CYIL vol. 9 (2018)

JAN KUKLÍK CYIL 9 ȍ2018Ȏ their associations) that supported, in the so-called Pittsburgh Agreement, the creation of an independent state, but with autonomy for Slovakia. 27 On 31 August 1918, Masaryk handed over to Robert Lansing, the U.S. Secretary of State, a memorandum requesting the recognition of the Czechoslovak National Council as the representation of the newly created state, raising the arguments of “historical rights of Bohemia” (expressly referring to the Czech state law) to independence and giving the reasons for including Slovakia. Primarily, he highlighted the political and military reasons stemming from the international development of this stage of the war which were, in Masaryk’s opinion, in line with the ideas of the U.S. President W. Wilson. 28 On 2 September 1918, the U.S. acknowledged that the Czechoslovak nation indeed fought against Germany and Austria-Hungary, inter alia by using an organised army in the war. In addition, the U.S. recognised the Czechoslovak National Council as the de facto government of this belligerent nation, which controls military and political operations of the “Czechoslovaks”. 29 The supportive attitude of the Allied (Entente) Powers enabled the Czechoslovak National Council to consider, in mid-September 1918, a possible transformation into a provisional government. Moreover, from 29 September onwards, the Czechoslovak National Committee, together with the Czech Union of Deputies to the Imperial Council, refused to participate in the negotiations on the constitutional transformation of the Austro-Hungarian Empire, and the preservation of Austria-Hungary was no longer supported by the German politicians in the Austrian lands who instead came up with the idea of German Austria. After Italy, France, and the U.S. (where negotiations were underway about a possible loan) agreed to the de facto recognition of the Czechoslovak National Council as the Czechoslovak government, on 14 October 1918 the transformation into the provisional Czechoslovak government abroad was effected, and this fact was communicated by Beneš to the Allied (Entente) Powers. 30 Further progress towards the recognition of the independence of Czechoslovakia by the great powers was made thanks to the Czechoslovak legions in Russia, as evidenced by the exchange of telegrams between the British prime minister David Lloyd George and Masaryk. In his telegram from 19 September 1918, Masaryk openly maintained that it was necessary to create the Czechoslovak state, because no victory would be achieved by the Allies if Austria- Hungary was preserved, whatever its form. 31 The first country to recognise the de facto provisional Czechoslovak government of the newly created Czechoslovak state was France on 15 October 1918, followed by Italy on 24 October 1918. 32 At the same time, diplomatic relations with France and Italy were established. The British attitude was influenced by the supportive attitude to the recognition shown by France and Italy, as well as the favourable development of the Czechoslovak-American relations. On 26 October 1918, Great Britain accepted Š. Osuský as the Czechoslovak diplomatic representative, following a diplomatic note by the British ambassador to France, 27 KUKLÍK, J.: Czech Law in Historical Contexts, p. 85. 28 KLIMEK, A. et al. (eds): Vznik Československa 1918 [ Creation of Czechoslovakia 1918 ], doc. No. 103. 29 Ibid, doc. Nos. 104 and 105. 30 For discussion on the relevance, from the international law perspective, of this step to the de facto recognition of the Czechoslovak exiled government, see TALMON, S.: Recognition of Governments in International Law, c.d. pp. 78-79. 31 KLIMEK, A.: Vznik Československa [ Creation of Czechoslovakia 1918 ], doc. No. 119. 32 Ibid, doc. Nos. 147 and 165.

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