Treaty of Versailles extra-European Territorial Changes

Versailles Treaty: Germany renounces extra-European possessions

Germany is required to renounce generally and specifically all her extra-European possessions. The general clause of renunciation leaves the titles in the air, but Germany undertakes to recognize and conform to the measures which may be taken by the Powers in connection therewith. Generally it is provided (Art. 118. 9) that, in territory outside her European frontiers as fixed by the present treaty, Germany renounces all rights, titles and privileges whatever in or over territory which belonged to her or to her allies, and all rights, titles and privileges whatever their origin which she held as against the Allied and Associated Powers.

Specifically, Germany renounces in favor of the Principal Allies and Associated Powers all her rights and titles over her oversea possessions (Art. 119), and declares that, All movable and immovable property in such territories belonging to the German Empire or to any German State shall pass to the government exercising authority over such territories, on the terms laid down in Article 257 of Part IX of the present treaty (Art. 120). These provisions, which refer to the former German colonies, are followed by articles which transfer German rights and interests in certain small states which participated in the war to the extent of their capacities, to such states.

Therefore, all treaties, conventions and agreements between Germany and Siam, and all rights, titles and privileges derived therefrom, including all rights of extra-territorial jurisdiction, terminate as from July 22, 1917, and, all goods and property in Siam belonging to the German Empire or to any German State, with the exception of premises used as diplomatic or consular residences or offices, pass ipso facto and without compensation to the Siamese State”(Arts. 135, 136). So German property in Egypt passes to the Egyptian Government (Art. 153), and that in the Sherifian Empire to the Maghzen without payment (Art. 144).

Territorial Changes in Asia

German state property in the British concessions in Canton is renounced in favor of the British Government and the property of the German school situated in the French concession at Shanghai goes conjointly to the French and Chinese Governments (Art. 134). Where Japanese claims were not involved, China was given the same consideration as Siam and the other minor belligerent states and protectorates.

The specific advantages gained by China were:

1. The renunciation by Germany in (China) favor of all benefits and privileges resulting from the final Protocol signed at Peking on September 7, 1901, and from all annexes, notes and documents supplementary thereto, and of all claim to indemnities thereunder subsequent to March 14, 1917 (Art. 128).

2. After the treaty comes into force the high contracting parties will apply, in so far as concerns them respectively,

(a) The arrangement of August 29, 1902, regarding the new Chinese Customs Tariff.

(b) The arrangement of September 27, 1905, regarding Whangpoo and the provisional supplementary arrangement of April 4, 1912; China is no longer required to grant to Germany the advantages or privileges which she allowed (China) under this arrangement (Art. 129).

(c) The leases from the Chinese Government held under concessions at Hankow and Tientsin are abrogated, and upon regaining her full sovereign rights therein China declares her intention of opening the territory to international residence and trade (Arts. 130, 132).

(d) The astronomical instruments which formed a part of the loot carried away by the German troops in 1901 are to be returned and installed at Peking.

(e) Subject to the Shantung provisions of the treaty, Germany cedes to China all the buildings, wharves and pontoons, barracks, forts, arms and munitions of war, vessels of all kinds, wireless telegraphy installations and other public property belonging to the German Government [except that used for diplomatic residences and consular premises or offices] which are situated or may be in the German concessions at Tientsin and Hankow or elsewhere in Chinese territory (Art. 130). But the German property situated within the Legation Quarters at Peking may not be disposed of without the consent of the diplomatic representatives of the Powers which at the coming into effect of the Treaty of Peace remain parties to the Final Protocol of September 7, 1901.

(f) Germany waives all claims against the Chinese Government or against any Allied or Associated Government arising out of the internment of German nationals in China and their repatriation. (Germany) equally renounces all claims arising out of the capture and condemnation of German ships in China, or the liquidation, sequestration or control of German properties, rights and interests in that country since August 14, 1917. This provision, however, shall not affect the rights of the parties interested in the proceeds of any such liquidation which shall be governed by the economic clauses of the Treaty (Art. 133).

Shantung

In the classification of (above) subjects Shantung is treated as a separate topic. The Germans’ rights, privileges and property are disposed of in the following articles:

Article 156

Article 156: “Germany renounces, in favor of Japan all her rights, title and privileges-particularly those concerning the territory of Kiaochow, railways, mines and submarine cables-which she acquired in virtue of the treaty concluded by her with China on March 6, 1898, and of all other arrangements relative to the Province of Shantung. All German rights in the Tsingtao-Tsinanfu Railway, including its branch lines, together with its subsidiary property of all kinds, stations, shops, fixed and rolling stock, mines, plant and material for the exploitation of the mines, are and remain acquired by Japan, together with all rights and privileges attaching thereto. The German State submarine cables from Tsingtao to Shanghai and from Tsingtao to Chefoo, with all the rights, privileges and properties attaching thereto, are similarly acquired by Japan, free and clear of all charges and encumbrances.”

Article 157

Article 157: “The movable and immovable property owned by the German State in the territory of Kiaochow, as well as all the rights which Germany might claim in consequence of the works or improvements made or of the expenses incurred by her, directly or indirectly, in connection with this territory, are and remain acquired by Japan, free and clear of all charges and encumbrances.”

Article 158

Article 158: “Germany shall hand over to Japan within three months from the coming into force of the present treaty the archives, registers, plans, title-deeds and documents of every kind, wherever they may be, relating to the administration, whether civil, military, financial, judicial or other, of the territory of Kiaochow. Within the same period Germany shall give particulars to Japan of all treaties, arrangements or agreements relating to the rights, title or privileges referred to in the two preceding articles. Under the foregoing provisions of the treaty Japan can properly acquire neither more nor less than what Germany had when the war commenced, and anything in the Province of Shantung permanently withheld by Japan from China is taken from China. The sacrifice and expenses incurred by Japan in expelling the Germans from Shantung, about which so much has been said, are properly charge- able against Germany or the Allies and not against China who was then a friendly neutral. The transfer of German interests in Shantung to Japan instead of to the state from which they were acquired and in which the prop- erty is located constitutes an exception to the principle applied to all other German rights and interests outside of Germany.” (1)

Resources

Notes and References

1. Charles Burke Elliott, The Shantung Question, The American Journal of International Law, Vol. 13, No. 4 (Oct., 1919), pp. 687-737

See Also

Treaty of Versailles
Shantung
Treaties