Lausanne Peace Treaty
Part III
Economic Clauses
Article 64
In this part, the expression "Allied
Powers" means the Contracting Powers other than Turkey.
The term "Allied nationals"
includes physical persons, companies and associations of the Contracting
Powers other than Turkey, or of a State or territory under the protection of
one of the said Powers.
The provisions of this Part relating to
"Allied Nationals" shall benefit persons who without having the
nationality of one of the Allied Powers, have, in consequence of the
protection which they in fact enjoyed at the hands of these Powers, received
from the Ottoman authorities the same treatment as Allied nationals and haven,
on this account, been prejudiced.
Section I
Property, Rights and Interests
Article 65
Property, rights and interests which still
exist and can be identified in territories remaining Turkish at the date of
the coming into force of the present Treaty, and which belong to persons who
on the 29th October, 1914, were Allied nationals, shall be
immediately restored to the owners in their existing state.
Reciprocally, property, rights and interests
which still exist and can be identified in territories subject to the
sovereignty or protectorate of the Allied Powers on the 29th
October, 1914, or in territories detached from the Ottoman Empire after the
Balkan wars and subject to day to the sovereignty of any such Power, and which
belong to Turkish nationals, shall be immediately restored to the owners in
their existing state. The same provision shall apply to property, rights and
interests which belong to Turkish nationals in territories detached from the
Ottoman Empire under the present Treaty, and which may have been subjected to
liquidation or any other exceptional measure whatever on the part of the
authorities of the Allied Powers.
All property, rights and interests situated
in territory detached from the Ottoman Empire under the present Treaty, which
after having been subjected by the Ottoman Government to an exceptional war
measure, are now in the hands of the Contracting Power exercising authority
over the said territory, and which can be identified, shall be restored to
their legitimate owners, in their existing state. The same provision shall
apply to immovable property which may have been liquidated by the Contracting
Power exercising authority over the said territory. All other claims between
individuals shall be submitted to the competent local courts.
All disputes relating to the identity or the
restitution of property to which a claim is made shall be submitted to the
Mixed Arbitral Tribunal provided for in Section V of this Part.
Article 66
In order to give effect to the provisions of
the first and second paragraphs of Article 65 the High Contracting Parties
will, by the most rapid procedure, restore the owners to the possession of
their property, rights and interests free from any burdens or encumbrance with
which such property, rights and interests may have been charged without the
consent of the said owners. It will be the duty of the Government of the Power
effecting the restitution to provide for the compensation of third parties who
may have acquired the property directly or indirectly from the said Government
and who may be injured by this restitution. Disputes which may arise in
connection with such compensation shall be dealt with by the ordinary courts.
In all other cases it will be open to any
third parties who may be injured to take action against whoever is
responsible, in order to obtain compensation.
In order to give effect to these provisions
all acts of transfer or other exceptional war measures, which the High
Contracting Parties may have carried out in respect of enemy property, rights
and interests, shall be immediately cancelled and stayed when liquidation has
not yet been completed. Owners who make claims shall be satisfied by the
immediate restitution of their property, rights and interests as soon as these
shall have been identified.
When at the date of the signature of the
present Treaty the property, rights and interests the restitution of which is
provided for in Article 65 have been liquidated by the authorities of one of
the High Contracting Parties, that Party shall be discharged from the
obligation to restore the said property, rights and interests by payment of
the proceeds of the liquidation to the owner. If, on application being made by
the owner, the Mixed Arbitral Tribunal provided for by Section V finds that
the liquidation was not affected in such conditions as to ensure the
realisation of a fair price, it will have the power, in default of agreement
between the parties, to order the addition to the proceeds of the liquidation
of such amount as it shall consider equitable. The said property, rights and
interests shall be restored if the payment is not made within two months from
the agreements with the owner or from the decision of the Mixed Arbitral
Tribunal mentioned above.
Article 67
Greece, Romania and the Serb-Croat-Slovene
State on the one hand, and Turkey on the other hand undertake mutually to
facilitate both by appropriate administrative measures and by the delivery of
all documents relating thereto the search on their territory for, and the
restitution of, movable property of every kind taken away, seized or
sequestrated by their armies or administrations in the territory of Turkey, or
in the territory of Greece, Romania or the Serb-Croat Slovene State
respectively, which are actually within the territories in question.
Such search and restitution will take place
also as regards property of the nature referred to above seized or
sequestrated by German, Austro-Hungarian or Bulgarian armies or
administrations in the territory of Greece, Roumania or the Serb-Croat-Slovene
State, which has been assigned to Turkey or to her nationals, as well as to
property seized or sequestrated by the Greek, Roumanian or Serbian armies in
Turkish territory, which has been assigned to Greece, Roumania or the
Serb-Croat-Slovene State or to their nationals.
Applications relating to such search and
restitution must be made within six months from the coming into force of the
present Treaty.
Article 68
Debts arising out of contacts concluded, in
districts in Turkey occupied by the Greek army, between the Greek authorities
and administrations on the one hand and Turkish nationals on the other, shall
be paid by the Greek Government in accordance with the provisions of the said
contracts.
Article 69
No charge, tax or surtax to which, by virtue
of the privileges which they enjoyed on the 1st August, 1914.
Allied nationals and their property were not subject, shall be collected from
Allied subjects or their property in respect of the financial years earlier
than the financial year 1922-23.
If any sums have been collected after the 15th
May, 1923, in respect of financial years earlier than the financial year
1922-1923, the amount shall be refunded to the persons concerned, as soon as
the present Treaty comes into force.
No claim for repayment shall be made as
regards sums encased before the 15th May, 1923.
Article 70
Claims based on Articles 65, 66 and 69 must
be lodged with the competent authorities within six months, and, in default of
agreement, with the Mixed Arbitral Tribunal within twelve months, from the
coming into force of the present Treaty.
Article 71
The British Empire, France, Italy, Roumania
and the Serb-Croat-Slovone State or their nationals having begun claims or
suits with regard to their property, rights and interests against the Ottoman
Government before the 29th October, 1914, the provisions of this
Section will not prejudice such claims or suits. Claims or suits begun against
the British, French, Italian, Roumanian or Serb-Croat-Slovene Governments by
the Ottoman Government or its nationals will similarly not be prejudiced.
These claims or suits will be continued against the Turkish Government and
against the other Governments mentioned in this Article under the conditions
existing before the 29th October, 1914, due regard being had to the
abolition of the Capitulations.
Article 72
In the territories which remain Turkish by
virtue of the present Treaty, property, rights and interests belonging to
Germany, Austria, Hungary and Bulgaria or to their nationals, which before the
coming into force of the present Treaty have been seized or occupied by the
Allied Governments, shall remain in the possession of these Governments until
the conclusion of arrangements between them and the German, Austrian,
Hungarian and Bulgarian Governments or their nationals who are concerned. If
the above mentioned property, rights and interests have been liquidated, such
liquidation is confirmed.
In the territories detached from Turkey under
the present Treaty, the Governments exercising authority there shall have
power, within one year from the coming into force of the present Treaty, to
liquidate the property, rights and interests belonging to Germany, Austria,
Hungary and Bulgaria or to their nationals.
The proceeds of liquidations, whether they
have already been carried out or not, shall be paid to the Reparation
Commission established by the Treaty of Peace concluded with the States
concerned, if the property liquidated belongs to the German, Austrian,
Hungarian or Bulgarian State. In the case of liquidation of private property,
the proceeds of liquidation shall be paid to the owners direct.
The provisions of this Article do not apply
to Ottoman limited Companies.
The Turkish Government shall be in no way
responsible for the measures referred to in the present Article
Section II
Contracts and Prescriptions
Article 73
The following classes of contracts concluded,
before the date mentioned in Article 82, between persons who thereafter became
enemies as defined is that, Article, remain in force subject to the provisions
of the contracts and to the stipulation's of the present Treaty.
- Contracts for the sale of real property,
even if all formalities may not have been concluded, provided that delivery
did in fact take place before the date on which the parties became enemies
as defined in Article 82.
- Leases and agreements for leases of land
and houses entered into between individuals.
- Contracts between individuals regarding the
exploitation of mines, forests or agricultural estates.
- Contracts of mortgage, pledge or lien.
- Contracts constituting companies, excepting
"sociétés en nom collectif" which do not constitute, under the
law to which they are subject, an entity separate from that of the persons
of which they are composed (partnerships).
- Contracts, whatever may be their purpose,
concluded between individuals or companies and the State, provinces,
municipalities or other similar juridical persons charged with
administrative functions.
- Contracts relating to family status.
- Contracts relating to gifts or bounties of
any kind whatever.
This Article cannot be invoked in order to
give to contracts a validity different from that which they had in themselves
when they were concluded.
Id does not apply to concessionary contracts.
Article 74
Insurance contracts are governed by the
provisions of the Annex to this Section.
Article 75
Contracts other than there specified in
Articles 73 and 74 and other than concessionary contracts, which were entered
into between persons who subsequently became enemies, shall be considered as
having been annulled as from the date on which the parties became enemies.
Nevertheless, either of the parties to the
contract shall have power, within three months from the coming into force of
the present Treaty, to require the execution of the contracts, on condition of
paying, where the circumstances demand it, to the other party compensation
calculated according to the difference between the conditions prevailing at
the time when the contracts was concluded and those prevailing at the time
when its maintenance is required. In default of agreement between the parties,
this compensation shall be fixed by the Mixed Arbitral Tribunal.
Article 76
The validity of all compromises entered into
before the coming into force of the present Treaty between nationals of the
Contracting Powers, parties to contracts specified in Articles 73 to 75.
particularly those providing for the cancellation, the maintenance, the
methods of execution, or the modification of such contracts, including
agreements relating to the currency of payment or the rate of exchange, is
confirmed.
Article 77
Contracts between Allied and Turkish
nationals concluded after the 30th October, 1918, remain in force
and will be governed by the ordinary law.
Contracts duly concluded with the
Constantinople Government between the 30th October, 1918, and the
16th March, 1920, also remain in force and will be governed by the
ordinary law.
All contracts and arrangements duly concluded
after the 16th March, 1920, with the Constantinople Government
concerning territories which remained under he effective control of the said
Government, shall be submitted to the Grand National Assembly of Turkey for
approval, if the parties concerned make application within three months from
the coming into force of the present Treaty. Payments made under such
contracts shall be duly credited to the party who has made them.
If approval is no granted, the party
concerned shall, if the circumstances demand it, be entitled to compensation
corresponding to the direct loss which has been actually suffered; such
compensation in default of air amicable agreement, shall be fixed by the Mixed
Arbitral Tribunal.
The provisions of this Article are not
applicable either to concessionary contracts or to transfers of concessions.
Article 78
All disputes which already exist or may arise
within the period of six months mentioned below, relating to contracts, other
than concessionary contracts, between parties who subsequently became enemies,
shall be determined by the Mixed Arbitral Tribunal, with the exception of
disputes which, in accordance with the laws of neutral Powers are within the
competence of the national courts of these Powers. In the latter case, such
disputes shall be determined by the said national courts, to the exclusion of
the Mixed Arbitral Tribunal. Applications relating to disputes which under
this Article, are within the competence of the Mixed Arbitral Tribunal, must
be presented to the said Tribunal within a period of six months from the date
of its establishment.
After the expiration of this period, disputes
which have not been submitted to the Mixed Arbitral Tribunal shall be
determined by the competent courts in accordance with the ordinary law.
The provisions of this Article do not apply
to cases in which all the parties to the contract resided in the same country
during the war and there freely disposed of their persons and their property,
nor to disputes in respect of which judgment was given by a competent court
before the date on which the parties became enemies.
Article 79
All periods whatever of prescription or
limitation of right of action, whether they began to run before or after the
outbreak of war, shall be treated, in the territory of the High Contracting
Parties so far as regards relations between enemies, as having been suspended
from the 29th October, 1914, until the expiration of three months
after the coming into force of the present Treaty.
This provision applies, in particular, to
periods of time allowed for the presentation of interest or dividend coupons,
or for the presentation for payment of securities drawn for redemption or
repayable on any other ground.
As regards Roumania, the above mentioned
periods shall be considered as having been suspended as from the 27th
August, 1916.
Article 80
As between enemies no negotiable instrument
made before the war shall be deemed to have become invalid by reason only of
failure within the required time to present the instrument for acceptance or
payment, or to give notice of non-acceptance or non-payment to drawers or
endorsers, or to protest the instrument, nor by reason of failure to complete
any formality during the war.
When the period within which a negotiable
instrument should have been presented for acceptance or payment, or within
which notice of non-acceptance or non-payment should have been given to the
drawers or endorsers, or with which the instrument should have been protested,
has expired during the war, and when the party who should have presented or
protested the instrument or given notice of non-acceptance or non-payment, has
failed to do so during the war a period of three months from the coming into
force of the present Treaty shall be allowed within which the presentation,
notice of non-acceptance or non-payment, or protest may be made.
Article 81
Sales effected during the war in order to
realise pledges or mortgages created before the war as security for debts
which have become payable, shall be deemed valid, although it may not have
been possible to perform all the formalities required for notifying the
debtor, subject to the express right of the said debtor to summon the creditor
before the Mixed Arbitral Tribunal to render accounts, failing which the
creditor will be liable to be cast in damages.
It shall be the duty of the Mixed Arbitral
Tribunal to settle the accounts between the parties, to investigate the
conditions under which the property pledged or mortgaged was sold, and to
order the creditor to make good any loss suffered by the debtor as a result of
the sale if the creditor acted in bad faith or if he did not take all steps in
his power to avoid having recourse to a sale or to cause the sale to be
conducted in such conditions as to ensure the realisation of a fair price.
The present provision is applicable only
between enemies and does not extend to transactions referred to above which
may have been carried out after the 1st May, 1923.
Article 82
For the purposes of the present Section, the
parties to a contract shall be regarded as enemies from the date on which
trading between them became impossible in fact or was prohibited or became
unlawful under laws, orders or regulations to which one of the parties was
subject.
By way of exception to Articles 73-75, 79 and
80, contracts shall be governed by the ordinary law if they were concluded
within the territory of one of the High Contracting Parties between enemies
(including companies) or their agents, if this territory was an enemy country
for one of the contracting parties who remained there during the war and was
there able to dispose freely of his person and property.
Article 83
The provisions of this Section do not apply
between Japan and Turkey; matters dealt with in this Section shall, in both of
these countries, be determined in accordance with the local law.
Annex
I. Life Assurance
Paragraph 1
Life assurance contracts entered into between
an insurer and a person who subsequently became an enemy shall not be deemed
to have been dissolved by the outbreak of war or by the fact of the person
becoming an enemy.
Ever sum which, during the war, became due
upon a contract deemed not to have been dissolved in accordance with the
preceding paragraph, shall be recoverable after the war. This sum shall be
increased by interest at 5 per cent. per annum from the date of its becoming
due up to the day of payment.
If the contract has lapsed during the war,
owing to non-payment of premiums or has become void from breach of the
conditions of the contract, the assured, or his representatives, or the
persons entitled, shall have the right at any moment within twelve months from
the coming into force of the present Treaty to claim from the insurer the
surrender value of the policy at the date of its lapse or annulation, together
with interest at 5 per cent. per annum.
Turkish nationals whose life insurance
contracts entered into before the 29th October, 1914, have been
cancelled or reduced before the Treaty for non-payment of premiums in
accordance with the provisions of the said contracts, shall have the right,
within three months from the coming into force of the present Treaty, if they
are still alive, to restore their policies for the whole of the amount
assured. For this purpose they must, after having undergone a medical
examination by the doctor of the company, the result of which the company
considers satisfactory, pay the premiums in arrear with compound interest at 5
per cent.
Paragraph 2
It is understood that life assurance
contracts in money other than the Turkish pound, entered into before he 29th
October, 1914, between companies possessing the nationality of an Allied Power
and Turkish nationals, in respect of which the premiums have been paid before
and after the 18th November, 1915, or even only before that date,
shall be regulated, first, by determining the rights of the assured in
accordance with the general conditions of the policy for the period before the
18th November, 1915, in the currency stipulated in the contract at
the current rate in its country of origin (for example, every amount
stipulated in francs, in gold francs, or in "francs effectives" will
be paid in French francs, secondly, for the period after the 18th
November, 1915, in Turkish pounds paper the Turkish pound being taken at the
pre-war par value.
If Turkish nationals whose contracts were
entered into in currency other than Turkish currency show that they have
continued to pay their premiums since the 18th November, 1915, in
the currency stipulated in the contracts, the said contracts shall be settled
in the same currency at the current rate in its country of origin, even for
the period after the 18th November, 1915.
Turkish nationals whose contracts, entered
into before the 29th October, 1914, in currency other than Turkish
currency with companies possessing the nationality of an Allied Power are,
owing to payment of premiums, still in force, shall have the right within
three months after the coming into force of the present Treaty to restore
their policies for the full amount, in the currency stipulated in their
contract, at the current rate in its country of origin. For this purpose they
must pay in this currency the premiums which have become due since the 18th
November, 1915. On the other hand, the premiums actually paid by them in
Turkish pounds paper since that date will be repaid to them in the same
currency.
Paragraph 3
As regards insurances in Turkish pounds,
settlement shall be made in Turkish pounds paper.
Paragraph 4
The provisions of paragraphs 2 and 3 do not
apply to policy holders who, by an express agreement, have already settled
with the insurance companies the fixation of the value of their policies and
the method of payment of their premiums, nor to those whose policies shall
have been finally settled at the date of the coming into force of the present
Treaty.
Paragraph 5
For the purposes of the preceding paragraphs,
insurance contracts shall be considered as contracts of life insurance when
they depend on the probabilities of human life, combined with the rate of
interest, for the calculation of the reciprocal engagement between the two
parties.
II. Marine Insurance
Paragraph 6
Subject to the provisions therein contained,
contracts of marine insurance will not be deemed to have been dissolved where
the risk had attached before the parties became enemies, but the policy shall
not be deemed to cover losses due to belligerent action by the Power of which
the insurer was a national or by the allies of that Power.
III. Fire and Other Insurance
Paragraph 7
Subject to the reserve contained in the
preceding paragraph, fire insurance contracts and all other forms of insurance
contracts are not deemed to be dissolved.
Section III
Debts
Article 84
The High Contracting Parties are in agreement
in recognising that debts which were payable before the war or which became
payable during the war under contracts entered into before the war, and which
remained unpaid owing to the war, must be settled and paid, in accordance with
the provisions of the contracts, in the currency agreed upon, at the rate
current in its country of origin.
Without prejudice to the provisions of the
Annex to Section II of this part, it is agreed that where payments to be made
under a pre-war contract represented by sums collected during the war in whole
or in part in a currency other than that mentioned in the said contract, such
payments can be made by handing over the sums actually collected, in the
currency in which they were collected. This provision shall not affect
settlements inconsistent with the foregoing provisions arrived at by voluntary
agreement between the parties before the coming into force of the present
Treaty.
Article 85
The Ottoman Public Debt is by general
agreement left outside the scope of this Section and of the other Sections of
this Part (Economic Clauses).
Section IV
Industrial, Literary and Artistic Property
Article 86
Subject to the stipulation's of the present
Treaty, rights of industrial, literary and artistic property as they existed
on the 1st August, 1914, in accordance with the law of each of the
contracting countries, shall be re-established or restored as from the coming
into force of the present Treaty in the territories of the High Contracting
Parties in favour of the persons entitled to the benefit of them at the moment
when the state of war commenced, or of their legal representatives. Equally,
rights which, but for the war, could have been acquired during the war, by
means of an application legally made for the protection of industrial property
or of the publication of a literary or artistic work, shall be recognised and
established in favour of those persons who would have been entitled thereto,
from the coming into force of the present Treaty.
Without prejudice to the rights which are
required to be restored in accordance with the above provision, all acts
(including the grant of licences) done by virtue of the special measures taken
during the war by a legislative, executive or administrative authority of an
Allied Power in regard to the rights of Turkish nationals in respect of
industrial, literary or artistic property, shall remain in force and continue
to have their full effect. This provision applies mutatis mutandis to
corresponding measures taken by Turkish authorities in regard to the rights of
the nationals of any Allied Power.
Article 87
A minimum of one year from the coming into
force of the present Treaty shall be granted, without surtax or penalty of any
kind, to Turkish nationals in the territory of each of the other Contracting
Powers, and to the nationals of these Powers, in Turkey, within which they may
accomplish any act, fulfil any formality, pay any fees, and generally satisfy
any obligation prescribed by the laws and regulations of the respective States
for preserving or obtaining or opposing the grant of rights to industrial
property which had already been acquired on the 1st August, 1914,
or which, but for the war, might have been acquired since that date by means
of an application made before or during the war.
Rights to industrial property which have
lapsed by reason of any failure to accomplish any act, fulfil any formality,
or pay any fees shall be revived, but subject, in the case of patents and
designs, to the adoption of such measures as each Power may deem reasonably
necessary for the protection of the rights of third parties who have exploited
or made use of patents or designs since they had lapsed.
The period from the 1st August,
1914, until the coming into force of the present. Treaty shall be excluded in
calculating the time within which a patent has to be exploited or a trade mark
or design used, and it is further agreed that no patent, trade-mark or design
in force on the 1st August, 1914, shall be subject to revocation or
cancellation by reason only of the failure to exploit such patent or use such
trade-mark or design, for two years after the coming into force of the present
Treaty.
Article 88
No action shall be brought and no claim made
on the one hand by Turkish nationals or persons residing or carrying on
business in Turkey, and on the other hand by nationals of the Allied Powers on
persons residing or carrying or carrying ot their business in the territory of
these Powers, nor by third parties having derived title during the war from
such persons, by reason of any occurrence which has taken place within the
territory of the other party, between the date of the beginning of a state of
war and that of the coming into force of the present Treaty, which might be
held to constitute an infringement of rights of industrial property or rights
of literary or artistic property either existing at any time during the war,
or revived under the provisions of Article 86.
Among the occurrence referred to above are
included the use by the Governments of the High Contracting Parties, or by any
person acting on their behalf, or with their consent, of rights of industrial,
literary or artistic property, as well as the sale, the offering for sale or
the use of products, apparatus, or any articles whatsoever to which these
rights apply.
Article 89
Licences for the use of industrial property,
or for the reproduction of literary or artistic works, granted before the war
by or to nationals of the Allied Powers or persons residing in their
territories or carrying on business therein, on the one hand, to or by Turkish
nationals on the other hand, shall be considered as concealed as from the date
of the beginning of a state of war between Turkey and the Allied Power
concerned. But in any case, the former beneficiary of a licence of this kind
shall have the right within a period of six months from the coming into force
of the present Treaty to require from the proprietor of the rights the grant
of a new licence, the conditions of which, in default of agreement between the
parties, shall be fixed by the Mixed Arbitral Tribunal referred to in Section
V of this Part. The Tribunal shall have the power, where the circumstances
demand it, to fix at the same time the among which it considers fair payment
for the use of the property during the war.
Article 90
The inhabitants of territories detached from
Turkey under the present Treaty shall, not wit standing this transfer and the
change of nationality consequent thereon, continue in complete enjoyment.
Turkey of all the rights in industrial,
literary and artistic property to which they were entitled under Ottoman law
at the time of transfer.
Rights of industrial, literary and artistic
property which are in existence in territories detached from Turkey under the
present Treaty at the time of separation, or which are re-established or
restored by the provisions of Article 86 shall be recognised by the State to
which the said territory is transferred, and shall remain in existence in that
territory for the same period of time as that which they would have enjoyed
under Ottoman law.
Article 91
All grants of patents and registrations of
trade marks, as well as all registrations of transfers or assignments of
patents or trade marks which have been duly made since the 30th
October, 1918, by the Imperial Ottoman Government at Constantinople or
elsewhere, shall be submitted to the Turkish Government and registered, if the
parties concerned make an application within three months from the coming into
force of the present Treaty. Such registration shall have effect as from the
date of the original registration.
Section V
Mixed Arbitral Tribunal
Article 92
Within three months from the date of the
coming into force of the present Treaty, a Mixed Arbitral Tribunal shall be
established between each of the Allied Tribunal shall be established between
each of the Allied Powers, on the one hand, and Turkey, on the other hand.
Each of these Tribunals shall be composed of
three members, two being appointed respectively by each of the Governments
concerned, who shall be entitled to designate, several persons from whom,
according to the case in question, they will choose one to sit as a member of
the Tribunal. The president shall be chosen by agreement between the two
Governments concerned.
In case of failure to reach agreement within
two months from the coming into force of the present Treaty, the president
shall be appointed, upon the request of one of the Governments concerned, from
among nationals of Powers which remained neutral during the war, by the
President of the Permanent Court of International Justice at The Hague.
If within the said period of two months one
of the Governments concerned does not appoint a member to represent it on the
Tribunal, the Council of the League of Nations will have power to proceed to
the appointment of such member upon the request of the other Government
concerned.
If a member of the Tribunal should die or
resign or for any reason become unable to perform his duties, be shall be
replaced by the method laid down for his appointment, the above period of two
months running from the date of death, resignation or inability as duly
verified.
Article 93
The seat of the Mixed Arbitral Tribunals
shall be at Constantinople. If the number and character of the cases justify
it, the Governments concerned shall be entitled to create in each Tribunal one
or more additional Sections, the sent of which shall be in what-ever place may
be convenient. Each of these Sections shall be composed of a vice-president
and two members appointed as laid down in the second, third, fourth and fifth
paragraphs of Article 92.
Each Government shall appoint one or more
agents to represent it before the Tribunal.
If, after three years from the establishment
of a Mixed Arbitral Tribunal, or of one of its Sections, such Tribunal or
Section has not finished its work, and if the Power on whose territory such
Tribunat or Section has its seat so requests, the sea shall be removed from
such territory.
Article 94
The Mixed Arbitral Tribunal established
pursuant to Articles 92 and 93 shall decide all question within their
competence under the present Treaty.
Decisions shall be taken by a majority.
The High Contracting Parties agree to regard
the decisions of the Mixed Arbitral Tribunals as final and conclusive, and to
render them binding upon their nationals, and to ensure their enforcement in
their respective territories as soon as the decisions of the Tribunals are
notified to them, without it being necessary to have them declared executory.
The High Contracting Parties further
undertake that their Tribunals and authorities shall directly assists the
Mixed Arbitral Tribunals in every way that is in their power, particularly as
regards the transmission of notices and the collection of evidence.
Article 95
The Mixed Arbitral Tribunals shall be guided
by justice, equity and good faith.
Each Tribunal will determine the language to
be used before it, and shall order such translations to be made as are
necessary to ensure that the proceedings are completely understood; it will
lay down rules and time limits for the procedure to be observed. These rules
must be based on the following principles:
- The procedure shall include the
presentation of a memorial and a counter-memorial respectively, with the
option of presenting a reply and a rejoinder. If either of the parties asks
for leave to present an oral argument he will be permitted to do so in such
case the other party will have the same right.
- The Tribunal shall have full power to order
enquires, the production of documents, and expert examinations, to make a
view to demand any information, to hear any witnesses and to ask the parties
or their representatives for any verbal or written explanations.
- Subject to any contrary provision in the
present Treaty, no claim shall be admitted after the expiry of a period of
six months from the establishment of the Tribunal, except upon express
authority contained in a decision of the said Tribunal and justified as an
exceptional measure by considerations relating to distance or force majeure.
- It shall be the duty of the Tribunal to
hold as many sittings each week as may be needed for the prompt despatched
of its business, except during vacations, which shall not exceed a total of
eight weeks a year.
- Judgment must always be given within at
most two months from the end of the hearing, after which the Tribunal will
at once proceed to consider its judgment.
- Oral arguments, if any, shall be heard in
public, and in all cases judgments shall be delivered in public.
- Each Mixed Arbitral Tribunal shall be
entitled to hold sittings elsewhere than in the place where its seat is
established, if it considers if advantageous for the dispatch of business.
Article 96
The Governments concerned shall appoint by
agreement a Secretary-General for each Tribunal, and shall each attach to him
one or more Secretaries. The Secretary-General and the Secretaries shall be
under the orders of the Tribunal, which with the consent of the Governments
concerned shall be entitled to engage any persons whose assistance it may
need.
The Secretariat of each Tribunal shall have
its offices at Constantinople. The Governments concerned shall have power to
establish additional offices in such other places as may be convenient.
Each Tribunal shall keep in its Secretariat
the records, papers and documents relating to the cases submitted to it and
upon the completion of its duties it shall deposit them in the archives of the
Government of the country where its seat is established. These archives shall
always be accessible to the Governments concerned.
Article 97
Each Government shall pay the emoluments of
the member of the Mixed Arbitral Tribunal whom it appoints, as well as those
of any agent or secretary appointed by it.
The emoluments of the President and those of
the Secretary-General shall be fixed by agreement between the Governments
concerned, and these emoluments and the general expenses of the Tribunal shall
be paid in equal shares by the two Governments
Article 98
The present section shall not apply to cases
between Japan and Turkey, which, according to the terms of the present Treaty,
would fall within the competence of the Mixed Arbitral Tribunal. Such cases
shall be settled by agreement between the two Governments.
Section VI
Treaties
Article 99
From the coming into force of the present
Treaty and subject to the provisions thereof, the multilateral treaties,
conventions and agreements of an economic or technical character enumerated
below shall enter again into force between Turkey and those of the other
Contracting Powers party thereto:
- Conventions of March 14, 1884, of December
1, 1886, and of March 23, 1887, and Final Protocol of July 7, 1887,
regarding the protection of submarine cables;
- Convention of July 5, 1890, regarding the
publication of customs tariffs and the organisation of an International
Union for the publication of customs tariffs;
- Arrangement of December 9, 1907, regarding
the creation of the International Office of Public Hygiene at Paris;
- Convention of June 7, 1905, regarding the
creation of an International Agricultural Institute at Rome;
- Convention of July 16, 1963, for the
redemption of the toll dues on the Seheldt;
- Convention of October 29, 1888, regarding
the establishment of a definite arrangement guaranteeing the free use of the
Suez Canal, subject to the special stipulation's provided for by Article 19
of the present Treaty;
- Conventions and Agreements of the Universal
Postal Union, including the conventions and Agreements signed at Madrid on
November 30, 1920.
- International Telegraphic Conventions
signed at St. Petersburg on July 10/22, 1875; Regulations and Tariffs drawn
up by the International Telegraphic Conference, Lisbon, June 11, 1908
Article 100
Turkey undertakes to adhere to the
Conventions or Agreements enumerated below, or to ratify them:
- Convention of October 11, 1909, regarding
the international circulation of motor cars;
- Agreement of May 15, 1886, regarding the
sealing of railway trucks subject to customs inspection, and Protocol of May
18, 1907;
- Convention of September 23, 1910,
respecting the unification of certain regulations regarding collisions and
salvage at sea;
- Convention of December 21, 1904, regarding
exemption of hospital ships from dues and charges in ports;
- Conventions of May 18, 1904, of May 4,
1910, and of September 30, 1921, regarding the suppression of the White
Slave Traffic;
- Conventions of May 4, 1910, regarding the
suppression of obscene publications;
- Sanitary convention of January 17, 1912,
Articles 54, 88 and 90 being reserved;
- Conventions of November 3, 1881, and April
15, 1889, regarding precautionary measures against phylloxera;
- Opium Convention, signed at The Hague,
January 23, 1912 and additional Protocol of 1914;
- International Radio Telegraphic Convention
of July 5, 1912;
- Convention regarding liquor traffic in
Africa, signed at Saint-German-en-Laye, September 10, 1919;
- Convention revising the General Act of
Berlin of February 26, 1885, and the General Act and Declaration of Brussels
of July 2, 1890, signed at Saint-Germain-en-Laye, September 10, 1919;
- Convention of October 13, 1919, regulating
aerial navigation, provided that Turkey obtains, under the Protocol of May
1, 1920, such derogations as her geographical situation may render
necessary;
- Convention of September 26, 1906, signed at
Berne, prohibiting the use of white phosphorus in the manufacture of
matches.
Turkey further undertakes to take part in the
elaboration of new international conventions relating to telegraphy and
radio-telegraphy.
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