Free City of Danzig Treatment of Polish Nationals And
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[Distributed to the Members Official No. :C. 245. 1931. I. of the Council.] Geneva, April 15th, 1931. LEAGUE OF NATIONS FREE CITY OF DANZIG TREATMENT OF POLISH NATIONALS AND OTHER PERSONS OF POLISH ORIGIN OR SPEECH AT DANZIG r e q u e s t f o r a n a d v is o r y o p in i o n f r o m t h e p e r m a n e n t COURT OF INTERNATIONAL JUSTICE. Note by the Secretary- General : The Secretary-General has the honour to circulate for the consideration of the Members of the Council a copy of a letter from the High Commissioner at Danzig, dated March 31st, 1931 (with two appendices), in which the High Commissioner requests the Council to ask the Permanent Court of International Justice to give an advisory opinion on the legal points upon which the Danzig and Polish Governments differ, regarding the question at present before the High Com missioner for decision, as to the treatment of Polish nationals and other persons of Polish origin or speech at Danzig. The respective contentions of the two Governments are set out in the two memoranda attached to the High Commissioner’s letter : (1) Memorandum from the Polish Government (with annex), and covering letter from the Polish diplomatic representative at Danzig, dated March 26th, 1931; (2) Memorandum from the Danzig Government, with a covering letter from the President of the Danzig Senate, dated March 26th, 1931. L e t t e r fr o m t h e H ig h Commissioner t o t h e S e c r e t a r y -G e n e r a l . ['Translation.] Danzig, March 31st, 1931. On September 30th, 1930, the Polish Government communicated to me, under the terms of Article 39 of the Treaty of Paris of November 9th, 1920, a request for a decision concerning the treatment of Polish nationals and other persons of Polish origin or speech at Danzig. The Polish Government bases this request, in particular, on Article 104, paragraph 5, of the Treaty of Versailles and Article 33 of the Paris Treaty concluded in virtue of Article 104. The exchange of documents in conformity with the procedure in force has shown that the views of the two Governments are still sharply divided, particularly with regard to the interpreta tion of Article 33 of the Paris Treaty, as had already been noted in Article 229 of the Warsaw Agreement of October 24th, 1921, and Chapter III of the Danzig-Polish Agreement of September 1st, 1923.1 It would serve no useful purpose to examine the numerous concrete points submitted to me for decision in the above-mentioned request of the Polish Government before the legal problems involved have been settled beyond dispute. As I have had occasion to note, the procedure established by the Council on June n th, 1925, to the effect that the High Commissioner may consult experts before giving his decision is of little help in this instance. Owing to the weighty consequences of an interpretation—one way or the other—of the article in question, the party whose arguments are rejected will certainly appeal from my decision to the Council unless my decision is based upon a legal opinion of indisputable authority. In view, therefore, of the decision I am called upon to take, I venture, in agreement with the parties, to draw the Council’s attention to the eminent desirability of asking the Permanent Court of International Justice to give forth- 1 Note by the Secretary- General : See Official Journal, November 1923, pages 1419 and 1420. S.d.N. 525 (F.) 300 (A.) 4/31. Imp. Kundig. with an advisory opinion on the legal points on which the two Governments differ. In view of the possible submission of the question to the Court, each Government has attached a memorandum setting out its arguments (Appendices I and II). (Signed) M. Gravina. Appendix I. C o v e r in g L e t t e r fr o m t h e P o l ish D ipl o m a t ic R epresentative a t D a n z ig t o t h e H ig h Commissioner . [Translation.'] Danzig, March 26th, 1931. With reference to your letter of the n th inst., No. 9/B/116, I have the honour to forward to you herewith a memorandum dealing fully with the arguments in regard to Article 104, para graph 5, of the Treaty of Versailles and Article 33 of the Treaty of Paris. (Signed) H enryk St r a s b u r g e r . MEMORANDUM FROM THE POLISH GOVERNMENT. [Translation.] I. Article 102 of the Treaty of Versailles provided for the establishment of the Free City of Danzig in the following terms : “ The Principal Allied and Associated Powers undertake to establish the town of Danzig, together with the rest of the territory described in Article 100, as a Free City. It will be placed under the protection of the League of Nations.” Article 103 of the same Treaty provides that the powers of the organs of the League shall be as follows: “ A Constitution for' the Free City of Danzig shall be drawn up by the duly appointed representatives of the Free City in agreement with a High Commissioner to be appointed by the League of Nations. This Constitution shall be placed under the guarantee of the League of Nations. “ The High Commissioner will also be entrusted with the duty of dealing in the first instance with all differences arising between Poland and the Free City of Danzig in regard to this Treaty or any arrangements or agreements made thereunder. “ The High Commissioner shall reside at Danzig.” Article 104 of the Treaty of Versailles defines the rights of Poland in Danzig and in regard to Danzig : “ The Principal Allied and Associated Powers undertake to negotiate a Treaty between the Polish Government and the Free City of Danzig, which shall come into force at the same time as the establishment of the said Free City, with the following objects : “ (1) To effect the inclusion of the Free City of Danzig within the Polish Customs frontiers, and to establish a free area in the port; “ (2) To ensure to Poland without any restriction the free use and service of all waterways, docks, basins, wharves and other works within the territory of the Free City necessary for Polish imports and exports ; “ (3) To ensure to Poland the control and administration of the Vistula and of the whole railway system within the Free City, except such street and other railways as serve primarily the needs of the Free City, and of postal, telegraphic and telephonic communication between Poland and the port of Danzig; “ (4) To ensure to Poland the right to develop and improve the waterways, docks, basins, wharves, railways and other works and means of communication mentioned in this article, as well as to lease or purchase through appropriate processes such land and other property as may be necessary for these purposes ; “ (5) To provide against any discrimination within the Free City of Danzig to the detriment of citizens of Poland and other persons of Polish origin or speech ; “ (6) To provide that the Polish Government shall undertake the conduct of the foreign relations of the Free City of Danzig as well as the diplomatic protection of citizens of that city when abroad.” Articles 102, 103 and 104 of the Treaty of Versailles are the realisation of the free and secure access to the sea promised to Poland in Point 13 of the historical speech of President Wilson to Congress in Washington on January 8th, 1918. Danzig was withdrawn from the German Reich because there was no other means of providing this free and secure access to the sea which the Germans had promised to grant (letter from the Peace Conference to the President of the German delegation, June 16th, 1919). — 3 — In their reply to the observations of the German delegation, the Allied and Associated Powers indicated more fully the reasons for the separation of Danzig from the Reich and for the rights conferred on Poland in Danzig : “ The proposed settlement for Danzig has been drawn up with the most scrupulous care, and will preserve the character which Danzig held during many centuries, and, indeed, until forcibly and contrary to the will of the inhabitants it was annexed to the Prussian State. The population of Danzig is and has for long been predominantly German ; just for this reason, it is not proposed to incorporate it in Poland. But Danzig, when a Hansa city, like many other Hansa cities, lay outside the political frontiers of Germany and, in union with Poland, enjoyed a large measure of local independence and great commercial prosperity. It will now be replaced in a position similar to that which it held for so many centuries. The economic interests of Danzig and Poland are identical. For Danzig, as the great port of the valley of the Vistula, the most intimate connection with Poland is essential. The annexation of West Prussia, including Danzig, to Germany deprived Poland of that direct access to the sea which was hers by right. The Allied and Associated Powers propose that this direct access shall be restored. It is not enough that Poland should be allowed the use of German ports ; the coast, short as it is, which is Polish must be restored to her. Poland claims, and justly claims, that the control and development of the port which is her sole opening to the sea shall be in her hands and that the communications between it and Poland shall not be subjected to any foreign control, so that in this, one of the most important aspects of national life, Poland should be put on an equality with the other States of Europe.” The above-mentioned provisions of the Treaty of Versailles, together with the statement of the grounds for their adoption given by the Allied and Associated Powers, allow the following conclusions to be drawn : (1) The creation of the Free City is the result of a compromise between two aims: the principal aim—to ensure for Poland free and secure access to the sea; and the secondary aim—to guarantee to the people of Danzig and of the neighbouring territory a national development of their own.