Doc. No. 6 (P).
Memorandum on the Provisions of the Draft Peace Treaty Concerning the Statute of Tangiers (Art. 34.)
Article 34
1. The Draft Treaty contains the following Article concerning Italy’s position in the international zone of Tangiers:
Art. 34.—“Italy recognises the provisions of the final act of August 31, 1945, and of the Franco-British Agreement of the same date on the Statute of Tangier, as well as all provisions which may be adopted by the Signatory Powers for carrying out these instruments.”
According to the first part of this Article, Italy is called upon to accept the provisions contained in agreements she had no part in, though she was one of the parties concerned.
According to the second part of the same Article, Italy is expected to accept in advance all the measures that the Powers having signed these agreements may think fit to adopt in enforcing this Article.
2. The Statute of the international zone of Tangiers created by said agreements of 1945 and within the framework of which all measures to enforce it will be taken, is of a provisional nature (Art. 1, 2, etc., of the Franco-British Agreement) and will cease to be valid once the Powers that signed the Algeciras Act (one of which was Italy) draw up and approve a new Statute at a Conference to be called for the purpose (Art. 2 of the Franco-British Agreement).
3. No mention has been made, in Article 34 of the Peace Treaty, of the provisional nature of the Tangiers Statute established by the 1945 agreements, and this might lead to erroneous interpretations concerning Italy.
Indeed, the fact that Italy is asked, in Article 34 of the Peace Treaty, to accept the Tangiers Statute drawn up in the 1945 agreements and the measures adopted for enforcing it, might lead to the deduction that Italy’s position in Tangiers is now definitely settled on the basis of the aforesaid agreements and measures. Obviously, however, this would be in contrast with the letter and spirit of the same 1945 [Page 157] agreements that Article 34 refers to. This erroneous interpretation might also arise if the double reserve contained in Articles 2 and 11 of the Franco-British Agreement were incorrectly applied.
4. The Italian Government feels, therefore, that in order to avoid any erroneous interpretations, Article 34 of the Peace Treaty should call attention to the provisional nature of the 1945 Statute as well as to Italy’s right to take part in the future Conference of the Powers that signed the Algeciras Act.
Article 34 might be modified as follows:
Art. 34.—Italy recognises the provisions of the Final Act of August 31, 1945 and of the Franco-British Agreement of the same date on the provisional Statute of Tangiers, as well as all provisions which may be adopted by the Signatory Powers for carrying out these instruments until the enactment of the new convention to be drawn up at the Conference foreseen in Article 2 of the Franco-British agreement, in which Italy will take part as one of the Signatory Powers of the Algeciras Act.