The Convention and Statute on Freedom of Transit were concluded at Barcelona on 20 April 1921. The League of Nations conference opened on 10 March; the statute was adopted on 14 April; the convention accepts the statute as an integral part (Art. 1) and bears the day’s date, remaining open for signature until 1 December 1921. Authentic texts: French and English, a single original in the League Secretariat’s archives. It is not the Convention on Navigable Waterways of International Concern, nor the Additional Protocol, nor the Declaration recognising the right to a flag of States having no seacoast, all of the same day at Barcelona.
The preamble invokes Article 23 (e) of the League Covenant and the right of free transit, without prejudice to sovereignty over the routes. Article 2 of the convention leaves untouched obligations under the Treaty of Versailles of 28 June 1919 and the corresponding treaties. Articles 4–5: ratification and accession, instruments with the Secretary-General; registration on the first ratification, pursuant to Article 18 of the Covenant. Romania appears on the list of plenipotentiaries (E. Margaritesco Grecianu).
Article 6: the convention does not come into force until five ratifications; the date is the ninetieth day after receipt of the fifth. For the League, 31 October 1922. Denunciation after five years from entry into force for that party, taking effect one year later (Art. 8). Revision at the request of one-third (Art. 9). Registration LNTS No. 171, volume 7, on 8 October 1921.
The statute, as a principle: transit is the portion of a journey beginning and ending beyond the frontier of the State crossed (persons, goods, vessels, rolling stock). States facilitate transit by rail and waterway, without distinction of nationality, flag or origin. No special transit dues, only charges meant to cover supervision. Customs, territorial-waters or prohibited-goods regulations are not transcribed.
Recognised exceptions: public health and security, national emergency, a state of war, devastation from 1914–1918, sparsely populated territories. Disputes on interpretation go to the Permanent Court of International Justice. The register source is the UNTC LON page; the working text is LNTS volume 7.
Cover: Palau de la Generalitat, Barcelona, the conference city; no claim is made to the signing hall. Wikimedia Commons, free licence. The Palau Nacional on Montjuïc dates from 1929, so it is not the 1921 venue.
Sources consulted: Barcelona Convention and Statute on Freedom of Transit; Convention and Statute on Freedom of Transit (LNTS No. 171).
0 Comments
No comments on this article yet. Be the first!