CYIL vol. 9 (2018)

JAKUB HANDRLICA

CYIL 9 ȍ2018Ȏ

International Commissions of the Elbe and the Oder The Versailles Treaty 32 declared the rivers Elbe, the Oder and the Niemen to be international, together with “all navigable parts of these river systems which naturally provide more than one State with access to the sea, with or without transhipment from one vessel to another”. 33 On the waterways declared to be international, the nationals, property and flags of all States had to be treated equal, with no distinction being made to the detriment of the nationals, property or flag between them and the nationals, property or flag of the riparian State itself or of the most favoured nation. 34 To guarantee the new legal regime of these rivers, the Elbe and the Oder were placed under administration of special international commissions. 35 This type of administration reflected needs for independent government, as aptly described by Joseph P. Chamberlain in 1923: “The main tread of the story of international rivers is the recognition of the importance of riparian community of free navigation, and the reconciliation of this common interest with the control by each riparian state of its own territory, even its fluvial territory. An interest even of non-riparian states is implied in both streams, and the extent to which it was made practical and to which it can be justified, is worth following in a time in which respect for the independence of small nations and greater international action by the concert of the word are both urged”. 36 Consequently, the International Commission for the Elbe was to be composed 37 from representatives of the German States bordering on the river, Czechoslovakia, Great Britain, France Italy and Belgium. While the German States were represented by 4 commissioners and Czechoslovakia with 2, the rest of the States were represented by 1 member of the commission. In similar fashion, the International Commission for the Oder was composed 38 from the representatives of Poland, Prussia, Czechoslovakia, Great Britain, France, Denmark and Sweden. In this respect, the Versailles Treaty provided, that the international commissions had to meet within three months of the date of the coming into force of the Treaty. 39 The Treaty provided for following tasks of the newly established international commissions: At the first place, they were entrusted in preparing and adopting “acts of navigation” 40 for each of 32 The Versailles Peace Treaty signed on 28 th June 1919 was concluded between the United States, the British Empire, France, Italy, and Japan (the principal Allied and Associated Powers) as well as Belgium, Bolivia, Brazil, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Romania, the Serbe-Croat-Slovene State, Siam, Czechoslovakia and Uruguay (called the Allied and Associated Powers) on the one hand and Germany on the other hand. The treaty entered into force on 10 th January 1920. 33 Here, the Article 331 declared also the river Danube (from Ulm) to be international and reassumed the powers of the European Commission of the Danube (Articles 346-353). 34 Article 332. 35 Further, the Treaty provided in its Article 342, that on a request being made to the League of Nations by any riparian State, the river Niemen (Russstrom-Memel-Niemen) shall be placed under the administration of an International Commission which shall comprise one representative of each riparian State and three representatives of other States specified by the League of Nations. 36 Joseph Chamberlain (n 16) 5-6.

37 Article 340. 38 Article 341. 39 Article 343.

40 With regard to the river Elbe, the Convention instituting the Statute of the Navigation of the Elbe was signed on 22 th February 1922. Pursuant to the Article 3 of this Convention, the seat of the International Commission was

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