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Danzig-Polish Post Office Dispute 1925

drawn by the Harbour Board—and later on accepted by the High Commissioner—not for the purpose of delimiting an area within which the Board has general powers, but for the purpose of indicating the area within which the railway lines with certain exceptions are to be considered principally to serve the port. The fact that a railway principally serves the port does not imply that it is situated in an area which, as a whole, is to be considered as belonging to the port. The decision of the 15^th August, 1921, leaves therefore the question as to the territorial limits of the port of Danzig for postal purposes entirely open.

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The Court must now proceed to consider whether there is in force any decision by General Haking which disposes of the points (a) and (b) in question 2 in the manner stated in paragraph 18 of the present. High Commissioner’s decision of February 2^nd, 1925, or in some other manner, and, if so, whether such decision prevents reconsideration by the High Commissioner or the Council of the League of Nations of all or any of the points at issue. The second part of this question need only be considered if the first part is answered in the affirmative.

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Article 103, paragraph 2, of the Treaty of Versailles provides that:

“the High Commissioner will also be entrusted with the duty of dealing in the first instance with all differences arising between Poland and the Free City of Danzig in regard to this Treaty or any arrangements or agreements made thereunder.”

This provision was evidently intended to lay down a general principle to be developed and completed by subsequent rules. These rules are to be found in Article 39 of the Paris Convention of November 9^th, 1920, which runs as follows:

“Any differences arising between Poland and the Free City of Danzig in regard to the present Treaty or to any other subsequent agreements, arrangements or conventions, or to any matter affecting the relations between Poland and the Free City, shall be submitted by one or the other party to the decision of the High commissioner, who shall,

Danzig-Polish Post Office Dispute, Seite 19.