Treaty of Trianon
Treaty of Peace Between
The Allied
&
Associated Powers
&
Hungary
& Protocol
&
Declaration,
Signed at Trianon June 4, 1920
Published at DVHH.org
31 Mar 2010
by Jody McKim Pharr
Treaty of Trianon Index | Part I-IV | Part V-VIII | Part IX-X | Part X, Section V-XI, Section V | Next: Part XIII - Protocol & Declaration
Part X, Section V - XI, Section V
SECTION VI.
MIXED ARBITRAL
TRIBUNAL.
ARTICLE 239.
(a) Within three
months from the
coming into
force of the
present Treaty,
a Mixed Arbitral
Tribunal shall
be established
between each of
the Allied and
Associated
Powers on the
one hand and
Hungary on the
other hand Each
such Tribunal
shall consist of
three members.
Each of the
Governments
concerned shall
appoint one of
these members.
The President
shall be chosen
by agreement
between the two
Governments
concerned.
In case of
failure to reach
agreement, the
President of the
Tribunal and two
other persons,
either of whom
may in case of
need take his
place, shall be
chosen by the
Council of the
League of
Nations, or,
until this is
set up, by M.
Gustav Ador if
he is willing.
These persons
shall be
nationals of
Powers that have
remained neutral
during the war.
If in case there
is a vacancy a
Government does
not proceed
within a period
of one month to
appoint as
provided above a
member of the
Tribunal, such
member shall be
chosen by the
other Government
from the two
persons
mentioned above
other than the
President.
The decision of
the majority of
the members of
the Tribunal
shall be the
decision of the
Tribunal. (b)
The Mixed
Arbitral
Tribunals
established
pursuant to
paragraph (a)
shall decide all
questions within
their competence
under Sections
III, IV, V and
VII.
In addition, all
questions,
whatsoever their
nature, relating
to contracts
concluded before
the coming into
force of the
present Treaty
between
nationals of the
Allied and
Associated
Powers and
Hungarian
nationals shall
be decided by
the Mixed
Arbitral
Tribunal, always
excepting
questions which,
under the laws
of the Allied,
Associated or
Neutral Powers,
are within the
jurisdiction of
the national
courts of those
Powers. SucEI
questions shall
be decided by
the national
courts in
question, to the
exclusion of the
Mixed Arbitral
Tribunal. The
party who is a
national of an
Allied or
Associated Power
may nevertheless
bring the case
before the Mixed
Arbitral
Tribunal if this
is not
prohibited by
the laws of his
country.
(c) If the
number of cases
justifies it,
additional
members shall be
appointed and
each Mixed
Arbitral
Tribunal shall
sit in
divisions. Each
of these
divisions will
be constituted
as above.
(d) Each Mixed
Arbitral
Tribunal will
settle its own
procedure except
in so far as it
is provided in
the following
Annex, and is
empowered to
award the sums
to be paid by
the loser in
respect of the
costs and
expenses of the
proceedings.
(e) Each
Government will
pay the
remuneration of
the member of
the Mixed
Arbitral
Tribunal
appointed by it
and of any agent
whom it may
appoint to
represent it
before the
Tribunal. The
remuneration of
the President
will be
determined by
special
agreement
between the
Governments
concerned; and
this
remuneration and
the joint
expenses of each
Tribunal will be
paid by the two
Governments in
equal moieties.
(f) The High
Contracting
Parties agree
that their
courts and
authorities
shall render to
the Mixed
Arbitral
Tribunals direct
all the
assistance in
their power,
particularly as
regards
transmitting
notices and
collecting
evidence.
(g) The High
Contracting
Parties agree to
regard the
decisions of the
Mixed Arbitral
Tribunal as
final and
conclusive, and
to render them
binding upon
their nationals.
ANNEX.
1. Should one of
the members of
the Tribunal
either die,
retire or be
unable for any
reason whatever
to discharge his
functions, the
same procedure
will be followed
for filling the
vacancy as was
followed for
appointing him.
2. The Tribunal
may adopt such
rules of
procedure as
shall be in
accordance with
justice and
equity and
decide the order
and time at
which each party
must conclude
its arguments,
and may arrange
all formalities
required for
dealing with the
evidence.
3. The agent and
counsel of the
parties on each
side are
authorized to
present orally
and in writing
to the Tribunal
arguments in
support or in
defense of each
case.
4. The Tribunal
shall keep
record of the
questions and
cases submitted
and the
proceedings
thereon, with
the dates of
such
proceedings.
5. Each of the
Powers concerned
may appoint a
secretary. These
secretaries
shall act
together as
joint
secretaries of
the Tribunal and
shall be subject
to its
direction. The
Tribunal may
appoint and
employ any other
necessary
officer or
officers to
assist in the
performance of
its duties.
6. The Tribunal
shall decide all
questions and
matters
submitted upon
such evidence
and information
as may be
furnished by the
parties
concerned.
7. The High
Contracting
Parties agree to
give the
Tribunal all
facilities and
information
required by it
for carrying out
its
investigations.
8. The language
in which the
proceedings
shall be
conducted shall,
unless otherwise
agreed, be
English, French,
Italian or
Japanese as may
be determined by
the Allied or
Associated Power
concerned.
9. The place and
time for the
meetings of each
Tribunal shall
be determined by
the President of
the Tribunal.
ARTICLE 240.
Whenever a
competent court
has given or
gives a decision
in a case
covered by
Sections III,
IV, V or VII,
and such
decision is
inconsistent
with the
provisions of
such Sections,
the party who is
prejudiced by
the decision
shall be
entitled to
obtain redress
which shall be
fixed by the
Mixed Arbitral
Tribunal. At the
request of the
national of an
Allied or
Associated
Power, the
redress may,
whenever
possible, be
effected by the
Mixed Arbitral
Tribunal
directing the
replacement of
the parties in
the position
occupied by them
before the
judgment was
given by the
court of the
former Kingdom
of Hungary.
SECTION VII.
INDUSTRIAL
PROPERTY.
ARTICLE 241.
Subject to
the stipulations
of the present
Treaty, rights
of industrial,
literary and
artistic
property, as
such property is
defined by the
International
Conventions of
Paris and of
Berne, mentioned
in Articles 220
and 222, 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
their legal
representatives.
Equally, rights
which, except
for the war,
would have been
acquired during
the war in
consequence ol
an application
made for the
protection of
industrial
property, or the
publication of a
literary or
artistic work,
shall be
recognised and
established in
favour of those
persons who
would have b en
entitled
thereto, from
the coming into
force of the
present Treaty.
Nevertheless,
all acts done by
virtue of the
special measures
taken during the
war under
legislative,
executive or
administrative
authority of any
Allied or
Associated Power
in regard to the
rights of
nationals of the
former Kingdom
of Hungary in
industrial,
literary or
artistic
property shall
remain in force
and shall
continue to
maintain their
full effect.
No claim shall
be made or
action brought
by Hungary or
Hungarian
nationals or by
or on behalf of
nationals of the
former Kingdom
of Hungary in
respect of the
use during the
war by the
Government of
any Allied or
Associated
Power, or by any
persons acting
on behalf or
with the assent
of such
Government of
any rights in
industrial,
literary or
artistic
property, nor in
respect of the
sale, offering
for sale, or use
of any products,
articles or
apparatus
whatsoever to
which such
rights applied.
Unless the
legislation of
any one of the
Allied or
Associated
Powers in force
at the moment of
the signature of
the present
Treaty otherwise
directs, sums
due or paid in
respect of the
property of
persons referred
to in Article
232 (b) in
virtue of any
act or operation
resulting from
the execution of
the special
measures
mentioned in the
second paragraph
of this Article
shall be dealt
with in the same
way as other
sums due to such
persons are
directed to be
dealt with by
the present
Treaty; and sums
produced by any
special measures
taken by the
Government of
the former
Kingdom of
Hungary in
respect of
rights in
industrial,
literary or
artistic
property
belonging to the
nationals of the
Allied or
Associated
Powers shall be
considered and
treated in the
same way as
other debts due
from Hungarian
nationals.
Each of the
Allied and
Associated
Powers reserves
to itself the
right to impose
such
limitations,
conditions or
restrictions on
rights of
industrial,
literary or
artistic
property (with
the exception of
trade-marks)
acquired before
or during the
war, or which
may be
subsequently
acquired in
accordance with
its legislation,
by Hungarian
nationals,
whether by
granting
licences, or by
the working, or
by preserving
control over
their
exploitation, or
in any other
way, as may be
considered
necessary for
national
defense, or in
the public
interest, or for
assuring the
fair treatment
by Hungary of
the rights of
industrial,
literary and
artistic
property held in
Hungarian
territory by its
nationals, or
for securing the
due fulfillment
of all the
obligations
undertaken by
Hungary in the
present Treaty.
As regards
rights of
industrial,
literary and
artistic
property
acquired after
the coming into
force of the
present Treaty,
the right so
reserved by the
Allied and
Associated
Powers shall
only be
exercised in
cases where
these
limitations,
conditions or
restrictions may
be considered
necessary for
national defence
or in the public
interest. In the
event of the
application of
the provisions
of the preceding
paragraph by any
Allied or
Associated
Power, there
shall be paid
reasonab'e
indemnities or
royalties, which
shall be dealt
with in the same
way as other
sums due to
Hungarian
nationals are
directed to be
dealt with by
the present
Treaty.
Each of the
Allied or
Associated
Powers reserves
the right to
treat as void
and of no effect
any transfer in
whole or in part
of or other
dealing with
rights of or in
respect of
industrial,
literary or
artistic
property
effected after
July 28, I914,
or in the
future, which
would have the
result of
defeating the
objects of the
provisions of
this Article.
The provisions
of this Article
shall not apply
to rights in
industrial,
literary or
artistic
property which
have been dealt
with in the
liquidation of
businesses or
companies under
war legislation
by the Allied or
Associated
Powers, or which
may be so dealt
with by virtue
of Article 232,
paragraph (b).
ARTICLE 242.
A minimum of one
year after the
coming into
force of the
present Treaty
shall be
accorded to the
nationals of the
High Contracting
Parties, without
extension fees
or other
penalty, in
order to enable
such persons to
accomplish any
act, fulfill any
formality, pay
any fees, and
generally
satisfy any
obligation
prescribed by
the laws or
regulations of
the respective
States relating
to the
obtaining,
preserving or
opposing rights
to, or in
respect of,
industrial
property either
acquired before
July 28, 1914,
or which, except
for the war,
might have been
acquired since
that date as a
result of an
application made
before the war
or during its
continuance, but
nothing in this
Article shall
give any right
to re-open
interference
proceedings in
the United
States of
America where a
final hearing
has taken place.
All rights in,
or in respect
of, such
property which
may have lapsed
by reason of any
failure to
accomplish any
act, fulfil any
formality, or
make any
payment, shall
revive, but
subject in the
case of patents
and designs to
the imposition
of such
conditions as
each Allied or
Associated Power
may deem
reasonably
necessary for
the protection
of persons who
have
manufactured or
made use of the
subject-matter
of such property
while the rights
had lapsed.
Further, where
rights to
patents or
designs
belonging to
Hungarian
nationals are
revived under
this Article,
they shall be
subject in
respect of the
grant of
licences to the
same provisions
as would have
been applicable
to them during
the war, as well
as to all the
provisions of
the present
Treaty.
The period from
July 28, 1914,
until the coming
into force of
the present
Treaty shall be
excluded in
considering the
time within
which a patent
should be worked
or a trade-mark
or design used,
and it is
further agreed
that no patent,
registered
trademark or
design in force
on July 28,
1914, shall be
subject to
revocation or
cancellation by
reason only of
the failure to
work such patent
or use such
trade-mark or
design for two
years after the
coming into
force of the
present Treaty.
ARTICLE 243.
The rights of
priority
provided by
Article 4 of the
International
Convention for
the Protection
of Industrial
Property of
Paris of March
20, 1883,
revised at
Washington in
19II, or by any
other Convention
or Statute, for
the filing or
registration of
applications for
patents or
models of
utility, and for
the registration
of trade-marks,
designs and
models which had
not expired on
July 28, I914,
and those which
have arisen
during the war,
or would have
arisen but for
the war, shall
be extended by
each of the High
Contracting
Parties in
favour of all
nationals of the
other High
Contracting
Parties for a
period of six
months after the
coming into
force of the
present Treaty.
Nevertheless,
such extension
shall in no way
affect the right
of any of the
High Contracting
Parties or of
any person who
before the
coming into
force of the
present Treaty
was bona Jide in
possession of
any rights of
industrial
property
conflicting with
rights applied
for by another
who claims
rights of
priority in
respect of them,
to exercise such
rights by itself
or himself
personally, or
by such agents
or licensees as
derived their
rights from it
or him before
the coming into
force of the
present Treaty;
and such persons
shall not be
amenable to any
action or other
process of law
in respect of
infringement.
ARTICLE 244
No action shall
be brought and
no claim made by
nationals of the
former Kingdom
of Hungary, or
by persons
residing or
carry hlg on
business within
the territory of
that Kingdom on
the one part,
and on the other
part by persons
residing or
carrying on
business in the
territory of the
AlLied or
Associated
Powerss or
persons who are
nationals of
such Powers
respectively, or
by any one
deriving title
during the war
from such
persons, by
reason of any
action which has
taken place
within the
territory of the
other party
between the date
of the existence
of a state of
war and that of
the coming into
force of the
present Treaty,
which might
constitute an
infringement of
the rights of
industrial
property or
rights of
literary and
artistic
property, either
existing at any
time during the
war or revived
under the
provisions of
Articles 242 and
243.
Equally, no
action for
infringement of
industrial,
literary or
artistic
property rights
by such persons
shall at any
time be
permissible in
respect of the
sale or offering
for sale for a
period of one
year after the
signature of the
present Treaty
in the
territories of
the Allied or
Associated
Powers on the
one hand or
Hungary on the
other, of
products or
articles
manufactured, or
of literary or
artistic works
published,
during the
period between
the existence of
a state of war
and the
signature of the
present Treaty,
or against those
who have
acquired and
continue to use
them. It is
understood,
nevertheless,
that this
provision shall
not apply when
the possessor of
the rights was
domiciled or had
an industrial or
commercial
establishment in
the districts
occupied by the
Austro-Hungarian
armies during
the war.
This Article
shall not apply
as between the
United States of
America on the
one hand and
Hungary on the
other.
ARTICLE 245.
Licences in
respect of
industrial,
literary or
artistic
property
concluded before
the war between
nationals of the
Allied or
Associated
Powers or
persons residing
in their
territory or
carrying on
business
therein, on the
one part, and
nationals of the
former Kingdom
of Hungary, on
the other part,
shall be
considered as
cancelled as
from the date of
the existence of
a state of war
between the
former
Austro-Hungarian
Monarchy and the
Allied or
Associated
Power. But, in
any case, the
former
beneficiary of a
contract of this
kind shall have
the right,
within a period
of six months
after the coming
into force of
the present
Treaty, to
demand 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
duly qualified
tribunal in the
country under
whose
legislation the
rights had been
acquired, except
in the case of
licences held in
respect of
rights acquired
under the law of
the former
Kingdom of
Hungary. In such
cases the
conditions shall
be fixed by the
Mixed Arbitral
Tribunal
referred to in
Section VI of
this Part. The
tribunal may, if
necessary, fix
also the amount
which it may
deem just should
be paid by
reason of the
use of the
rights during
the war.
No licence in
respect of
industrial,
literary or
artistic
property,
granted under
the special war
legislation of
any Allied or
Associated
Power, shall be
affected by the
continued
existence of any
licence entered
into before the
war, but shall
remain valid and
of full effect,
and a licence so
granted to the
former
beneficiary of a
licence entered
into before the
war shall be
considered as
substituted for
such licence.
Where sums have
been paid during
the war in
respect of the
rights of
persons referred
to in Article
232 (b) by
virtue of a
licence or
agreement
concluded before
the war in
respect of
rights of
industrial
property or for
the reproduction
or the
representation
of literary,
dramatic or
artistic works,
these sums shall
be dealt with in
the same manner
as other debts
or credits of
such persons as
provided by the
present Treaty.
This Article
shall not apply
as between the
United States of
America on the
one hand and
Hungary on the
other.
SECTION VIII.
SPECIAL
PROVISIONS
RELATING TO
TRANSFERRED
TERRITORY.
ARTICLE 246.
Of the
individuals and
juridical
persons
previously
nationals of the
former Kingdom
of Hungary,
including
Bosnia-Herzegovinians,
those who
acquire ipso
facto under the
present Treaty
the nationality
of an Allied or
Associated Power
are designated
in the
provisions which
follow by the
expression
"nationals of
the former
Kingdom of
Hungary-" the
remainder are
designated by
the expression
"Hungarian
nationals."
ARTICLE 247
The inhabitants
of territories
transferred by
virtue of the
present Treaty
shall,
notwithstanding
this transfer
and the change
of nationality
consequent
thereon,
continue to
enjoy in Hungary
all the rights
in industrial,
literary and
artistic
property to
which they were
entitled under
the legislation
in force at the
time of the
transfer.
ARTICLE 248.
The questions
concerning the
nationals of the
former Kingdom
of Hungary, as
well as
Hungarian
nationals, their
rights,
privileges and
property, which
are not dealt
with in the
present Treaty,
or in the Treaty
prepared for the
purpose of
regulating
certain
immediate
relations
between the
States to which
territory of the
former
Austro-Hungarian
Monarchy has
been
transferred, or
arising from the
dismemberment of
that Monarchy,
shall form the
subject of
special
conventions
between the
States
concerned,
including
Hungary; such
conventions
shall not in any
way conflict
with the
provisions of
the present
Treaty.
For this purpose
it is agreed
that within
three months
from the coming
into force of
the present
Treaty a
Conference of
delegates of the
States in
question shall
take place.
ARTICLE 249.
The Hungarian
Government shall
without delay
restore to
nationals of the
former Kingdom
of Hungary their
property, rights
and interests
situated in
Hungarian
territory. The
amount of taxes
and imposts on
capital which
have been levied
or increased on
the property,
rights and
interests of
nationals of the
former Kingdom
of Hungary since
November 3,
1918, or which
shall be levied
or increased
until
restitution in
accordance with
the provisions
of the present
Treaty, or, in
the case of
property, rights
and interests
which have not
been subjected
to exceptional
measures of war,
until three
months from the
coming into
force of the
present Treaty,
shall be
returned to the
owners.
The property,
rights and
interests
restored shall
not be subject
to any tax
levied in
respect of any
other property
or any other
business owned
by the same
person after
such property
had been removed
from Hungary or
such business
had ceased to be
carried on
therein.
If taxes of any
kind have been
paid in
anticipation in
respect of
property, rights
and interests
removed from
Hungary, the
proportion of
such taxes paid
for any period
subsequent to
the removal of
the property,
rights and
interests in
question shall
be returned to
the owners. Cash
assets shall be
paid in the
currency and at
the rate of
exchange
provided for the
case of debts
under Articles
231 (d) and 254.
Legacies,
donations and
funds given or
established in
the former
Kingdom of
Hungary for the
benefit of
nationals of
that Kingdom
shall be placed
by Hungary, so
far as the funds
in question are
in her
territory, at
the disposition
of the Allied or
Associated Power
of which the
persons in
question are
now, or become,
under the
provisions of
the present
Treaty, or of
any Treaties
concluded for
the purpose of
completing the
present
settlement,
nationals, in
the condition in
which these
funds were on
July 28, 1914,
taking account
of payments
properly made
for the purpose
of the trust.
Where under the
terms of family
trusts which
continue to be
administered by
the Hungarian
State the rights
of the
beneficiaries
are subject to
their retaining
Hungarian
nationality, the
presumptive
beneficiaries
will retain
their right to
pensions,
expenses of
education,
dowries and
similar
privileges, even
if they acquire
now or
subsequently,
under the
present Treaty
or any Treaties
concluded for
the purpose of
completing the
present
settlement, the
nationality of
one of the
States to which
territory of the
former Kingdom
of Hungary is
transferred by
the said
Treaties. Where
in consequence
of the
extinction of a
family in whose
favour such a
trust had been
constituted the
funds would
revert to the
Hungarian State
or to an
institution of
that State, such
right of
succession will
pass to the
State to which
the last
beneficiary
belonged.
ARTICLE 250.
Notwithstanding
the provisions
of Article 232
and the Annex to
Section IV the
property, rights
and interests of
Hungarian
nationals or
companies
controlled by
them situated in
the territories
which formed
part of the
former
Austro-Hungarian
Monarchy shall
not be subject
to retention or
liquidation in
accordance with
these
provisions.
Such property,
rights and
interests shall
be restored to
their owners
freed from any
measure of this
kind, or from
any other
measure of
transfer,
compulsory
administration
or
sequestration,
taken since
November 3,
1918, until the
coming into
force of the
present Treaty,
in the condition
in which they
were before the
application of
the measures in
question.
Claims made by
Hungarian
nationals under
this Article
shall be
submitted to the
Mixed Arbitral
Tribunal
provided for by
Article 239.
The property,
rights and
interests here
referred to do
not include
property which
is the subject
of Article 191,
Part IX
(Financial
Clauses).
Nothing in this
Article shall
affect the
provisions laid
down in Part
VIII
(Reparation)
Section I, Annex
III as to
property of
Hungarian
nationals in
ships and boats.
ARTICLE 251.
All contracts
for the sale of
goods for
delivery by sea
concluded before
January 1, 1917,
between
nationals of the
former Kingdom
of Hungary of
the one part and
the
administrations
of the former
Austro-Hungarian
Monarchy,
Hungary, or
Bosnia-Herzegovina,
or Hungarian
nationals of the
other part shall
be annulled,
except in
respect of any
debt or other
pecuniary
obligation
arising out of
any act done or
money paid
thereunder. All
other contracts
between such
parties which
were made before
November 1,
1918, and were
in force at that
date shall be
maintained.
ARTICLE 252.
With regard to
prescriptions,
limitations and
forfeitures in
the transferred
territories, the
provisions of
Articles 235 and
236 shall be
applied with
substitution for
the expression
"outbreak of
wart of the
expression
"date, which
shall be fixed
by
administrative
decision of each
Allied or
Associated
Power, at which
relations
between the
parties became
impossible in
fact or in law,"
and for the
expression
"duration of the
war" of the
expression
"period between
the date above
indicated and
that of the
coming into
force of the
present Treaty."
ARTICLE 253.
Hungary
undertakes not
to impede in any
way the transfer
of property,
rights or
interests
belonging to a
company
incorporated in
accordance with
the laws of the
former
Austro-Hungarian
Monarchy, in
which Allied or
Associated
nationals are
interested, to a
company
incorporated in
accordance with
the laws of any
other Power, to
facilitate all
measures
necessary for
giving effect to
such transfer,
and to render
any assistance
which may be
required for
effecting the
restoration to
Allied or
Associated
nationals, or to
companies in
which they are
interested, of
their property,
rights or
interests
whether in
Hungary or in
transferred
territory.
ARTICLE 254.
Section III,
except Article
231 (d), shall
not apply to
debts contracted
between
Hungarian
nationals and
nationals of the
former Kingdom
of Hungary.
Subject to the
special
provisions laid
down in Article
231 (d) for the
case of the new
States, these
debts shall be
paid in the
legal currency
at the time of
payment of the
State of which
the national of
the former
Kingdom of
Hungary has
become a
national, and
the rate of
exchange
applicable shall
be the average
rate quoted on
the Geneva
Exchange during
the two months
preceding
November 1,
1918.
ARTICLE 255.
Insurance
companies whose
principal place
of business was
in territory
which previously
formed part of
the former
Austro-Hungarian
Monarchy shall
have the right
to carry on
their business
in Hungarian
territory for a
period of ten
years from the
coming into
force of the
present Treaty,
without the
rights which
they previously
enjoyed being
affected in any
way by the
change of
nationality.
During the above
period the
operations of
such companies
shall not be
subjected by
Hungary to any
higher tax or
charge than
shall be imposed
on the
operations of
national
companies. No
measure in
derogation of
their rights of
property shall
be imposed upon
them which is
not equally
applied to the
property rights
or interests of
Hungarian
insurance
companies;
adequate
compensation
shall be paid in
the event of the
application of
any such
measures.
These provisions
shall only apply
so long as
Hungarian
insurance
companies
previously
carrying on
business in the
transferred
territories,
even if their
principal place
of business was
outside such
territories, are
reciprocally
accorded a
similar right to
carry on their
business
therein.
After the period
of ten years
above referred
to, the
provisions of
Article 211 of
the present
Treaty shall
apply in regard
to the Allied
and Associated
companies in
question.
The provisions
of this Article
shall apply
similarly to
cooperative
societies,
provided that
the legal
position of such
societies places
upon their
members
effective
responsibility
for all
operations and
contracts within
the objects of
such societies.
ARTICLE 256.
Special
agreements will
determine the
division of the
property of
associations or
public
corporations
carrying on
their functions
in territory
which is divided
in consequence
of the present
Treaty.
ARTICLE 257.
States to which
territory of the
former
Austro-Hungarian
Monarchy is
transferred, and
States arising
from the
dismemberment of
that Monarchy,
shall recognise
and give effect
to rights of
industrial,
literary and
artistic
property in
force in the
territory at the
time when it
passes to the
State in
question, or
re-established
or restored in
accordance with
the provisions
of Article 241
of the present
Treaty. These
rights shall
remain in force
in that
territory for
the same period
as that for
which they would
have remained in
force under the
law of the
former
Austro-Hungarian
Monarchy.
A special
convention shall
determine all
questions
relative to the
records,
registers and
copies in
connection with
the protection
of industrial,
literary or
artistic
property, and
fix their
eventual
transmission or
communication by
the Offices of
the former
Austro-Hungarian
Monarchy to the
Offices of the
States to which
are transferred
territory of the
said Monarchy
and to the Of
fices of new
States.
ARTICLE 258.
Without
prejudice to
other provisions
of the present
Treaty, the
Hungarian
Government
undertakes so
far as it is
concerned to
hand over to any
Power to which
territory of the
former
Austro-Hungarian
Monarchy is
transferred, or
which arises
from the
dismemberment of
that Monarchy,
such portion of
the reserves
accumulated by
the Governments
or the
administrations
of the former
Austro-Hungarian
Monarchy, or by
public or
private
organisations
under their
control, as is
attributable to
the carrying on
of Social or
State Insurance
in such
territory The
Powers to which
these funds are
handed over must
apply them to
the performance
of the
obligations
arising from
such insurance.
The conditions
of the delivery
will be
determined by
special
conventions to
be concluded
between the
Hungarian
Government and
the Governments
concerned.
In case these
special
conventions are
not concluded in
accordance with
the above
paragraph within
three months
after the coming
into force of
the present
Treaty, the
conditions of
transfer shall
in each case be
referred to a
Commission of
five members one
of whom shall be
appointed by the
Hungarian
Government, one
by the other
interested
Government and
three by the
Governing Body
of the
International
Labour Office
from the
nationals of
other States.
This Commission
shall by
majority vote
within three
months after
appointment
adopt
recommendations
for submission
to the Council
of the League of
Nations, and the
decisions of the
Council shall
forthwith be
accepted as
final by Hungary
and the other
Government
concerned.
ARTICLE 259.
The provisions
of the present
Section
referring to the
relations
between Hungary
or Hungarian
nationals and
the nationals of
the former
Kingdom of
Hungary apply to
relations of the
same nature
between Hungary
or Hungarian
nationals and
the nationals of
the former
Austrian Empire
referred to in
Article 236 of
the Treaty of
Peace with
Austria.
Reciprocally,
the provisions
of Section VIII
of Part X of the
said Treaty
referring to the
relations
between Austria
or Austrian
nationals and
the nationals of
the former
Austrian Empire
apply to
relations of the
same nature
between Austria
or Austrian
nationals and
the nationals of
the former
Kingdom of
Hungary referred
to in Article
246 of the
present Treaty.
PART XI.
AERIAL
NAVIGATION.
ARTICLE 260.
The aircraft of
the Allied and
Associated
Powers shall
have the liberty
of passage and
landing over and
in the territory
of Hungary, and
shall enjoy the
same privileges
as Hungarian
aircraft,
particularly in
case of
distress.
ARTICLE 261.
The aircraft of
the Allied and
Associated
Powers shall,
while in transit
to any foreign
country
whatever, enjoy
the right of
flying over the
territory of
Hungary without
landing, subject
always to any
regulations
which may be
made by Hungary,
and which shall
be applicable
equally to the
aircraft of
Hungary and to
those of the
Allied and
Associated
countries.
ARTICLE 262.
All aerodromes
in Hungary open
to national
public traffic
shall be open
for the aircraft
of the Allied
and Associated
Powers, and in
any such
aerodrome such
aircraft shall
be treated on a
footing of
equality with
Hungarian
aircraft as
regards charges
of every
description,
including
charges for
landing and
accommodation.
ARTICLE 263.
Subject to the
present
provisions, the
rights of
passage, transit
and landing
provided for in
Articles 260,
261 and 262 are
subject to the
observance of
such regulations
as Hungary may
consider it
necessary to
enact, but such
regulations
shall be applied
without
distinction to
Hungarian
aircraft and to
those of the
Allied and
Associated
countries.
ARTICLE 264.
Certificates of
nationality,
airworthiness,
or competency
and licences,
issued or
recognised as
valid by any of
the Allied or
Associated
Powers, shall be
recognised in
Hungary as valid
and as
equivalent to
the certificates
and licences
issued by
Hungary.
ARTICLE 265.
As regards
internal
commercial air
traffic, the
aircraft of the
Allied and
Associated
Powers shall
enjoy in Hungary
most favoured
nation
treatment.
ARTICLE 266.
Hungary
undertakes to
enforce the
necessary
measures to
ensure that all
Hungarian
aircraft fiying
over her
territory shall
comply with the
Rules as to
lights and
signals, Rules
of the Air and
Rules for Air
Traffic on and
in the
neighbourhood of
aerodromes,
which have been
laid down in the
Convention
relative to
Aerial
Navigation
concluded
between the
Allied and
Associated
Powers.
ARTICLE 267.
The obligations
imposed by the
preceding
provisions shall
remain in force
until January 1,
1923, unless
before that date
Hungary shall
have been
admitted into
the League of
Nations or shall
have been
authorised by
consent of the
Allied and
Associated
Powers to adhere
to the
Convention
relative to
Aerial
Navigation
concluded
between those
Powers.
PART XII.
PORTS, WATERWAYS
AND RAILWAYS
SECTION I.
GENERAL
PROVISIONS.
ARTICLE 268.
Hungary
undertakes to
grant freedom of
transit through
her territories
on the routes
most convenient
for
international
transit, either
by rail,
navigable
waterway or
canal, to
persons, goods,
vessels,
carriages,
wagons and mails
coming from or
going to the
territories of
any of the
Allied and
Associated
Powers, whether
contiguous or
not.
Such persons,
goods, vessels,
carriages,
wagons and mails
shall not be
subjected to any
transit duty or
to any undue
delays or
restrictions,
and shall be
entitled in
Hungary to
national
treatment as
regards charges,
facilities and
all other
matters.
Goods in transit
shall be exempt
from all customs
or other similar
duties.
All charges
imposed on
transport in
transit shall be
reasonable,
having regard to
the conditions
of the traffic.
No charge,
facility or
restriction
shall depend
directly or
indirectly on
the ownership or
on the
nationality of
the ship or
other means of
transport on
which any part
of the through
journey has
been, or is to
be,
accomplished.
ARTICLE 269.
Hungary
undertakes
neither to
impose nor to
maintain any
control over
transmigration
traffic through
her territories
beyond measures
necessary to
ensure that
passengers are
bona fide in
transit; nor to
allow any
shipping company
or any other
private body,
corporation or
person
interested in
the traffic to
take any part
whatever in, or
to exercise any
direct or
indirect
influence over,
any
administrative
service that may
be necessary for
this purpose.
ARTICLE 270.
Hungary
undertakes to
make no
discrimination
or preference,
direct or
indirect, in the
duties, charges
and prohibitions
relating to
importations
into or
exportations
from her
territories, or,
subject to the
special
engagements
contained in the
present Treaty,
in the charges
and conditions
of transport of
goods or persons
entering or
leaving her
territories,
based on the
frontier
crossed; or on
the kind,
ownership or
flag of the
means of
transport
(including
aircraft)
employed; or on
the original or
immediate place
of departure of
the vessel,
wagon or
aircraft, or
other means of
transport
employed, or its
ultimate or
intermediate
destination, or
on the route of
or places of
transshipment on
the journey; or
on whether the
goods are
imported or
exported
directly through
a Hungarian port
or indirectly
through a
foreign port; or
on whether the
goods are
imported or
exported by land
or by air.
Hungary
particularly
undertakes not
to establish
against the
ports and
vessels of any
of the Allied
and Associated
Powers any
surtax or any
direct or
indirect bounty
for export or
import by
Hungarian ports
or ships, or by
those of another
Power, for
example by means
of combined
tariffs. She
further
undertakes that
persons or goods
passing through
a port or using
a vessel of any
of the Allied
and Associated
Powers shall not
be subjected to
any formality or
delay whatever
to which such
persons or goods
would not be
subjected if
they passed
through a
Hungarian port
or a port of any
other Power, or
used a Hungarian
vessel or a
vessel of any
other Power.
ARTICLE 271.
All necessary
administrative
and technical
measures shall
be taken to
expedite, as
much as
possible, the
transmission of
goods across the
Hungarian
frontiers and to
ensure their
forwarding and
transport from
such frontiers,
irrespective of
whether such
goods are coming
from or going to
the territories
of the Allied
and Associated
Powers or are in
transit from or
to those
territories,
under the same
material
conditions in
such matters as
rapidity of
carriage and
care en routc as
are enjoyed by
other goods of
the same kind
carried on
Hungarian
territory under
similar
conditions of
transport.
In particular,
the transport of
perishable goods
shall be
promptly and
regularly
carried out, and
the customs
formalities
shall be
effected in such
a way as to
allow the goods
to be carried
straight through
by trains which
make connection.
ARTICLE 272.
The seaports of
the Allied and
Associated
Powers are
entitled to all
favours and to
all reduced
tariffs granted
on Hungarian
railways or
navigable
waterways for
the benefit of
any port of
another Power.
ARTICLE 273.
Hungary may not
refuse to
participate in
the tariffs or
combinations of
tariffs intended
to secure for
ports of any of
the Allied and
Associated
Powers
advantages
similar to those
granted by
Hungary to the
ports of any
other Power.
SECTION II.
NAVIGATION.
CHAPTER I.
FREEDOM OF
NAVIGATION.
ARTICLE 274.
The
nationals of any
of the Allied
and Associated
Powers, as well
as their vessels
and propertyw
shall enjoy in
all Hungarian
ports and on the
inland
navigation
routes of
Hungary the same
treatment in all
respects as
Hungarian
nationals,
vessels and
property.
In particular,
the vessels of
any one of the
Allied or
Associated
Powers shall be
entitled to
transport goods
of any
description, and
passengers, to
or from any
ports or places
in Hungarian
territory to
which Hungarian
vessels may have
access, under
conditions which
shall not be
more onerous
than those
applied in the
case of national
vessels; they
shall be treated
on a footing of
equality with
national vessels
as regards port
and harbour
facilities and
charges of every
description,
including
facilities for
stationing,
loading and
unloading, and
duties and
charges of
tonnage, harbour,
pilotage,
lighthouse,
quarantine, and
all analogous
duties and
charges of
whatsoever
nature, levied
in the name of
or for the
profit of the
Governrnent,
public
functionaries,
private
individuals,
corporations or
establishments
of any kind.
In the event of
Hungary granting
a preferential
regime to any of
the Allied or
Associated
Powers or to any
other foreign
Power, this
regime shall be
extended
immediately and
unconditionally
to all the
Allied and
Associated
Powers.
There shall be
no impediment to
the movement of
persons or
vessels other
than those
arising from
prescriptions
concerning
customs, police,
sanitation,
emigration and
immigration, and
those relating
to the import
and export of
prohibited
goods. Such
regulations must
be reasonable
and uniform and
must not impede
traffic
unnecessarily.
CHAPTER II.
CLAUSES RELATING
TO THE DANUBE.
(1) General
Clauses relative
to River Systems
declared
International.
ARTICLE 275.
The following
river is
declared
international:
the Danube from
Ulm; together
with all
navigable parts
of this river
system which
naturally
provide more
than one State
with access to
the sea, with or
without
transhipment
from one vessel
to another, as
well as lateral
canals and
channels
constructed
either to
duplicate or to
improve
naturally
navigable
sections of the
specified river
system or to
connect two
naturally
navigable
sections of the
same river.
Any part of the
above-mentioned
river system
which is not
included in the
general
definition may
be declared
international by
an agreement
between the
riparian States.
ARTICLE 276.
On the waterways
declared to be
international in
the preceding
Article, the
nationals,
property and
flags of all
Powers shall be
treated on a
footing of
perfect
equality, no
distinction
being made to
the detriment of
the nationals,
property or flag
of any Power,
between them and
the nationals,
property or flag
of the riparian
State itself or
of the most
favoured nation.
ARTICLE 277.
Hungarian
vessels shall
not be entitled
to carry
passengers or
goods by regular
services between
the ports of any
Allied or
Associated Power
without special
authority from
such Power.
ARTICLE 278.
Where such
charges are not
precluded by any
existing
convention,
charges varying
on different
sections of a
river may be
levied on
vessels using
the navigable
channels or
their
approaches,
provided that
they are
intended solely
to cover
equitably the
cost of
maintaining in a
navigable
condition, or of
improving, the
river and its
approaches, or
to meet
expenditure
incurred in the
interests of
navigation. The
schedule of such
charges shall be
calculated on
the basis of
such expenditure
and shall be
posted up in the
ports. These
charges shall be
levied in such a
manner as to
render any
detailed
examination of
cargoes
unnecessary,
except in cases
of suspected
fraud or
contravention.
ARTICLE 279.
The transit of
vessels,
passengers and
goods on these
waterways shall
be effected in
accordance with
the general
conditions
prescribed for
transit in
Section I above.
When the two
banks of an
international
river are within
the same State
goods in transit
may be placed
under seal or in
the custody of
customs agents.
When the river
forms a frontier
goods and
passengers in
transit shall be
exempt from all
customs
formalities; the
loading and
unloading of
goods, and the
embarkation and
disembarkation
of passengers,
shall only take
place in the
ports specified
by the riparian
State.
ARTICLE 280.
No dues of any
kind other than
those provided
for in this Part
shall be levied
along the course
or at the mouth
of these
waterways.
This provision
shall not
prevent the
fixing by the
riparian States
of customs,
local octroi or
consumption
duties, or the
creation of
reasonable and
uniform charges
levied in the
ports, in
accordance with
public tariffs,
for the use of
cranes,
elevators,
quays,
warehouses and
other similar
constructions.
ARTICLE 281.
In default of
any special
organisation for
carrying out the
works connected
with the upkeep
and improvement
of the
international
portion of a
navigable
system, each
riparian State
shall be bound
to take the
necessary
measures to
remove any
obstacle or
danger to
navigation and
to ensure the
maintenance of
good conditions
of navigation.
If a State
neglects to
comply with this
obligation any
riparian State,
or any State
represented on
the
International
Commission, may
appeal to the
tribunal
instituted for
this purpose by
the League of
Nations.
ARTICLE 282.
The same
procedure shall
be followed in
the case of a
riparian State
undertaking any
works of a
nature to impede
navigation in
the
international
section. The
tribunal
mentioned in the
preceding
Article shall be
entitled to
enforce the
suspension or
suppression of
such works,
making due
allowance in its
decisions for
all rights in
connection with
irrigation,
water-power,
fisheries and
other national
interests,
which, with the
consent of all
the riparian
States or of all
the States
represented on
the
International
Commission,
shall be given
priority over
the requirements
of navigation.
Appeal to the
tribunal of the
League of
Nations does not
require the
suspension of
the works.
ARTICLE 283.
The regime set
out in Articles
276 and 278 to
282 above shall
be superseded by
one to be laid
down in a
General
Convention drawn
up by the Allied
and Associated
Powers, and
approved by the
League of
Nations,
relating to the
waterways
recognised in
such Convention
as having an
international
character. This
Convention shall
apply in
particular to
the whole or
part of the
abovementioned
river system of
the Danube, and
such other parts
of that river
system as may be
covered by a
general
definition
Hungary
undertakes, in
accordance with
the provisions
of Article 314,
to adhere to the
said General
Convention.
ARTICLE 284
Hungary shall
cede to the
Allied and
Associated
Powers
concerned,
within a maximum
period of three
months from the
date on which
notification
shall be given
her, a
proportion of
the tugs and
vessels
remaining
registered in
the ports of the
river system
referred to in
Article 275
after the
deduction of
those
surrendered by
way of
restitution or
reparation.
Hungary shall in
the same way
cede material of
all kinds
necessary to the
Allied and
Associated
Powers concerned
for the
utilisation of
that river
system.
The number of
the tugs and
vessels and the
amount of the
material so
ceded, and their
distribution,
shall be
determined by an
arbitrator or
arbitrators
nominated by the
United States of
America, due
regard being had
to the
legitimate needs
of the parties
concerned, and
particularly to
the shipping
traffic during
the five years
preceding the
war.
All craft so
ceded shall be
provided with
their fittings
and gear, shall
be in a good
state of repair
and in condition
to carry goods,
and shall be
selected from
among those most
recently built.
Wherever the
cessions made
under the
present Article
involve a change
of ownership,
the arbitrator
or arbitrators
shall determine
the rights of
the former
owners as they
stood on October
15, 1918, and
the amount of
the compensation
to be paid to
them, and shall
also direct the
manner in which
such payment is
to be effected
in each case. If
the arbitrator
or arbitrators
find that the
whole or part of
this sum will
revert directly
or indirectly to
States from whom
reparation is
due, they shall
decide the sum
to be placed
under this head
to the credit of
the said States.
As regards the
Danube the
arbitrator or
arbitrators
referred to in
this Article
will also decide
all questions as
to the permanent
allocation and
the conditions
thereof of the
vessels whose
ownership or
nationality is
in dispute
between States.
Pending final
allocation the
control of these
vessels shall be
vested in a
Commission
consisting of
representatives
of the United
States of
America, the
British Empire,
France and
Italy, who will
be empowered to
make provisional
arrangements for
the working of
these vessels in
the general
interest by any
local
organisation, or
failing such
arrangements by
themselves,
without
prejudice to the
final
allocation.
As far as
possible these
provisional
arrangements
will be OD a
commercial
basis, the net
receipts by the
Commission for
the hire of
these vessels
being disposed
of as directed
by the
Reparation
Commission.
(2) Special
Clauses relating
to The Danube.
ARTICLE 285.
The European
Commission of
the Danube
reassumes the
powers it
possessed before
the war.
Nevertheless, as
a provisional
measure, only
representatives
of Great
Britain, France,
Italy and
Roumania shall
constitute this
Commission.
ARTICLE 286.
From the point
where the
competence of
the European
Commission
ceases, the
Danube system
referred to in
Article 275
shall be placed
under the
administration
of an
International
Commission
composed as
follows:
2
representatives
of German
riparian States;
1 representative
of each other
riparian State;
1 representative
of each
non-riparian
State
represented in
the future on
the European
Commission of
the Danube.
If certain of
these
representatives
cannot be
appointed at the
time of the
coming into
force of the
present Treaty,
the decisions of
the Commission
shall
nevertheless be
valid.
ARTICLE 287.
The
International
Commission
provided for in
the preceding
Article shall
meet as soon as
possible after
the coming into
force of the
present Treaty,
and shall
undertake
provisionally
the
administration
of the river in
conformity with
the provisions
of Articles 276
and 278 to 282,
until such time
as a definitive
statute
regarding the
Danube is
concluded by the
Powers nominated
by the Allied
and Associated
Powers.
The decisions of
this
International
Commission shall
be taken by a
majority vote.
The salaries of
the
Commissioners
shall be fixed
and paid by
their respective
countries.
As a provisional
measure, any
deficit in the
administrative
expenses of this
International
Commission shall
be borne equally
by the States
represented on
the Commission.
In particular
this Commission
shall regulate
the licencing of
pilots, charges
for pilotage and
the
administration
of the pilot
service.
ARTICLE 288.
Hungary agrees
to accept the
regime which
shall be laid
down for the
Danube by a
Conference of
the Powers
nominated by the
Allied and
Associated
Powers, which
shall meet
within one year
after the coming
into force of
the present
Treaty, and at
which Hungarian
representatives
may be present.
Until such time
as a definite
statute
regarding the
Danube is
concluded, the
International
Commission
provided for in
Article 286
shall have
provisionally
under its
control the
equipment,
buildings and
installations
used for
carrying out and
maintaining
works on the
section of the
Danube between
Turnu-Severin
and Moldava. The
final allocation
of the
equipment,
buildings and
installations
shall be
determined by
the Conference
provided for in
the preceding
paragraph.
Hungary
renounces all
interest in and
all control over
the said
equipment,
buildings and
installations.
ARTICLE 289.
The mandate
given by Article
57 of the Treaty
of Berlin of
July 13, 1878,
to
Austria-Hungary,
and transferred
by her to
Hungary, to
carry out works
at the Iron
Gates, is
abrogated. The
Commission
entrusted with
the
administration
of this part of
the river shall
lay down
provisions for
the settlement
of accounts
subject to the
financial
provisions of
the present
Treaty. Charges
which may be
necessary shall
in no case be
levied by
Hungary.
ARTICLE 290.
Should the
Czecho-Slovak
State, the
Serb-Croat-Slovene
State or
Roumania, with
the
authorisation of
or under mandate
from the
International
Commission,
undertake
maintenance,
improvement,
weir, or other
works on a part
of the river
system -which
forms a
frontier, these
States shall
enjoy on the
opposite bank,
and also on the
part of the bed
which is outside
their territory,
all necessary
facilities for
the survey,
execution and
maintenance of
such works.
ARTICLE 291.
Hlmgary shall be
obliged to make
to the European
Commission of
the Danube all
restitutions,
reparations and
indemnities for
damages
inflicted on the
Commission
during the war.
CHAPTER III.
HYDRAULIC
SYSTEM.
ARTICLE 292.
In default of
any provisions
to the contrary,
when as the
result of the
fixing of a new
frontier the
hydraulic system
(canalisation,
inundations,
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.
Unless otherwise
provided, when
use is made for
municipal or
domestic
purposes in one
State of
electricity or
water, the
source of which
as the result of
the fixing of a
new frontier 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.
Pending an
agreement,
central electric
stations and
waterworks shall
be required to
continue the
supply up to an
amount
corresponding to
the undertakings
and contracts in
force on
November 3,
1918.
Failing an
agreement in the
case of either
of the above
paragraphs, and
subject to the
provisions of
Article 293, the
matter shall be
regulated by an
arbitrator
appointed by the
Council of the
League of
Nations.
ARTICLE 293.
In view of the
application of
Article 292 to
the territories
of the former
Kingdom of
Hungary forming
the Basin of the
Danube,
excluding the
Basin of the Olt,
as well as for
the exercise of
the powers
provided for
below, there
shall be set up,
in the common
interest of the
States
possessing
sovereignty over
the territories
in question, a
permanent
technical
Hydraulic System
Commission,
composed of one
representative
of each of the
States
territorially
concerned and a
Chairman
appointed by the
Council of the
League of
Nations.
This Commission
shall bring
about the
conclusion, and
supervise and,
in urgent cases,
ensure the
carrying out, of
the agreements
provided for in
Article 292; it
shall maintain
and improve,
particularly as
regards
deforestation
and
afforestation,
the uniform
character of the
hydraulic
system, as well
as of the
services
connected
therewith, such
as the
hydrometric
service and the
service of
information as
to the rising of
the waters. It
shall also study
questions
relating to
navigation,
excepting those
falling within
the competence
of the
Commission for
regulating the
navigation of
the Upper
Danube, which it
shall refer to
the said
Commission, and
it shall give
special
consideration to
fishery
interests. The
Commission shall
in addition
undertake all
works or schemes
and shall
establish all
services with
which it may be
charged by the
unanimous
consent of the
interested
States.
The Hydraulic
System
Commission shall
meet within
three months
from the coming
into force of
the present
Treaty; it shall
draw up a
regulation as to
its functions
and procedure,
which will be
subject to
approval by the
States
concerned.
Any disputes
which may arise
out of the
matters dealt
with in this
Article shall be
settled as
provided by the
League of
Nations.
SECTION III.
RAILWAYS.
CIIAPTER I.
FREEDOM OF
TRANSIT TO THE
ADRIATIC FOR
HUNGARY.
ARTICLE 294.
Free access to
the Adriatic Sea
is accorded to
Hungary, who
with this object
will enjoy
freedom of
transit over the
territories and
in the ports
severed from the
former
Austro-Hungarian
Monarchy.
Freedom of
transit is the
freedom defined
in Article 268
until such time
as a General
Convention on
the subject
shall have been
concluded
between the
Allied and
Associated
Powers,
whereupon the
dispositions of
the new
Convention shall
be substituted
therefor.
Special
conventions
between the
States or
Administrations
concerned will
lay down the
conditions of
the exercise of
the right
accorded above,
and will settle
in particular
the method of
using the ports
and the free
zones existing
in them, and the
railways
ordinarily
giving access
thereto, the
establishment of
international
(joint) ervices
and tariffs,
including
through tickets
and way bills,
and the
maintenance of
the Convention
of Berne of
October 14,
I890, and its
supplementary
provisions until
its replacement
by a new
Convention.
Freedom of
transit will
extend to
postal,
telegraphic and
telephonic
services.
CHAPTER II.
CLAUSES RELATING
TO INTERNATIONAL
TRANSPORT.
ARTICLE 295.
Goods coming
from the
territories of
the Allied and
Associated
Powers and going
to Hungary, or
in transit
through Hungary
from or to the
territories of
the Allied and
Associated
Powers, shall
enjoy on the
Hungarian
railways as
regards charges
to be collected
(rebates and
drawbacks being
taken into
account),
facilities, and
all other
matters, the
most favourable
treatment
applied to goods
of the same kind
carried on any
Hungarian lines,
either in
internal
traffic, or for
exports import
or in transit,
under similar
conditions of
transport, for
example as
regards length
of route. The
same rule shall
be applied, on
the request of
one or more of
the Allied and
Associated
Powers, to goods
specially
designated by
such Power or
Powers coming
from Hungary and
going to their
territories.
International
tariffs
established in
accordance with
the rates
referred to in
the preceding
paragraph and
involving
through way
bills shall be
established when
one of the
Allied and
Associated
Powers shall
require it from
Hungary.
However, without
prejudice to the
provisions of
Articles 272 and
273, Hungary
undertakes to
maintain on her
own lines the
regime of
tariffs existing
before the war
as regards
traffic to
Adriatic and
Black Sea ports,
from the point
of view of
competition with
North German
ports.
ARTICLE 296.
From the coming
into force of
the present
Treaty the High
Contracting
Parties shall
renew, in so far
as concerns them
and under the
reserves
indicated in the
second paragraph
of the present
Article, the
Conventions and
Arrangements
signed at Berne
on October 14,
1890, September
20, I893, July
16, I895, June
16, 1898, and
September 19,
I906, regarding
the
transportation
of goods by
rail.
If within five
years from the
date of the
coming into
force of the
present Treaty a
new Convention
for the
transportation
of passengers,
luggage and
goods by rail
shall have been
concluded to
replace the
Berne Convention
of October 14,
1890, and the
subsequent
additions
referred to
above, this new
Convention and
the
supplementary
provisions for
international
transport by
rail which may
be based on it
shall bind
Hungary, even if
she shall have
refused to take
part in the
preparation of
the Convention
or to subscribe
to it. Until a
new Convention
shall have been
concluded,
Hungary shall
conform to the
provisions of
the Berne
Convention and
the subsequent
additions
referred to
above and to the
current
supplementary
provisions.
ARTICLE 297.
Hungary shall be
bound to
co-operate in
the
establishment of
through ticket
services (for
passengers and
their luggage)
which shall be
required by any
of the Allied
and Associated
Powers to ensure
their
communication by
rail with each
other and with
all other
countries by
transit across
the territories
of Hungary; in
particular
Hungary shall,
for this
purpose, accept
trains and
carriages coming
from the
territories of
the Allied and
Associated
Powers and shall
forward them
with a speed at
least equal to
that of her best
long-distance
trains orl the
same lines. The
rates applicable
to such through
services shall
not in any case
be higher than
the rates
collected on
Hungarian
internal
services for the
same distance,
under the same
conditions of
speed and
comfort. The
tariffs
applicable under
the same
conditions of
speed and
comfort to the
transportation
of emigrants
going to or
coming from
ports of the
Allied and
Associated
Powers and using
the Hungarian
railways shall
not be at a
higher
kilometric rate
than the most
favourable
tariffs
(drawbacks and
rebates being
taken into
account) enjoyed
on the said
railways by
emigrants going
to or coming
from any other
ports.
ARTICLE 298.
Hungary shall
not apply
specially to
such through
services, or to
the
transportation
of emigrants
going to or
coming from
ports of the
Allied and
Associated
Powers, any
technical,
fiscal or
administrative
measures, such
as measures of
customs
examination,
general police,
sanitary police,
and control, the
result of which
would be to
impede or delay
such services.
ARTICLE 299.
In case of
transport partly
by rail and
partly by
internal
navigation, with
or without
through way
bill, the
preceding
Articles shall
apply to the
part of the
journey
performed by
rail.
CHAPTER III.
ROLLING STOCK.
ARTICLE 300.
Hungary
undertakes that
Hungarian wagons
shall be fitted
with apparatus
allowing:
(I) Of their
inclusion in
goods trains on
the linesof such
of the Allied
and Associated
Powers as are
parties to the
Berne Convention
of May 15, 1886,
as modified on
May 18, 1907,
without
hampering the
action of the
continuous brake
which may be
adopted in such
countries within
ten years of the
coming into
force of the
present Treaty,
and
(2) Of the
inclusion of
wagons of such
countries in all
goods trains on
Hungarian lines.
The rolling
stock of the
Allied and
Associated
Powers shall
enjoy on the
Hungarian lines
the same
treatment as
Hungarian
rolling stock as
regards
movement, upkeep
and repairs.
CHAPTER IV.
TRANSFERS OF
RAILWAY LINES.
ARTICLE 30I.
Subject to any
special
provisions
concerning the
transfer of
ports, waterways
and railways
situated in the
territories
transferred
under the
present Treaty,
and to the
financial
conditions
relating to the
concessionaires
and the
pensioning of
the personnel,
the transfer of
railways will
take place under
the following
conditions:
(I) The works
and
installations of
all the
railroads shall
be handed over
complete and in
good condition.
(2) When a
railway system
possessing its
own rolling
stock is handed
over in its
entirety by
Hungary to one
of the Allied
and Associated
Powers, such
stock shall be
handed over
complete, in
accordance with
the last
inventory before
November 3,
1918, and in a
normal state of
upkeep.
(3) As regards
lines without
any special
rolling stock,
the distribution
of the stock
existing on the
system to which
these lines
belong shall be
made by
Commissions of
experts
designated by
the Allied and
Associated
Powers, on which
Hungary shall be
represented.
These
Commissions
shall have
regard to the
amount of the
material
registered on
these lines in
the last
inventory before
November 3,
I918, to the
length of track
(sidings
included), and
the nature and
amount of the
traftic. These
Commissions
shall also
specify the
locomotives,
carriages and
wagons to be
handed over in
each case; they
shall decide
upon the
conditions of
their
acceptance, and
shall make the
provisional
arrangements
necessary to
ensure their
repair in
Hungarian
workshops.
(4) Stocks of
stores, fittings
and plant shall
be handed over
under the same
conditions as
the rolling
stock.
The provisions
of paragraphs 3
and 4 above
shall be applied
to the lines of
former Russian
Poland converted
by the
AustroHungarian
authorities to
the normal
gauge, such
lines being
regarded as
detached from
the Austrian and
Hungarian State
systems.
CHAPTER V.
PROVISIONS
RELATING TO
CERTAIN RAILWAY
LINES.
ARTICLE 302.
When, as a
result of the
fixing of new
frontiers, a
railway
connection
between two
parts of the
same country
crosses another
country, or a
branch line from
one country has
its terminus in
another, the
conditions of
working, if not
specifically
provided for in
the present
Treaty, shall be
laid down in a
convention
between the
railway
administrations
concerned. If
the
administrations
cannot come to
an agreement as
to the terms of
such convention,
the points of
difference shall
be decided by
Commissions of
experts composed
as provided in
the preceding
Article.
In particular,
the convention
as to the
working of the
line between
Csata and
Losoncz shall
provide for the
direct passage
in each
direction
through
Hungarian
territory of
Czecho-Slovak
trains with
Czecho-Slovak
traction and
Czecho-Slovak
train crews.
Nevertheless,
unless otherwise
agreed, this
right of passage
shall lapse
either on the
completion of a
direct
connection
wholly in Czecho-Slovak
territory
between Csata
and Losoncz or
at the
expiration of
fifteen years
from the coming
into force of
the present
Treaty,
whichever may
occur first.
Similarly, the
convention as to
the working of
the portion in
Hungarian
territory of the
line from
Nagyszalonta
through
Bekescsaba to
Arad and to
Kisjeno shall
provide for the
direct passage
in each
direction
through
Hungarian
territory of
Roumanian trains
with Roumanian
traction and
Roumanian train
crews. Unless
otherwise agreed
this right of
passage shall
lapse either on
the completion
of a direct
connection
wholly in
Roamanian
territory
between the
Nagyszalonta-Bekescsaba
and the
Kisjeno-Bekescsaba
lines or at the
expiration of
ten years from
the coming into
force of the
present Treaty.
The
establishment of
all the new
frontier
stations between
Hungary and the
contiguous
Allied and
Associated
States, as well
as the working
of the lines
between those
stations, shall
be settled by
agreements
similarly
conduded.
ARTICLE 303.
In order to
assure to the
town and
district of Gola
in
Serb-Croat-Slovene
territory the
use of the
station of Gola
in Hungarian
territory and of
the railway
serving the
same, and in
order to ensure
the free use to
Serb-Croat-Slovene
traffic of
direct railway
connection
between the
Csaktornya-Nagy-Kanisza
line and the
Zagrab-Gyekenyes
line during the
time required
for the
completion of a
direct railway
in
Serb-Croat-Slovene
territory
between the
above lines, the
conditions of
working of the
station of Gola
and of the
railway from
Kotor to Barcz
shall be laid
down in a
convention
between the
Hungarian and
Serb-Croat-Slovene
railway
administrations
concerned. If
these
administrations
cannot come to
an agreement as
to the terms of
such convention,
the points of
difference shall
be decided by
the competent
Commission of
experts referred
to in Article
301 of the
present Treaty.
ARTICLE 304.
With the object
of ensuring
regular
utilization of
the railroads of
the former
Austro-Hungarian
Monarchy owned
by private
companies which,
as a result of
the stipulations
of the present
Treaty, will be
situated in the
territory of
several States,
the
administrative
and technical
re-organisation
of the said
lines shall be
regulated in
each instance by
an agreement
between the
owning company
and the States
territorially
concerned.
Any differences
on which
agreement is not
reached,
including
questions
relating to the
interpretation
of contracts
concerning the
expropriation of
the lines, shall
be submitted to
arbitrators
designated by
the Council of
the League of
Nations.
This arbitration
may, as regards
the South
Austrian Railway
Company, be
required either
by the Board of
Management or by
the Committee
representing the
bondholders.
ARTICLE 305.
Within a period
of five years
from the coming
into force of
the present
Treaty, the
Czecho-Slovak
State may
require the
improvement of
the Bratislava (Pressburg)-Nagy-Kanisza
line on
Hungarian
territory.
The expenses
shall be divided
in proportion to
the advantages
derived by the
interested
States. Failing
agreement, such
division shall
be made by an
arbitrator
appointed by the
League of
Nations.
ARTICLE 306.
In view of the
importance to
the Czecho-Slovak
State of free
communication
between that
State and the
Adriatic,
Hungary
recognises the
right of the
Czecho-Slovak
State to run its
own trains over
the sections
included within
her territory of
the following
lines:
(1) From
Bratislava (Pressburg)
towards Fiume
via Sopron,
Szombathely and
Mura-Kereszturr
and a branch
from Mura-Keresztur
towards
Pragerhof;
(2) From
Bratislava (Pressburg)
towards Fiume
via Hegyeshalon,
Csorna, Hegyfalu,
Zalaber,
Zalaszentivan,
Mura-Keresztur,
and the branch
lines from
Hegyfalu to
Szombathely and
from Mura-Keresztur
to Pragerhof.
On the
application of
either party,
the route to be
followed by the
Czecho-Slovak
trains may be
modified either
permanently or
temporarily by
mutual agreement
between the
Czecho-Slovak
Railway
Administration
and those of the
railways over
which the
running powers
are exercised.
ARTICLE 307.
The trains for
which the
running powers
are used shall
not engage in
local traffic,
except by
agreement
between the
State traversed
and the Czecho-Slovak
State.
Such running
powers will
include, in
particular, the
right to
establish
running sheds
with small shops
for minor
repairs to
locomotives and
rolling stock,
and to appoint
representatives
where necessary
to supervise the
working of
Czecho-Slovak
trains.
The technical,
administrative
and financial
conditions under
which the rights
of the Czecho-Slovak
State shall be
exercised shall
be laid down in
a Convention
between the
railway
administration
of the Czecho-Slovak
State and the
railway
administrations
of the Hungarian
systems
concerned. If
the
administrations
cannot come to
an agreement on
the terms of
this Convention,
the points of
difference shall
be decided by an
arbitrator
nominated by
Great Britain,
and his
decisions shall
be binding on
all parties.
In the event of
disagreement as
to the
interpretation
of the
Convention or of
difficulties
arising
unprovided for
in the
Convention, the
same form of
arbitration will
be adopted until
such time as the
League of
Nations may lay
down some other
procedure.
CHAPTER VI.
TRANSITORY
PROVISION.
ARTICLE 308.
Hungary
shall carry out
the instructions
given her, in
regard to
transport, by an
authorised body
acting on behalf
of the Allied
and Associated
Powers:
(I) For the
carriage of
troops under the
provisions of
the present
Treaty, and of
material,
ammunition and
supplies for
army use;
(2) As a
temporary
measure, for the
transportation
of supplies for
certain regions,
as well as for
the restoration,
as rapidly as
possible, of the
normal
conditions of
transport, and
for the
organisation of
postal and
telegraphic
services.
CHAPTER VII.
TELEGRAPHS AND
TELEPHONES.
ARTICLE 309.
Notwithstanding
any contrary
stipulations in
existing
treaties,
Hungary
undertakes to
grant freedom of
transit for
telegraphic
correspondence
and telephonic
communications
coming from or
going to any one
of the Allied
and Associated
Powers, whether
neighbours or
not, over such
lines as may be
most suitable
for
international
transit and in
accordance with
the tariffs in
force. This
correspondence
and these
communications
shall be
subjected to no
delay or
restriction;
they shall enjoy
in Hungary
national
treatment in
regard to every
kind of facility
and especially
in regard to
rapidity of
transmission. No
payment,
facility or
restriction
shall depend
directly or
indirectly on
the nationality
of the
transmitter or
the addressee.
ARTICLE 310.
In view of the
geographical
situation of the
Czecho-Slovak
State, Hungary
agrees to the
following
modifications in
the
International
Telegraph and
Telephone
Conventions
referred to in
Article 2I8,
Part X (Economic
Clauses), of the
present Treaty:
(I) On the
demand of the
Czecho-Slovak
State, Hungary
shall provide
and maintain
trunk telegraph
lines across
Hungarian
territory.
(2) The annual
rent to be paid
by the Czecho-Slovak
State for each
of such lines
will be
calculated in
accordance with
the provisions
of the
above-mentioned
Conventions, but
unless otherwise
agreed shall not
be less than the
sum which would
be payable under
those
Conventions for
the number of
messages laid
down in those
Conventions as
conferring the
right to demand
a new trunk
line, taking as
a basis the
reduced tariff
provided for in
Article 23,
paragraph 5, of
the
International
Telegraph
Convention as
revised at
Lisbon.
(3) So long as
the Czecho-Slovak
State shall pay
the above
minimum annual
rent of a trunk
line:
(a) The line
shall be
reserved
exclusively for
transit traffic
to and from the
Czecho-Slovak
State;
(b) The faculty
given to Hungary
by Article 8 of
the
International
Telegraph
Convention of
July 22, 1875,
to suspend
international
telegraph
services shall
not apply to
that line.
(4) Similar
provisions will
apply to the
provision and
maintenance of
trunk telephone
circuits, but
the rent payable
by the Czecho-Slovak
State for a
trunk telephone
circuit shall,
unless otherwise
agreed, be
double the rent
payable for a
trunk telegraph
line.
(5) The
particular lines
to be provided,
together with
any necessary
administrative,
technical and
financial
conditions not
provided for in
existing
International
Conventions or
in this Article,
shall be fixed
by a further
convention
between the
States
concerned. In
default of
agreement on
such convention
they will be
fixed by an
arbitrator
appointed by the
Council of the
League of
Nations.
(6) The
stipulations of
the present
Article may be
varied at any
time by
agreement
between Hungary
and the Czecho-Slovak
State. After the
expiration of
ten years from
the coming into
force of the
present Treaty
the conditions
under which the
Czecho-Slovak
State shall
enjoy the rights
conferred by
this Article
may, in default
of agreement by
the parties, be
modified at the
request of
either party by
an arbitrator
designated by
the Council of
the League of
Nations.
(7) In case of
any dispute
between the
parties aE to
the
interpretation
either of this
Article or of
the convention
referred to in
paragraph 5,
this dispute
shall be
submitted for
decision to the
Permanent Court
of International
Justice to be
established by
the League of
Nations.
SECTION IV.
DISPUTES AND
REVISION OF
PERMANENT
CLAUSES.
ARTICLE 3II.
Disputes which
may arise
between
interested
Powers with
regard to the
interpretation
and application
of this Part of
the present
Treaty shall be
settled as
provided by the
League of
Nations.
ARTICLE 312.
At any time the
League of
Nations may
recommend the
revision of such
of the above
Articles as
relate to a
permanent
administrative
regime.
ARTICLE 313.
The stipulations
in Articles 268
to 274, 277,
295, 297 to 299
and 309 shall be
subject to
revision by the
Council of the
League of
Nations at any
time after three
years from the
coming into
force of the
present Treaty.
Failing such
revision, no
Allied or
Associated Power
can claim after
the expiration
of the above
period of three
years the
benefit of any
of the
stipulations in
the Articles
enumerated above
on behalf of any
portion of its
territories in
which
reciprocity is
not accorded in
respect of such
stipulations.
The period of
three years
during which
reciprocity
cannot be
demanded may be
prolonged by the
Council of the
League of
Nations.
The benefit of
the stipulations
mentioned above
cannot be
claimed by
States to which
territory of the
former
Austro-Hungarian
Monarchy has
been
transferred, or
which have
arisen out of
the
dismemberment of
that Monarchy,
except upon the
footing of
giving in the
territory
passing under
their
sovereignty in
virtue of the
present Treaty
reciprocal
treatment to
Hungary.
SECTION V.
SPECIAL
PROVISION.
ARTICLE 314.
Without
prejudice to the
special
obligations
imposed on her
by the present
Treaty for the
benefit of the
Allied and
Associated
Powers, Hungary
undertakes to
adhere to any
General
Conventions
regarding the
international
regime of
transit,
waterways, ports
or railways
which may be
concluded by the
Allied and
Associated
Powers, with the
approval of the
League of
Nations, within
five years of
the coming into
force of the
present Treaty.
