support of its first two contentions, the Court desires to make
the following observations.
This opinion is based on the view that the League of
Nations' guarantee, mentioned in paragraph 3 of the Preamble
to Division 1, also extends to the provisions of Division II.
The Court is unable to accept this opinion.
The Preamble in question runs as follows l :
"Whereas the Conference of Ambassadors decided,
on October zoth, 1921 :
I. that the Treaty with regard to the Protection
of Minorities, etc., concluded on June 28th, 1919, between
the United States of America, the British Empire, France,
Italy and Japan of the one part, and Poland of the
other part, should be applicable to those parts of Upper
Silesia definitely recognized as part of Poland ;
2. that 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, g (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 ;
3. that 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 28th, 1919 ;
the two contracting Parties have agreed on the following provisions. . . ."
The object of the Preamble is to show the purpose of the
provisions comprised in the first Division, and this appears
clearly from its terms ("whereas the Conference of Ambassadors
decided. . . . the two contracting Parties have agreed on the
following provisions. . . ."). Then follow the provisions of the
Division printed in parallel texts, one applying to Germany
and the other applying to Poland. The provisions in Articles
1 The English text of those passages of the Decision of the Conference of
ilmbassadors which are reproduced in the Preamble is taken from the League
of Nations Officia1 Journal.
4
.