Lausanne Peace Treaty
Part IV
Communications and Sanitary Questions
Section I
Communications
Article 101
Turkey undertakes to adhere to the Convention
and the Statute respecting the Freedom of Transit adopted by the conference of
Barcelona on the 14th April, 1921, as well as to the Convention and
the Statute respecting the regime for waterways of international interest
adopted by the said Conference on the 19th April, 1921, and to the
supplementary Protocol.
Turkey accordingly undertakes to bring into
force the provisions of these Conventions, States and Protocol as from the
entry into force of the present Treaty.
Article 102
Turkey undertakes to adhere to the
Declaration of Barcelona, dated the 20th April, 1921, "recognising
the rights of the flag of States not possessing a sea-board".
Article 103
Turkey undertakes to adhere to the
recommendations of the Conference of Barcelona, dated the 20th
April, 1921, respecting ports placed under an international regime. Turkey
will subsequently make known those ports which will be placed under that
regime.
Article 104
Turkey undertakes to adhere to the
recommendations of the Conference of Barcelona, dated the 20th
April, 1921, respecting international railways. These recommendations will be
brought into force by the Turkish Government on the coming into force of the
present Treaty and subject to reciprocity
Article 105
On the coming into force of the present
Treaty, Turkey agrees to subscribe to the Conventions and arrangements signed
at Berne on October 14, 1890, September 20, 1893, July 16, 1898, and September
19, 1906, regarding the transportation of goods by rail.
Article 106
When, as a result of the fixing of new
frontiers, a railway connection between two parts of the country crosses
another country, or a branch line from one country has its terminus in
another, the conditions of working, in so far as concerns the traffic between
the two countries, shall, subject to any special arrangements, be laid down in
an agreement to be concluded between the railway administrations concerned. If
these administrations cannot come to an agreement as to the terms of such
agreement, those conditions shall be decided by arbitration.
The establishment of all new frontier
stations between Turkey and the neighbouring States, as well as the working of
the lines between those stations, shall be settled by agreements similarly
concluded.
Article 107
Travellers and goods coming from or destined
for Turkey or Greece, and making use in transit of the three sections of the
Oriental Railways included between the Greco-Bulgarian frontier and the
Greco-Turkish frontier near Kuleli-Burgas, shall not be subject, on account of
such transit, to any duty or toll nor to any formality of examination in
connection with passports or customs.
A Commissioner, who shall be selected by the
Council of the League of Nations, shall ensure that the stipulation's of this
Article are carried out.
The Greek and Turkish Governments shall each
have the right to appoint a representative to be attached to this
Commissioner; this representative shall have the duty of drawing the attention
of the Commissioner to any question relating to the execution of the
above-mentioned stipulation's, and shall enjoy all the necessary facilities to
enable him to accomplish his task. These representatives shall reach an
agreement with the Commissioner as to the number and nature of the subordinate
staff which they will require.
It shall be the duty of the said Commissioner
to submit, for the decision of the Council of the League of Nations, any
question relating to the execution of the said stipulation's which he may not
have been able to settle. The Greek and Turkish Governments undertake to carry
out any decision given by the majority vote of the said Council.
The salary of the said Commissioner, as well
as the expenses of his work, shall be borne in equal parts by the Greek and
Turkish Governments.
In the event of Turkey constructing later a
railway line joining Adrianople to the line between Kuleli-Burgas and
Constantinople, the stipulation's of this Article shall lapse in so far as
concerns transit between the points on the Greco-Turkish frontier lying near
Kuleli-Burgas and Bosna-Keny respectively.
Each of the two interested Powers shall have
the right, after five years from the coming into force of the present Treaty,
to apply to the Council of the League of Nations with a view to deciding
whether it is necessary that the control mentioned in paragraphs 2 to 5 of the
present Article should be maintained. Nevertheless, it remains understood that
the stipulation's of paragraph 1 shall remain in force for transit over the
two sections of the Oriental Railways between the Greco-Bulgarian frontier and
Bosna-Keny.
Article 108
Subject to any special provisions concerning
the transfer of ports and railways, whether owned by the Turkish Government or
private companies, situated in the territories detached from Turkey under the
present Treaty, and similarly subject to any agreements which have been, or
may be, concluded between the Contracting Powers relating to the
concessionaires and the pensioning of the personnel, the transfer of railways
will take place under the following conditions.
- The works and installations of all the
railroads shall be left complete and in as good condition as possible
- When a railway system possessing its own
rolling-stock is situated in its entirety in transferred territory, such
stock shall be left complete with the railway, in accordance with the last
inventory before the 30th October, 1918.
- As regards lines, the administration of
which will in virtue of the present Treaty be divided, the distribution of
the administrations taking over the several sections thereof. This agreement
shall have regard to the amount of the before the 30th October,
1981, the length of the track (sidings included) and the nature and amount
of the traffic. Failing agreement, the points in dispute shall be settled by
arbitration. The arbitral decision shall also, if necessary, specify the
locomotives, carriages and wagons to be left on each section, the conditions
of their acceptance and such provisional arrangements as may be judged
necessary to ensure for a limited period the current maintenance in existing
workshops of the transferred stock;
- Stocks of stores, fittings and plant shall
be left under the same conditions as the rolling-stock.
Article 109
In default of any provisions to the contrary,
when as the result of the fixing of a new frontier the hydraulic system (canalisation,
inundation, irrigation, drainage or similar matters) in a State is dependent
on works executed within the territory of another State, or when use is made
on the territory of a State in virtue of pre-war usage, of water or hydraulic
power, the source of which is on the territory of another State, an agreement
shall be made between the States concerned to safeguard the interests and
rights acquired by each of them.
Failing an agreement, the matter shall be
regulated by arbitration.
Article 110
Roumania and Turkey will come to an agreement
as to an equitable arrangement for the working conditions of the Constanza-Constantinople
cable, Failing agreements, the matter shall be settled by arbitration.
Article 111
Turkey renounces on her own behalf and on
behalf of her nationals all rights, titles or privileges of whatsoever nature
over the whole or part of such cables as no longer land on her territory.
If the cables or portions thereof transferred
under the preceding paragraph are privately owned, the Governments to which
this property is transferred will have to indemnify the owners. Failing
agreement respecting the amount of indemnity, this amount will be fixed by
arbitration.
Article 112
Turkey will retain the rights of property
which she may already possess over those cables of which at least one end
remains in Turkish territory.
The exercise of the landing rights of the
said cables in non-Turkish territory and their working conditions shall be
settled in a friendly manner by the States concerned. Failing agreement, the
dispute will be settled by arbitration.
Article 113
Each of the High Contracting Parties hereby
accepts, in so far as it is concerned, the abolition of foreign post offices
in Turkey.
Section II
Sanitary Questions
Article 114
The Superior Council of Health of
Constantinople is abolished. The Turkish Administration is entrusted with the
sanitary organisation of the coasts and frontiers of Turkey.
Article 115
A single sanitary tariff, the dues and
conditions of which shall be fair, shall be applied to all ships without
distinction between the Turkish flag and foreign hags, and to nationals of
foreign Powers under the same conditions as to nationals of Turkey.
Article 116
Turkey undertakes to respect entirely the
right of the sanitary employees whose services have been terminated to
compensation to be appropriated out of the funds of the former Superior
Council of Health of Constantinople, and all other rights acquired by
employees or former employees of the Council, or their representatives. All
questions relating to such rights, to the employment of the reserve funds of
the former Superior Council of Health of Constantinople, or to the final
liquidation of the former sanitary administration, as well as all other
similar or cognate questions, shall be regulated by a Commission ad hoc which
shall be composed of a representative of each of the Powers represented on the
Superior Council of Health of Constantinople except Germany, Austria and
Hungary. In the event of disagreement between the members of the said
Commission on a question relating to the above-mentioned liquidation, every
Power represented on the Commission shall have the right to bring the matter
to the notice of the Council of the League of Nations, whose decision shall be
final.
Article 117
Turkey and those Powers which are interested
in the supervision of the pilgrimages to Jerusalem and to the Hedjaz and the
Hedjaz railway shall take such measures as are appropriate in accordance with
the provisions of international sanitary conventions. With a view to ensuring
complete uniformity in the execution of these measures, these Powers and
Turkey shall constitute a Sanitary Co-ordination Commission for pilgrimages,
on which the sanitary service of Turkey and the Maritime Sanitary and
Quarantine Council of Egypt shall be represented.
This Commission must obtain the previous
consent of the State on whose territory it holds its meeting.
Article 118
Reports on the work of the Pilgrimage
Co-ordination Commission shall be addressed to the Health Committee of the
League of Nations and to the International Office of Public Health, and also
to the Government of each country which is interested in pilgrimages and makes
a request therefor. The Commission will give its opinion on every question put
to it by the League of Nations, by the International Office of Public Health,
or by the interested Governments.
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