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In the matter of the cessions by Germany to France Under Article 357 of the Treaty of Versailles

Published online by Cambridge University Press:  04 May 2017

Walker D. Hines
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Type
Judicial Decisions Involving Questions of International Law
Information
American Journal of International Law , Volume 17 , Issue 4 , October 1923 , pp. 786 - 808
Copyright
Copyright © American Society of International Law 1923

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References

1 The complete text of Article 357 follows:

Within a maximum period of three months from the date on which notification shall be given Germany shall cede to France tugs and vessels, from among those remaining registered in German Rhine ports after the deduction of those surrendered by way of restitution or reparation, or shares in German Rhine navigation companies.

When vessels and tugs are ceded, such vessels and tugs, together with their fittings and gear, shall be in good state of repair, shall be in condition to carry on commercial traffic on the Rhine, and shall be selected from among those most recently built.

The same procedure shall be followed in the matter of the cession by Germany to France of:

(1) the installations, berthing and anchorage accommodation, platforms, docks, warehouses, plant, etc., which German subjects or German companies owned on August 1, 1914, in the port of Rotterdam, and

(2) the shares or interest which Germany or German nationals possessed in such installations at the same date.

The amount and specifications of such cessions shall be determined within one year of the present treaty by an arbitrator or arbitrators appointed by the United States of America, due regard being had to the legitimate needs of the parties concerned.

The cessions provided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the arbitrator or arbitrators mentioned above, shall not in any case exceed the value of the capital expended in the initial establishment of the ceded material and installations, and shall be set off against the total sums due from Germany; in consequence, the indemnification of the proprietors shall be a matter for Germany to deal with.