Page images
PDF
EPUB

frontier between Turkey and Russia, subject to the provisions. of Article 89.

(5.) The Black Sea.

28. The frontiers described by the present Treaty are traced on the one-in-a-million maps* attached to the present Treaty. In case of differences between the text and the map, the text will prevail.

29. Boundary Commissions, whose composition is or will be fixed in the present Treaty or in Treaties supplementary thereto, will have to trace these frontiers on the ground.

[ocr errors]

They shall have the power, not only of fixing those portions which are defined as a line to be fixed on the ground," but also, if the Commission considers it necessary, of revising in matters of detail portions defined by administrative boundaries or otherwise. They shall endeavour in all cases to follow as nearly as possible the descriptions given in the Treaties, taking into account, as far as possible, administrative boundaries and local economic interests.

The decisions of the Commissions will be taken by a majority, and shall be binding on the parties concerned. The expenses of the Boundary Commissions will be borne in equal shares by the parties concerned.

30. In so far as frontiers defined by a waterway are concerned, the phrases "course" or "channel" used in the descriptions of the present Treaty signify, as regards nonnavigable rivers, the median line of the waterway or of its principal branch, and, as regards navigable rivers, the median line of the principal channel of navigation. It will rest with the Boundary Commissions provided for by the present Treaty to specify whether the frontier line shall follow any changes of the course or channel which may take place, or whether it shall be definitely fixed by the position of the course or channel at the time when the present Treaty comes into force.

In the absence of provisions to the contrary in the present Treaty, islands and islets lying within three miles of the coast are included within the frontier of the coastal State.

31. The various States concerned undertake to furnish to the Commissions all documents necessary for their tasks, especially authentic copies of agreements fixing existing or old frontiers, all large scale maps in existence, geodetic data, surveys completed but unpublished, and information concerning the changes of frontier watercourses. The maps, geodetic data, and surveys, even if unpublished, which are in the possession of the Turkish authorities must be delivered at Constantinople, within thirty days from the coming into Not reproduced.

[ocr errors][merged small]

force of the present Treaty, to such representative of the Commissions concerned as may be appointed by the Principal Allied Powers.

The States concerned also undertake to instruct the local authorities to communicate to the Commissions all documents, especially plans, cadastral and land books, and to furnish on demand all details regarding property, existing economic conditions, and other necessary information.

32. The various States interested undertake to give every assistance to the Boundary Commissions, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, materials (sign-posts, boundary pillars) necessary for the accomplishment of their

mission.

In particular the Turkish Government undertakes to furnish to the Principal Allied Powers such technical personnel as they may consider necessary to assist the Boundary Commissions in the accomplishment of their mission.

33. The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commissions.

34. The pillars will be placed so as to be intervisible; they will be numbered, and their position and their number will be noted on a cartographic document.

35. The protocols defining the boundary and the maps and documents attached thereto will be made out in triplicate, of which two copies will be forwarded to the Governments of the limitrophe States, and the third to the Government of the French Republic, which will deliver authentic copies to the Powers who sign the present Treaty.

PART III.-POLITICAL CLAUSES.

Section I.-Constantinople.

36. Subject to the provisions of the present Treaty, the High Contracting Parties agree that the rights and title of the Turkish Government over Constantinople shall not be affected, and that the said Government and His Majesty the Sultan shall be entitled to reside there and to maintain there the capital of the Turkish State.

Nevertheless, in the event of Turkey failing to observe faithfully the provisions of the present Treaty, or of any Treaties or Conventions supplementary thereto, particularly as regards the protection of the rights of racial, religious or linguistic minorities, the Allied Powers expressly reserve the right to modify the above provisions, and Turkey hereby agrees to accept any dispositions which may be taken in this

connection.

Section II.-Straits.

37. The navigation of the Straits, including the Dardanelles, the Sea of Marmora and the Bosphorus, shall in future be open, both in peace and war, to every vessel of commerce or of war and to military and commercial aircraft, without distinction of flag.

These waters shall not be subject to blockade, nor shall any belligerent right be exercised nor any act of hostility be committed within them, unless in pursuance of a decision of the Council of the League of Nations.

38. The Turkish Government recognises that it is necessary to take further measures to ensure the freedom of navigation provided for in Article 37, and accordingly delegates, so far as it is concerned, to a Commission to be called the Commission of the Straits," and hereinafter referred to as "the Commission," the control of the waters specified in Article 39.

The Greek Government, so far as it is concerned, delegates to the Commission the same powers and undertakes to give it in all respects the same facilities.

Such control shall be exercised in the name of the Turkish and Greek Governments respectively, and in the manner provided in this Section.

39. The authority of the Commission will extend to all the waters between the Mediterranean mouth of the Dardanelles and the Black Sea mouth of the Bosphorus, and to the waters within three miles of each of these mouths.

This authority may be exercised on shore to such extent as may be necessary for the execution of the provisions of this Section.

40. The Commission shall be composed of representatives appointed respectively by the United States of America (if and when that Government is willing to participate), the British Empire, France, Italy, Japan, Russia (if and when Russia becomes a member of the League of Nations), Greece, Roumania, and Bulgaria and Turkey (if and when the two latter States become members of the League of Nations). Each Power shall appoint one representative. The representatives of the United States of America, the British Empire, France, Italy, Japan and Russia shall each have two votes. The representatives of Greece, Roumania, and Bulgaria and Turkey shall each have one vote. Each Commissioner shall be removable only by the Government which appointed him.

41. The Commissioners shall enjoy, within the limits specified in Article 39, diplomatic privileges and immunities.

42. The Commission will exercise the powers conferred on it by the present Treaty in complete independence of the

local authority. It will have its own flag, its own budget and its separate organisation.

43. Within the limits of its jurisdiction as laid down in Article 39 the Commission will be charged with the following duties:

(a.) The execution of any works considered necessary for the improvement of the channels or the approaches to harbours.

(b.) The lighting and buoying of the channels.

(c.) The control of pilotage and towage.

(d.) The control of anchorages.

(e.) The control necessary to assure the application in the ports of Constantinople and Haidar Pasha of the régime prescribed in Articles 335 to 344, Part XI (Ports, Waterways and Railways) of the present Treaty.

(f.) The control of all matters relating to wrecks and salvage.

(9.) The control of lighterage.

44. In the event of the Commission finding that the liberty of passage is being interfered with, it will inform the representatives at Constantinople of the Allied Powers providing the occupying forces provided for in Article 178. These representatives will thereupon concert with the naval and military commanders of the said forces such measures as may be deemed necessary to preserve the freedom of the Straits. Similar action shall be taken by the said representatives in the event of any external action threatening the liberty of passage of the Straits.

45. For the purpose of the acquisition of any property or the execution of any permanent works which may be required, the Commission shall be entitled to raise such loans as it may consider necessary. These loans will be secured, so far as possible, on the dues to be levied on the shipping using the Straits, as provided in Article 53.

46. The functions previously exercised by the Constantinople Superior Council of Health and the Turkish Sanitary Administration which was directed by the said Council, and the functions exercised by the National Lifeboat Service of the Bosphorus, will within the limits specified in Article 39 be discharged under the control of the Commissior and in such manner as it may direct.

The Commission will co-operate in the execution of any common policy adopted by the League of Nations for preventing and combating disease.

47. Subject to the general powers of control conferred upon the Commission, the rights of any persons or companies now holding concessions relating to lighthouses, docks, quays or similar matters shall be maintained; but the Com

mission shall be entitled if it thinks it necessary in the general interest to buy out or modify such rights upon the conditions laid down in Article 311, Part IX (Economic Clauses) of the present Treaty, or itself to take up a new concession.

48. In order to facilitate the execution of the duties with which it is entrusted by this Section, the Commission shall have power to organise such a force of special police as may be necessary. This force shall be drawn so far as possible from the native population of the zone of the Straits and islands referred to in Article 178, Part V (Military, Naval and Air Clauses), excluding the islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene. The said force shall be commanded by foreign police officers appointed by the Commission.

49. In the portion of the zone of the Straits, including the islands of the Sea of Marmora, which remains Turkish, and pending the coming into force of the reform of the Turkish judicial system provided for in Article 136, all infringements of the regulations and bye-laws made by the Commission, committed by nationals of capitulatory Powers, shall be dealt with by the Consular Courts of the said Powers. The Allied Powers agree to make such infringements justiciable before their Consular Courts or authorities. Infringements committed by Turkish nationals or nationals of non-capitulatory Powers shall be dealt with by the competent Turkish judicial authorities.

In the portion of the said zone placed under Greek sovereignty such infringements will be dealt with by the competent Greek judicial authorities.

50. The officers or members of the crew of any merchant vessel within the limits of the jurisdiction of the Commission who may be arrested on shore for any offence committed either ashore or afloat within the limits of the said jurisdiction shall be brought before the competent judicial authority by the Commission's police. If the accused was arrested otherwise than by the Commission's police he shall immediately be handed over to them.

51. The Commission shall appoint such subordinate officers or officials as may be found indispensable to assist t in carrying out the duties with which it is charged.

52. In all matters relating to the navigation of the waters within the limits of the jurisdiction of the Commission all the ships referred to in Article 37 shall be treated upon a footing of absolute equality.

53. Subject to the provisions of Article 47 the existing rights under which dues and charges can be levied for various purposes, whether direct by the Turkish Government

« PreviousContinue »