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The council's request - Advisory Opinion No. II. 

was given only in regard to certain questions submitted by the Parties and therefore is binding only in so far as the said questions are concerned.

But it is Danzig's further contention that it is both the right and the duty of the High Commissioner, as an officia1 of the League of Nations, under the protection of which the Free City is placed, to examine, on his own initiative and independently of the Parties, the situation both in point of fact and of law, and to decide any dispute, either patent or latent, which may have come to his notice.
The true meaning of his decisions should therefore be determined having regard to these functions of the High Commissioner. The Court cannot regard this contention as well founded. It has already been stated that the general principle laid down in Article 103, paragraph 2, of the Treaty of Versailles on which Danzig mainly relies-must be taken in connection with Article 39 of the Paris Convention. From these provisions it is quite
clear that the functions of the High Commissioner are of a judicial character and are limited to deciding questions submitted by one or other of the Parties. The High Commissioner, therefore, had no authority to decide questions which the Parties had not submitted to him ; and his decision should, if possible, be construed as being in conformity with the powers conferred upon him. In the present case, however, it is not necessary to apply this principle. The decision of May 25th, 1922, by its very terms, was confined to the questions submitted by the Parties. No reference was made to the Polish postal service being confined within its premises or its use being limited to Polish authorities and offices ; letter-boxes and postmen are not mentioned in any part of the decision. The Court does not, however, attach particular importance to this fact ; for the exclusion of letter-boxes and postmen might possibly follow from the general exclusion of postal activities outside the building. But the Court is of opinion that a general question concerning the activities of the Polish postal service outside its premises was neither submitted to the High Commissioner nor decided by him.
Of the operative portion of the decision (dispositif), which is to be found in paragraph 15, only clauses I and 3 cal1 for notice in this connection.
Clause I is to the effect that Danzig must provide Poland with the means of establishing a postal service in the vicinity of the port

The council's request - Advisory Opinion No. II, page 26.


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