ternal organization which cannot be borne, or, alternatively, she will herself cease to be bound thereby. Looking now at these provisions in some detail, they first provide for freedom of transit of "goods, persons, vessels, carriages, wagons and mails, coming from or going to the territories of any of the Allied and Associated Powers, whether contiguous or not."2 Goods in transit are exempt from customs duties and the transportation charges are to be reasonable and are not to depend in any way on the ownership or nationality of any means of transportation employed (Article 321). Somewhat similar provisions regarding transit to and from free zones in German ports are found in Article 330. Article 322 relates to what is called "transmigration traffic" and is intended to do away with the advantages which were given by Germany before the war to German steamship lines in regard to this emigrant traffic. The remaining provisions of Section 1 (Articles 323 to 326) establish the rule that the commerce to the Allied and Associated Powers into, from, or across Germany is to be accorded the treatment given to German commerce. The various detailed clauses, such as the prohibition of "any direct or indirect bounty for export or import by German ports or vessels," are intended to be sufficiently inclusive to frustrate any invasions of the general principle, the only exception to which is in regard to the prohibition of discrimination in matters of transportation "based on the frontier crossed," which is "subject to the special engagements contained in the present treaty." In this connection reference should be made to the special exceptions regarding Alsace-Lorraine, Poland and Luxemburg, found in Articles 68 and 268, and also to the special provisions as to customs duties, to continue for a period of three years pursuant to Article 269, and to the possibility of a special customs régime in German occupied territory provided for in Article 270. These articles appear 2 The quotation is from the English text. The French text reads as follows: personnes, marchandises, navires, bateaux, wagons et services postaux en provenance ou à destination des territoires de l'une quelcunque des Puissances alliées et associées, limitrophes ou non." in the Supplement to the last number of the JOURNAL, pp. 184, 286288. The stipulations of Articles 264 to 267 are also of importance in connection with the general clauses mentioned, as they relate to importation, exportation and transit in general. These likewise appear in the Supplement for July, 1919, pp. 285, 286. According to the general principles mentioned, the subject of navigation is treated in Article 327. The nationals, vessels and property of the Allied and Associated Powers are to be given the same treatment as that given by Germany to German nationals, German vessels, and German property. The general phraseology is supplemented by particular mention of facilities, charges and restrictions of various kinds. Articles 328 to 330 relate to free zones in German ports. It may fairly be said that these provisions are, in general, such as are recognized as applicable to such a system. Special provision is made, however, that the free zones existing on August 1, 1914, shall be maintained, and that aside from the charges necessary for covering expenses of upkeep, etc., no other charge may be levied on goods, except a statistical duty of one-tenth of one per cent ad valorem. The provisions of Article 327 regarding the treatment of vessels, are, of course, applicable to their treatment in ports containing free zones, and it is out of abundant precaution specifically provided that these conditions of equality are applicable therein. In considering this subject, reference should be made to Articles 363 and 364, which provide that in the ports of Hamburg and Stettin there shall be leased for ninety-nine years to the Czecho-Slovak State areas to be used for the transit of goods to and from Czecho-Slovakia, and that these areas are to be placed under the general régime of free zones, to which allusion has just been made. Such clauses are, of course, novel and in a very practical way give to the Czecho-Slovak State access to the sea. While imposing upon Germany an international servitude in the nature of a lease for ninety-nine years, it can hardly be doubted that the provisions will be of benefit to Germany herself, as they will necessarily develop her own trade. Nor can any of these conditions be imposed which would continue un changed for such a long length of time, as the conditions of the lease, which are to be fixed by a commission of three members on which both Germany and Czecho-Slovakia are represented, are similarly subject to revision every ten years. In connection with these last-mentioned articles which are intended to protect the interests of Czecho-Slovakia, Article 273, permitting the issuance of certificates and documents to vessels of new states, "whether they have a seacoast or not," is of much interest, and as this article is not within the part of the treaty particularly under consideration, it is quoted in full: In the case of vessels of the Allied or Associated Powers, all classes of certificates or documents relating to the vessel, which were recognized as valid by Germany before the war, or which may hereafter be recognized as valid by the principal maritime states, shall be recognized by Germany as valid and as equivalent to the corresponding certificates issued to German vessels. A similar recognition shall be accorded to the certificates and documents issued to their vessels by the governments of new states, whether they have a sea-coast or not, provided that such certificates and documents shall be issued in conformity with the general practice observed in the principal maritime states. The High Contracting Parties agree to recognize the flag flown by the vessels of an Allied or Associated Power having no sea-coast which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such vessels. While the provisions giving rights to Czecho-Slovakia in the ports of Hamburg and Stettin have been called novel, the convention between Greece and Serbia of May 10, 1914, and the four protocols thereto of the same date, relating to transit by Salonica may well be regarded as foreshadowing provisions for access to the sea of an inland state. It may particularly be noticed that this convention, the workings and advantages of which were explained to the Commission on Ports, Waterways and Railways by the learned Mr. Coromilas (the Greek representative), very early in the proceedings of the Commission, was by its terms to continue for fifty years. In view of the existence of Austria, Hungary and Czecho-Slovakia, all of which are land-locked states, the convention mentioned may now be regarded as of more than local interest and importance, and a translation thereof is printed in the Supplement to this issue (p. 441). The principles and rules of international law applicable to international rivers have been the subject of discussion from an early period, particularly during the last century and a half. The river systems of Europe and the canal systems which complete or connect them are of an importance in the commercial life of European countries and of their peoples which can hardly be underestimated. The principle of freedom of international rivers has been contended for at least since 1792, but it may justly be said that that principle was never fully recognized until the adoption of the Treaty of Peace with Germany. The basic principle of what must now be regarded as the public law of Europe in this regard is declared in Article 332 of the treaty, the first paragraph of which reads as follows: 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 favored nation. Side by side with this declaration of principle may well be placed the declaration of the French Provisional Executive Council in its decree of September 20, 1792, which has thus waited one hundred and twenty-seven years for complete realization of its ideal of freedom, now extended to all states, riparian and non-riparian. Que le cours des fleuves est la propriété commune et inaliénable de toutes les contrées arrosées par leurs eaux; qu'une nation ne saurait sans injustice prétendre au droit d'occuper exclusivement le canal d'une rivière et d'empêcher que les peuples voisins qui bordent les rivages supérieurs, ne jouissent du même advantage; qu'un tel droit est un reste des servitudes féodales ou du moins un monopole odieux qui n'a pu être établi que par la force, ni consenti que par l'impuissance, qu'il est conséquemment révocable dans tous les moments et malgré toutes les conventions, parce que la nature ne reconnaît pas plus de peuples que d'individus privilégiés et que les droits de l'hommes sont à jamais imprescriptibles. It should be here stated, however, that the provisions of Article 332 are specifically within the terms of Article 378, permitting re vision by the Council of the League of Nations at any time after five years, or such extended period as may be fixed, and providing further that after this period the benefit of the provisions can only be claimed by a state which extends reciprocity in that regard. By the general clauses of Chapter 3, Section 2 (Articles 331 to 339) four rivers are declared to be international-namely: The Elbe (Labe), from its confluence with the Vltava and this international status is extended to "all navigable parts of these river systems which naturally provide more than one state with access to the sea, with or without transshipment from one vessel to another; together with lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river systems or to connect two naturally navigable sections of the same river." Under the last quoted general terms the upper navigable part of a river may not be international, although its lower courses are; for the upper navigable portion, if and so far as it is wholly within one. state, provides that state only with access to the sea. The general regulations applicable to these rivers may be summed up as follows: (1) Charges (if not precluded by an existing connection) which may vary on different sections of the river, are limited to those sufficient to maintain an improvement to the river or to meet expenditures in the interest of navigation. (2) Charges are to be collected so that detailed examinations of cargoes are to be unnecessary. (3) Customs and consumption duties are not affected. (4) The general provisions regarding transit, above alluded to and contained in Articles 321 to 326, are applicable. (5) Special provisions regarding transit are provided both in the |