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TREATY OF SAINT-GERMAIN-PROTOCOL No. I, FOR THE RESTORATION
OF AUSTRIA, OCTOBER 4, 1922—PROTOCOL PROVIDING FOR A CUSTOMS UNION BETWEEN AUSTRIA AND GERMANY, MARCH 19, 1931
REQUEST FOR AN ADVISORY OPINION BY THE PERMANENT COURT OF INTER
NATIONAL JUSTICE CONCERNING THE PROPOSED AUSTRO-GERMAN CUS
By a letter dated May 27, 1931, the Registrar of the Permanent Court of International Justice, Mr. A. Hammarskjöld, informed the Secretary of State, in conformity with article 73 of the rules of the Court, of the request submitted to the Court on May 21, 1931, by the Council of the League of Nations, in virtue of the resolution adopted on May 19, 1931, as follows:
The Council of the League of Nations has the honour to request the Permanent Court of International Justice to give an advisory opinion, in accordance with article 14 of the Covenant, on the following question:
Would a régime established between Germany and Austria on the basis and within the limits of the principles laid down by the protocol of March 19th, 1931, the text of which is annexed to the present request, be compatible with article 88 of the Treaty of Saint-Germain ? and with Protocol No. I signed at Geneva on October 4th, 1922? 3
8 The Council requests that the Permanent Court will be so good as to treat the present request for an advisory opinion as a matter of urgency.
The Secretary-General is authorized to submit the present request to the Court, to give any assistance required in the examination of the question and, if necessary, to take steps to be represented before the Court.
H. McKinnon Wood,
Acting Legal Adviser of the Secretariat. GENEVA, May 19th, 1931.
1 For text see Bulletin No. 19, April, 1931, p. 36; also Annex to Distr. 1997, 1931, Permanent Court of International Justice.
2 For text see Treaties, Conventions, etc., betueen the United States and other Powers 1910-1923, vol. III, p. 3149.
3 For text see League of Nations Treaty Series, vol. 12, p. 387; also Annex to Distr. 1997, 1931, Permanent Court of International Justice.
CONVENTION BETWEEN THE UNITED STATES, GREAT BRITAIN, AND IRAQ
RIGHTS OF THE UNITED STATES OF AMERICA AND OF ITS NATIONALS IN
The position of the nationals of the United States in judicial matters in Iraq is regulated by the convention between the United States, Great Britain, and Iraq, signed on January 9, 1930. Under article 1 of this convention, the application of the Anglo-Iraqi judicial agree. ment of March 25, 1924, is extended to United States nationals. Article 6 of the tripartite convention provides that “no modifications of the special relations existing between His Britannic Majesty and His Majesty the King of Iraq, as defined in article 1 (other than the termination of such special relations as contemplated in article 7 of the present convention) shall make any change in the rights of the United States as defined in this convention, unless such change has been assented to by the Government of the United States."
The judicial system which is now in force in Iraq operates under the Anglo-Iraqi judicial agreement dated March 25, 1924. This agreement was concluded in execution of article 9 of the AngloIraqi treaty of alliance of October 10, 1922, which stipulated that reasonable provisions considered necessary by His Britannic Majesty in judicial matters, to safeguard the interests of foreigners in consequence of the nonapplication of the immunities and privileges enjoyed by them under capitulation or usage, would be embodied in a separate agreement.
The British Government in February, 1929, requested the approval of the Council of the League of Nations of the abolition of this judicial agreement and the substitution in place thereof of a uniform judicial system, applicable alike to the nationals of all countries, which would abolish the special régime established in favor of certain foreigners. The request of the British Government was granted, and a draft of a new judicial agreement was submitted to the Council at its session of September, 1930. The Council referred the draft to the Permanent Mandates Commission for examination, and the Commission reported to the Council “that the new agreement, while abolishing the special privileges granted to the nationals of certain foreign states under the existing judicial agreement, will provide sufficient guarantees to assure to all foreigners in Iraq good jurisdiction and fair treatment in the courts of this country, and improvements in criminal procedure in the courts, in favor of all inhabitants of the country, and that, under the new agreement, the close cooperation between the British and Iraqi authorities, and the responsibilities of the mandatory power arising out of the Covenant, will be maintained.” On January 22, 1931, the Council of the League approved the new judicial agreement in a resolution as follows:
* For text, see League of Nations Treaty Series, vol. 35, p. 132. 5 For text, see ibid., p. 14.
The Council, considering the opinion submitted to it by the Mandates Commission to the effect that it sees no objection to approval, subject to the consent of the powers concerned, of the draft of the new judicial agreement between the British Government and the Government of Iraq, initialed at Bagdad on June 30th, 1930:
Approves the terms of the agreement of June 30th, 1930, subject to the consent of the powers whose nationals enjoy privileges under the agreement of March 25th, 1924.
The new agreement was signed in Baghdad on March 4, 1931, by the British High Commissioner and the Iraqi Prime Minister.
On April 22, 1931, the British Government informed this Gov. ernment that the other powers concerned had signified their willingness to accept the new régime and requested the assent of the United States Government under article 6 of the convention between the United States, Great Britain, and Iraq of January 9, 1930, for the substitution of the new agreement in the place of the existing régime.
On June 9, 1931, the American Chargé d'Affaires ad interim at London was instructed to inform the British Government that under the terms of the tripartite convention of January 9, 1930, the Government of the United States consented to the substitution of the judicial agreement, signed March 4, 1931, for the agreement of March 25, 1924, and to the application of the former to nationals of the United States in Iraq upon its entry into force in accordance with its terms.
6 For the text of the agreement see post, p. 35.
CONVENTION FIXING THE RULES FOR THE GRANTING OF ASYLUM 1
On June 3, 1931, the American Minister to Guatemala reported that the Guatemalan Assembly had approved on May 18, 1931, the convention fixing the rules for the granting of asylum, adopted at the Sixth International Conference of American States, February 20, 1928.
CONVENTION FOR THE SUPPRESSION OF THE ABUSE OF OPIUM AND
By a note dated June 18, 1931, the Minister of the Netherlands in Washington informed the Secretary of State that on May 29, 1931, a representative of El Salvador signed the protocol concerning the coming into force of the opium convention originally signed at The Hague, January 23, 1912. The convention became operative in El Salvador on that date.
TREATMENT OF FOREIGNERS
CONVENTION FOR THE PURPOSE OF DETERMINING THE STATUS OF
On June 3, 1931, the American Minister to Guatemala reported that the Guatemalan Assembly had approved on May 18, 1931, the convention for the purpose of determining the status of aliens, adopted at the Sixth International Conference of American States, February 20, 1928.
See Bulletin No. 20, May, 1931, p. 4.
PROTECTION OF BIRDS 1
According to a letter of April 28, 1931, from the President of the International Institute of Agriculture, Rome, the international diplomatic conference for the revision of the convention of Paris of 1902, for the protection of birds, will be held in the Netherlands in October, 1931.
The Government of the United States will not take part in the conference in view of the fact that the convention of Paris relates exclusively to European birds, and in view of the fact that the interchange of birds between Europe and North America is almost negligible.
CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS France
According to a communication dated June 2, 1931, from the Acting Legal Adviser of the League of Nations, the instrument of ratification of the President of the French Republic of the convention on the execution of foreign arbitral awards, signed at Geneva, September 26, 1927, was deposited with the Secretariat on May 13, 1931.3
TREATY OF FRIENDSHIP, COMMERCE, AND CONSULAR RIGHTS BETWEEN
THE UNITED STATES AND POLAND
The Secretary of State and the Polish Ambassador signed at 12.30 p. m., June 15, 1931, a comprehensive treaty of friendship, commerce, and consular rights between the United States and Poland. The treaty defines the rights of nationals of one country residing in the other country, provides for unconditional mostfavored-nation treatment in commercial matters, and contains complete regulations in regard to the rights and prerogatives of consular officers of the one country in the other country. This treaty is simi
1 See Bulletin No. 17, February, 1931, p. 9.
? The protocol providing for a customs union between Austria and Germany, March 19, 1931, is referred to under Treaty of Saint-Germain, etc.," ante, p. 8. See Bulletin No. 18, March, 1931, p. 11.