editing and
the implementing measures taken by the Contracting States party transfers with dějících
territories, standing under their sovereignty neb their powers,
usnadňovati free transit, whether by train, whether by water,
used the road suitable for international transit. Let there be done
the difference for the nationality of people, nor for the flag of the ship or from the neb boats
because of their place of origin, the arrival, entry, exit or destination, or Lowe
regard to the ownership of goods, ships, boats, cars and goods wagons
NEB, other means of transport.
In order to ensure the implementation of this article, States parties shall authorize the
transit its inland water under normal conditions and reservations.
Article 3.
Transit transport are not subjected to any special levies and charges
because of their transit (entry and exit, reckoned here). You can, however,
vybírati of these transit shipments of levies and fees intended exclusively for
payment dozíracích and administrative expenses incurred after transit. The amount of the
all duties and charges must, if possible, odpovídati expenses, which
have a krýti, and it is these levies and fees under the conditions of ukládati
equality, as defined in the preceding article; on certain routes can be
However, for reasons of unequal costs for supervision of these benefits and fees
obmeziti neb quite odstraniti.
Article 4.
The Contracting States undertake, when the transit shipments after transport
the move by the State, managed by the neb operated franchises, the,
either the place of departure, the neb is any determination of reasonable fares, as what
the rates and the conditions of use and taking into account the transport
ratios, as well as on the commercial competition of traffic routes. These tariffs be
designed to facilitate, as far as possible to international traffic.
No reward, advantage neb obmezení must not, directly or indirectly, záviseti
on the citizenship of the owner of the ship the neb the neb properties of any
other means of transport which has been or was to be used on the
some part of the total transport.
Article 5.
None of the parties to this Statute will not be bound to carry out an
transit passengers enter its territory is forbidden, for goods
of this kind, the importation of which is prohibited, whether for reasons of health or
public safety, whether because of a protection against animal diseases, neb
plant.
Each State party has the right to make the necessary arrangements, to be sure,
whether the persons, baggage, goods and goods subject to a monopoly,
ships, boats, passenger and freight railroad cars and other means of transport
actually transitují, as well as whether the transit passengers are to
finished your way, and in order to avoid endangering the safety of transport routes
and resources.
No provision in this Statute in no way does not prevent measures
any of the Contracting States has been forced to do by the neb will
General international conventions to which it is a party, or which
Perhaps they will be closed, in particular the measures referred to in the conventions negotiated under the
the auspices of the League of Nations of transit, export import special neb
type of goods, such as opium neb other harmful drogů, weapons, neb
fishing catches, or by General Conventions, which are intended to
protection of the rights of ownership of the industrial, literary art, neb
or conventions relating to the fake trademarks, false designation of origin
NEB, other ways of unfair trade.
In the event that the navigable roads for the transit used established
towing services have been the monopoly, must be such as to transit
ships and boats to refrain from difficulties.
Article 6.
This statute does not impose any new obligation of the States parties
povoliti on the basis of these provisions, the free transit for nationals
and their baggage or for a non-flag State, without
for goods, passenger and freight cars, neb, other means of transport
the State of arrival, the input, the output of the neb is a State of destination
constructive, except cases that should any of the other participating
the Contracting States did for serious reasons in favour of such
transit. It is assumed, however, that the goods, transitující without translation
under the flag of one of the Contracting States, shall enjoy the benefits conferred by this
the flag.
Article 7.
Exceptionally, and for a period as short as possible can be made special neb
General measures, which are contrary to the provisions of the preceding articles, to
that should any of the States parties was forced to in case of serious
the events affecting the security of the States of the vital interests of the country, the neb for
provided, that is, the principle of freedom of transit is always and long life if only
possible.
8.
This statute provides for the rights and obligations of a belligerent and neutral at the time of
war. However, it shall remain in force in time of war to the extent of such rights
and obligations compatible.
Article 9.
This statute does not impose any obligation of the States parties, which would
příčil its rights and obligations as a member of the League of Nations.
Article 10.
The Treaty, Convention, agreement on transit, the neb agreed by the Contracting States 1.
May 1921, shall not be removed by this Statute comes into scope.
Because of this conservation in effect those agreements the Parties shall undertake to
States that once the agreement expires, or when the circumstances it
They shall amend the permit as follows in effect preserved the agreement that would
would contravene the provisions of this Statute, so as to bring them into line with them,
If it allows the geographical, economic, technical conditions of countries neb the neb
landscapes, to which such agreements relate.
The Contracting States undertake to further in future treaties, conventions or neuzavrou
the agreements, which would contradict the provisions of this Statute, and which would not be
justified by the geographical, economic neb technical causes,
to justify the exceptional deviations.
The Contracting States may, moreover, uzavírati regional transit agreements in
accordance with the principles of this Statute.
Article 11.
This statute does not provide for not withdrawing the benefits of larger than they are,
resulting from its provisions and which had been provided under the conditions
concurring with its guidelines for the transport of transitující territory, standing
under the sovereignty of one of the contracting powers neb States. Also
does not contain a prohibition on skýtati similar benefits in the future.
Article 12.
Any Contracting State which will be able to validly dovolávati against the use of
one of the provisions of this Statute to the neb's throughout its territory
part of the difficult economic conditions, the ravages caused by přivoděných
on its soil, the course of the war 1914-1918, will be in accordance with article 23 (e)) of the Convention on
The League of Nations considered to be temporarily exempted from the obligations under
from the application of the provisions of the Statute, provided that the principle of freedom of transit
If it is possible and long life.
Article 13.
In the lack of a direct agreement between the States, any dispute, between the
them arise about the interpretation of the neb to use this Statute, raised to the Standing
International Court of Justice, but would be under a separate Convention neb General
arbitration clauses, the authorities agreed to the settlement of the dispute either to arbitration or
in any other way.
The appeal is lodged, as States the article 40 of the Standing
International Court of Justice.
However, these disputes were resolved in an amicable way if possible, undertake to
States parties to the předložiti is to a good semblance of authority, which will be in matters of
transport and transit Nations as the Companies appointed the Advisory and
the technical authority for the members of the company, before the call would reach any
the instance of the Court, and subject to the rights and powers of the Council and the Assembly. In
case of urgency, a preliminary assessment of all doporučiti
interim measures designed mainly to permit free transit
the returnees were all the benefits to which he enjoyed before the neb Act event
zavdavší dispute.
Article 14.
Due to the fact that in the Interior and on the borders of some of the NEB.
Contracting States may affect zone and enclaves of negligible size and sparsely
populated in relation to the territory, forming part of keeping them separate neb
departments belonging to other native States, and further, that is, for reasons of
It would be impossible to use the administrative provisions of this Statute in those zones
NEB enclaves, it is agreed that the following provisions do not apply to them.
As it is, if some of the neb has a particularly estate colony
a long border in proportion to its area, which actually makes it impossible for customs and
police surveillance.
States concerned shall, however, apply in the above mentioned cases, the order in
the limits of the options will be dbáti this Statute and policy will facilitate the transit and
transport.
Article 15.
It is understood that this Statute should not be interpreted as meaning that any
regulate the rights and obligations of "inter" territories which are part of the NEB.
they are built under the protection of a single sovereign State, the territory of the
itself are members of the League of Nations or not.
Shlédnuvše and prozkoumavše this Convention and knowing that the National Assembly
the Czechoslovak Republic agrees with it, declare it as schválenu,
přijatu, assurance and utvrzenu and by the power of this sheet signed by our
the hands of own it any endorsement, we accept, we confirm and utvrzujeme,
in a Word, promising on behalf of the Czechoslovak Republic, it firmly and
should be kept sacred, and we won't let anything happen to her was from the branch
any cause and any imaginary way.
The conscience we preach this vyhotoviti sheet and seal
the Czechoslovak Republic přitisknouti.
Which is given by the Prague Castle on 6. October 1923.
The President of the Republic:
T. g. Masaryk in r.
L. S.
Minister of Foreign Affairs:
Dr. e. Beneš in r.
Is announced, with the Czechoslovak ratification instrument was deposited
29 April 2004. October 1923 and that, consequently, the Convention shall enter under art. 6.
international activities for the Czechoslovak Republic on 27 November. January
1924.
Those States have not yet ratified the Convention: Albanie, Bulgaria, Denmark, United
Britain, Finland, India, Italy, Latvia, Norway, New Zealand and
Romania.
Joined Siam and (subject to ratification) Colombia.
Dr. Edvard Beneš in r.
