7 Dec.
45
The first treaty which was
mentioned in these charges is the Hague Convention of 1907. That has
been put in by my learned friend, Sir David, and I think I need say
nothing about it.
The second treaty is the Locarno Convention,
the Arbitration and Conciliation Convention of 1925. My Lord, that was
between Germany and Belgium. That was put in by Sir David. It is GB-15,
and I think I need say nothing more about that.
Belgium's
independence and neutrality was guaranteed by Germany in that document.
My Lords, the next treaty is the Hague Arbitration Convention
of May 1926 between Germany and the Netherlands. That Document I ought
formally to put in. It is in the Reichsgesetzblatt, which
perhaps I may call RGB in the future for brevity; and it, no doubt, will
be treated as a public document. But in my bundle of documents, which
goes in the order in which I propose to refer to them, I think it is
more convenient for the presentation of my case. That is the second or
third document, TC-16.
THE PRESIDENT: It is Book 4, is it?
MR. ROBERTS: It is Book 4, My Lord. This is the Convention of
Arbitration and Conciliation between Germany and the Netherlands signed
at The Hague in May 1926. Your Lordships have the document; perhaps I
need read only Article I:
"The
contracting parties" — those are the Netherlands and the
German Reich — " undertake to submit all disputes of any
nature whatever which may arise between them which it has not been
possible to settle by diplomacy and which have not been referred to
the Permanent Court of International Justice to be dealt with by
arbitration or conciliation as provided."
And
then, My Lords, there follow all the clauses which deal merely with the
machinery of conciliation, which are unnecessary for me to read. May I
just draw attention to the last article, Article 21, which provides that
the Convention shall be valid for 10 years, and then shall remain in
force for successive periods of 5 years until denounced by either party.
And this treaty never was denounced by Germany at all.
I put
that document in as Document TC-16, which will be Exhibit GB-97; and a
certified copy is put in and a translation for the Court.
As
the Tribunal already knows, in 1928 the Kellogg-Briand Pact was made at
Paris, by which all the powers renounced recourse to war. That is put in
as GB-18, and I need not, I think, put it in or refer to it again.
Then
the last treaty-all of which, of course, belong to the days of the
Weimar Republic — is the Arbitration Treaty between Germany and
Luxembourg executed in 1929. That is Document TC-20