¹ This JOURNAL, Supp., Vol. 43 (1949), pp. 53, 59, 159.

² The text of the Soviet memorandum is translated in the Current Digest of the Soviet Press, 1949, Vol. 1, No. 14, p. 31; also in the U.S.S.R. Information Bulletin, April 8,1949, pp. 205-206.

³ The question of other treaties concluded by Nationalist China received attention in the Common Program of the People's Political Consultative Council of China, which is the supreme body of the People's Democratic United Front and, until the convening of the All-Chinese People's Assembly, also the supreme assembly of the Chinese State. Art. 55 of this Program adopted on Oct. 1, 1949, says: “The Central People's Government of the People's Eepublic of China will study the treaties and agreements concluded between the Kuomintang and foreign governments and, depending upon their content,either will recognize, annul, re-examine or renew them.” (Quoted from the text printed by the Current Digest of the Soviet Press, 1949, Vol. 1, No. 41, p. 7.) This article promises an opportunistic policy towards international agreements, but repudiates nevertheless the rule of international law according to which a new government should respect all obligations contracted by preceding governments.

⁴ The English texts of the agreements forming the Soviet European network are to be found in U. S. Department of State, Documents and State Papers, Vol. 1, No. 4(July, 1948), pp. 227-249, and Vol. 1, Nos. 12 and 13 (March and April, 1949), pp.681-689 and 727. The English text of the Soviet-Chinese treaty was published in the New York Times, Feb. 15,1950, p. 11, and the TJ.S.S.R. Information Bulletin, Vol. X, No.4 (Feb. 24, 1950), p. 108; see also Supplement to this JOURNAL, p. 84. The Russian text of the same treaty was published in Pravda, Feb. 15, 1950.

⁵ The nine treaties following the formula of the Polish-Czechoslovak treaty with the addition of terms “directly or in any other way” are as follows: the Soviet-Eumanian,the Soviet-Hungarian, the Soviet-Bulgarian, the Polish-Hungarian, the Rumanian-Czechoslovak,the Polish-Rumanian, the Czechoslovak-Hungarian (Art. 2); the Czechoslovak-Bulgarian and the Hungarian-Bulgarian (Art. 3).

⁶ The six treaties using a more restricted formula are: the Soviet-Czechoslovak, the Soviet-Yugoslav, the Soviet-Polish, the Polish-Yugoslav, the Czechoslovak-Yugoslav and the Polish-Bulgarian. The ten with the flexible formula are: the Polish-Czechoslovak,the Soviet-Rumanian, the Soviet-Hungarian, the Soviet-Bulgarian, the Czechoslovak-Bulgarian, the Polish-Hungarian, the Hungarian-Bulgarian, the Bumanian-Czechoslovak,the Polish-Rumanian and the Czechoslovak-Hungarian.

⁷ i Quoted according to the French text published by the French Ministry of Foreign Affairs in Notes Documentaires et Etudes, No. 962, Textes Diplomatiques, LVT, pp. 4-5.

⁸ The wording of Art. 3 of the Rumanian-Hungarian treaty is reproduced in Art. 3 of the treaties between Yugoslavia and Hungary, Albania and Bulgaria, and Rumania and Bulgaria. The fifth treaty of the same class, namely the Yugoslav-Rumanian, expressed the same idea in a different manner: “Should one of the High Contracting Parties be drawn into hostilities with Germany, as the result of a revival of the latter's aggressive policy, or should it be attacked by a third state or several states with the aim of threatening its independence, enslaving it or taking away its territory, the other High Contracting Party will without delay lend it military and every other assistance by all available means.” (Art. 3.)

⁹ Art. 3 of the Albanian-Yugoslav treaty was worded almost identically.

¹⁰ See this JOURNAL, Supp., Vol. 36 (1942), p. 216.

¹¹ Ibid., Vol. 39 (1945), p. 83.

¹² Ibid., p. 81.

¹³ Art. 51 of the Charter: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”

¹⁴ Art. 3 of the Soviet-Czechoslovak treaty, Art. 2 of the Soviet-Yugoslav treaty and Art. 4 of the Soviet-Polish treaty.

¹⁵ Art. 1 of the Soviet-Finnish treaty, Art. 3 of the Polish-Yugoslav treaty, Art. 3 of the Rumanian-Bulgarian treaty, which uses the term “an act of aggression,” Art. 3 of the Rumanian-Hungarian treaty and Art. 2 of the Polish-Bulgarian treaty.

¹⁶ Art. 3 of the Czechoslovak-Yugoslav treaty, the Albanian-Yugoslav treaty, the Yugoslav-Bulgarian treaty, the Yugoslav-Hungarian treaty, the Albanian-Bulgarian treaty and the Yugoslav-Rumanian treaty.

¹⁷ Art. 2 of the Soviet-Rumanian and the Soviet-Bulgarian treaties, Art. 3 of the Czechoslovak-Polish, the Bulgarian-Hungarian, and the Czechoslovak-Bulgarian treaties, Art. 2 of the Polish-Hungarian, the Czechoslovak-Rumanian, the Polish-Rumanian and the Czechoslovak-Hungarian treaties, and Art. 2 of the Soviet-Hungarian treaty which defines the casus foederis in a confusing manner, using simultaneously the terms “aggressive policy,” “aggression,” “war” and “offensive."”

¹⁸ Article 53 of the Charter: “1 . The Security Council shall, where appropriate,utilize such regional arrangements or agencies for enforcement action under its authority.But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may,on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.

“ 2 . The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.”

Article 107 of the Charter: “Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.”

¹⁹ This JOURNAL, Supp., Vol. 40 (1946), p. 51.

²⁰ Art. 2, par. 4, of the U. N. Charter: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”

²¹ Article 52 of the Charter: “1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

“2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.

“3 . The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.

“4 . This Article in no way impairs the application of Articles 34 and 35.”

²² “The North Atlantic Treaty in the United States Senate,” by Richard H. Heindel,Thorsten V. Kalijarvi, and Francis O. Wilcox, this JOURNAL, Vol. 43 (1949), at pp.638-639.

²³ “Begionalism and Political Pacts, with Special Beference to the North Atlantic Treaty,” by E. N. van Kleffens, Ambassador of The Netherlands, in this JOURNAL, Vol.43 (1949), at p. 669.

²⁴ Art. 94, par. 2, of the Charter: “If any party to a ease fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.”

²⁵ Art. VII of the Soviet-British treaty: “Each High Contracting Party undertakes not to conclude any alliance and not to take part in any coalition directed against the other High Contracting Party. “Art. V of the Soviet-French treaty reproduces identical wording.

²⁶ Art. 5 of the Soviet-Czechoslovak treaty, Art. 4 of the Soviet-Yugoslav, Czechoslovak-Yugoslav, Yugoslav-Albanian, Czechoslovak-Polish, and Soviet-Finnish treaties,and Art. 6 of the Soviet-Polish treaty.

²⁷ Art. 3 of the Soviet-Hungarian, Polish-Bulgarian, Polish-Hungarian, and Polish-Bumanian treaties, and Art. 4 of the Yugoslav-Bulgarian, Yugoslav-Hungarian, Albanian-Bulgarian, Yugoslav-Bumanian, Bumanian-Bulgarian, Eumanian-Hungarian,Czechoslovak-Hungarian and Bumanian-Czechoslovak treaties.

²⁸ One finds practically the same wording in Art. 3 of the Soviet-Bulgarian and Soviet-Chinese treaties, and Art. 4 of the Czechoslovak-Bulgarian and Bulgarian-Hungarian treaties.

²⁹ Similar provisions are inserted in other treaties concluded between United Nations Members: Art. 4 of the Polish-Yugoslav, and Art. 2 of the Czechoslovak-Yugoslav treaties.

³⁰ Similar provisions are to be found in the following treaties concluded by the Soviet Union, Poland, Czechoslovakia and Yugoslavia with non-members which belong to the Soviet Bloc: Art. 2 of the Soviet-Eumanian, Soviet-Bulgarian, Soviet-Hungarian, Albanian-Yugoslav, Eumanian-Polish, and Bulgarian-Czechoslovak treaties, Art. 7 of the Bulgarian-Yugoslav treaty, and Art. 6 of the Hungarian-Yugoslav, Rumanian-Yugoslav,Bulgarian-Polish, Hungarian-Polish, and Rumanian-Czechoslovak treaties.

³¹ Similar provisions are contained in Art. 7 of the Bulgarian-Albanian and Rumanian-Bulgarian treaties.

³² The provisions corresponding to Art. 7 of the Bulgarian-Hungarian treaty are as follows: Art. 4 of the Polish-Yugoslav treaty, Art. 7 of the Bulgarian-Yugoslav, Albanian-Bulgarian and Rumanian-Bulgarian treaties, and Art. 6 of the Rumanian-Hungarian,Yugoslav-Bumanian, Hungarian-Yugoslav, Polish-Bulgarian and Bumanian-Czechoslovak treaties.

³³ Those treaties are: the Czechoslovak-Yugoslav, the Albanian-Yugoslav, the Polish-Czechoslovak, the Czechoslovak-Bulgarian, the Polish-Hungarian, the Polish-Bumanian and the Czechoslovak-Hungarian.

³⁴ Art. 2 of the Soviet-Polish treaty, Art. 5 of the Soviet-Bumanian, Soviet-Hungarian,and Soviet-Bulgarian treaties, and Art. 6 of the Soviet-Pinnish treaty. Also the Soviet-Chinese treaty contains the obligation mutually to respect the sovereignty and territorial integrity of the other contracting party, and not to interfere in the internal affairs of that party (Article 5).

³⁵ Provisions concerning mutual collaboration are to be found in the following articles of the other treaties: Arts. 1 and 2 of the Czechoslovak-Polish treaty; Arts. 3 and 5 of the Soviet-Finnish treaty; Arts. 1 and 5 of the Soviet-Rumanian, Soviet-Hungarian,Yugoslav-Hungarian, Yugoslav-Rumanian, Rumanian-Hungarian, Polish-Bulgarian, Polish-Hungarian, Rumanian-Czechoslovak, Polish-Rumanian, and Czechoslovak-Hungarian treaties; Arts. 1, 2 and 5 of the Czechoslovak-Yugoslav and Albanian-Yugoslav treaties; Arts. 1, 5 and 8 of the Yugoslav-Bulgarian, Bulgarian-Albanian, and Rumanian-Bulgarian treaties; and Arts. 1, 2 and 6 of the Bulgarian-Hungarian and Czechoslovak-Bulgarian treaties.

³⁶ The following articles of the other treaties concern consultation:Art. 2 of the Polish-Yugoslav, Yugoslav-Bulgarian, Yugoslav-Hungarian, Bulgarian-Albanian, Yugoslav-Eumanian and Eumanian-Hungarian treaties; Arts. 1 and 2 of the Bulgarian-Bumanian treaty; Art. 3 of the Czechoslovak-Hungarian and Bumanian-Czechoslovak treaties; Art. 4 of the Soviet-Bulgarian, Soviet-Hungarian, Polish-Bulgarian,Polish-Eumanian and Polish-Hungarian treaties; Art. 5 of the Czechoslovak-Bulgarian and Bulgarian-Hungarian treaties.

³⁷ The references to the Slavonic brotherhood are contained in the preambles to the Polish-Yugoslav, Polish-Czechoslovak, and Polish-Bulgarian treaties, and in the Bulgarian-Yugoslav treaty (Art. 1). For instance, the preamble of the Polish-Yugoslav treaty contained such a paragraph: “Desiring to strengthen the bonds of eternal friendship between the brotherly Slav nations of both states, particularly strengthened and established during the joint combat for freedom, independence and democracy against Germany and her allies during the past war...”

³⁸ The Soviet-Chinese treaty of mutual assistance was signed simultaneously with two other agreements dealing -with the financing by the Soviet Union of mutual trade, and with Soviet rights regarding the Manchurian railroads, Port Arthur and Dairen. It is beyond the scope of this article to comment on those two agreements.