lozan antlaşması

• article 78.
  
  all disputes which already exist, or may arise within the period of six months mentioned below, relating to contracts, other than concessionary contracts, between parties who subsequently became enemies, shall be determined by the mixed arbitral tribunal, with the exception of disputes which, in accordance with the laws of neutral powers are within the competence of the national courts of those powers. in the latter case, such disputes shall be determined by the said national courts, to the exclusion of the mixed arbitral tribunal. applications relating to disputes which, under this article, are within the competence of the mixed arbitral tribunal, must be presented to the said tribunal within a period of six months from the date of its establishment.
  
  after the expiration of this period, disputes which have not been submitted to the mixed arbitral tribunal shall be determined by the competent courts in accordance with the ordinary law.
  
  the provisions of this article do not apply to cases in which all the parties to the contract resided in the same country during the war and there freely disposed of their persons and their property, nor to disputes in respect of which judgment was given by a competent court before the date on which the parties became enemies.
  
  article 79.
  
  all periods whatever of prescription or limitation of right of action, whether they began to run before or after the outbreak of war, shall be treated, in the territory of the high contracting parties so far as regards relations between enemies, as having been suspended from the 29th october, i9i4, until the expiration of three months after the coming into force of the present treaty.
  
  this provision applies, in particular, to periods of time allowed for the presentation of interest or dividend coupons, or for the presentation for payment of securities drawn for redemption or repayable on any other ground.
  
  as regards roumania, the above-mentioned periods shall be considered as having been suspended as from the 27th august 19i6.
  
  article 80.
  
  as between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payrnent, or to give notice of non-acceptance or non-payment to drawers or endorsers, or to protest the instrument, nor by reason of failure to complete any formality during the war.
  
  when the period within which a negotiable instrument should have been presented for acceptance or payment, or within which notice of non-acceptance or non-payment should have been given to the drawers or endorsers, or within which the instrument should have been protested, has expired during the war, and when the party who should have presented or protested the instrument or given notice of non-acceptance or non-payment, has failed to do so during the war, a period of three months from the coming into force of the present treaty shall be allowed within which the presentation, notice of non-acceptance or non-payment, or protest may be made.
  
  article 81.
  
  sales effected during the war in order to realise pledges or mortgages created before the war as security for debts which have become payable, shall be deemed valid, although it may not have been possible to perform all the formalities required for notifying the debtor, subject to the express right of the said debtor to summon the creditor before the mixed arbitral tribunal to render accounts, failing which the creditor will be liable to be cast in damages.
  
  it shall be the duty of the mixed arbitral tribunal to settle the accounts between the parties, to investigate the conditions under which the property pledged or mortgaged was sold, and to order the creditor to make good any loss suffered by the debtor as a result of the sale if the creditor acted in bad faith or if he did not take all steps in his power to avoid having recourse to a sale or to cause the sale to be conducted in such conditions as to ensure the realisation of a fair price.
  
  the present provision is applicable only between enemies and does not extend to transactions referred to above which may have been carried out after the ist may, 1923.
  
  article 82.
  
  for the purposes of the present section, the parties to a contract shall be regarded as enemies from the date on which trading between them became impossible in fact or was prohibited or became unlawful under laws, orders or regulations to which one of the parties was subject.
  
  by way of exception to articles 73-75, 79 and 80, contracts shall be governed by the ordinary law if they were concluded within the territory of one of the high contracting parties between enemies (including companies) or their agents, if this territory was an enemy country for one of the contracting parties who remained there during the war and was there able to dispose freely of his person and property.
  
  article 83.
  
  the provisions of this section do not apply between japan and turkey; matters dealt with in this section shall, in both of these countries, be determined in accordance with the local law.
  
  annex.
  i.life assurance.
  paragraph i.
  
  life assurance contracts entered into between an insurer and a person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war or by the fact of the person becoming an enemy.
  
  every sum which, during the war, became due upon a contract deemed not to have been dissolved in accordance with the preceding paragraph, shall be recoverable after the war. this sum shall be increased by interest at 5 per cent. per annum from the date of its becoming due up to the day of payment.
  
  if the contract has lapsed during the war, owing to non-payment of premiums or has become void from breach of the conditions of the contract, the assured, or his representatives, or the persons entitled, shall have the right at any moment within twelve months from the coming into force of the present treaty to claim from the insurer the surrender value of the policy at the date of its lapse or annulation, together with interest at 5 per cent. per annum.
  
  turkish nationals whose life insurance contracts entered into before the 29th october, 1914, have been cancelled or reduced before the treaty for non-payment of premiums in accordance with the provisions of the said contracts, shall have the right, within three months from the coming into force of the present treaty, if they are still alive, to restore their policies for the whole of the amount assured. for this purpose they must, after having undergone a medical examination by the doctor of the company, the result of which the company considers satisfactory, pay the premiums in arrear with compound interest at 5 per cent.
  
  paragraph 2.
  
  it is understood that life assurance contracts in money other than the turkish pound, entered into before the 29th october, 19i4, between companies possessing the nationality of an allied power and turkish nationals, in respect of which the premiums have been paid before and after the 18th november, 1915, or even only before that date, shall be regulated, first, by determining the rights of the assured in accordance with the general conditions of the policy for the period before the 18th november, 1915, in the currency stipulated in the contract at the current rate in its country of origin (for example, every amount stipulated in francs, in gold francs, or in "francs effectifs" will be paid in french francs), secondly, for the period after the 18th november, 19i5, in turkish pounds paper-the turkish pound being taken at the pre-war par value.
  
  if turkish nationals whose contracts were entered into in currency other than turkish currency show that they have continued to pay their premiums since the 18th november, 1915, in the currency stipulated in the contracts, the said contracts shall be settled in the same currency at the current rate in its country of origin, even for the periocl after the 18th november, 19i5.
  
  turkish nationals whose contracts, entered into before the 29th october, 1914, in currency other than turkish currency with companies possessing the nationality of an allied power are, owing to payment of premiums, still in force, shall have the right within three months after the coming into force of the present treaty to restore their policies for the full amount, in the currency stipulated in their contract, at the current rate in its country of origin. for this purpose they must pay in this currency the premiums which have become due since the 18th november, 1915. on the other hand, the premiums actually paid by them in turkish pounds paper since that date will be repaid to them in the same currency.
  
  paragraph 3.
  
  as regards insurances in turkish pounds, settlement shall be made in turkish pounds paper.
  
  paragraph 4.
  
  the provisions of paragraphs 2 and 3 do not apply to policy holders who, by an express agreement, have already settled with the insurance companies the fixation of the value of their policies and the method of payment of their premiums, nor to those whose policies shall have been finally settled at the date of the coming into force of the present treaty.
  
  paragraph 5.
  
  for the purposes of the preceding paragraphs, insurance contracts shall be considered as contracts of life insurance when they depend on the probabilities of human life, combined with the rate of interest, for the calculation of the reciprocal engagement between the two parties.
  
  ii. marine insurance.
  
  paragraph 6.
  
  subject to the provisions therein contained, contracts of marine insurance will not be deemed to have been dissolved where the risk had attached before the parties became enemies, but the policy shall not be deemed to cover losses due to belligerent action by the power of which the insurer was a national or by the allies of that power.
  
  iii.fire and other insurances.
  
  paragraph 7.
  
  subject to the reserve contained in the preceding paragraph, fire insurance contracts and all other forms of insurance contracts are not deemed to be dissolved.
  
  section iii.
  
  debts.
  
  article 84.
  
  the high contracting parties are in agreement in recognising that debts which were payable before the war or which became payable during the war under contracts entered into before the war, and which remained unpaid owing to the war, must be settled and paid, in accordance with the provisions of the contracts, in the currency agreed upon, at the rate current in its country of origin.
  
  without prejudice to the provisions of the annex to section ii of this part, it is agreed that where payments to be made under a pre-war contract are represented by sums collected during the war in whole or in part in a currency other than that mentioned in the said contract, such payments can be made by handing over the sums actually collected, in the currency in which they were collected. this provision shall not affect settlements inconsistent with the foregoing provisions arrived at by voluntary agreement between the parties before the coming into force of the present treaty.
  
  article 85.
  
  the ottoman public debt is by general agreement left outside the scope of.this section and of the other sections of this part (economic clauses).
  
  section iv.
  
  industrial,literary and artistic property.
  
  article 86.
  
  subject to the stipulations of the present treaty, rights of industrial, literary and artistic property as they existed on the 1st august, i9i4, in accordance with the law of each of the contracting countries, shall be re-established or restored as from the coming into force of the present treaty in the territories of the high contracting parties in favour of the persons entitled to the benefit of them at the moment when the state of war commenced, or of their legal representatives. equally, rights which, but for the war, could have been acquired during the war, by means of an application legally made for the protection of industrial property or of the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present treaty.
  
  without prejudice to the rights which are required to be restored in accordance with the above provision, all acts (including the grant of licences) done by virtue of the special measures taken during the war by a legislative, executive or administrative authority of an allied power in regard to the rights of turkish nationals in respect of industrial, literary or artistic property, shall remain in force and continue to have their full effect. this provision applies mutatis mutandis to corresponding measures taken by turkish authorities in regard to the rights of the nationals of any allied power.
  
  article 87.
  
  a minimum of one year from the coming into force of the present treaty shall be granted, without surtax or penalty of any kind, to turkish nationals in the territory of each of the other contracting powers, and to the nationals of these powers in turkey, within which they may accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws and regulations of the respective states for preserving or obtaining or opposing the grant of rights to industriai property which had already been acquired on the 1st august, i9i4, or which, but for the war, might have been acquired since that date by means of an application made before or during the war.
  
  rights to industrial property which have lapsed by reason of any failure to accomplish any act, fulfil any formality, or pay any fees shall be revived, but subject, in the case of patents and designs, to the adoption of such measures as each power may deem reasonably necessary for the protection of the rights of third parties who have exploited or made use of patents or designs since they had lapsed.
  
  the period from the 1st august, 19i4, until the coming into force of the present treaty shall be excluded in calculating the time within which a patent has to be exploited or a trade-mark or design used, and it is further agreed that no patent, trade-mark or design in force on the 1st august, 19i4, shall be subject to revocation or cancellation by reason only of the failure to exploit such patent or use such trade-mark or design, for two years after the coming into force of the present treaty.
  
  article 88.
  
  no action shall be brought and no claim made on the one hand by turkish nationals or persons residing or carrying on business in turkey, and on the other hand by nationals of the allied powers or persons residing or carrying on their business in the territory of these powers, nor by third parties having derived title during the war from such persons, by reason of any occurrence which has taken place within the territory of the other party, between the date of the beginning of a state of war and that of the coming into force of the present treaty, which might tve held to constitute an infringement of rights of industrial property or rights of literary or artistic property either existing at any time during the war, or revived under the provisions of article 86.
  
  among the occurrences referred to above are included the use by the governments of the high contracting parties, or by any person acting on their behalf, or with their consent, of rights of industrial, literary or artistic property, as well as the sale, the offering for sale or the use of products, apparatus, or any articles whatsoever to which these rights apply.
  
  article 89.
  
  licences for the use of industrial property, or for the reproduction of literary or artistic works, granted before the war by or to nationals of the allied powers or persons residing in their territories or carrying on business therein, on the one hand, to or by turkish nationals on the other hand, shall be considered as cancelled as from the date of the beginning of a state of war between turkey and the allied power concerned. but in any case, the former beneficiary of a licence of this kind shall have the right within a period of six months from the coming into force of the present treaty to require from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the mixed arbitral tribunal referred to in section v of this part. the tribunal shall have the power, where the circumstances demand it, to fix at the same time the amount which it considers fair payment for the use of the property during the war.
  
  article 90
  
  the inhabitants of territories detached from turkey under the present treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue in complete enjoyment in turkey of all the rights in industrial, literary and artistic property to which they were entitled under ottoman law at the time of transfer.
  
  rights of industrial, literary and artistic property which are in existence in territories detached from turkey under the present treaty at the time of separation, or which are re-established or restored by the provisions of article 86, shall be recognised by the state to which the said territory is transferred, and shall remain in existence in that territory for the same period of time as that which they would have enjoyed under ottoman law.
  
  article 91
  
  all grants of patents and registrations of trade-marks, as well as all registrations of transfers or assignments of patents or trade marks which have been duly made since the 30th october, 1918, by the imperial ottoman government at constantinople or elsewhere, shall be submitted to the turkish government and registered, if the parties concerned make an application within three months from the coming into force of the present treaty. such registration shall have effect as from the date of the original registration.
  
  section v.
  
  mixed arbitral tribunal.
  article 92.
  
  within three months from the date of the coming into force of the present treaty, a mixed arbitral tribunal shall be established between each of the allied powers, on the one hand, and turkey, on the other hand.
  
  each of these tribunals shall be composed of three members, two being appointed respectively by each of the governments concerned, who shall be entitled to designate several persons from whom, according to the case in question, they will choose one to sit as a member of the tribunal. the president shall be chosen by agreement between the two governments concerned.
  
  in case of failure to reach agreement within two months from the coming into force of the present treaty, the president shall be appointed, upon the request of one of the governments concerned, from among nationals of powers which remained neutral during the war, by the president of the permanent court of international justice at the hague.
  
  if within the said period of two months one of the governments concerned does not appoint a member to represent it on the tribunal, the council of the league of nations will have power to proceed to the appointment of such member upon the request of the other government concerned.
  
  if a member of the tribunal should die or resign or for any reason become unable to perform his duties, he shall be replaced by the method laid down for his appointment, the above period of two months running from the date of death, resignation or inability as duly verified.
  
  article 93.
  
  the seat of the mixed arbitral tribunals shall be at constantinople. if the number and character of the cases justify it, the governments concerned shall be entitled to create in each tribunal onc or more additional sections, the seat of which shall be in whatever place may be convenient. each of these sections shall be composed of a vice-president and two members appointed as laid down in the second, third, fourth and fifth paragraphs of article 92.
  
  each government shall appoint one or more agents to represent it before the tribunal.
  
  if, after three years from the establishment of a mixed arbitral tribunal, or of one of its sections, such tribunal or section has not finished its work, and if the power on whose territory such tribunal or section has its seat so requests, the seat shall be removed from such territory.
  
  article 94.
  
  the mixed arbitral tribunals established pursuant to articles 92 and 93 shall decide all questions within their competence under the present treaty.
  
  decisions shall be taken by a majority.
  
  the high contracting parties agree to regard the decisions of the mixed arbitral tribunals as final and conclusive, and to render them binding upon their nationals, and to ensure their enforcement in their respective territories as soon as the decisions of the tribunals are notified to them, without it being necessary to have them declared executory.
  
  the high contracting parties further undertake that their tribunals and authorities shall directly assist the fixed arbitral tribunals in every way that is in their power, particularly as re- gards the transmission of notices and the collection of evidence.
  
  article 95.
  
  the mixed arbitral tribunals shall be guided by justice, equity and good faith.
  
  each tribunal will determine the language to be used before it, and shall order such translations to be made as are necessary to ensure that the proceedings are completely understood; it will lay down rules and time limits for the procedure to be observed. these rules must be based on the following principles:
  
  (i) the procedure shall include the presentation of a memorial and a counter-memorial respectively, with the option of presenting a reply and a rejoinder. if either of the parties asks for leave to present an oral argument he will be permitted to do so; in such case the other party will have the same right.
  
  (2) the tribunal shall have full power to order enquiries, the production of documents, and expert examinations, to make a view, to demand any information, to hear any witnesses and to ask the parties or their representatives for any verbal or written explanations.
  
  (3) subject to any contrary provision in the present treaty, no claim shall be admitted after the expiry of a period of six months from the establishment of the tribunal, except upon express authority contained in a decision of the said tribunal and justified as an exceptional measure by considerations relating to distance or force majeure.
  
  (4) it shall be the duty of the tribunal to hold as many sittings each week as may be needed for the prompt despatch of its business, except during vacations, which shall not exceed a total of eight weeks a year.
  
  (5) judgment must always be given within at most two months from the end of the hearing, after which the tribunal will at once proceed to consider its judgment.
  
  (6) oral arguments, if any, shall be heard in public, and in all cases judgment shall be delivered in public.
  
  (7) each mixed arbitral tribunal shall be entitled to hold sittings elsewhere than in the place where its seat is established, if it considers it advantageous for the despatch of business.
  
  article 96.
  
  the governments concerned shall appoint by agreement a secretary-general for each tribunal, and shall each attach to him one or more secretaries. the secretary-general and the secretaries shall be under the orders of the tribunal, which with the consent of the governments concerned shall be entitled to engage any persons whose assistance it may need.
  
  the secretariat of each tribunal shall have its offices at constantinople. the governments concerned shall have power to establish additional offices in such other places as may be convenient.
  
  each tribunal shall keep in its secretariat the records, papers and documents relating to the cases submitted to it, and upon the completion of its duties it shall deposit them in the archives of the government of the country where its seat is established. these archives shall always be accessible to the governments concerned.
  
  article 97.
  
  each government shall pay the emoluments of the member of the mixed arbitral tribunal whom it appoints, as well as those of any agent or secretary appointed by it.
  
  the emoluments of the president and those of the secretary-general shall be fixed by agreement between the governments concerned, and these emoluments and the general expenses of the tribunal shall be paid in equal shares by the two governments.
  
  article 98.
  
  the present section shall not apply to cases between japan and turkey, which, according to the terms of the present treaty, would fall within the competence of the mixed arbitral tribunal. such cases shall be settled by agreement between the two govern- ments.
  
  section vi.
  
  treaties.
  
  article 99.
  
  from the coming into force of the present treaty and subject to the provisions thereof, the multilateral treaties, conventions and agreements of an economic or technical character enumerated below shall enter again into force between turkey and those of the other contracting powers party thereto:
  
  (i) conventions of march 14, 1884, of december 1, 1886, and of march 23, 1887, and final protocol of july 7, 1887, regarding the protection of submarine cables;
  
  (2) convention of july 5, 1890, regarding the publication of customs tariffs and the organisation of an international union for the publication of customs tariffs;
  
  (3) arrangement of december 9, 1907, regarding the creation of the international office of public hygiene at paris;
  
  (4) convention of june 7, 1905, regarding the creation of an international agricultural institute at rome;
  
  (5) convention of july 16, 1863, for the redemption of the toll dues on the scheldt;
  
  (6) convention of october 29, 1888, regarding the establishment of a definite arrangement guaranteeing the free use of the suez canal, subject to the special stipulations provided for by article 19 of the present treaty;
  
  (7) conventions and agreements of the universal postal union, including the conventions and agreements signed at madrid on november 30, 1920;
  
  (8) international telegraphic conventions signed at st. petersburgh on july 10-22, 1875; regulations and tariffs drawn up by the international telegraph conference, lisbon, june 11, 1908.
  
  article 100.
  
  turkey undertakes to adhere to the conventions or agreements enumerated below, or to ratify them:
  
  (i) convention of october 11, 1909, regarding the inter- national circulation of motor cars;
  
  (2) agreement of may 15, 1886, regarding the sealing of railway trucks subject to customs inspection and protocol of may 18, 1907;
  
  (3) convention of september 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea;
  
  (4) convention of december 21, 1904, regarding exemption of hospital ships from dues and charges in ports;
  
  (5) conventions of may 18, 1904, of may 4, 1910, and of september 30, 1921, regarding the suppression of the white slave traffic;
  
  (6) conventions of may 4, 1910, regarding the suppression of obscene publications;
  
  (7) sanitary convention of january 17, 1912, articles 54, 88 and 90 being reserved;
  
  (8) conventions of november 3, 1881, and april 15, 1889, regarding precautionary measures against phylloxera;
  
  (9) opium convention, signed at the hague, january 23, 1912, and additional protocol of 1914;
  
  (10) international radio-telegraphic convention of july 5, 1912;
  
  (11) convention regarding liquor traffic in africa, signed at st. germain-en-laye, september 10, 1919;
  
  (12) convention revising the general act of berlin of february 26, 1885, and the general act and declaration of brussels of july 2, i890, signed at st. germain-en-laye, september 10, 1919;
  
  (13) convention of october 13, 1919, regulating aerial navigation, provided that turkey obtains, under the protocol of may 1, 1920, such derogations as her geographical situation may render necessary;
  
  (14) convention of september 26, 1906, signed at berne, prohibiting the use of white phosphorus in the manufacture of matches.
  
  turkey further undertakes to take part in the elaboration of new international conventions relating to telegraphy and radio-telegraphy.
  
  communications and sanitary questions.
  
  section 1.
  
  communications.
  
  article 101.
  
  turkey undertakes to adhere to the convention and to the statute respecting the freedom of transit adopted by the conference of barcelona on the 14th april, 192i, as well as to the convention and the statute respecting the regime for waterways of international interest adopted by the said conference on the 19th april, 1921, and to the supplementary protocol.
  
  turkey accordingly undertakes to bring into force the provisions of these conventions, statutes and protocol as from the entry into force of the present treaty.
  
  article 102.
  
  turkey undertakes to adhere to the declaration of barcelona. dated the 20th april, 1921, "recognising the rights of the flag of states not possessing a sea-board."
  
  article 103.
  
  turkey undertakes to adhere to the recommendations of the conference of barcelona, dated the 20th april, 1921, respecting ports placed under an international regime. turkey will subsequently make known those ports which will be placed under that regime.
  
  article 104.
  
  turkey undertakes to adhere to the recommendations of the conference of barcelona, dated the 20th april, 1921, respecting international railways. these recommendations will be brought into force by the turkish government on the coming into force of the present treaty and subject to reciprocity.
  
  article 105.
  
  on the coming into force of the present treaty, turkey agrees to subscribe to the conventions and arrangements signed at berne on october 14, 1890, september 20, 1893, july i6, 1895, june 16, 1898, and september 19, 1906, regarding the transportation of goods by rail.
  
  article 106.
  
  when, as a result of the fixing of new frontiers, a railway connection between two parts of the same country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, in so far as concerns the traffic between the two countries, shall, subject to any special arrangements, be laid down in an agreement to be concluded between the railway administrations concerned. if these administrations cannot come to an agreement as to the terms of such agreement, those conditions shall be decided by arbitration.
  
  the establishment of all new frontier stations between turkey and the neighbouring states, as well as the working of the lines between those stations, shall be settled by agreements similarly concluded .
  
  article 107
  
  travellers and goods coming from or destined for turkey or greece, and making use in transit of the three sections of the oriental railways included between the grseco-bulgarian frontier and the grceco-turkish frontier near kuleli-burgas, shall not be subject, on account of such transit, to any duty or toll nor to any formality of examination in connection with passports or customs.
  
  a commissioner, who shall be selected by the council of the league of nations, shall ensure that the stipulations of this article are carried out.
  
  the greek and turkish governments shall each have the right to appoint a representative to be attached to this commissioner; this representative shall have the duty of drawing the attention of the commissioner to any question relating to the execution of the above-mentioned stipulations, and shall enjoy all the necessary facilities to enable him to accomplish his task. these representatives shall reach an agreement with the commissioner as to the number and nature of the subordinate staff which they will require.
  
  it shall be the duty of the said commissioner to submit, for the decision of the council of the league of nations, any question relating to the execution of the said stipulations which he may not have been able to settle. the greek and turkish governments undertake to carry out any decision given by the majority vote of the said council.
  
  the salary of the said commissioner, as well as the expenses of his work, shall be borne in equal parts by the greek and turkish governments.
  
  in the event of turkey constructing later a railway line joining adrianople to the line between kuleli-burgas and constantinople, the stipulations of this article shall lapse in so far as concerns transit between the points on the graoco-turkish frontier lying near kuleli-burgas and bosna-keuy respectively.
  
  each of the two interested powers shall have the right, after five years from the coming into force of the present treaty, to apply to the council of the league of nations with a view to deciding whether it is necessary that the control mentioned in paragraphs 2 to 5 of the present article should be maintained. nevertheless, it remains understood that the stipulations of paragraph i shall remain in force for transit over the two sections of the oriental railways between the graeco-bulgarian frontier and bosna-keuy.
  
  article 108.
  
  subject to any special provisions concerning the transfer of ports and railways, whether owned by the turkish government or private companies, situated in the territories detached from turkey under the present treaty, and similarly subject to any agreements which have been, or may be, concluded between the contracting powers relating to the concessionnaries and the pensioning of the personnel, the transfer of railways will take place under the following conditions:
  
  (i) the works and installations of all the railroads shall be left complete and in as good condition as possible;
  
  (2) when a railway system possessing its own rolling-stock is situated in its entirety in transferred territory, such stock shall be left complete with the railway, in accordance with the last inventory before the 30th october, 1918;
  
  (3) as regards lines, the administration of which will in virtue of the present treaty be divided, the distribution of the rolling-stock shall be made by friendly agreement between the administrations taking over the several sections thereof. this agreement shall have regard to the amount of the material registered on those lines in the last inventory before the 30th october, 1918, the length of the track (sidings included) and the nature and amount of the traffic. failing agreement, the points in dispute shall be settled by arbitration. the arbitral decision shall also, if necessary, specify the locomotives, carriages and wagons to be left on each section, the conditions of their acceptance and such provisional arrangements as may be judged necessary to ensure for a limited period the current maintenance in existing workshops of the transferred stock;
  
  (4) stocks of stores, fittings and plant shall be left under the same conditions as the rolling-stock.
  
  article 109.
  
  in default of any provisions to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation, inundation, irrigation, drainage or similar matters) in a state is dependent on works executed within the territory of another state, or when use is made on the territory of a state, in virtue of pre-war usage, of water or hydraulic power, the source of which is on the territory of another state, an agreement shall be made between the states concerned to safeguard the interests and rights acquired by each of them.
  
  failing an agreement, the matter shall be regulated by arbitration.
  
  article 110.
  
  roumania and turkey will come to an agreement as to an equitable arrangement for the working conditions of the constanza-constantinople cable. failing agreement, the matter shall be settled by arbitration.
  
  article 111.
  
  turkey renounces on her own behalf and on behalf of her nationals all rights, titles or privileges of whatsoever nature over the whole or part of such cables as no longer land on her territory.
  
  if the cables or portions thereof transferred under the preceding paragraph are privately owned, the governments to which this property is transferred will have to indemnify the owners. failing agreement respecting the amount of indemnity, this amount will be fixed by arbitration.
  
  article 112.
  
  turkey will retain the rights of property which she may already possess over those cables of which at least one end remains in turkish territory.
  
  the exercise of the landing rights of the said cables in non-turkish territory and their working conditions shall be settled in a friendly manner by the states concerned. failing agreement, the dispute will be settled by arbitration.
  
  article 113.
  
  each of the high contracting parties hereby accepts, in so far as it is concerned, the abolition of foreign post offfices in turkey.
  
  section ii.
  
  sanitary questions.
  
  article 114.
  
  the superior council of health of constantinople is abolished. the turkish administration is entrusted with the sanitary organisation of the coasts and frontiers of turkey.
  
  article 115.
  
  a single sanitary tariff, the dues and conditions of which shall be fair, shall be applied to all ships without distinction between the turkish flag and foreign flags, and to nationals of foreign powers under the same conditions as to nationals of turkey.
  
  article 116.
  
  turkey undertakes to respect entirely the right of the sanitary employees whose services have been terminated to compensation to be appropriated out of the funds of the former superior council of health of constantinople, and all other rights acquired by employees or former employees of the council, or their representatives. all questions relating to such rights, to the employment of the reserve funds of the former superior council of health of constantinople, or to the final liquidation of the former sanitary administration, as well as all other similar or cognate questions, shall be regulated by a commission ad hoc which shall be composed of a representative of each of the powers represented on the superior council of health of constantinople except germany, austria and hungary. in the event of disagreement between the members of the said commission on a question relating to the above-mentioned liquidation, or the employment of the funds remaining after the liquidation, every power represented on the commission shall have the right to bring the matter to the notice of the council of the league of nations, whose decision shall be final.
  
  article 117.
  
  turkey and those powers which are interested in the supervision of the pilgrimages to jerusalem and to the hedjaz and the hedjaz railway shall take such measures as are appropriate in accordance with the provisions of international sanitary conventions. with a view to ensuring complete uniformity in the execution of these measures, these powers and turkey shall constitute a sanitary coordination commission for pilgrimages, on which the sanitary service of turkey and the maritime sanitary and quarantine council of egypt shall be represented.
  
  this commission must obtain the previous consent of the state on whose territory it holds its meeting.
  
  article 118.
  
  reports on the work of the pilgrimage coordination commission shall be addressed to the health committee of the league of nations and to the international office of public health, and also to the government of each country which is interested in pilgrimages and makes a request therefor. the commission will give its opinion on every question put to it by the league of nations, by the international office of public health, or by the interested governments.
  
  part v.
  
  miscellaneous provisions.
  
  section i.
  
  prisoners 0f war.
  
  article 119.
  
  the high contracting parties agree to repatriate at once the prisoners of war and interned civilians who are still in their hands.
  
  the exchange of prisoners of war and interned civilians detained by greece and turkey respectively forms the subject of a separate agreement between those powers signed at lausanne on the 30th january, 1923.
  
  article 120.
  
  prisoners of war and interned civilians awaiting disposal or undergoing sentence for offences against discipline shall be repatriated irrespective of the completion of their sentence or of the proceedings pending against them.
  
  prisoners of war and interned civilians who are awaiting trial or undergoing sentence for offences other than those against discipline may be detained.
  
  article 121.
  
  the high contracting parties agree to give every facility in their respective territories for the search for the missing and the identification of prisoners of war and interned civilians who have expressed their desire not to be repatriated.
  
  article 122.
  
  the high contracting parties undertake to restore on the coming into force of the present treaty all articles, money, securities, documents and personal effects of every description which have belonged to prisoners of war or interned civilians and which have been retained.
  
  article 123.
  
  the high contracting parties waive reciprocally all repayments of sums due for the maintenance of prisoners of war captured by their armies.
  
  section ii.
  
  graves.
  
  article 124.
  
  without prejudice to the special provisions of article 126 of the present treaty, the high contracting parties will cause to be respected and maintained within the territories under their authority the cemeteries, graves, ossuaries and memorials of soldiers and sailors who fell in action or died from wounds accident or disease since the 29th october, 1914, as well as of prisoners of war and interned civilians who died in captivity after that date.
  
  the high contracting parties will agree to accord in their respective territories all necessary facilities to such commissions as each contracting power may appoint for the purpose of the identification, registration and maintenance of the said cemeteries, ossuaries and graves, and the erection of memorials on their sites. such commissions shall not have any military character.
  
  the high contracting parties reciprocally undertake, subject to the provisions of their national laws and the requirements of public health, to furnish each other every facility for giving effect to requests that the bodies of such soldiers and sailors may be transferred to their own country.
  
  article 125.
  
  the high contracting parties further undertake to furnish each other:
  
  (i) a complete list of prisoners of war and interned civilians who have died in captivity, together with all information tending towards their identification.
  
  (2) all information as to the number and position of the graves of all those who have been buried without identification.
  
  article 126.
  
  the maintenace of the graves, cemeteries, ossuaries and memorials of turkish soldiers, sailors and prisoners of war who may have died on roumanian territory since the 27th august 1916, as well as all other obligations under articles 124 and 125 regarding interned civilians, shall form the object of a special arrangement between the roumanian and the turkish governments.
  
  article 127.
  
  in order to complete the general provisions included in articles 124 and 125, the governments of the british empire, france and italy on the one hand and the turkish and greek governments on the other agree to the special provisions contained in articles 128 to 136.
  
  article 128.
  
  the turkish government undertakes to grant to the governments of the british empire, france and italy respectively and in perpetuity the land within the turkish territory in which are situated the graves, cemeteries, ossuaries or memorials of their soldiers and sailors who fell in action or died of wounds, accident or disease, as well as those of prisoners of war and interned civil- ians who died in captivity.
  
  the turkish government will also grant to those governments the land which the commissions provided for in article 130 shall consider necessary for the establishment of cemeteries for the regrouping of graves, for ossuaries or memorials.
  
  the turkish government undertakes further to give free access to these graves, cemeteries, ossuaries and memorials, and if need be to authorise the construction of the necessary roads and pathways.
  
  the greek government undertakes to fulfil the same obligations in so far as concerns its territory.
  
  the above provisions shall not affect turkish or greek sovereignty over the land thus granted.
  
  article 129.
  
  the land to be granted by the turkish government will include in particular, as regards the british empire, the area in the region known as anzac (ari burnu), which is shown on map no. 3. [see introduction.] the occupation of the above-mentioned area shall be subject to the following conditions:
  
  (1) this area shall not be applied to any purpose other than that laid down in the present treaty; consequently it shall not be utilised for any military or commercial object nor for any other object foreign to the purpose mentioned above;
  
  (2) the turkish government shall, at all times, have the right to cause this area, including the cemeteries, to be inspected;
  
  (3) the number of civil custodians appointed to look after the cemeteries shall not exceed one custodian to each cemetery. there shall not be any special custodians for the parts of the area iying outside the cemeteries;
  
  (4) no dwelling houses may be erected in the area, either inslde or outside the cemeteries, except such as are strictly necessary for the custodians;
  
  (5) on the sea shore of the area no quay, jetty or wharfs may be built to facilitate the landing or embarkation of persons or goods;
  
  (6) such formalities as may be required may only be fulfilled on the coast inside the straits and access to the area by the coast on the aegean sea shall only be permitted after these formalities have been fulfilled. the turkish government agrees that these formalities, which shall be as simple as possible, shall not be, without prejudice to the other stipulations of this article, more onerous than those imposed on other foreigners entering turkey, and that they should be fulfilled under conditions tending to avoid all unnecessary delay;
  
  (7) persons who desire to visit the area must not be armed, and the turkish government have the right to see to the enforcement of this strict prohibition;
  
  (8) the turkish government must be informed at least a week in advance of the arrival of any party of visitors exceeding 150 persons.
  
  article 130.
  
  each of the british, french and italian governments shall appoint a commission, on which the turkish and greek governments will appoint a representative, to which will be entrusted the duty of regulating on the spot questions affecting the graves, cemeteries, ossuaries and memorials. the duties of these commissions shall extend particularly to:
  
  (1) the offficial recognition of the zones where burials have or may have already taken place and the registration of cemeteries, ossuaries, or memorials already existing;
  
  (2) fixing the conditions in which, if necessary, graves may in future be concentrated, and deciding, in conjunction with the turkish representative in turkish territory and the greek representative in greek territory, the sites of the cemeteries, ossuaries and memorials still to be established, and defining the boundaries of these sites in such a way as shall restrict the land to be occupied within the limits indispensable for the purpose;
  
  (3) communicating to the turkish and greek governments in the name of the respective governments a final plan of their graves, cemeteries, ossuaries and memorials, whether already established or to be established.
  
  article 131.
  
  the government in whose favour the grant is made undertakes not to employ the land nor to allow it to be employed for any purpose other than that to which it is dedicated. if this land is situated on the coast, the shore may not be employed by the concessionary government for any military, marine or commercial purpose of whatever nature. the sites of graves and cemeteries which may no longer be used for that purpose and which are not used for the erection of memorials shall be returned to the turkish or greek government.
  
  article 132.
  
  any necessary legislative or administrative measures for the grant to the british, french and italian governments respectively of full, exclusive and perpetual use of the land referred to in articles 128 to 130 shall be taken by the turkish government and greek government respectively within six months of the date of the notification to be made in accordance with paragraph 3 of article 130. if any compulsory acquisition of the land is necessary, it will be effected by and at the cost of the turkish government or the greek government, as the case may be.
  
  article 133.
  
  the british, french and italian governments may respectively entrust to such organisations as each of them may deem fit the establishment, arrangement and maintenance of the graves, cemeteries, ossuaries and memorials of their nationals. these organisations shall have no military character. they alone shall have the right to undertake the exhumation or removal of bodies necessary for the concentration of graves and establishment of cemeteries and ossuaries, as well as the exhumation and removal of such bodies as the governments to whom the grant of land is made shall deem it necessary to transfer to their own country.
  
  article 134.
  
  the british, french and italian governments shall have the right to entrust the maintenance of their graves, cemeteries, ossuaries and memorials in turkey to custodians appointed from among their own nationals. these custodians shall be recognised by the turkish authorities and shall receive from them every assistance necessary for the safeguard and protection of these graves, cemeteries, ossuaries and memorials. the custodians shall have no military character, but may be armed for their personal defence with a revolver or automatic pistol.
  
  article 135.
  
  the land referred to in articles 128 to 131 shall not be subjected by turkey or the turkish authorities, or by greece or the greek authorities, as the case may be, to any form of rent or taxation. representatives of the british, french or italian governments as well as persons desirous of visiting the graves, cemeteries, ossuaries and memorials, shall at all times have free access thereto. the turkish government and the greek government respectively undertake to maintain in perpetuity the roads leading to the said land.
  
  the turkish government and the greek government respectively undertake to afford to the british, french and italian governments all necessary facilities for obtaining a sufficient water supply for the requirements of the staff engaged in the maintenance or protection of the said graves, cemeteries, ossuaries and memorials, and for the irrigation of the land.
  
  article 136.
  
  the british, french and italian governments undertake to accord to the turkish government the benefits of the provisions contained in articles 128 and 130 to 135 of the present treaty for the establishment of graves, cemeteries, ossuaries and memorials of turkish soldiers and sailors existing on the territories under their authority, including the territories detached from turkey.
  
  section iii.
  
  general provisions.
  
  article 137.
  
  subject to any agreements concluded between the high contracting parties, the decisions talcen and orders issued since the 30th october, 1918, until the coming into force of the present treaty, by or in agreement with the authorities of the powers who have occupied constantinople, and concerning the property, rights and interests of their nationals, of foreigners or of turkish nationals, and the relations of such persons with the authorities of turkey, shall be regarded as definitive and shall give rise to no claims against the powers or their authority.
  
  all other claims arising from injury suffered in consequence of any such decisions or orders shall be submitted to the mixed arbitral tribunal.
  
  article 138.
  
  in judicial matters, the decisions given and orders issued in turkey from the 30th october, 1918, until the coming into force of the present treaty by all judges, courts or authorities of the powers who have occupied constantinople, or by the provisional mixed judicial commission established on the 8th december, 1921, as well as the measures taken in execution of such decisions or orders, shall be regarded as definitive, without prejudice, however, to the terms of paragraphs iv and vi of the amnesty declaration dated this day.
  
  nevertheless, in the event of a claim being presented by a private person in respect of damage suffered by him in consequence of a judicial decision in favour of another private person given in a civil matter by a military or police court, this claim shall be brought before the mixed arbitral tribunal, which may in a proper case, order the payment of compensation or even restitution of the property in question.
  
  article 139.
  
  archives, registers, plans, title-deeds and other documents of every kind relating to the civil, judicial or financial administration, or the administration of wakfs, which are at present in turkey and are only of interest to the government of a territory detached from the ottoman empire, and reciprocally those in a territory detached from the ottoman empire which are only of interest to the turkish government, shall reciprocally be restored.
  
  archives, registers, plans, title-deeds and other documents mentioned above which are considered by the government in whose possession they are as being also of interest to itself, may be retained by that government, subject to its furnishing on request photographs or certified copies to the government concerned.
  
  archives, registers, plans, title-deeds and other documents which have been taken away either from turkey or from detached territories shall reciprocally be restored in original, in so far as they concern exclusively the territories from which they have been taken.
  
  the expense entailed by these operations shall be paid by the government applying therefor.
  
  the above stipulations apply in the same manner to the registers relating to real estates or wakfs in the districts of the former ottoman empire transferred to greece after 1912.
  
  article 140.
  
  prizes made during the war between turkey and the other contracting powers prior to the 30th october, 1918, shall give rise to no claim on either side. the same shall apply to seizures effected after that date, for violation of the armistice, by the powers who have occupied constantinople.
  
  it is understood that no claim shall be made, either by the governments of the powers who have occupied constantinople or their nationals, or by the turkish government or its nationals, respecting small craft of all kinds, vessels of light tonnage, yachts and lighters which any of the said governments may, between the 29th october, 1914, until the 1st january, 1923, have disposed of in their own harbours or in harbours occupied by them. nevertheless, this stipulation does not prejudice the terms of paragraph vi of the amnesty declaration dated this day, nor the claims which private persons may be able to establish against other private persons in virtue of rights held before the 29th october, 1914.
  
  vessels under the turkish flag seized by the greek forces after the 30th october, 1918, shall be restored to turkey.
  
  article 141 .
  
  in accordance with article 25 of the present treaty, articles 155, 250 and 440 and annex iii, part viii (reparation) of the treaty of peace of versailles, dated the 28th june, 1919, the turkish government and its nationals are released from any liability to the german government or to its nationals in respect of german vessels which were the object during the war of a transfer by the german government or its nationals to the ottoman government or its nationals without the consent of the allied governments, and at present in the possession of the latter.
  
  the same shall apply, if necessary, in the relations between turkey and the other powers which fought on her side.
  
  article 142.
  
  the separate convention concluded on the 30th january, 1923, between greece and turkey, relating to the exchange of the greek and turkish populations, will have as between these two high contracting parties the same force and effect as if it formed part of the present treaty.
  
  article 143.
  
  the present treaty shall be ratified as soon as possible.
  
  the ratifications shall be deposited at paris.
  
  the japanese government will be entitled merely to inform the government of the french republic through their diplomatic representative at paris when their ratification has been given; in that case, they must transmit the instrument of ratification as soon as possible.
  
  each of the signatory powers will ratify by one single instrument the present treaty and the other instruments signed by it and mentioned in the final act of the conference of lausanne, in so far as these require ratification.
  
  a first procès-verbal of the deposit of ratifications shall be drawn up as soon as turkey, on the one hand, and the british empire, france, italy and japan, or any three of them, on the other hand, have deposited the instruments of their ratifications.
  
  from the date of this first procès-verbal the treaty will come into force between the high contracting parties who have thus ratified it, thereafter it will come into force for the other powers at the date of the deposit of their ratifications.
  
  as between greece and turkey, however, the provisions of articles 1, 2 (2) and 5-11 inclusive will come into force as soon as the greek and turkish governments have deposited the instruments of their ratifications, even if at that time the procès-verbal referred to above has not yet been drawn up.
  
  the french government will transmit to all the signatory powers a certified copy of the procès-verbaux of the deposit of ratifications.
  
  in faith whereof the above-named plenipotentiaries have signed the present treaty.
  
  done at lausanne, the 24th july, 1923, in a single copy, which will be deposited in the archives of the government of the french republlc, which will transmit a certified copy to each of the contracting powers.
  
  (l.s.) horace rumbold.
  (l.s.) pellé.
  (l.s ) garroni.
  (l.s.) g. c. montagna.
  (l.s.) k. otchiai.
  (l-s.) e. k. veniselos.
  (l.s.) d. caclamanos.
  (l.s.) const. diamandy.
  (l.s.) const. contzesco.
  ( ) ------------
  (l.s.) m.ismet.
  (l.s.) dr.riza nour.
  (l.s.) hassan.
  
  kaynak: http://www.hri.org/docs/lausanne/