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.

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