CYIL vol. 9 (2018)

JÁN KLUČKA CYIL 9 ȍ2018Ȏ to regulate the outcome of the First World War and create an international organization in 1919, the League of Nations. On the other hand, the League of Nations system neither recognized any general rights of minorities nor any general provisions for the protection of minorities applicable to all states. 5 Czechoslovak borders It should be pointed out at the outset that the legitimacy of Czechoslovakia as a new subject of international lawmet no opposition during the Paris Peace Conference. Its independence was proclaimed on 28 October 1918 and a number of peace treaties recognised its independence as well. The victorious allies recognized Czechoslovakia as one of the post-war reality factors and via emigrants’ and native efforts formally recognized as national entities prior to the convening of the Paris Conference. The preamble of the Treaty between the Principal Allied and Associated Powers and Czechoslovakia (10 September 1919) in this context stipulates that: Whereas the Czecho-Slovak Republic in fact exercises sovereignty over the aforesaid territories and has already been recognised as a sovereign independent state by the other High Contracting Parties – The United States of America, the British Empire, France, Italy and Japan on the one hand, confirming their recognition of the Czecho-Slovak State as a sovereign and independent member of the Family of Nations within the boundaries which have been or may be determined. 6 With respect to the borders of Czechoslovakia with neighbouring states, the border with Hungary was fixed in the Trianon Peace Treaty, 7 the border with Austria in the Saint Germain Treaty, 8 and with Germany in the Versailles Peace Treaty. 9 A problem concerning the delimitation of the borders between Czechoslovakia and Poland (Teschen, Orava, Spisz) occurred. 10 Because the Czechoslovak-Polish negotiations on the border problem taking 5 Legal writings from time to time characterized the League of Nations System as a “Great Experiment”. AZCARATE, P. D.: The League of Nations and the National Minorities – An Experiment. Carnegie Endowment for International Peace, Washington, 1945. WEISBROD, C.: Minorities and Diversities: The Remarkable Experiment of the League of Nations. Available at: https://opencommons.uconn.edu/cgi/viewcontent.cgi?referer=https://www.google.sk/&httpsredir =1&article=1341&context=law_p HILPOLD, P.: The League of Nations and the Protection of Minorities – Rediscovering Great Experiment. In: 7 Treaty of Peace Between the Allied and Associated Powers and Hungary and Protocol and Declaration, Signed at Trianon on 4 June 1920 (Article 27). Available at: https://wwi.lib.byu.edu/index.php/Treaty_of_Trianon. 8 Treaty of Peace between the Allied and Associated Powers and Austria; Protocol, Declaration and Special Declaration (St. Germain-en-Laye, 10 September 1919) (Article 27). Available at: https://www.dipublico.org/100758/treaty-of-st-germain-treaty-of-peace-between-the-allied-and- associated-powers-and-austria/. 9 Versailles Treaty of Peace with Germany on 28 June 1919. Available at: https://www.loc.gov/law/help/us-treaties/bevans/m-ust000002-0043.pdf. 10 WANDYCZ, P. S.: Czechoslovak-Polish Confederation and the Great Powers 1940-1943. Indiana University Publications, Slavic and East Europe Series, Vol. 3, 1956, p. 4. The Czechoslovak Minority Treaty within the League of Nations System Max Planck Yearbook of United Nation Law , online, Vol. 17, Issues 1 (2013), pp. 87-124. 6 Full text available at: http://www.forost.ungarisches-institut.de/pdf/19190910-4.pdf.

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