Lapas attēli
PDF
ePub

The object of paragraph 5 of Article 104 is to prevent any discrimination to the detriment of Polish nationals etc. The Court considers that the clause is intended to prohibit any discrimination on the ground of the Polish character of the persons in question. It observes that the provision, which is purely negative, in that it is confined to a prohibition of any discrimination, is silent on the question between whom no discrimination is to be made: accordingly it affords no standard of comparison. The Court, observing that in this connexion the question had been raised whether the Articles of the Treaty of Versailles concerning Danzig had become binding on the Free City, says that the contents of Article 104: 5 of the Treaty have undoubtedly become a rule of law binding on the Free City in relation to Poland, but only because they have been reproduced in the Convention of Paris. Moreover this provision is only enforceable in respect of Danzig in that it is an authentic expression of the mandate conferred on the Principal Powers. From the point of view of relations between Danzig and Poland, the Convention of Paris is the instrument directly binding upon the Free City; the Treaty of Versailles may however be invoked, if need be, in order to elucidate the meaning of the Convention.

Proceeding next to the interpretation of Art. 33 of the Convention, the Court, on the basis of an analysis of the circumstances in which that article had its origin, observes that, at the outset, the article was confined to granting to Polish nationals etc. the system of minority protection and that this system was regarded as fulfilling the object aimed at by Art. 104: 5 of the Treaty of Versailles. Do the modifications subsequently made in the Convention-more particularly the insertion of the actual terms of Art. 104:5 of the Treaty of Versailles in Art. 33 of the Convention-alter this situation? Poland thinks that they do. Danzig takes the opposite view: according to the Polish Government, this article now grants Polish nationals etc. national treatment; according to the Danzig Government, it still means the minority system only.

The Court takes neither of these views. In its opinion, Danzig, by accepting the article in question, has assumed two undertakings: to apply to minorities in her territory (including foreigners fulfilling the requisite conditions as regards origin, race, language or religion) the system laid down for minorities in Poland; and also to prevent any discrimination to the detriment of Polish nationals etc. by reason of their Polish character. The latter undertaking,which according to the Court is new-may be considered as a guarantee also to grant to Polish nationals etc. any rights, more extensive than those ensuing from the minority system, which the Free City may accord to minorities or foreigners not belonging to a minority in her territory.

Finally, the Court observes, on the one hand, that the minority system, as always, only represents the minimum guarantees imposed on the State concerned, which remains at liberty to grant more extensive rights, and, on the other hand, that the free and secure access to the sea guaranteed to Poland by provisions of the Convention of Paris, other than art. 33, is irreconciliable with a system under which the territory of Danzig would be closed to Poles.

THE HAGUE, February 4th, 1932.

HUMANITARIAN

EXTRADITION

TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN 1

On February 19, 1932, the Senate gave its advice and consent to the ratification by the President of the extradition treaty between the United States and Great Britain, signed at London December 22, 1931.

TREATY BETWEEN THE UNITED STATES AND GREECE 2

On February 19, 1932, the Senate gave its advice and consent to the ratification by the President of the extradition treaty between the United States and Greece, signed at Athens May 6, 1931.

Greece

NATIONALITY

LIABILITY FOR MILITARY SERVICE

In the absence of a naturalization treaty between the United States and Greece, naturalized American citizens of Greek origin or American citizens born in this country of Greek parentage have been held by the Greek Government for military service or for a military fine in lieu of such service, when they returned on a visit to the mother country.

In 1929 the Greek Government granted an amnesty, from March 1, to former Greek subjects naturalized in the United States and persons born in the United States of Greek parents, and such persons returning to Greece during that period were not obliged to perform their military service and no measures by reason of alleged military obligations were taken against them. This amnesty was later extended to cover the years 1930 and 1931. The Department of State has been informed that the exemption from the alleged military obligations accorded by the Greek Government during 1930 and 1931 has not been extended to cover the year 1932, and the Greek Government will not engage itself to exempt American citizens of Greek origin,

See Bulletin No. 28, January, 1932, p. 14.

2 See Bulletin No. 20, May, 1931, p. 4.

naturalized since January 15, 1914, from military service during 1932, should such persons return to Greece and come temporarily within the jurisdiction of the Greek Government.

OPIUM

CONVENTION FOR THE SUPPRESSION OF THE ABUSE OF OPIUM AND OTHER DRUGS 3

Latvia

By a note dated February 9, 1932, the Minister of the Netherlands in Washington informed the Secretary of State that on January 18, 1932, Latvia signed the protocol concerning the coming into force of the opium convention signed at The Hague, January 23, 1912. The convention became operative in Latvia on that date.

WOMEN AND CHILDREN

INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TRAFFIC IN WOMEN AND CHILDREN

Zanzibar Protectorate

According to a circular letter dated February 5, 1932, from the League of Nations, the British Government has adhered, in respect of the Zanzibar Protectorate, to the international convention for the suppression of traffic in women and children, signed at Geneva September 30, 1921.

The adherence became effective as from January 14, 1932.

[blocks in formation]

ECONOMIC

AGRICULTURE

INTERNATIONAL AGRICULTURAL MORTGAGE CREDIT COMPANY 1

Rumania

According to communiqué No. 5480, February 5, 1932, from the Information Section of the League of Nations, the instrument of ratification by Rumania of the convention for the creation of an international agricultural mortgage credit company, which was opened for signature at Geneva, May 21, 1931, was deposited with the Secretariat on February 4, 1932.

COMMERCE

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS 2

Greece

By a communication dated January 28, 1932, the Legal Adviser of the Secretariat of the League of Nations informed the Secretary of State that the instrument of ratification by Greece of the convention on the execution of foreign arbitral awards, signed at Geneva September 26, 1927, was deposited with the Secretariat on January 15, 1932, in accordance with the provisions of article 7 of the convention. The ratification is subject to the following reservation made by Greece when signing the convention: 3

The Hellenic Government reserves the right to limit the obligations mentioned in Article 1, to contracts which are considered as commercial under its national law.

COPYRIGHT

RECIPROCAL COPYRIGHT RELATIONS BETWEEN THE UNITED STATES AND

GREECE

Reciprocal copyright relations established between the United States and Greece by presidential decree issued in Greece and by proclama

1 See Bulletin No. 28, January, 1932, p. 18.
See Bulletin No. 25, October, 1931, p. 13.
'Official translation of the League of Nations.
106422-32--2

13

tion issued by the President of the United States will come into operation on March 1, 1932. Under the decree of the President of Greece the benefits of the copyright laws of Greece are extended to citizens of the United States and by the proclamation of the PresiIdent of the United States the nationals of Greece are declared to be entitled to the benefits of the act of Congress approved March 4, 1909, and acts amendatory thereof, relating to copyright.

The President's proclamation issued on February 23, 1932, follows:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS it is provided by the act of Congress approved March 4, 1909 (35 Stat. 1075-1088), entitled "AN ACT To Amend and Consolidate the Acts Respecting Copyright," that the copyright secured by the act, except the benefits under section 1(e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation. only upon certain conditions set forth in section 8 of the said act, to wit:

(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or

(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto; and

WHEREAS it is provided by section 1(e) of the said act of Congress, approved March 4, 1909, that the provisions of the act "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights"; and

WHEREAS the President is authorized by the said section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the act may require; and

WHEREAS Satisfactory official assurances have been received that on and after March 1, 1932, citizens of the United States will be entitled to obtain copyright for their works in Greece which is substantially equal to the protection afforded by the copyright laws of the United

« iepriekšējāTurpināt »