JUDGMENT No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
9
K . Riglzts of Natiolzality and Domicile and Protection
of Minorities in. Upper Silesia.
The Treaty with regard to the protection of minorities,
etc., concluded on June 28th, 19x9, between the United
States of America, the British Empire, France, Italy
and Japan of the one part, and Poland of the other
part, shall be applicable to those parts of Upper Silesia
definitely recognized as part of Poland. The principles
of equity and the maintenance of the economic life of
Upper Silesia demand that the German Government
should be bound to accept, a t least for the transitional
period of fifteen years, dating from the definitive allocation of the territory, stipulations corresponding to Articles 1,
2,. 7, 8, 9 (paragraphs I and z), IO, II and 12 of the
said Treaty, as regards those parts of Upper Silesia
definitely recognized as part of Germany.
The provisions of the agreement to be concluded
between the German and Polish Governments, in order
to put into force the above-mentioned principles, constitute
obligations of international concern for Germany and
Poland, and shall be placed under the guarantee of
the League of Nations in the same way as the provisions
of the Treaty of June z8th, 1919.
Any petition addressed by one or more of the inhabitants of Upper Silesia to the Council of the League
of Nations with regard to these provisions or to the
execution of the provisions of the Treaty of June 28th,
1919, in so far as these provisions affect persons belonging
to racial, religious or linguistic minorities, shall be sent
to the Government in whose territory the petitioners
are domiciled. This Government shall be bound to forward them, with, or without observations, to the Council
of the League of Nations, for consideration.
The following bodies shall be constituted to supervise
the carrying out of these measures :
I. An Upper Silesian Mixed Commission, consisting
of two Germans and two Poles, from Upper Silesia, and
of a President of another nationality, appointed by the
Council of the League of Nations.
2. An Arbitral Tribunal, entrusted with the duty of
settling any private disputes which may result from the
application of the convention referred to above. This
Tribunal shall be composed of one arbitrator appointed
b y the German Government, and of one arbitrator
appointed by the Polish Government.
The Council
of the League of Nations shall be requested to appoint
the President of this tribunal.