5
Dec. 45
which
was entered into between Germany and Poland on
the 26th of January 1934.
If the
Tribunal would take Part I of the British
Document Book Number 2, 1 will describe in a
moment how the remaining parts are divided. The
document book is divided into six parts. If the
Tribunal will look at Part I for the moment-the
document books which have been handed to the
Counsel for the Defense are in exactly the same
order, except that they are bound in one and not
in six separate covers, in which the Tribunal's
documents are bound for convenience.
The
German-Polish Arbitration Treaty, the subject
matter of Section 10 of Appendix C, is Document
TC-15 and appears the one but end document in
the book. It has already been put in under the
Number GB-16.
My Lord, I would quote
the preamble and Articles 1 and 2 from that
treaty:
"The
President of the German Empire and the
President of the Polish Republic:
"Equally
resolved to maintain peace between
Germany and Poland by assuring the
peaceful settlement of differences which
might arise between the two countries;
"Declaring that respect
for the rights established by treaty or
resulting from the law of nations is
obligatory for international tribunals;
"Agreeing to recognize
that the rights of a state cannot be
modified save with its consent;
"And
considering that sincere observance of
the methods of peaceful settlement of
international disputes permits of
resolving, without recourse to, force,
questions which may become the cause of
division between states;
"Have
decided...."
Then,
go on to Article 1:
"All
disputes of every kind between Germany
and Poland with regard to which the
parties are in conflict as to their
respective rights, and which it may not
be possible to settle amicably by the
normal methods of diplomacy, shall be
submitted for decision either to an
arbitral tribunal or to the Permanent
Court of International Justice, as laid
down hereafter."
I go straight to Article 2:
"Before
any resort is made to arbitral procedure
before the Permanent Court of
International Justice, the dispute may,
by agreement between the parties, be
submitted, with a