JUDGMENT No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
31
accepted such as they were and subject to no modifications.
This is clear from the Preamble to Division 1 and from the
provision which is to be found in Article 72 under paragraph I.
These provisions constitute a separate category among the
provisions relating to the protection of minorities, and subsequent provisions entered into between the contracting Parties
cannot modify them or be construed as being contradictory
and thus diminishing the extent of the protection provided.
(See in this respect the Preamble to Division II quoted above,
which declares that the provisions of this Division are adopted
without prejudice to the provisions of Division 1.)
The final Protocol signed by the Parties on the same day
as the Convention itself, by the terms of Article XV, further
accentuates the fact that the provisions of Division 1 should
not be overridden.
[ Trautsla tio.n.1
"None of the provisions of the Convention modifies in any
way the provisions of Articles 65 to 72."
Article 65 confers upon some of these articles a still more
predominant character when it lays down that the two contracting Parties undertake "that the stipulations contained
in Articles 66 to 68 should be recognized as fundamental laws
and that no law, regulation or officia1 action shall conflict or
interfere with these stipulations, nor shall any law, regulation
or official action prevail over them". This provision is again
repeated in Article 73 with the further addition that "the
tribunals and courts of justice including administrative,
military and extraordinary tribunals shall be competent to
examine legislative or administrative provisions in order to
* ascertain whether they conflict with the stipulations of this
Part".
In view of the particular and predominant character of the
provisions of Division 1 of the Convention, it follows that
any construction of the provisions of Division II which would
conflict with the meaning of the provisions of Division 1 must
be excluded. The stipulations of Division II must be construed
in the light of the stipulations of Division 1 and not the