the Statute relating to the Régime of Navigable Waterways of International Concern which has there been adopted, Wishing to conclude a Convention for this purpose, the High Contracting Parties have appointed Plenipotentiaries: as their The President of the Supreme Council of Albania: The President of the Republic of Austria: M. Henri Reinhardt, Ministerial Councillor. His Majesty the King of the Belgians: M. Xavier Neujean, Minister for Railways, Marine, The President of the Republic of Bolivia: M. Trifon Melean, Bolivian Consul in Spain. M. Lubin Bochkoff, Civil Engineer, Assistant to the The President of the Republic of Chile: Señor Manuel Rivas Vicuña, Envoy Extraordinary and Minister Plenipotentiary. The President of the Republic of China: Mr. Ouang Yong-Pao, Envoy Extraordinary and His Majesty the King of Denmark and of Iceland: His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: Sir Hubert Llewellyn Smith, G.C.B., Economic and for the Dominion of New Zealand: Sir Hubert Llewellyn Smith, G.C.B. For India: Sir Louis James Kershaw, K.C.S.I., C.I.E., Secretary in the Revenue and Statistics Department in the India Office. His Majesty the King of Spain: Señor Don Emilio Ortuño y Berte, Member of the The President of the Esthonian Republic: M. Charles Robert Pusta, Minister Plenipotentiary. The President of the Republic of Finland: M. Rolf Thesleff, Envoy Extraordinary and Minister The President of the French Republic: M. Maurice Sibille, Deputy, Member of the Comité consultatif des Chemins de fer français. His Majesty the King of the Hellenes: M. G. Caradja, Minister Plenipotentiary. The President of the Republic of Guatemala: Dr. Norberto Galvez, Guatemalan Consul-General at His Majesty the King of Italy: M. Paolo Bignami, Engineer, Member of the Chamber of Deputies, former Under-Secretary of State. The President of the Lithuanian Republic: M. V. Sidzikauskas, Chargé d'Affaires at Berne. Her Royal Highness the Grand-Duchess of Luxemburg: M. Antoine Lefort, Chargé d'Affaires at Berne. His Majesty the King of Norway: Dr. Fridtjof Nansen, Professor in Christiania The President of the Republic of Panama: Dr. Evenor Hazera, Consul-General for Panama in The President of the Polish Republic: M. Joseph Wielovieyski. The President of the Portuguese Republic: M. Alfredo Freire d'Andrade, formerly Minister of His Majesty the King of Sweden: M. Fredrik V. Hansen, Director-General of Hydraulic The President of the Czecho-Slovak Republic: M. Bohuslav Müller, Engineer, Secretary of State at the Ministry of Public Works, Envoy Extraordinary and Minister Plenipotentiary. The President of the Oriental Republic of Uruguay: M. Benjamin Fernandez y Medina, Envoy Extraordinary and Minister Plenipotentiary to Spain; Who, after communicating their full powers, found in good and due form, have agreed as follows: ART. I. The High Contracting Parties declare that they accept the Statute on the Régime of Navigable Waterways of International Concern annexed hereto, adopted by the Barcelona Conference on the 19th April, 1921. This Statute will be deemed to constitute an integral part of the present Convention. Consequently, they hereby declare that they accept the obligations and undertakings of the said Statute in conformity with the terms and in accordance with the conditions set out therein. II. The present Convention does not in any way affect the rights and obligations arising out of the provisions of the Treaty of Peace signed at Versailles on the 28th June, 1919, or out of the provisions of the other corresponding Treaties. in so far as they concern the Powers which have signed, or which benefit by, such Treaties. III. The present Convention, of which the French and English texts are both authentic, shall bear this day's date and shall be open for signature until the 1st December, 1921. IV. The present Convention is subject to ratification. The instruments of ratification shall be transmitted to the Secretary-General of the League of Nations, who will notify the receipt of them to the other Members of the League and to States admitted to sign the Convention. The instruments of ratification shall be deposited in the archives of the Secretariat. In order to comply with the provisions of Article 18 of the Covenant of the League of Nations, the Secretary General will register the present Convention upon the deposit of the first ratification. V. Members of the League of Nations which have not signed the present Convention before the 1st December, 1921, may accede to it. The same applies to States not Members of the League to which the Council of the League may decide officially to communicate the present Convention. Accession will be notified to the Secretary-General of the League. who will inform all Powers concerned of the accession and of the date on which it was notified. VI. The present Convention will not come into force until it has been ratified by five Powers.* The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification. Thereafter the present Convention will take effect in the case of each Party ninety days after the receipt of its ratification or of the notification of its accession. Upon the coming into force of the present Convention, the Secretary-General will address a certified copy of it to the Powers not Members of the League which are bound under the Treaties of Peace to accede to it. VII. A special record shall be kept by the Secretary General of the League of Nations, showing which of the Parties have signed, ratified, acceded to or denounced the present Convention. This record shall be open to the Members of the League at all times; it shall be published as often as possible in accordance with the directions of the Council. VIII. Subject to the provisions of Article II of the present Convention, the latter may be denounced by any Party thereto after the expiration of five years from the date when it came into force in respect of that Party. Denuncia tion shall be effected by notification in writing addressed to * See page 546. the Secretary-General of the League of Nations. Copies of such notification shall be transmitted forthwith by him to all the other Parties, informing them of the date on which it was received. The denunciation shall take effect one year after the date on which it was notified to the SecretaryGeneral, and shall operate only in respect of the notifying Power. It shall not, in the absence of an agreement to the contrary, prejudice engagements entered into before the denunciation relating to a programme of works. IX. A request for the revision of the present Convention may be made at any time by one-third of the High Contracting Parties. In faith whereof the above-named Plenipotentiaries have signed the present Convention. Done at Barcelona the 20th day of April, 1921, in a single copy which shall remain deposited in the archives of the League of Nations. FAN S. NOLI. XAVIER NEUJEAN. A. HOLCK-COLDING. H. LLEWELLYN SMITH. L. J. KERSHAW. E. ORTUÑO. C. R. PUSTA. ROLF THESLEFF. MAURICE SIBILLE. G. CARADJA. *The text of the Declaration reads as follows:- "At the time of signing this Convention, and as representative of the British Empire, I declare that my signature is not binding upon the British Dominions of Canada, Australia and South Africa, which are individual members of the League of Nations and have not sent representatives to this Conference. The right of each of these three Dominions to sign the Convention, or to accede to it at a later date, is reserved, it being understood that, if they do not sign or accede to it, they shall not be entitled to benefit by the Convention. I also reserve the right to declare, at the time of ratification, whether the ratification includes the Dominion of Newfoundland. If it is not included in the ratification, the Dominion of Newfoundland will not be entitled to benefit by the Convention." N. GALVEZ S. PAOLO BIGNAMI. V. SIDZIKAUSKAS. FRIDTJOF NANSEN. JOSEPH WIELOVIEYSKI. ING. BOHUSLAV MÜLLER. STATUTE on the Régime of Navigable Waterways of International Concern. ART. 1. In the application of the Statute, the following are declared to be navigable waterways of international concern: (1.) All parts which are naturally navigable to and from the sea of a waterway which in its course, naturally navigable to and from the sea. separates or traverses different States, and also any part of any other waterway naturally navigable to and from the sea, which connects with the sea a waterway naturally navigable which separates or traverses different States. It is understood that (a.) Transhipment from one vessel to another is not excluded by the words "navigable to and from the sea." (b.) Any natural waterway or part of a natural waterway is termed "naturally navigable" if now used for ordinary commercial navigation, or capable by reason of its natural conditions of being so used; by ordinary commercial navigation" is to be understood navigation which, in view of the economic condition of the riparian countries, is commercial and normally practicable. (c.) Tributaries are to be considered as separate waterways. (d.) Lateral canals constructed in order to remedy the defects of a waterway included in the above definition are assimilated thereto. (e.) The different States separated or traversed by a navigable waterway of international concern, including its tributaries of international concern, are deemed to be riparian States." (2.) Waterways, or parts of waterways, whether natural or artificial, expressly declared to be placed under the régime |