43. It is understood that this Statute must not be interpreted as regulating in any way rights and obligations inter se of territories forming part of or placed under the protection of the same sovereign State, whether or not these territories are individually Contracting States.

44. Nothing in the preceding Articles is to be construed as affecting in any way the rights or duties of a Contracting State as member of the League of Nations.

Protocol of Signature of the Convention on the International Régime of Railways.

At the moment of signing the Convention of to-day's date relating to the international régime of railways, the undersigned, duly authorised, have agreed as follows:

1. It is understood that any differential treatment of flags based solely on the consideration of the flag should be considered as discrimination of an unfair nature in the sense of Articles 4 and 20 of the Statute on the International Régime of Railways.

2. In the event of the flag or nationality of a Contracting State being identical with the flag or nationality of a State or territory which is outside the Convention, no claim can be advanced on behalf of the latter State or territory to participate in the benefits assured by this Statute to the flag or nationals of Contracting States.

The present Protocol will have the same force, effect and duration as the Statute of to-day's date, of which it is to be considered as an integral part.

Done at Geneva, the 9th day of December, 1923.

[Here follow the same signatures as those appearing at the end of the Convention.]

INTERNATIONAL CONVENTION relative to the Development of Hydraulic Power affecting more than one State, and Protocol of Signature.-Geneva, December 9, 1923.(1)

[Ratifications deposited on behalf of Great Britain, Northern Ireland and New Zealand (including Western Samoa). April 1, 1925.]

THE British Empire (with New Zealand), Austria, Belgium, Bulgaria, Chile, Denmark, the Free City of Danzig,

(1) "Treaty Series, No. 26 (1925)” (Cmd. 2421). Signed also in the French language.

France, Greece, Hungary, Italy, Lithuania, Poland, Kingdom of the Serbs, Croats and Slovenes, Siam and Uruguay,

Desirous of promoting international agreement for the purpose of facilitating the exploitation and increasing the yield of hydraulic power;

Having accepted the invitation of the League of Nations to take part in the conference which met at Geneva on the 15th November, 1923;

Wishing to conclude a general Convention for the above purpose,

The High Contracting Parties have appointed as their plenipotentiaries:

The President of the Austrian Republic: M. Emerich Pflügl, Resident Minister, representative of the Federal Government accredited to the League of Nations, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of the Belgians: M. Xavier Neujean, Minister of Railways, Mercantile Marine, Posts, Telegraphs and Telephones of Belgium, delegate at the Second General Conference on Communications and Transit;

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., Chief Economic Adviser of the British Government, delegate at the Second General Conference on Communications and Transit;

For the Dominion of New Zealand: the Honourable Sir James Allen, K.C.B., High Commissioner for New Zealand in the United Kingdom;

His Majesty the King of the Bulgarians: M. D. Mikoff, Chargé d'Affaires at Berne;

The President of the Republic of Chile: M. Francisco Rivas Vicuña, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council, to the President of the Czechoslovak Republic, to the President of the Austrian Federal Republic and to His Serene Highness the Governor of Hungary, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of Denmark: M. P. A. HolckColding, Director of Section at the Ministry of Public Works, member of the Advisory and Technical Committee for Communications and Transit, delegate at the Second General Conference on Communications and Transit;

The President of the Polish Republic (for the Free City of Danzig): Professor Bohdan Winiarski, vice-chairman of the Advisory and Technical Committee for Communications and Transit, delegate at the Second General Conference on Communications and Transit;

The President of the French Republic: M. Maurice Sibille, Member of Parliament, member of the Advisory and Technical Committee for Communications and Transit, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of the Hellenes: M. A. Politis, technical representative of the Hellenic Government in Paris, delegate at the Second General Conference on Communications and Transit; and M. Demetre G. Phocas, captain in the Hellenic navy, delegate at the Second General Conference on Communications and Transit;

His Serene Highness the Governor of Hungary: M. Emile de Walter, Ministerial Counsellor at the Royal Hungarian Ministry for Foreign Affairs, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of Italy: M. Paolo Bignami, former Under-Secretary of State, former Member of the Chamber of Deputies, delegate at the Second General Conference on Communications and Transit;

The President of the Republic of Lithuania: M. C. Dobkevicius, Counsellor at the Lithuanian Legation in Paris, delegate at the Second General Conference on Communications and Transit;

The President of the Polish Republic: Professor Bohdan Winiarski, vice-chairman of the Advisory and Technical Committee for Communications and Transit, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of the Serbs, Croats and Slovenes: M. B. Voukovitch, Director of the State Railways, delegate at the Second General Conference on Communications and Transit;

His Majesty the King of Siam: M. Phya Sanpakitch Preecha, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Spain and to His Majesty the King of Italy, delegate at the Second General Conference on Communications and Transit;

The President of the Republic of Uruguay: M. Benjamin Fernandez y Medina, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Spain, chairman of the Advisory and Technical Committee for Communications and Transit;

Who, after communicating their full powers, found in good and due form, have agreed as follows:—

ART. 1. The present Convention in no way affects the right belonging to each State, within the limits of international law, to carry out on its own territory any operations for the development of hydraulic power which it may consider desirable.

2. Should reasonable development of hydraulic power involve international investigation, the Contracting States concerned shall agree to such investigation, which shall be carried out conjointly at the request of any one of them, with a view to arriving at the solution most favourable to their interests as a whole, and to drawing up, if possible, a scheme of development, with due regard for any works already existing, under construction, or projected.

Any Contracting State desirous of modifying a programme of development so drawn up shall, if necessary, apply for a fresh investigation, under the conditions laid down in the preceding paragraph.

No State shall be obliged to carry out a programme of development unless it has formally accepted the obligation to

do so.

3. If a Contracting State desires to carry out operations for the development of hydraulic power, partly on its own territory and partly on the territory of another Contracting State or involving alterations on the territory of another Contracting State, the States concerned shall enter into negotiations with a view to the conclusion of Agreements which will allow such operations to be executed.

4. If a Contracting State desires to carry out operations for the development of hydraulic power which might cause serious prejudice to any other Contracting State, the States concerned shall enter into negotiations with a view to the conclusion of Agreements which will allow such operations to be executed.

5. The technical methods adopted in the Agreements referred to in the foregoing Articles shall, within the limits of the national legislation of the various countries, be based exclusively upon considerations which might legitimately be taken into account in analogous cases of development of hydraulic power affecting only one State, without reference to any political frontier.

6. The Agreements contemplated in the foregoing Articles may provide, amongst other things, for

(a.) General conditions for the establishment, upkeep and operation of the works.

(b.) Equitable contributions by the States concerned towards the expenses, risks, damage and charges of every kind incurred as a result of the construction and operation of the works, as well as for meeting the cost of upkeep.

(c.) The settlement of questions of financial co-operation. (.) The methods for exercising technical control and securing public safety.

(e.) The protection of sites.

(f.) The regulation of the flow of water.

(9.) The protection of the interests of third parties.

(h.) The method of settling disputes regarding the interpretation or application of the Agreements.

7. The establishment and operation of works for the exploitation of hydraulic power shall be subject, in the territory of each State, to the laws and regulations applicable to the establishment and operation of similar works in that State.

8. So far as regards international waterways which, under the terms of the general Convention on the Régime of Navig able Waterways of International Concern, are contemplated as subject to the provisions of that Convention, all rights and obligations which may be derived from Agreements concluded in conformity with the present Convention shall be construed subject to all rights and obligations resulting from the general Convention and the special instruments which have been, or may be concluded, governing such navigable waterways.

9. This Convention does not prescribe the rights and duties of belligerents and neutrals in time of war. The Convention shall, however, continue in force in time of war so far as such rights and duties permit.

10. This Convention does not entail in any way the withdrawal of facilities which are greater than those provided for in the Statute and which have been granted to international traffic by rail under conditions consistent with its principles. This Convention also entails no prohibition of such grant of greater facilities in the future.

11. The present Convention does not in any way affect the rights and obligations of the Contracting States arising out of former Conventions or Treaties on the subject-matter of the present Convention, or out of the provisions on the same subject-matter in general Treaties, including the Treaties of Versailles, Trianon and other Treaties which ended the war of 1914-18.

12. If a dispute arise between Contracting States as to the application or interpretation of the present Statute, and if such dispute cannot be settled either directly between the parties or by some other amicable method of procedure, the parties to the dispute may submit it for an advisory opinion to the body established by the League of Nations as the advisory and technical organisation of the members of the League in matters of communications and transit, unless they have decided or shall decide by mutual agreement to have recourse to some other advisory, arbitral or judicial procedure.

The provisions of the preceding paragraph shall not be applicable to any State which represents that the development of hydraulic power would be seriously detrimental to its national economy or security.

13. It is understood that this Convention must not be interpreted as regulating in any way rights and obligations [CXIX]

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