The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
The Geneva Protocol, by David Hunter Miller
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CHAPTER VII. 32<br />
[11] <strong>The</strong> statistics of language, etc., even when accurate, do not always forecast the popular wish. Upper<br />
Silesia is an instance of this fact. <strong>The</strong> statistics, as stated in the note of Clemenceau of June 16, 1919, showed<br />
1,250,000 Poles and 650,000 Germans. <strong>The</strong> vote was 717,122 for Germany and 483,514 for Poland.<br />
[12] <strong>The</strong> Convention between Germany and Poland relating to the régime of Upper Silesia is a document of<br />
some 300 pages.<br />
[13] I am greatly indebted to Professor A. A. Young for some of my economic information; but he is in no<br />
way responsible for any of my conclusions.<br />
[14] Of course this is an over-statement. Germany produces about one-tenth of her consumption of copper.<br />
[15] Or a period due to war, such as 1919-1920.<br />
[16] See Hall, International Law (Seventh Edition), Chapter VIII, for an illuminating discussion.<br />
[17] Such as the right of State A to cede territory to State B, notwithstanding the objection of State C to such a<br />
cession.<br />
[18] See Moore's Digest, Vol. VI, pp. 2-367.<br />
[19] Such as the intervention in Greece in 1827 <strong>by</strong> Great Britain, France and Russia. See Hertslet's Map of<br />
Europe <strong>by</strong> Treaty, Vol. I, p. 769.<br />
[20] See the Message of President McKinley, April 11, 1898, Foreign Relations, 1898, p. 750 at p. 757.<br />
[21] <strong>The</strong> Ethics of the Panama Question, Sen. Doc. 471, 63rd Congress, 2nd Session, p. 39.<br />
[22] <strong>The</strong>re is a reference to the status quo in the General Report (Annex C, p. 181), which uses this language:<br />
"<strong>The</strong>re is a third class of disputes to which the new system of pacific settlement can also not be applied. <strong>The</strong>se<br />
are disputes which aim at revising treaties and international acts in force, or which seek to jeopardise the<br />
existing territorial integrity of signatory States. <strong>The</strong> proposal was made to include these exceptions in the<br />
<strong>Protocol</strong>, but the two Committees were unanimous in considering that, both from the legal and from the<br />
political point of view, the impossibility of applying compulsory arbitration to such cases was so obvious that<br />
it was quite superfluous to make them the subject of a special provision. It was thought sufficient to mention<br />
them in this report."<br />
[23] For the view that this includes acts of force, even in the absence of a state of war, see infra, p. 55.<br />
[24] <strong>The</strong> other exception "when acting in agreement with the Council," etc., is not here material. It is<br />
discussed infra, p. 50.<br />
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