JUDGMENT No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
29
The Court therefore concludes that it cannot allow the plea
to the jurisdiction raised by the Polish Government. But, as
has been stated above, the Agent for the Polish Government
also raised the objection that, by virtue of Articles 149 and
157 of the Convention, "the matter had been settled by the
Council of the League of Nations which is the final authority
as regards measures to be taken", and that its "decision could
not be subject to revision by the Court of International
Justice".
If, as the Court thinks, this objection must be understood
as putting forward a plea on the ground that the German
submissions could not be entertained, the Court cannot consider this plea as being well founded.
The "decision" in question is the "Resolution" referred to
above, which the Council adopted on March ~ z t h , 1927,
passing on an appeal made by the German Association for
Polish Upper Silesia (Deutscher Volksbund fiir Polnisch Oberschlesien). I t is consequently a resolution taken by virtue of
powers conferred upon the Council by Article 149 of the
Geneva Convention.
The situation arising from the CO-existenceof these powers
and of the jurisdiction conferred upon the Court by Article 72,
paragraph 3, has not been defined by the Convention.
But in the absence of any special regulation in this respect,
the Court thinks it appropriate to recall its earlier observation,
namely, that the two jurisdictions are different in character.
In any case, it is clear from the discussions which took
place before the Council that the latter did not wish to settle
the question of law raised by the German representative and
a solution to which is requested by the Application which
gave rise to the present proceedings. The Resolution specifically states in paragraph V that : "The arrangement provided
for in paragraphs II, I I I and IV above shall be regarded as
an exceptional measure designed to meet a de facto situation
not covered by the Convention of May 15th, ~gzz", and that
"it shall not be interpreted as in any way modifying the
provisions of that Convention". And if there were still any
doubts left as to the scope of the Council's Resolution, the
Council itself has dispelled them by specifically stating in the