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Procedure in Minorities Complaints

Published online by Cambridge University Press:  04 May 2017

Joseph S Roucek
Joseph S Roucek*
Affiliation:
Junior College, Centenary Collegiate Institute, Hackettstown, N. J.
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Extract

The treaties for the protection of minorities were not made under the illusion that they would take from the particular state the grave burden of settling the differences resulting from the divergent nationality of its citizens. In order to prevent the internal disputes and quarrels of the state from becoming the cause for intervention by other states, the treaties created special processes by which such disputes can be legally settled. With a view to the accurate application of these provisions it was indispensable to establish a method of procedure, a system which might very well be compared in the field of constitutional law to that of the organic decrees which are indispensable for the execution of certain of the principles forming the kernel of each constitution.

Type
Research Article
Information
American Journal of International Law , Volume 23 , Issue 3 , July 1929 , pp. 538 - 551
Copyright
Copyright © American Society of International Law 1929

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References

1 Report of M.de Mello–Franco, Minutes of the 37th Session of the Council, Official. Journal, 7th Year, Feb. 1926, p. 140. (Hereafter cited as O. J.).

2 Treaty with Poland, Article 1.

3 Treaty with Poland, Article 12: “ Poland agrees that the stipulations … constitute obligations of international concern and shall be placed under the guarantee of the League of Nations.”

4 Records of the Third Assembly (Plenary Meetings), I, pp. 171-174.

5 O. J., No. 8, Nov-Dec., 1920, pp. 8-9.

6 Annex 553, O. J., 4th Year, No. 11, Nov. 1923, 1426-1432, p. 1427.

7 M. de Mello-Franco, Report to the 34th Session of the Council, O. J., 6th Year, No.3, July, 1925, pp. 878-879.

8 Ibid., Vol. 11, July-Sept. 1921. Resolutions adopted by the Council of the League of Nations at its 13th Session, in Geneva, June 17-28, 1921, p. 22.

9 Ibid., 4th Year, No. 5, May, 1923, pp. 480-483; ibid., 4th Year, No. 9, Sept. 1923, pp. 1071-1072; ibid., 4th Year, No. 11, Nov. 1923, p. 1201.

10 M. de Mello-Franco, Report to the 34th Session of the Council, O. J., 4th Year, No.11, Nov. 1923, pp. 1290-1926.

11 Nov. 1923, pp. 1290-1926. 11 Ibid., p. 1293.

12 Assembly Documents, Reports to the Fifth Assembly of the League on the work of the Council, on the work of the Secretariat and on the measures taken to execute the Decisions of the Assembly, A.S. 1924, p. 37.

13 Records of the Fourth Assembly, p. 93.

14 O. J., 6th Year, No. 3, July, 1925, pp. 878-879.

15 Ibid., M. de Mello-Franeo, Report of June 10, 1925.

16 Ibid., 7th Year, No. 2, Feb. 1926, pp. 299-311. Annex 838. (Extracts from the Supplementary Report of the Council to the Sixth Assembly. A. 7 (a) 1925. Extract No. 3.)

17 See above, p. 641.

18 Subject to the limitations of the Council resolution of June 10, 1925.

19 Article 4, S. 5, Covenant of the League of Nations.

20 Resolution II, Records of the Third Assembly (Plenary Meetings), I, p. 186.

21 See Hudson,, M. O. & “ The Advisory Opinions of the Permanent Court of International Justice,”, (Nov. 1925.)International Conciliation, No. 214,Google Scholar.

22 German Settlers in Poland; Acquisition of Polish Nationality; Exchange of Greek and Turkish Populations.

23 See the case of German Settlers in Poland, Publications of the Court, Series C, No. 3, Vol. I l l, Tome II, p. 1040; Acquisition of Polish Nationality, in ibid., Series B, No. 7, 8. In one case, that of the German settlers in Poland, the power of the court to take this course was questioned on behalf of the Polish Government in regard to the notification given to Germany, Ibid., Series C, No. 3, Vol. I l l , p. 1051.

24 The Monthly Summary of the League of Nations, Oct. 15, 1927, Vol. VII, p. 270.

25 Publications of the Court, Series D, No. 1, Statute of the Court. Article 71 as amended by the Court on Sept. 7, 1927.

26 Publications of the Court, Series B. The speeches and documents relating to advisory opinions are published in Series C. For further discussion and details of the court procedure

27 Fachiri, op. tit., p. 54.

28 28 See Jurists' Committee's Report, Proces Verbaux of the Committee, pp. 722-724, quoted in Fachiri, op. cit., p. 54.

29 Article 50 provides what such application must contain.

30 Fachiri, op. cit., p. 111.

31 Treaty Series (No. 98), III: 189-225.

32 Treaty Series (No. 99), II: 225-232.