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

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