CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ THE ESTABLISHMENT OF THE INDEPENDENT CZECHOSLOVAK STATE … establishment of Czechoslovakia was therefore closely linked to its recognition as a “belligerent nation” on the side of Allies. All that happened at the time of the newly defined theory of the right of a nation to self-determination, particularly after the U.S. joined the war and declared the Fourteen Points of President Wilson. The process of establishing the Czechoslovak state was not complete from the point of view of international law on 28 October 1918; certain important classifying criteria of an independent state, such as definite borders, control over the state territory, and the population 2 were later satisfied by the peace treaties concluded at the Paris Peace Conference (“Peace conference”) which started on 18 January 1919. These treaties confirmed the existence of new states, including Czechoslovakia and their borders, and dealt with other important issues of international law connected with the establishment of a state (and the disintegration of Austria-Hungary). During the period of World War I, certain principles of traditional international law were confronted with the real life situations to which they needed to respond. Concrete examples of practical diplomacy of individual Allied states (i.e the Entente Powers) is important for our topic. 3 Many Great Powers’ leaders realised that the situation of the “Great War” required a previously unprecedented approach. 4 For that reason we need to focus firstly on international political and legal negotiations. During the establishment of the independent Czechoslovak state, a combination of internal political development represented by the National Committee (and by the Slovak National Council in Slovakia) and the development of the Czechoslovak political elite in exile represented from 1915 by the Czechoslovak National Council with T. G. Masaryk at its head played a role. The Czechoslovak National Council was transformed into a provisional government (in exile) before the declaration of independence by Czechoslovakia on 28 October 1918. It has been stated that the basic condition for the establishment of the Czechoslovak state was the collapse of Austria-Hungary, namely because the Czech Lands and Slovakia were located in different parts, Austrian and Hungarian respectively, of this personal and real Union. However, before World War I, no influential representatives of Czech political elites supported the idea of an independent state as a realistic programme, let alone making endeavours to achieve it; of course, some exceptions existed (namely the representatives of the State-law Progressive Party). Attempts at a reform within Austria-Hungary strongly prevailed; the maximum requirement was the programme of federalisation or trialisation of the empire with a relatively elaborate programme, although differently interpreted, of the so- called historical Czech state law 5 as its basis. According to it, the medieval Czech State did not 2 An attempt at defining the criteria was made in Article I of the so-called Montevideo Convention (Montevideo Convention on the Rights and Duties of States) adopted by the governments represented in the Seventh International Conference of American States in 1933. Treaties and Other International Agreements of the United States of America 1776-1949. Compiled under the direction of Charles I. Bevans LL.B., Vol. 3 Multilateral 1931-1945, Washington, DC: Government Printing Office, 1969. 3 See also LAUTERPACHT, H.: Recognition of States in International Law, Yale Law Journal, vol 53/3, 1944, esp.p. 408 and following. 4 In case of France it was mentioned by TALMON, S.: Recognition of Governments in International Law: With Particular Reference to Governments in Exile, Oxford Clarendon Press 1998, p. 78. 5 KUKLÍK, J.: Czech Law in Historical Contexts , Praha: Karolinum 2015, esp. p. 74-76. ve 20. století , díl I., česko-slovenské vztahy 1914-1945 [ Czechs and Slovaks in the 20 th Century, Part I, Czecho- Slovak Relations 1914–1945], Bratislava: Academic Electronic Press, 1997, pp. 57-60.

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