Doc. No. 5 (P).
Memorandum on the Clauses of the Draft Peace Treaty Concerning Ethiopia (Art. 27–31)
Article[s] 27–31
The Italian Government agrees without reservations to recognize the full sovereignty and independence of the State of Ethiopia and is prepared to undertake to respect the same.
New Italy condemns without exception all violations perpetrated by the fascist Government against those democratic principles which now form the keystone of her own institutions, and expresses a firm desire to see her relations with the Ethiopian Empire become again cordial and trustful.
In this spirit, the Italian Government approves the general lines of the Articles of the Draft Peace Treaty concerning Ethiopia. The amendments which the Italian Government proposes in respect to certain clauses of these Articles are based, in the first place, on the consideration—indeed undeniably vouched for by any number of unbiassed witnesses—that Italian capital and labour have enriched Ethiopian territory with public works of outstanding value, a fact which it is only fair and just to take into account.
[Page 153]Secondly, the rights which Italian nationals have acquired in Ethiopia during Italian sovereignty must not be deprived of the protection which international law provides in such cases.
Upon detailed examination of these Articles, the following remarks can be made:
- Art. 27.—Accepted.
- Art. 28.—Italy renounces in favour of Ethiopia all property, rights, interests and advantages of all kinds acquired at any time in Ethiopia by the Italian State.
No remarks on principle. However:
1. It should be observed that the Draft omits to take into consideration the imposing value of the public works built by Italy and of the equipment she has installed in Ethiopia at the cost of heavy economic sacrifice. Italy’s contribution to the development and advancement of Ethiopia far exceeds any figure that Ethiopia could reasonably claim as reparation. The Italian Government has already submitted complete documentary evidence on this contribution.
In its present form Article 28 might be construed to mean that the renunciation Italy is now called to make would not even be set against eventual Ethiopian claims toward Italy.
In fact, in that section of the Draft which envisages the possibility of granting reparations to Ethiopia (Art. 64, note) no reference is made to Article 28. It follows that, should reparations be granted, they might be considered as due over and above the renunciation just mentioned.
The Italian Government is of the opinion that these provisions, in their present form, are inconsistent with the general principle of international law and with the practice followed in previous peace treaties. The Italian Government therefore suggests that Article 28 should be amended so that the value of property, rights, interests etc. which Ethiopia is to receive, is credited to Italy and that this credit is balanced against Ethiopian claims for reparation when that question comes up for settlement.
2. Article 28 makes an exception for “normal diplomatic or consular premises”. In view of the fact that some consular Agencies existing in Ethiopia since 1904 had never been recognized as such by the Ethiopian Government and were instead regarded as “Commercial agencies”, the Treaty should specify that the above exception must comprise also the premises of these Commercial Agencies. It would be sufficient to add to the sentence: “normal diplomatic and consular premises” the words: “or by commercial Agencies”.
[Page 154]Art. 29.—It is difficult to understand the precise implication of the clauses obliging Italy “to recognize the legality of all measures which the Government of Ethiopia has taken or may in future take in order to annul Italian measures regarding Ethiopia taken after October 3, 1935 and the effect of such measures”.
If the Article means that Ethiopia, in the enjoyment of her full sovereignty, may adopt any measures she deems fit to abrogate or modify measures enacted by Italy when the latter exercised sovereign rights on Ethiopian territory, then this Article appears superfluous in the light of what is laid down in Article 27.
If, on the other hand, the Article wishes to establish that Italy must waive in advance all claims arising from measures that Ethiopia might adopt over and above the mutual rights and obligations sanctioned by the Peace Treaty, the Article would then appear unacceptable because contrary to law.
This Article should either be suppressed or further elucidated.
Art. 30.—The first part of Article 30 provides that Italian nationals in Ethiopia will enjoy the same juridical status as other foreign nationals. This part can give rise to no objections.
The second part, instead, implies Italy’s acceptance of all measures cancelling or modifying concessions or special rights granted to Italian nationals which Ethiopia may take within a year from the coming into force of the Treaty.
These provisions are, in the opinion of the Italian Government, contrary to the principles which should regulate relations between nations. Indeed, it appears hardly in keeping with the principles of law and equity to oblige one of the contracting parties to accept in advance the interpretation and the execution given to a treaty by the other party.
The Italian Government considers therefore that the second part of Article 30 relating to these provisions should be suppressed. With regard to the right accorded to Ethiopia to annul or modify concessions or rights granted to Italian nationals, it is necessary to provide for the persons whose interests are affected by the benefit of adequate compensation and to establish guarantees on their behalf.
It would, moreover, be necessary to specify that the right to annul or modify concessions granted to Italian nationals can only apply to those granted by the Italian Government since October 3, 1935.
Art. 31.—Although there is nothing to be said against the Article in itself, it is felt that it should be completed so as to grant recognition to Italian accomplishments in the field of scientific research. This could be done by adding the following words: “with the exception of objects found by archeological and other scientific research missions”.