Draft Peace Treaty With Rumania9
The Union of Soviet Socialist Republics, the United Kingdom, the United States of America, Australia, the Byelorussian Soviet Socialist Republic, Canada, Czechoslovakia, India, New Zealand, the Ukrainian Soviet Socialist Republic, and the Union of South Africa, as the States which are at war with Roumania and actively waged war against the European enemy states with substantial military force, hereinafter called the Allied and Associated Powers, of the one part, and Roumania, of the other part;
Whereas Roumania, having become an ally of Hitlerite Germany and participating on her side in the war against the Union of Soviet Socialist Republics, the United Kingdom, the United States of America, and other United Nations, bears her share of responsibility for this war;
Whereas, however, Roumania, on August 24, 1944, entirely ceased military operations against the U.S.S.R., withdrew from the war against the United Nations, broke off relations with Germany and her satellites, and having concluded on September 12, 1944, an Armistice with the Governments of the Union of Soviet Socialist Republics, the United Kingdom and the United States of America,10 acting in the interests of all the United Nations, took an active part in the war against Germany, and
Whereas the Allied and Associated Powers and Roumania are respectively desirous of concluding a treaty of peace which will form the basis of friendly relations between them and settle questions still outstanding as a result of the events hereinbefore recited, thereby enabling the Allied and Associated Powers to support Roumania’s application to become a member of the United Nations and also to adhere to any convention concluded under the auspices of the United Nations;
Have therefore agreed to declare the cessation of the state of war and for this purpose to conclude the present Peace Treaty, and have accordingly appointed as their Plenipotentiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10a who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:[Page 64]
Part I. Frontiers
The frontiers of Roumania, shown on the map annexed to the present Treaty (Annex 1) shall be those which existed on January 1, 1941, with the exception of the Roumanian-Hungarian frontier, which is defined in Article 2 of the present Treaty.
The Soviet-Roumanian frontier is thus fixed in accordance with the Soviet-Roumanian Agreement of June 28, 1940, and the Soviet-Czechoslovak Agreement of June 29, 1945.
The decision of the Vienna Award of August 30, 1940, is declared null and void. The frontier between Roumania and Hungary existing on January 1, 1938, is hereby restored.
Part II. Political Clauses
Roumania shall take all measures necessary to secure to all persons under Roumanian jurisdiction, without distinction as to race, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms including freedom of expression, of press and publication, of religious worship, of political opinion and of public meeting.
Roumania, which in accordance with the Armistice Agreement has taken measures to set free, irrespective of citizenship and nationality, all persons held in confinement on account of their activities in favour of the United Nations or because of their sympathies with the United Nations, or because of their racial origin, and to repeal discriminatory legislation and restrictions imposed hereunder, undertakes to complete these measures and in future not to take any measures or enact any laws which would be incompatible with the objects and purposes mentioned in this Article.
Roumania, which in accordance with the Armistice Agreement has taken measures for dissolving all organizations of a Fascist type on Roumanian territory, whether political, military or paramilitary, as well as other organizations conducting propaganda hostile to the [Page 65]Soviet Union or to any of the other United Nations, undertakes not to permit in future the existence and activities of organizations of that nature which have as their aim denial to the people of their democratic rights.
- Roumania shall take the necessary steps to ensure the apprehension
and surrender for trial of:
- Persons accused of having committed, ordered or abetted war crimes and crimes against peace or humanity;
- Nationals of the Allied and Associated Powers accused of having violated their national law by treason or collaboration with the enemy during the war.
- At the request of the United Nations Government concerned, Roumania will likewise make available as witnesses persons within its jurisdiction, whose evidence is required for the trial of the persons referred to in paragraph 1 of this Article.
- Any disagreement concerning the application of the provisions of paragraphs 1 and 2 shall be referred by any of the Governments concerned to the Heads of the Diplomatic Missions in Bucharest of the U.S.S.R., U.K. and U.S.A. who will reach agreement with regard to the difficulty.
Roumania undertakes to recognize the full force of the Peace Treaties concluded with Italy, Hungary, Bulgaria and Finland, and the agreements or arrangements which have been or will be reached by the Allied and Associated Powers in relation to Austria, Germany and Japan for the restoration of Peace.
The state of war between Roumania and Hungary will terminate upon the coming into force both of the present Treaty of Peace and the Treaty of Peace between U.S.S.R., U.K., U.S.A., Australia, Byelorussian S.S.R., Canada, Czechoslovakia, India, New Zealand, Ukrainian S.S.R., Union of South Africa and Yugoslavia, of the one part and Hungary of the other part.
Roumania undertakes to accept any arrangements which have been or may be agreed for the liquidation of the League of Nations and the Permanent Court of International Justice.[Page 66]
Roumania also undertakes to accept any arrangements which have been or may be agreed for the liquidation of the International Institute of Agriculture at Rome.
- Each Allied or Associated Power will notify Roumania, within a period of six months of the coming into force of the present Treaty, which pre-war bilateral treaties it desires to keep in force or revive. Any provisions not in conformity with the present Treaty shall however be deleted from the above-mentioned Treaties.
- All treaties so notified will be registered with the Secretariat of the United Nations in accordance with Article 102 of the United Nations Charter.
- All treaties not so notified are to be regarded as abrogated.
Part III. Naval, Military and Air Clauses
The maintenance of land, sea and air armaments and fortifications will be closely restricted to meeting tasks of an internal character and local defence of frontiers. In accordance with the foregoing, Roumania is authorised to have armed forces consisting of not more than:
- A land Army, including frontier troops, with a total strength of 120,000 personnel.
- Anti-aircraft Artillery with a strength of 5,000 personnel.
- A Navy with a personnel strength of 5,000 and a total tonnage of 15,000 tons.
- An airforce, including any naval air arm, of 150 aircraft, including reserves, of which not more than 100 may be combat types of aircraft, with a total personnel strength of 8,000. Roumania shall not possess or acquire aircraft designed primarily as bombers with internal bomb-carrying facilities.
These strengths will in each case include combat, service and overhead personnel.
The Roumanian Army, Air Force and Navy in excess of the above strength shall be disbanded within six months from the date of the coming into force of the present Treaty.
Personnel not included in the Roumanian Army, Air Force and Navy respectively, will not receive any form of military training, military air training or naval training as defined in Annex 2.[Page 67]
Roumania shall not possess, construct or experiment with any self-propelled or guided missiles or apparatus connected with their discharge, sea-mines of non-contact types actuated by influence mechanisms, torpedoes capable of being manned, submarines or other submersible craft or specialised types of assault craft.
Roumania shall not retain, produce, otherwise acquire, or maintain facilities for the manufacture of war material in excess of that required for the maintenance of the armed forces permitted under Article 11 of the present Treaty.
- Excess war material of Allied origin shall be placed at the disposal of the Allied or Associated Power concerned according to the instructions given by that Power. Excess Roumanian war material will be placed at the disposal of the Government of the U.S.S.R., U.K. and U.S.A. Roumania will renounce all rights to this material.
- War material of German origin or design in excess of that required for the armed forces permitted under the present Treaty will be placed at the disposal of the Governments of the U.S.S.R, U.K. and U.S.A. Roumania will not acquire or manufacture any war material of German origin or design, or employ or train any technicians, including military and civil aviation personnel, who are or have been nationals of Germany.
- Excess war material mentioned in paragraphs 1 and 2, will be handed over or destroyed within one year from the coming into force of the Present Treaty.
- A definition and list of war material for the purposes of the present Treaty are set out in Annex 3.
Roumania undertakes to co-operate fully with the United Nations in order to ensure that Germany may not be able to take any action outside German territory in the direction of rearmament.
Roumania undertakes not to acquire or manufacture civil aircraft which are of German or Japanese design or which embody major assemblies of German or Japanese manufacture or design.[Page 68]
Each of the military, naval and air clauses of the present Treaty will remain in force until modified in whole or in part by agreement between the Allied and Associated Powers and Roumania, or after Roumania becomes a member of the United Nations, by agreement between the Security Council and Roumania.
- Roumanian prisoners of war will be repatriated as soon as possible in accordance with arrangements to be agreed upon with Roumania by the individual powers detaining them.
- All costs, including maintenance costs, incurred in moving Roumanian prisoners of war from their respective assembly points, as chosen by the Government of the Allied or Associated Power concerned to the point of entry into Roumanian territory shall be borne by the Roumanian Government.
Note.—The U.S. Delegation wishes to reserve its position with respect to an Article covering War Graves until the Peace Conference. The U.S.S.R. Delegation considers such an Article unnecessary.
Part IV. Withdrawal of Allied Troops From Roumania
Upon the coming into force of the present Treaty, all Allied Forces will, within a period of 90 days, be withdrawn from Roumania, subject to the right of the Soviet Union to keep on Roumanian territory such armed forces as it may need for the maintenance of the lines of communication of the Red Army with the Soviet zone of occupation in Austria. All unused Roumanian currency and all Roumanian goods in possession of the Allied forces in Roumania, acquired pursuant to Article 10 of the Armistice, will be returned to the Roumanian Government within the same period of 90 days. Roumania, however, undertakes to make available such maintenance and facilities as may specifically be required for the maintenance of the lines of communication with the Soviet zone of occupation in Austria, for which due compensation will be made to the Roumanian Government.[Page 69]
Part V. Reparation and Restitution
Losses caused to the Soviet Union by military operations and by the occupation by Roumania of Soviet territory will be made good by Roumania to the Soviet Union, but taking into consideration that Roumania has not only withdrawn from the war against the United Nations, but has declared and, in fact, waged war against Germany it is agreed that compensation for the above losses will be made by Roumania not in full but only in part, namely to the amount of 300 million United States dollars payable over 8 years from September 12, 1944, in commodities (oil-products, grain, timber, seagoing and river craft, sundry machinery, etc.).
The basis for calculating the settlement provided for in this Article will be the United States dollar at its gold parity on the day of the signing of the Armistice Agreement, i. e. 35 dollars for one ounce of gold.
- Roumania accepts the principles of the United Nations Declaration of January 5, 1943,11 and will return property removed from United Nations territories.
- The obligation to make restitution applies to all identifiable property at present in Roumania which was removed by force or duress by any of the Axis Powers from the territory of any of the United Nations, irrespective of any subsequent transactions by which the present holder of any such property has secured possession.
- The Roumanian Government and the Government entitled to restitution may conclude agreements which will replace the provisions of the present Article.
- The Roumanian Government undertakes to return the property referred to in the present Article in good order and, in this connexion, to bear all costs in Roumania relating to labour, materials and transport.
- The Roumanian Government will co-operate with the United Nations in and will provide at its own expense all necessary facilities for, the search for and restitution of property liable to restitution under the present Article.
- The Roumanian Government shall take the necessary measures to effect the return of property covered by this Article held in any third country by persons subject to Roumanian jurisdiction.
- * Claims for the restitution of property shall be presented to the Roumanian Government by the Government of the country from whose territory the property was removed, it being understood that rolling stock shall be regarded as having been removed from the territory to which it originally belonged. The period during which such claims may be presented shall be six months from the date of coming into force of the present Treaty.
- The burden of identifying the property and of proving ownership shall rest on the claimant government, and the burden of proving that the property was not removed by force or duress shall rest on the Roumanian Government.
Part VI. Economic Clauses
1. Insofar as Roumania has not already done so, Roumania shall restore all the legal rights and interests in Roumania of the United Nations and their nationals as they existed on June 22, 1941, and shall return all property in Roumania including ships** of the United Nations and their nationals as it now exists.
2. The Roumanian Government undertakes that all property, rights and interests passing under this Article shall be restored free of all encumbrances and charges of any kind to which they may have become subject as a result of the war and without the imposition of any charges by the Roumanian Government in connection with its return. The Roumanian Government will nullify all measures, including seizures, sequestration or control, taken by it against United Nations’ property between June 22, 1941 and the coming into force of the present Treaty. In cases where the property has not been returned within 6 months of the coming into force of the Treaty, application shall be made to the Roumanian authorities not later than 12 months from the coming into force of the Treaty, except in cases in which the claimant is able to show that he could not file his application within this period.
3. The Roumanian Government undertakes to invalidate transfers involving property, rights and interests of any description belonging to United Nations nationals, where such transfers resulted from force or duress exerted by Axis Governments or their agencies during the war.[Page 71]
4. U.S. proposal:
- Where, as a result of the war, the property cannot be returned or the United Nations national has suffered a loss because of injury to the property, the Roumanian Government shall compensate the owner by the payment of a sum in lei sufficient at the date of payment to enable the recipient to purchase similar property or to make good the loss or damage suffered.
- Sums in lei paid by the Roumanian Government under this Article shall be freely usable in Roumania but shall be subject to the foreign exchange control regulations which may be in force in Roumania from time to time. The Roumanian Government agrees to accord to United Nations nationals fair and equitable treatment with respect to the allocation of materials, and of foreign exchange required for the importation of materials, for the repair or rehabilitation of their properties in Roumania, and in no event to discriminate in these respects against nationals of the United Nations as compared with Roumanian nationals.
- In cases where a corporation or association of any nationality other than that of one of the United Nations has suffered a loss of its property in Roumania as a result of the war, compensation in lei shall be paid by the Roumanian Government to United Nations nationals who have directly, or indirectly through intermediate corporations or associations of any nationality other than that of one of the United Nations, an ownership interest in the corporation or association which has suffered the loss. This compensation shall be that fractional part of the amount which would be required to enable the corporation or association to make good the loss or damage suffered, which the interest of the United Nations nationals constitutes of the totality of ownership interests in the corporation. Such compensation, however, shall not be required in case the Roumanian Government shall provide to the corporation or the association itself such full compensation or restoration as would be due under this Article if it were a corporation or association of one of the United Nations. In cases where the corporation or association receives from the Roumanian Government partial compensation for the damage or loss sustained, the United Nations nationals shall be paid by the Roumanian Government compensation in lei in an amount equal to their respective proportionate shares of the loss or damage for which the corporation or association does not itself receive compensation from the Roumanian Government. For purposes of this paragraph the extent of interest of a United Nations national shall be determined as of June 22, 1941, or the outbreak of war between the United Nation concerned and [Page 72]Roumania, as may be the more favorable to the United Nations national.
- As used in this Article, the phrase “as a result of the war” included the consequences of any action taken by the Roumanian Government, any action taken by any of the belligerents, any action taken under the Armistice of September 12, 1944, and any action or failure to act caused by the existence of a state of war.
Roumania recognizes the necessity for compensation for the property of the United Nations and their nationals in Roumania lost or damaged during the war. In view of the fact, however, that Roumania has not only withdrawn from the war against the United Nations, but declared war on, and effectively waged war against Germany, and in consideration of the losses sustained by Roumania in the course of military operations against Germany on Roumanian territory, it is agreed that such compensation will be made in part to the extent of one-third of the losses and will be paid in Roumanian lei.
The U.K. and French Delegations approved the U.S. proposal subject to reservation as to the drafting.
5. All reasonable expenses incurred in Roumania in establishing claims, including the assessment of loss or damage, shall be borne by the Roumanian Government.
6. United Nations nationals and their property shall be exempted from any exceptional taxes, levies or imposts, imposed on their capital assets in Roumania by the Roumanian Government, or any Roumanian authority between the date of the Armistice and the coming into force of the present Treaty for the specific purpose of meeting charges arising out of the war or of meeting the costs of occupying forces or of reparations payable to any of the United Nations. Any sums which have been so paid shall be refunded.
7. The owner of the property concerned and the Roumanian Government may agree upon arrangements in lieu of the provisions of this Article.
8. As used in this Article:
- “United Nations nationals” means individuals who are nationals of any of the United Nations or corporations or associations organised under the laws of any of the United Nations at the date of the coming into force of the present Treaty, provided that they also had this status at the date of the Armistice with Roumania.
- The term “United Nations nationals” also includes all individuals, corporations or associations which under the laws in force in Roumania during the war, have been treated as enemy.
- “Owner” means the United Nations national, as defined in subparagraph a above, who is entitled to the property in question, and includes a successor of the owner, provided that the successor is also a United Nations national as defined in subparagraph a. If the successor has purchased the property in its damaged state, the transferor shall retain his rights to compensation under this Article, without prejudice to obligations between the transferor and the purchaser under domestic law.
- “Property” means all movable and immovable property, whether tangible, or intangible including industrial, literary and artistic property, as well as all rights, estates or interests in property of any kind.
Roumania recognises that the Soviet Union is entitled to all German assets in Roumania transferred to the Soviet Union by the Control Council for Germany and undertakes to take all necessary measures for facilitating such transfers.
- Each of the Allied and Associated Powers shall have the right to seize, retain, liquidate or take any other action with respect to all property, rights and interests within its territory which on the date of coming into force of the present Treaty belong to Roumania or to Roumanian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Roumania or its nationals, including debts other than claims fully satisfied under other Articles of the present Treaty. All Roumanian property, or the proceeds thereof, in excess of the amount of such claims, shall be returned.
- The liquidation and disposition of Roumanian property shall be carried out in accordance with the law of the Allied or Associated Power concerned. The Roumanian owner shall have no rights with respect to such property except those which may be given him by that law.
- The Roumanian Government undertakes to compensate Roumanian nationals whose property is taken under this Article and not returned to them.
- No obligation is created by this Article on any Allied or Associated Power to return industrial, literary or artistic property to the Roumanian Government or Roumanian nationals, or to include such property in determining the amounts which may be retained under paragraph 1 of this Article. The Government of each of the Allied and Associated Powers shall have the right to impose such limitations, [Page 74]conditions and restrictions on rights or interests with respect to industrial, literary and artistic property acquired prior to the coming into force of the present Treaty in the Territory of that Allied or Associated Power by the Government or nationals of Roumania, as may be deemed by the Government of the Allied or Associated Power to be necessary in the national interest.
- The property covered by paragraph 1 of this Article shall be
deemed to include Roumanian property which has been subject to
control by reason of a state of war existing between Roumania and
the Allied or Associated Power having jurisdiction over the
property, but shall not include:
- Property of the Roumanian Government used for consular or diplomatic purposes.
- Property belonging to religious bodies or private charitable institutions and used for religious or charitable purposes.
- Property of natural persons who are Roumanian nationals permitted to reside within the territory of the country in which the property is located or to reside elsewhere in United Nations’ territory, other than Roumanian property which at any time during the war was subjected to measures not generally applicable to the property of Roumanian nationals resident in the same territory.
- Property rights arising since the resumption of trade and financial relations between Roumania and the Allied and Associated Powers, or arising out of transactions between Roumania and the Governments of any Allied or Associated Power since September 12, 1944.
- Limitations imposed in respect of Roumanian property on the territory of Germany and on the territory of other countries which took part in the war on the side of Germany shall be withdrawn after the coming into force of the present treaty. The rights of Roumanian owners with respect to the disposal of the property in question shall be restored.
- Roumania shall have the right to restitution of identifiable property which was compulsorily or forcibly removed from Roumania after August 24, 1944, and is at present in Germany.
- The restitution of Roumanian property situated in the territory of Germany will be effected in accordance with the instructions of the military authorities of the Powers in occupation of Germany.
U.K., U.S. and French proposal:
Roumania hereby renounces on its own behalf and on behalf of Roumanian nationals all claims, including debts, against Germany [Page 75]and German nationals outstanding on May 8, 1945, except those arising out of contracts and other obligations entered into, and rights acquired, before September 1, 1939. This renunciation shall be deemed to include not only all inter-governmental claims in respect of arrangements entered into in the course of the war, but also all claims for loss or damage arising during the war. This renunciation shall be without prejudice to any dispositions in favour of Roumania or Roumanian nationals made by the Powers in occupation of Germany.
- The Contracting Parties agree that the existence of the state of war shall not, in itself, be regarded as affecting the obligations to pay pecuniary debts arising out of obligations and contracts which existed, and rights acquired, before the existence of a state of war, which became payable prior to the coming into force of the present Treaty, and which are due by the Government or nationals of Roumania to the Government or nationals of one of the Allied and Associated Powers or are due by the Government or nationals of one of the Allied and Associated Powers to the government or nationals of Roumania.
- Except as otherwise expressly provided in the present Treaty, nothing therein shall be construed as impairing debtor-creditor relationships arising out of pre-war contracts concluded either by the Government or nationals of Roumania.
- Roumania waives all claims of any description against the Allied
and Associated Powers on behalf of the Roumanian Government or
Roumanian nationals arising directly out of the war or out of
actions taken because of the existence of a state of war in Europe
after September 1, 1939, whether or not the Allied or Associated
Power was at war with Roumania at the time, including the following:
- Claims for losses or damages sustained as a consequence of acts of forces or authorities of the Allied or Associated Powers;
- Claims arising from the presence, operations or actions of forces or authorities of the Allied or Associated Powers in Roumanian territory;
- Claims with respect to the decrees and orders of Prize Courts of the Allied or Associated Powers, Roumania agreeing to accept as valid and binding all decrees and orders of such Prize Courts on or after September 1, 1939, concerning Roumanian ships or Roumanian goods or the payment of costs;
- Claims arising out of the exercise or purported exercise of belligerent rights.
- The provisions of this Article will bar, completely and finally, all claims of the nature referred to herein, which will henceforward be extinguished, whoever may be the parties in interest. The Roumanian Government agrees to make equitable compensation in lei to persons who furnished supplies or services on requisition to the forces of the Allied and Associated Powers in Roumanian territory and in satisfaction of non-combat damage claims against the forces of the Allied and Associated Powers arising in Roumanian territory.
- Roumania likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Roumanian Government or Roumanian nationals against any of the United Nations which severed diplomatic relations with Roumania and took action in cooperation with the Allied and Associated Powers.
- The Roumanian Government will assume full responsibility for Allied military currency issued in Roumania by the Allied military authorities, including all such currency in circulation on the date of the coming into force of this Treaty.
- The waiver of claims by Roumania under this Article includes any claims arising out of actions taken by any of the Allied and Associated Powers with respect to Roumanian ships between September 1, 1939, and the date of the coming into force of the present Treaty, as well as any claims and debts arising out of Conventions on prisoners of war now in force.
1. Pending the conclusion of commercial treaties or agreements between Roumania and the United Nations, the Roumanian Government shall during the 18 months following the coming into force of the present Treaty grant the following treatment to each of the United Nations which, in fact, reciprocally grants similar treatment in like matters to Roumania:
- In all that concerns duties and charges on importation or exportation the internal taxation of imported goods and all regulations pertaining thereto, the United Nations shall be granted unconditional most-favoured-nation treatment.
- In all other respects, Roumania shall make no arbitrary discrimination against goods originating in or destined for any territory of any of the United Nations as compared with like goods originating in or destined for any other territory of the United Nations or of any other foreign country;
- Natural and legal persons who are nationals of any of the United Nations shall be granted national and most-favoured-nation treatment in all matters pertaining to commerce, industry, shipping and other forms of business activity within Roumania …
The U.S.S.R. Delegation proposes the following text as an integral part of the paragraph:
… excluding certain branches where, in accordance with the internal legislation of the country, private enterprise does not take place.
The U.K., U.S. and French Delegations propose the following alternative to the U.S.S.R. proposal:
This paragraph shall not be deemed to confer on the United Nations, or their nationals, rights to engage in any branch of commerce, industry, shipping or other form of business activity which under Roumanian law is a monopoly of the Roumanian State. Nevertheless, the most-favoured-nation principle shall be observed in any such cases in which foreign participation is allowed.
Proposed further addition to this paragraph by the U.S. Delegation supported by U.K.
It is further understood that this paragraph shall not apply to civil aviation, but that Roumania will grant no exclusive or discriminatory right to any country with regard to the operation of civil aircraft in international traffic and will afford all the United Nations equality of opportunity for obtaining international commercial aviation rights in Roumanian territory.
The U.S.S.R. Delegation sees no reason for inclusion of this addition in the Treaty.
2. U.S.S.R. proposal:
The foregoing undertakings by Roumania shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Roumania before the war which relate to relations with neighbouring countries applied to them; and the provisions with respect to reciprocity granted by each of the United Nations shall be understood to be subject to the exceptions customarily included in the commercial treaties concluded by that Power.
French, U.K. and U.S. proposal:
The foregoing undertakings by Roumania shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Roumania before the war, and the provisions with respect to reciprocity granted by each of the United Nations shall be understood to be subject to the exceptions customarily included in the commercial treaties concluded by that Power.
Any disputes which may arise in connexion with Articles 23 and 24 and Annexes 4, 5 and 6 of the present Treaty shall be referred to a Conciliation Commission composed of an equal number of representatives of the United Nations Government concerned and of the Roumanian [Page 78]Government. If agreement has not teen reached within three months of the dispute having been referred to the Conciliation Commission, either Government may require the addition of a third member to the Commission, and failing agreement between the two Governments on the selection of this member, the President of the International Court of Justice shall be requested to make the appointment. The decisions of the Commission, as so constituted, shall be taken by the same procedure as is provided for decisions of the International Court itself in Articles 48 and 55–57 of the Statute of the Court and shall be final and binding on all parties.
Any disputes which may arise in giving effect to the present Articles 23 and 24 of the present Treaty shall be referred to a Conciliation Commission consisting of an equal number of Representatives of the Government of the United Nations concerned and the Government of Roumania, appointed on an equal footing. If within 3 months after the dispute has been referred to the Conciliation Commission no agreement has been reached, either Government may ask for the addition to the Commission of a third member selected by mutual agreement of the two Governments from nationals of third countries. Should the two Governments fail to agree on the selection of a third member of the Commission, the Governments shall apply to the three Heads of the Diplomatic Missions in Bucharest of the U.S.S.R., U.K. and U.S., who will appoint the third member of the Commission.
The U.S. Delegation can accept either the U.K. proposal or the U.S.S.R. proposal provided the following sentence is added at the end of the latter.
If the three Heads of Mission are unable to agree within a period of one month upon the appointment of the third member, the Secretary-General of the United Nations shall be requested by either party to make the appointment.
The French Delegation has the same proposition as the U.S. Delegation provided Annexes 4, 5 and 6 are covered by the Article.
Articles 23, 24 and 30 and Annex 6 of this Treaty shall apply to the Allied and Associated Powers and France and to those of the United Nations which have broken off diplomatic relations with Roumania.
The provisions of Annexes 4, 5 and 6 shall, as in the case of the other Annexes, have force and effect as integral parts of the present Treaty.[Page 79]
Part VII. Clauses Relating to the Danube
U.K. and U.S. proposal:
- Navigation on the Danube River, its navigable tributaries and connecting canals shall be free and open on terms of entire equality to the nationals, vessels of commerce and goods of all states.
- Sanitary, police and other laws and regulations applicable to the Danube River system shall be administered by Roumania in a nondiscriminatory manner and shall not unreasonably impede commercial navigation.
- No obstacles or impediments to navigation shall be placed in the main channels of the Danube River system or along the shores thereof. Roumania undertakes to remove any existing obstacle or impediment in the main channels lying within its jurisdiction or to permit such removals by any international authority which may be established for the Danube River system.
- No tolls, dues or other charges shall be levied by Roumania except for the purpose of defraying the cost of development and maintenance of the waterway in a commercially navigable condition; and no tolls, dues or other charges shall be levied with respect to navigation of any naturally navigable portion of the waterway. All tolls, dues and other charges shall be levied in such a manner as not to discriminate against nationals, vessels of commerce or goods of any state. The schedule of these charges shall be open for public inspection and shall be publicly displayed in appropriate places.
- In the establishment, administration and operation of any interim or permanent international regime for the Danube River system, Roumania shall enjoy a status equal to that of the other member states.
- Any dispute between the parties [to] the present Treaty with respect to the application or interpretation of this Article relating to the regime and conditions of navigation on the Danube River system, which cannot be resolved by negotiation, shall be submitted to a chamber of three or more judges formed by the International Court of Justice under Article 26 of its Statute.
U.K. Delegation propose to add:
A conference of all interested states, including Roumania will be convened within a period of six months of the coming into force of the present treaty to establish the new permanent international regime for the Danube.
The question of the Danube cannot be solved by the Peace Treaties with Roumania, Bulgaria and Hungary since it has to be settled with [Page 80]the participation of the Danubian States which include Allied States such as Czechoslovakia and Yugoslavia. The Delegation of the U.S.S.R., therefore, proposes not [to] have the provisions relating to the Danube included in the Peace Treaties with Roumania, Bulgaria and Hungary.
Part VIII. Final Clauses
For a period not to exceed 18 months from the coming into force of the present Treaty, the Heads of the Diplomatic Missions in Bucharest of the U.S.S.R., the U.K. and U.S. acting in concert, will represent the Allied and Associated Powers in dealing with the Roumanian Government in all matters concerning the execution and interpretation of the present Treaty.
The three Heads of Mission will give the Roumanian Government such guidance, technical advice and clarification as may be necessary to ensure rapid and efficient compliance with the spirit and terms of the present Treaty.
The Roumanian Government undertake to afford the said three Heads of Mission all necessary information and any assistance they may require in the fulfilment of the tasks devolving on them under the present Treaty.
U.K. and U.S. proposal:
Except where any other procedure is specifically provided under any Article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be referred to the three Heads of Mission acting as provided under Article 35 and, if not resolved by them within a period of two months, shall, at the request of any party to any dispute, be referred to the International Court of Justice. Any dispute still pending at, or arising after, the date when the Heads of Mission terminate their functions under Article 35, and which is not settled by direct diplomatic negotiations, shall equally, at the request of any party to the dispute, be referred to the International Court of Justice.
Save where any other procedure is specifically provided under any Article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be settled by direct diplomatic negations and, in case the disputes are not settled in this way, they shall be referred to the three Heads of Mission acting as provided under Article 35, except that in this case the Heads of Mission will not be restricted by the time-limit provided in that Article.[Page 81]
Any other member of the United Nations not a signatory to the present Treaty which is at war with Roumania, may accede to the Treaty and upon accession will be deemed to be an Associated Power for the purposes of the Treaty.
Instruments of accession will be deposited with the Government of the U.S.S.R. and shall take effect upon deposit.
The present Treaty, of which the Russian and English texts are authentic, shall be ratified by the Allied and Associated Powers. It shall also be ratified by Roumania. It will come into force immediately [upon] deposit of ratifications by the U.S.S.R., U.K. and U.S.A. The instruments of ratification will, in the shortest time possible, be deposited with the Government of the U.S.S.R.
With respect to each Allied and Associated Power whose instrument of ratification is thereafter deposited, the Treaty shall come into force upon the date of deposit. The present Treaty will be deposited in the archives of the Government of the U.S.S.R., which shall furnish certified copies to each of the signatory States.
Done in the city of . . . . . . . . . . . . in the Russian, English and Roumanian languages.
- The table of contents and the list of annexes in the source text are not printed here.↩
- Department of State, Executive Agreement Series 490.↩
- Marks of ellipsis throughout this document occur in the source text.↩
- Foreign Relations, 1943, vol. i, p. 443.↩
- The U.K. Delegation agrees to paragraph 7 on the understanding that the question of restitution of shipping is covered in Article 24. [Footnote in source text.]↩
- The Agreement of the U.K. Delegation to this paragraph is subject to a definition of the ships deemed to be covered thereby. See also Annex 4 Part C. [Footnote in source text.]↩
- No map accompanied the English text of the Draft Treaty.↩
- Repairs to be done in Roumania or if outside Roumania the cost to be to the charge of the Roumanian Government who must provide the necessary foreign exchange. [Footnote in source text.]↩
In view of the constitutional position of the Federal Government, the U.S. Delegation would be unable to accept any obligations on the matters covered by this Annex. The United States would not object to the inclusions of provisions on these subjects in the Treaty but would wish to have a clause included making them inapplicable as between the United States and Roumania.
The U.S.S.R. Delegation sees no reason for inclusion in the Peace Treaty of the matters covered by this Annex.
The French Delegation supports the U.K. proposal with regard to prescriptions and negotiable instruments. [Footnote in source text.]↩