CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ LAW OF THE SEA: IS IT RELEVANT FOR THE CZECH REPUBLIC? the port of Hamburg. This legal regime was established by the Treaty of Peace between the Allied and Associated Powers and Germany (signed at Versailles on 28 June 1919, hereinafter, the “Versailles Treaty”), 22 specifically by its Articles 363 and 364 titled “Clauses giving to the Czecho-Slovak State the use of Northern ports”. According to Article 363, “[i]n the ports of Hamburg and Stettin, Germany shall lease to the Czecho-Slovak State, for a period of 99 years, areas which shall be placed under the general regime of free zones and shall be used for the direct transit of goods coming from or going to that State.” Article 364 provides that the details “shall be decided by a Commission consisting of one delegate of Germany, one delegate of the Czecho-Slovak State and one delegate of Great Britain.” 23 On the level of international law, these provisions were subsequently implemented by the Arrangement on the Performance of Articles 363 and 364 of the Versailles Peace Treaty between the Government of Czechoslovakia and the Government of Germany (signed in Prague on 16 February 1929). 24 According to this Arrangement, both parties identified their representatives in the Commission and undertook to approve the Decision of the Commission (including the Lease Agreement) in the future. The drafts of these documents formed a part of two Enclosures to the Arrangement. The signing of the Arrangement was followed by the issuance of the above-stated Decision of the Commission (in Hamburg on 2 November 1929). The Commission was composed of Dr. Arthur Seeliger, the representative of Germany, Dr. Kamil Krofta, the representative of Czechoslovakia, and Mr. Francis A. Oliver, the British Consul-General and representative. Article 1 of the Decision provided to Czechoslovakia the lease of the Hamburg port areas for 99 years in accordance with the Lease Agreement. Germany even accepted a guarantee for the performance of the Lease Agreement. 25 Subsequent Articles 2 and 3 of the Decision provided for the right of transit to the Hamburg port and of its usage by Czechoslovakia. Notably, Article 6(2) of the Decision established the jurisdiction of Permanent Court of International Justice in The Hague (hereinafter, the “PCIJ”) in case any disputes over its application or interpretation could not be settled between the Czechoslovak and German Government. The international legal basis for the lease of the areas of the Hamburg port by Germany to Czechoslovakia continues to be in force between the Czech Republic and Germany, as it constitutes “other territorial regime” under Article 12(1) of the Vienna Convention on

22 Published in Czechoslovakia under Act No. 217/1921 Sb. 23 Full text of Article 364 of the Versailles Treaty is as follows: “The delimitation of these areas, and their equipment, their exploitation, and in general all conditions for their utilisation, including the amount of the rental, shall be decided by a Commission consisting of one delegate of Germany, one delegate of the Czecho-Slovak State and one delegate of Great Britain. These conditions shall be susceptible of revision every ten years in the same manner. Germany declares in advance that she will adhere to the decisions so taken.” 24 In Czech: Ujednání o provedení článků 363 a 364 mírové smlouvy Versailleské , in German: Vereinbarung über die Durchführung der Artikel 363/364 des Vertrags von Versailles . 25 Article 1 of the Decision in German: “…Das Deutsche Reich übernimmt die Gewähr für die Durchführung des Pachtvertrages.”

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