Mar 29 2010

Treaty of Peace



original source: www.austlii.edu.au/au/other/dfat/treaties/1948/2.html (Download PDF)

 

copy of the Treaty of Peace with Italy (february 10, 1947), official version, including only the articles referring to the constitution of the Free Territory of Trieste

TREATY OF PEACE WITH ITALY

The Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, China, France, Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, Czechoslovakia, Ethiopia, Greece, India, the Netherlands, New Zealand, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa, and the People’s Federal Republic of Yugoslavia, hereinafter referred to as “the Allied and Associated Powers”, of the one part, and Italy, of the other part:

WHEREAS Italy under the Fascist régime became a party to the Tripartite Pact with Germany and Japan, undertook a war of aggression and thereby provoked a state of war with all the Allied and Associated Powers and with other United Nations, and bears her share of responsibility for the war; and

WHEREAS in consequence of the victories of the Allied forces, and with the assistance of the democratic elements of the Italian people, the Fascist régime in Italy was overthrown on 25 July 1943, and Italy, having surrendered unconditionally, signed terms of Armistice 3 and 29 September of the same year; and

WHEREAS after the said Armistice Italian armed forces, both of the Government and of the Resistance Movement, took an active part in the war against Germany, and Italy declared war on Germany as from 13 October 1943 and thereby became a co-belligerent against Germany; and

WHEREAS the Allied and Associated Powers and Italy are desirous of concluding a treaty of peace which, in conformity with the principles of justice, will settle questions still outstanding as a result of the events hereinbefore recited and will form the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Italy’s application to become a member of the United Nations and also to adhere to any convention concluded under the auspices of the United Nations;

HAVE THEREFORE AGREED to declare the cessation of the state of war and for this purpose to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:

The former twenty countries have meanwhile become thirty-eight, since the Union of Soviet Socialist Republics, the People’s Federal Republic of Yugoslavia and Czechoslovakia have split up in several new nations.

PART I

TERRITORIAL CLAUSES

  1. SECTION I

FRONTIERS

The description of the border line dividing the Free Territory, Italy and Yugoslavia according to the present Treaty is based on maps of the Fascist régime since at that time maps in Slovenian or Croatian no longer existed due to the racial laws. Therefore, all villages, mountains and rivers are marked only with their Italian name (see also map on the web-site), while all maps of the pre-Fascist period were written in Slovenian, Italian, Croatian, German and Hungarian.

 

 

  • Article 4

 

The frontier between Italy and the Free Territory of Trieste shall be fixed as follows:

(i) The line starts from a point on the administrative boundary between the provinces of Gorizia and Trieste approximately 2 kilometres northeast of the village of San Giovanni and approximately 0.5 kilometre northwest of point 208, forming the junction of the frontiers of Yugoslavia, Italy and the Free Territory of Trieste, and runs southwestward to a point adjacent to Highway No. 14 and approximately 1 kilometre northwest of the junction between Highways Nos. 55 and 14, respectively running from Gorizia and Monfalcone to Trieste;

(ii) The line then extends in a southerly direction to a point, in the Gulf of Panzano, equidistant from Punta Sdobba at the mouth of the Isonzo (Soca) river and Castello Vecchio at Duino, about 3.3 kilometres south from the point where it departs from the coastline approximately 2 kilometres northwest of the town of Duino;

(iii) The line then reaches the high seas by following a line placed equidistant from the coastlines of Italy and the Free Territory of Trieste.
The map to which this description refers forms part of Annex I.

  1. SECTION III

FREE TERRITORY OF TRIESTE

The Russian version of the Treaty of Peace with Italy contains the following note:
“On October 5th, 1954 a Treaty regarding the division of the Free Territory of Trieste between Italy and Yugoslavia was signed in London. The letter of October 13th, 1954 sent to the President of the Security Council by the Soviet Permanent Representative to the United Nations states that the Soviet government considers this Treaty a contribution to establishing normal relationships between Yugoslavia and Italy and easing the current tensions in Europe”.
Source: http://lawrussia.ru

  • Article 21

1. There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in Articles 4 and 22 of the present Treaty. The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agree that its integrity and independence shall be assured by the Security Council of the United Nations.

2. Italian sovereignty over the area constituting the Free Territory of Trieste, as above defined, shall be terminated upon the coming into force of the present Treaty.

3. On the termination of Italian sovereignty, the Free Territory of Trieste shall be governed in accordance with an instrument for a provisional régime drafted by the Council of Foreign Ministers and approved by the Security Council. This Instrument shall remain in force until such date as the Security Council shall fix for the coming into force of the Permanent Statute which shall have been approved by it. The Free Territory shall thenceforth be governed by the provisions of such Permanent Statute. The texts of the Permanent Statute and of the Instrument for the Provisional Regime are contained in Annexes VI and VII.

4. The Free Territory of Trieste shall not be considered as ceded territory within the meaning of Article 19 and Annex XIV of the present Treaty.

5. Italy and Yugoslavia undertake to give to the Free Territory of Trieste the guarantees set out in Annex IX.

The maps contained in Annex I to the Treaty of Peace with Italy were endorsed in December 1946. The Annexes VI, VII and VIII, i.e. the Permanent Statute for the FTT, the Provisional Régime for the FTT and the Instrument for the FPT, were approved by the Security Council of the Organization of the United Nations in New York on January 10th, 1947.
The Treaty of Peace with Italy was signed in Paris on February 10th, 1947 and came into force on September, 15th 1947.
Therefore, the FTT and the FPT had been defined as NATIONS in their own right one month before the Treaty was signed and seven months before it became effective.

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  • Article 22

 

The frontier between Yugoslavia and the Free Territory of Trieste shall be fixed as follows:

(i) The line starts from a point on the administrative boundary between the provinces of Gorizia and Trieste, approximately 2 kilometres northeast of the village of San Giovanni and approximately 0.5 kilometre northwest of point 208, forming the junction of the frontiers of Yugoslavia, Italy and the Free Territory of Trieste, and follows this administrative boundary as far as Monte Lanaro (point 546); thence it extends southeastward as far as Monte Cocusso (point 672) through point 461, Meducia (point 475), Monte dei Pini (point 476) and point 407, crossing Highway No. 58, from Trieste to Sesana, about 3.3 kilometres to the southwest of this town, and leaving the villages of Vogliano and Orle to the east, and at approximately 0.4 kilometre to the west, the village of Zolla.

(ii) From Monte Cocusso, the line, continuing southeastward leaving the village of Grozzana to the west, reaches Monte Goli (point 621), then turning southwestward, crosses the road from Trieste to Cosina at point 455 and the railway at point 485, passes by points 416 and 326, leaving the villages of Beco and Castel in Yugoslav territory, crosses the road from Ospo to Gabrovizza d’Istria about 100 metres to the southeast of Ospo; then crosses the river Risana and the road from Villa Decani to Risano at a point about 350 metres west of the latter village, the village of Rosario and the road from Risano to San Sergio being left in Yugoslav territory; from this point the line proceeds as far as the cross roads situated about 1 kilometre northeastward of point 362, passing by points 285 and 354.

 

(iii) Thence, the line runs as far as a point about 0.5 kilometre east of the village of Cernova, crossing the river Dragogna about 1 kilometre north of this village, leaving the villages of Bucciai and Truscolo to the west and the village of Tersecco to the east, it then runs southwestward to the southeast of the road connecting the villages of Cernova and Chervoi, leaving this road 0.8 kilometre to the east of the village of Cucciani; it then runs in a general south-southwesterly direction, passing about 0.4 kilometre east of Monte Braico and at about 0.4 kilometre west of the village of Sterna Filaria, leaving the road running from this village to Piemonte to the east, passing about 0.4 kilometre west of the town of Piemonte and about 0.5 kilometre east of the town of Castagna and reaching the river Quieto at a point approximately 1.6 kilometre southwest of the town of Castagna.

(iv) Thence the line follows the main improved channel of the Quieto to its mouth, passing through Porto del Quieto to the high seas by following a line placed equidistant from the coastlines of the Free Territory of Trieste and Yugoslavia.
The map to which this description refers forms part of Annex I.

  • Article 78

1. In so far as Italy has not already done so, Italy shall restore all legal rights and interests in Italy of the United Nations and their nationals as they existed on 10 June 1940 and shall return all property in Italy of the United Nations and their nationals as it now exists.

2. The Italian Government undertakes that all property, rights and interests passing under this Article shall be restored free of all encumbrances and charges of any kind to which they may have become subject as a result of the war and without the imposition
of any charges by the Italian Government in connection with their return. The Italian Government shall nullify all measures, including seizures, sequestration or control, taken by it against United Nations property between 10 June 1940 and the coming into force of the present Treaty. In cases where the property has not been returned within six months from the corning into force of the present Treaty, application shall be made to the Italian authorities not later than twelve months from the coming into force of the present Treaty, except in cases in which the claimant is able to show that he could not file his application within this period.

3. The Italian Government shall invalidate transfers involving property, rights and interests of any description belonging to United Nations nationals, where such transfers resulted from force or duress exerted by Axis Governments or their agencies during the war.

4. (a) The Italian Government shall be responsible for the restoration to complete good order of the property returned to United Nations nationals under paragraph 1 of this Article. In cases where property cannot be returned or where, as a result of the war, a
United Nations national has suffered a loss by reason of injury or damage to property in Italy, he shall receive from the Italian Government compensation in lire to the extent of two-thirds of the sum necessary, at the date of payment, to purchase similar
property or to make good the loss suffered. In no event shall United Nations nationals receive less favourable treatment with respect to compensation than that accorded to Italian nationals.
(b) United Nations nationals who hold, directly or indirectly, ownership interests in corporations or associations which are not United Nations nationals within the meaning of paragraph 9(a) of this Article, but which have suffered a loss by reason of injury or damage to property in Italy, shall receive compensation in accordance with sub-paragraph (a) above. This compensation shall be calculated on the basis of the total loss or damage suffered by the corporation or association and shall bear the same proportion to such loss or damage as the beneficial interests of such nationals in the corporation or association bear to the total capital thereof.
(c) Compensation shall be paid free of any levies, taxes or other charges. It shall be freely usable in Italy but shall be subject to the foreign exchange control regulations which may be in force in Italy from time to time.
(d) The Italian Government shall grant United Nations nationals an indemnity in lire at the same rate as provided in sub-paragraph (a) above to compensate them for the loss or damage due to special measures applied to their property during the war, and which were not applicable to Italian property. This sub-paragraph does not apply to a loss of profit.

5. All reasonable expenses incurred in Italy in establishing claims, including the assessment of loss or damage, shall be borne by the Italian Government.
6. United Nations nationals and their property shall be exempted from any exceptional taxes, levies or imposts imposed on their capital assets in Italy by the Italian Government or any Italian authority between 3 September 1943 and the coming into
force of the present Treaty for the specific purpose of meeting charges arising out of the war or of meeting the costs of occupying forces or of reparation payable to any of the United Nations. Any sums which have been so paid shall be refunded.

7. Notwithstanding the territorial transfers provided in the present Treaty, Italy shall continue to be responsible for loss or damage sustained during the war by property in ceded territory or in the Free Territory of Trieste belonging to United Nations nationals.
The obligations contained in paragraphs 3, 4, 5 and 6 of this Article shall also rest on the Italian Government in regard to property in ceded territory and in the Free Territory of Trieste of United Nations nationals except in so far as this would conflict with the
provisions of paragraph 14 of Annex X and paragraph 14 of Annex XIV of the present Treaty.

8. The owner of the property concerned and the Italian Government may agree upon arrangements in lieu of the provisions of this Article.

9. As used in this Article:
(a) “United Nations nationals”’ means individuals who are nationals of any of the United Nations, or corporations or associations organised under the laws of any of the United Nations, at the coming into force of the present Treaty, provided that the said
individuals, corporations or associations also had this status on 3 September 1943, the date of the Armistice with Italy.
The term “United Nations nationals” also includes all individuals, corporations or associations which, under the laws in force in Italy during the war, have been treated as enemy;
(b) “Owner” means the United Nations national, as defined in sub-paragraph (a) above, who is entitled to the property in question, and includes a successor of the owner, provided that the successor is also a United Nations national as defined in subparagraph
(a). If the successor has purchased the property in its damaged state, the transferor shall retain his rights to compensation under this Article, without prejudice to obligations between the transferor and the purchaser under domestic law;
(c) “Property” means all movable or immovable property, whether tangible or intangible, including industrial, literary and artistic property, as well as all rights or interests of any kind in property. Without prejudice to the generality of the foregoing provisions, the property of the United Nations and their nationals includes all seagoing and river vessels, together with their gear and equipment, which were either owned by United Nations or their nationals, or registered in the territory of one of the United Nations, or sailed under the flag of one of the United Nations and which, after 10 June 1940, while in Italian waters, or after they had been forcibly brought into Italian waters, either were placed under the control of the Italian authorities as enemy property or ceased to be at the free disposal in Italy of the United Nations or their nationals, as a result of measures of control taken by the Italian authorities in relation to the existence of a state of war between members of the United Nations and Germany.

The words “United Nation nationals” relate to all the citizens of the Allied and Associated Powers during or soon after World War II, that is the kernel of the Organization of the United Nations. “United Nation nationals” are considered also all the persons residing in the territories ceded by Italy and all the citizens, companies and associations coming from the FTT, since the FTT had been recognized (better: recognized again) as a nation in its own right and member of the ONU one month before the signing of the Treaty of Peace, as provided by the 16th Resolution of the United Nations of January 10th, 1947.

  • Article 88

1. Any member of the United Nations, not a signatory to the present Treaty, which is at war with Italy, and Albania, may accede to the Treaty and upon accession shall be deemed to be an Associated Power for the purposes of the Treaty.

The Free Territory and the Free Port of Trieste, which form together the International Nation of Trieste, are recognized by the Organization of the United Nations because they were approved by the 16th Resolution of the Security Council and because the Security Council assures the integrity, neutrality and demilitarization of these two nations (see Permanent Statute for the FTT, Annex VI, articles 1-3).
The reasons for this recognition are to be found in the period of the Austrian-Hungarian Empire, when the “Kronland Triest” was recognized as a city-state within the Empire in the same way as all other nations belonging to it.
The annulment of the Treaty of Rapallo (1920) by the present Treaty of Peace (see article 1) put an end to Italy’s and Yugoslavia’s territorial claims following the annexation of Trieste first to the Italian Kingdom and later to the Fascist Italy (as well as to the Nazi Germany in 1943-45), in order to give this multi-ethnic nation back to the native population of Trieste.

2. Instruments of accession shall be deposited with the Government of the French Republic and shall take effect upon deposit.

  • Article 89

The provisions of the present Treaty shall not confer any rights or benefits on any State named in the Preamble as one of the Allied and Associated Powers or on its nationals until such State becomes a party to the Treaty by deposit of its instrument of ratification.

  • Article 90

The present Treaty, of which the French, English and Russian texts are authentic, shall be ratified by the Allied and Associated Powers. It shall also be ratified by Italy. It shall come into force immediately upon the deposit of ratifications by the Union of Soviet Socialist Republics, by the United Kingdom of Great Britain and Northern Ireland, by the United States of America, and by France.The instruments of ratification shall, in the shortest time possible, be deposited with the Government of the French Republic.
With respect to each Allied or Associated Power whose instrument of ratification is thereafter deposited the Treaty shall come into force upon the date of deposit. The present Treaty shall be deposited in the archives of the Government of the French Republic, which shall furnish certified copies to each of the signatory States.

IN FAITH WHEREOF
the undersigned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.
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  1. ANNEX I

MAPS TO ACCOMPANY THE PEACE TREATY WITH ITALY

[Maps not reproduced here - see UNTS 50.]