CYIL vol. 9 (2018)

JAKUB HANDRLICA CYIL 9 ȍ2018Ȏ The International Commission for the Straits, as established by the Lausanne Treaty in 1923, had existed for the further thirteen years. Subsequently, the legal regime governing the Straits was revised with the Montreux Convention 63 giving Turkey full control over the Straits, abolishing the International Commission and affirming the freedom of transit and navigation by guaranteeing the free passage of civilian vessels in peacetime yet considerably restricting the passage of non-Turkish military vessels. International Commission for Upper Silesia At last, but not at least, the International Commission for Upper Silesia, as established by the Versailles Treaty to administer the corresponding plebiscite area. Its legal regime was provided by a special Annex to the Article 88 of the Treaty. 64 In contrast to the international commissions mentioned above, the International Commission for Upper Silesia was established as a temporary body for the period needed for fixing the newly established borders. 65 In this timely limited framework, the Commission had to “enjoy all the powers exercised by the German or the Prussian Government, except those of legislation or taxation”. In this respect, the competencies of the Commission were established quite broadly, as it was empowered 66 to interpret which of the existing powers of the German or the Prussian Government will execute directly, and which will be executed by the existing authorities. Also, any changes in the existing laws and in the existing taxation had to be approved only with the consent of the Commission. Thus, the Commission was basically empowered to execute full administration of the concerned territory. 67 However, aside from the basic day-to-day administration, the main goal of the Commission was to “take all steps which it thinks proper to ensure the freedom, fairness, and secrecy of the vote. In particular, it shall have the right to order the expulsion of any person who may in any way have attempted to distort the result of the plebiscite by methods of corruption or intimidation 68 ”. In this respect, it had to maintain order with the Allied troops which were at its disposal. Further, the Commission had also the possibility to an account of its activities, and furnishing all information which may be useful in the interests of commerce and navigation 63 The Treaty was signed on 20 th July 1936 by the representatives of Australia, Bulgaria, France, Greece, Japan. Yugoslavia, Turkey, United Kingdom and the USSR. The treaty entered into force on 9 th November 1936. 64 The Annex provided in its Paragraph 2, that “the plebiscite area shall be immediately placed under the authority of an International Commission of four members to be designated by the following Powers: the United States of America, France, the British Empire, and Italy. It shall be occupied by troops belonging to the Allied and Associated Powers, and the German Government undertakes to give facilities for the transference of these troops to Upper Silesia.” 65 In this respect, the Annex provided in its Paragraph, that “as soon as the frontier has been fixed by the Principal Allied and Associated Powers, the German authorities will be notified by the International Commission that they are free to take over the administration of the territory which it is recognised should be German, the said authorities must proceed to do so within one month of such notification and in the manner prescribed by the Commission. Within the same period and in the manner prescribed by the commission, the Polish Government must proceed to take over the administration of the territory which it is recognized should be Polish. When the administration of the territory has been provided for by the German and Polish authorities respectively, the powers of the Commission will terminate.” 66 Annex, Paragraph 3. 67 GEORGE FINCH, ‘Upper Silesia’ [1922] American Journal of International Law 75-80. 68 Annex, Paragraph 3.

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