Treaty Of Peace Between
Bulgaria And Turkey
[1]
Signed at Constantinople, September 16/29, I913
His Majesty the Emperor of the Ottomans and His Majesty the King
of the Bulgars, animated by the desire to regulate in a friendly manner
and upon a desirable basis the state of affairs caused by the events which
have occurred since the conclusion of the Treaty of London, and to reestablish
the relations of friendship and neighborliness so necessary for
the well being of their peoples, have determined to conclude the present
treaty, and have chosen respectively for this purpose, as their plenipotentiaries:
His Majesty the Emperor of the 0ttomans:-
His Excellency Talaat Bey, Minister of the Interior; His Excellency
General Mahmoud Pasha, Minister of Marine; His Excellency Halil
Bey, President of the Council of State.
His, Majesty the King of the Bu1gars:-
His Excellency General Savoff, former Minister; His Excellency
Mr. Natchevitch, former Minister; His Excellency Mr. Tocheff, Minister
Plenipotentiary, who, after exchanging their full powers, found to be
in good and due form, have agreed as follows:
ARTICLE I. The frontier
The frontier between the two countries commences at the mouth of
the river Rezvaja, south of the Monastery of San Ivan, which is located
on the Black Sea; it follows the course of this river as far as the confluence
of the rivers Pirogu and Deliva, to the west of Kamila-Koj. Between
the mouth and the point of confluence above mentioned the river
Rezvaja, starting from its mouth, follows first a southwesterly direction
and, leaving Placa to Turkey, forms a bend and goes towards the
northwest and then towards the southwest; the villages of Madzura
and Pirgoplo remain in Ottoman territory. The river Rezvaja, after
having followed a southerly direction beginning at Pirgoplo and for a
distance of approximately five and a half kilometers, turns towards the
west and the north and then goes along, slightly curved towards the
north, in a generally western direction. In this portion, the villages of
Likudi and Kladara remain in Bulgarian territory, and the villages of
Ciknigori, Mavrodio and Lafva return to Turkey; then the frontier,
always following the Rezvaja river, leaves Torfu-Ciflik to Bulgaria,
goes towards the southeast and, leaving the village of Kamila-Koj in
Ottoman territory, arrives at a point about four hundred meters to the
west of this village, at the point of confluence of the rivers Pirogu and
Deliva.
Starting from the junction point of the rivers Pirogu and Deliva, the
frontier line follows the course of the Deliva, and extending along this
river in a general northwesterly direction, leaves the villages of Paspala,
Kandildzik and Deli to Turkey and ends east of Souk-Sou; this last-named
village remains to Turkey, while Seveligu goes to Bulgaria.
After having passed between Souk-Sou and Seveligu, the frontier line
continues in a northwesterly direction, following the ridge which passes
over hills 687, 619, and 563; beyond hill 563 it leaves the village of Caglaik
(Cajirlik) in Ottoman territory, and passing around this last village
three kilometers to its east and north, it reaches the Golema stream.
The frontier follows the course of the Golema for a distance of about
two kilometers and reaches the junction point of this stream and the
other branch of the same river, which comes from the south from Karabanlar
(Karabaalar); beginning at this confluence the frontier line
passes along the ridge to the north of the stream coming from Turk-
Alatli and arrives at the old Turco-Bulgarian frontier.
The junction point of the new line and the old frontier is four kilometers
east of Turk-Alatli, at the point where the ancient Turco-
Bulgarian frontier forms an angle towards the north in the direction of
Aykiri-yol.
Starting at this point it exactly follows the former Turco-Bulgarian
frontier as far as Balaban-Basi, west of the Toundja and north of the
village of Derviska-Mog.
The new frontier line leaves the old frontier in the vicinity of Balaban-
Basi and drops in a straight line towards Dermen-Dere. The point
at which the new frontier leaves the former frontier is two kilometers
away from the church of the village of Derviska-Mog; the frontier,
leaving Derviska-Mog in Ottoman territory, follows the course of the
Dermen-Dere as far as the village of Bulgar-Lefke and leaves this village
in Bulgarian territory. Starting from the eastern and southern outskirts
of Bulgar-Lefke the frontier line leaves the course of the Dermen-Dere
and proceeds towards the west, leaves the villages Turks-Lefke and
Dimitro-Keuy in Ottoman territory, and, following the watershed between
Buk-Dere and Demirhan Dere (hill 241) reaches the most northern
point formed by the bend of the Marica, towards the north, east of
Mustafa-Pacha. This part of the bend is three and a half kilometers
away from the eastern end of the Mustafa-Pacha bridge. The frontier
follows the western side of the bend of the Marica as far as the mill and
from there arrives in a straight line at Cermen-Dere, north of tbe railway
bridge (Cermen-Dere is the stream which flows into the Maritza
three kilometers east of the village Cermen) and then, passing around
Cermen on the north, goes to Tazi-Tepezi. The frontier leaves Cermen
to Turkey and, following the course of Cermen-Dere, crosses the railway
line northwest of Cermen; it still follows the same stream and rises
to Tazi-Tepesi (hill 613). (The point where Cermen-Dere crosses the
railway line, northwest of Cermen, is five kilometers away from the
center of the village Cermen and three thousand two hundred meters
from the western end of the Mustafa-Pacha bridge.)
The frontier leaves the highest point of Tazi-Tepesi in Ottoman territory,
and starting from this point follows the line of the separation of
the waters of the Arda and of the Maritza, passing near the villages
Yayladjik and Gjuldjuk (Goldzik), which rest in Ottoman territory.
Starting from Goldzik the frontier passes over hill 449 and then to hill
367, and, from this hill, goes southward in almost a straight line towards
the Arda. This straight line passes one kilometer west of Kektachli,
which remains in Ottoman territory.
The frontier line, after reaching the Arda from hill 367, follows the
right bank of the Arda and comes to the mill which is one kilometer
south of the village of Tchingirli; from this mill it follows the line of the
watershed east of Gadjohor-Dere; it passes one kilometer east of the
village Gadjohor and, leaving the village of Drebisna to Bulgaria and
passing about one kilometer east of this village, descends to Ateren-
Dere one kilometer south of this village; thence it goes in a southwesterly
direction, by the shortest route, to the source of the stream which flows
between the villages Akalan and Kajliklikeuy and follows the thalweg
of this waterway down to the river Kizil-Deli.
Starting from this stream the frontier, leaving Gotch-Bounar in Bulgaria,
follows the course of the Kizil-Deli-Dere and thence, following the
thalweg of the stream which branches off towards the south at a point
situated four kilometers south of Handarion and three kilometers east
of Soganlikli-Bala, goes to the source of this stream; it then goes by the
shortest route to the source of the Mandara-Dere; it follows the thalweg
of the Mandara-Dere, starting from its source, to join the Marica to the
west of Mandara. In this portion, the village of Krantsu remains in
Bulgarian territory and the villages Bas-Kisa, Kirdjanbunar and Mandara
come to Turkey. Starting at this point the frontier follows the
thalweg of the Maritza as far as the point where the river divides into
two branches, three and a half kilometers south of the village of Kaldirkos;
thence it follows the thalweg of the right branch, which passes
not far from Feredjik, until it reaches the Aegean Sea. In this portion,
the marshes of Ak-Sou, as well as the lakes Queneli-Gheul and Kazikli-Gheul,
remain to Turkey, and the lakes Touzla-Gheul and Drana-Gheul
go to Bulgaria.
ARTICLE 11. Evacuation and demobilization
Ten days after the signature of the present treaty by the abovementioned
plenipotentiaries, the armies of the two contracting parties
which at present occupy territories which are to pass into the possession
of the other party shall make haste to evacuate them, and, within the
fifteen succeeding days, to hand them over, conformably to rules and
usages, to the authorities of the other party.
It is furthermore understood that the two states shall demobilize their
armies within three weeks from the date of the present treaty.
ARTICLE 111. The resumption of diplomatic relations
Diplomatic relations, as well as postal, telegraphic and railroad communications
between the high contracting parties shall be resumed immediately
after the signature of the present treaty.
The arrangement in regard to muftis, which forms Annex No. 11 of
the present treaty, shall be applicable in all the' territories of Bulgaria.
ARTICLE IV. Commerce and navigation
With a view to encourage economic relations between the two countries,
the high contracting parties bind themselves to put back into
force, immediately after the signature of the present treaty and for a
period of one year from that date, the convention of commerce and
navigation concluded the 6/19 February, 1911 and to grant to their
industrial, agricultural and other products all the customs facilities
compatible with their existing engagements towards third Powers.
The consular declaration of the 18th November/2nd December, 1909,
shall likewise be put into force for the same period.
However, each of the high contracting parties shall be able to create
consulates-general, consulates, and vice-consulates "de carriere" in
all localities within their territories where agents of third Powers are
admitted. The high contracting parties further bind themselves to
proceed, within the shortest time possible, to the nomination of a
mixed commission to negotiate a treaty of commerce and a consular
convention.
ARTICLE V. Exchange of prisoners
Prisoners of war and hostages shall be exchanged within one month
from the signature of the present treaty or sooner if possible.
This exchange shall take place by means of special commissioners appointed
by both parties.
The expenses for the keeping of the said prisoners of war and hostages
shall be at the charge of the government in whose hands they are.
However, the pay of officers furnished by that government shall be
reimbursed by the state to which they belong.
ARTICLE VI. Amnesty
Full and entire amnesty is granted by the high contracting parties to
all persons who have taken part in hostilities or who have compromised
themselves in political events previous to the present treaty.
The inhabitants of ceded territories shall enjoy the same amnesty for
political events which have occurred there.
The benefits of this amnesty shall cease at the expiration of the two
weeks delay fixed by the authorities legally constituted at the time of
the reoccupation of the territories which are to pass into the hands of
Bulgaria and duly brought to the knowledge of the populations.
ARTICLE VII. Nationality. Time allowed for option
Natives of the territories ceded by the Ottoman Empire to the Royal
Government of Bulgaria and who are domiciled there shall become BuIgarian'
subjects.
These natives who have become Bulgarian subjects shall have the
right for the period of four years to declare, where they are, in favor of
Ottoman nationality by a simple declaration to the local Bulgarian authorities
and registration at the Imperial Ottoman Consulates. This
declaration, when made abroad, shall be delivered to the chanceries of
the Bulgarian consulates and registered by the Ottoman consulates.
The option shall pertain to the individual and is not obligatory for the
Imperial Ottoman Government.
Those who are now minors shall exercise the option within the four
years following their majority.
Moslems in the ceded territories who have become Bulgarian subjects
shall not be subjected to military service within this period, nor shall
they pay any military tax.
After having exercised their right of option, these Moslems shall leave
the ceded territories, and, until the expiration of the period of four years
provided for above, shall have the right to transport their personal property
without payment of export duties. They may, at the same time,
keep their urban and rural property of all categories, and have it administered
by third parties.
ARTICLEV III. Moslem subjects of Bulgaria
Moslem Bulgarian subjects of all the territories of Bulgaria shall
enjoy the same civil and political rights as subjects of Bulgarian origin.
They shall enjoy liberty of conscience, and liberty and outward practice
of religion. The customs of Moslems shall be respected.
The name of His Imperial Majesty the Sultan, as Caliph, shall continue
to be pronounced in the public prayers of Moslems.
Moslem communities already constituted or which shall be constituted
in the future, their hierarchical organization, and their endowments
shall be recognized and respected; they shall be holden of their
spiritual heads without hindrance.
ARTICLE IX. Bulgarian communities
Bulgarian communities in Turkey shall enjoy the same rights as the
other Christian communities of the Ottoman Empire now enjoy.
Bulgarians who are Ottoman subjects shall keep their personal property
and shall not be disturbed at all in the exercise and enjoyment of
their personal and property rights. Those who left their homes at the
time of the recent events may return within two years at the latest.
ARTICLE X. Acquired rights
Rights acquired previous to the annexation of the territories, as well
as judicial documents and official title-deeds, emanating from the competent
Ottoman authorities, shall be respected and held inviolable until
there is legal proof to the contrary.
ARTICLE XI. The right of holding landed property
The right of holding landed property in the ceded territories by virtue
of the Ottoman law on urban and rural properties shall be recognized
without any restriction.
The proprietors of real or personal property in the said territories
shall continue to enjoy their property rights, even if they fix their personal
residence temporarily or permanently outside of Bulgaria. They
shall be able to let their property or administer it through third parties.
ARTICLE XII. Vakoufs
The Mustesna, Mukata, Idjaretein, Moukata, and Idjarei-Vahide
vakoufs, as well as the tithes which are vakouf, in the ceded territories,
as they are at present recognized by the Ottoman laws, shall be respected.
They shall be managed by the proper persons.
Their systems may be modified only by just and previous indemnification.
The rights of religious and charitable establishments in the Ottoman
Empire over vakouf revenues in the ceded territories, as Idjarei-Vahide,
or Moukata, or various rights, or as the counter-value of vakouf and
other tithes, and over vakoufs whether built up or not, shall be respected.
ARTICLE XIII. Properties of the Sultan and the Ottoman princes
The private properties of His Imperial Majesty, the Sultan, as we11
as those of members of the Imperial Dynasty, shall be maintained and
respected. His Majesty and members of the Imperial Dynasty shall be
able to sell them or let them through attorneys.
The same shall apply to private property belonging to the state. In
the case of sale of property, preference shall be given, under equal conditions,
to Bulgarian subjects.
ARTICLE XIV. Cemeteries and graves
The high contracting parties bind themselves to give orders to their
provincial authorities to have cemeteries and particularly the graves of
soldiers fallen on the field of honor respected.
The authorities shall not prevent relatives and friends from removing
the bones of victims buried in foreign soil.
ARTICLE XV. Residence of the subjects of the two countries
The subjects of each of the contracting states shall be able to sojourn
and circulate freely as in the past in the territory of the other contracting
state.
ARTICLE XVI. Railroads
The Royal Government of Bulgaria assumes the rights, duties
(charges) and obligations of the Imperial Ottoman Government in respect
to the Oriental Railways Company, for the part of the line conceded
to her and situated in ceded territory.
The Royal Government of Bulgaria binds itself to restore without
delay the rolling stock and the other objects belonging to the said company
and seized by it.
ARTICLE XVII. Submission of digerences and disputes to arbitration
All differences and disputes which may arise in the interpretation
or application of articles eleven, twelve, thirteen and sixteen, as well
as annex one, of the present treaty, shall be settled by arbitration at
The Hague, in conformity with the agreement forming annex three of
the present treaty.
ARTICLE XVIII. The annexed protocols
The protocol relating to the frontier (Annex I); the arrangement in
regard to muftis (Annex II); the arbitration agreement (Annex 111); the
protocol concerning the railway and the Maritza (Annex IV) and the
declaration referring to Article X (Annex V) are annexed to the present
treaty, of which they form an integral part.
ARTICLE XIX. The Treaty of London
The provisions of the Treaty of London which concern the Imperial
Ottoman Government and the Kingdom of Bulgaria are maintained in
so far they are not abrogated or modified by the preceding stipulations.
ARTICLE XX. The going into effect of the treaty
The present treaty shall go into effect immediately after its signature.
Ratifications shall be exchanged within fifteen days from this date.
In faith whereof, the respective plenipotentiaries have signed it and
affixed their seals.
Done in duplicate at Constantinople, the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
PROTOCOL NO. I
A. The high contracting parties have agreed to add to the description
of the frontier contained in article one of the treaty the following remarks:
1. The frontier is established according to the map of the Austrian
General Staff on the scale of 1:200,000, and its course is traced on an
annexed sketch copied from that map.
The references to the lower part and to the tributary of the Maritza
are recorded according to the topographical map on the scale of 1:50,000,
and are entered upon a detailed and complete map of that region indicating
the definitive boundary from Mandra to the mouth.
2. Mixed commissions composed of Ottoman and Bulgarian officers
shall draw the map of the new frontier line for a distance of two kilometers
on both sides of that line on the scale of 1:25,000. The definitive
boundary shall be marked on this map.
These commissions shall be divided into three sections and shall begin
their work simultaneously in the following regions: the coast of the Black
Sea, the territory situated between the Maritza and the Arda, and that
comprised between the Arda and Mandra.
After this operation the boundary line shall be established on the
spot, and pyramids shall be erected under the care of the said mixed
commissions. The protocols of the definitive frontier shall be drawn
up by the commissions.
3. In tracing the boundary line the commissions shall draw up plans
of the private and public properties left on the two sides of the line.
The two high governments shall examine the measures to be taken
to avoid differences which might eventually arise from the exploitation
of such properties.
It is well understood that until an agreement has been reached on
this subject the owners shall continue to enjoy their properties freely as
in the past.
4. The protocols previously drawn up by the two parties concerning
such portions of the old Turco-Bulgarian frontier as are now maintained
without change shall remain in force.
If the boundary-stones or Koules in those parts are destroyed or damaged
they shall be rebuilt or repaired.
5. As for the rivers and streams other than the Toundja, the Maritza
and the Arda, the boundary line shall follow the channel (thalweg) of
the water-courses. As for the three rivers mentioned, the boundary
line is indicated in the protocol.
B. The delimitation in regard to the islands in the bed of the Maritza
shall be entrusted to a special commission.
It is likewise agreed that the two governments bind themselves to
come to an arrangement when the time arrives for making the Maritza
navigable.
C. The two governments agree to facilitate the optional and mutual
exchange of Bulgarian and Moslem populations and of their properties
within a zone not exceeding 15 kilometers along the entire common
frontier.
The exchange shall take place by entire villages.
The exchange of rural and urban properties shall take place under
the auspices of the two governments and with the participation of the
elders of the villages to be exchanged.
Mixed commissions appointed by the two governments shall proceed
to the exchange, and if there is occasion for it, to indemnification for
the differences arising from the exchange of properties between these
villages and individuals.
Done in duplicate at Constantinople, the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
ANNEX NO. II. The Question of the Muftis
ARTICLE I
A head mufti shall reside in Sofia and shall act as intermediary between
the muftis of Bulgaria in their relations with the Sheik-ul-Islamat
for religious and civil matters of the Sheri, and with the Bulgarian
Ministry of Public Worship.
He shall be elected by the muftis of Bulgaria and from amongst them,
assembled especially for that purpose. The mufti-vekilis shall take
part in this assembly, but only as electors.
The Bulgarian Minister of Public Worship shall notify, through the
Imperial Legation in Sofia, the election of the head mufti to the Sheik-ul-Islamat,
which shall send him a menshur and the murassele authorizing
him to exercise his functions, and to grant in turn, the same power to the
other muftis of Bulgaria.
The head mufti shall have the right, within the limits prescribed by
the Sheri, of supervision and control over the muftis of Bulgaria, over
the Moslem religious and charitable institutions, as also over their
staffs and their mutevellis.
ARTICLE II
The muftis are elected by the Moslem electors of Bulgaria.
The head mufti verifies whether the mufti elected possesses all the
qualities required by the Sheri, and in the affirmative case, he informs
the Sheik-ul-Islamat of the necessity of giving him the necessary authorization
to issue fetvas (menshur). Together with the menshur thus
obtained he shall deliver to the new mufti the murassele necessary for
conferring upon him the right of religious jurisdiction over Moslems.
The muftis may, on condition of having their choice ratified by the
head mufti, propose the nomination, within the limits of their districts
and in localities where the necessity has arisen, of mufti-vekilis, who
shall have to fulfil the duties determined by the present arrangement,
under the direct supervision of the local muftis.
ARTICLE III
The remuneration of the head mufti, the muftis, and the mufti-vekilis,
as well as of the personnel of their offices, shall be assumed by the Royal
Bulgarian Government, and shall be fixed in consideration of the dignity
and importance of their positions.
The organization of the bash-muftilik shall be fixed by a regulation
elaborated by the head mufti and duly published.
The head mufti, muftis, and mufti-vekilis and their personnel shall
enjoy all the rights which the laws assure to Bulgarian officials.
ARTICLE IV
The removal of muftis and their vekils shall take place according to
the law on public officials.
The head mufti, or his deputy, shall be called upon to sit in the disciplinary
council whenever the latter shall have to pronounce upon the
removal of a mufti or mufti-vekili. However, the opinion of the head
mufti or his deputy shall serve the said council as the basis for its consideration of charges of a purely religious nature.
The order of removal of a mufti or mufti-vekili shall fix the day for
the election of his successor.
ARTICLE V
The heudjets and judgments rendered by the muftis, shall be examined
by the head mufti, who shall confirm them if he finds them conforming
to the precepts of the Sheri, and transmit them to the proper
department in order to be carried into effect.
The heudjets and judgments which are not confirmed by reason of
non-conformity with the Sheri shall be returned to the muftis who rendered
them, and the matters of which they treat shall be examined and
settled again according to the provisions of the said law. The heudjets
and judgments not found to conform to the prescriptions of the Sheri,
or the examination of which by the Sheik-ul-Islamat has been requested
by the interested parties, shall be sent by the head mufti to
His Highness the Sheik-ul-Islamat.
The heudjets and judgments confirmed by the chief mufti, or approved
by the Sheik-ul-Islamat, shall be carried into effect by the proper
Bulgarian authorities. In that case, they shall be accompanied by a
Bulgarian translation.
ARTICLE VI
The head mufti shall, whenever the occasion arises, make to the other
muftis the necessary recommendations and communications in matters
of marriage, divorce, testaments, successions and guardianships, alimony
(nafaka) and other matters of the Sheri, as also in regard to the administration
of the property of orphans. Moreover, he shall examine complaints
and claims relative to the above-mentioned matters, and make
known to the proper department what is to be done according to the
Sheri law.
The muftis being also charged with the supervision and administration
of the vakoufs, the head mufti shall have among his principal functions
that of requiring the rendering of their accounts and of ordering
the preparation of statements of accounts relating thereto.
The books relative to the accounts of the vakoufs may be kept in the
Turkish language.
ARTICLE VII
The head mufti and the muftis shall inspect, if necessary, the councils
of public instruction and the Moslem schools, as well as the medresses
of Bulgaria, and shall adopt measures for the creation of educational
institutions in localities where their need may be felt. The head mufti
shall, if occasion arises, communicate with the proper department in
matters concerning Moslem public instruction.
The Royal Government shall establish at its own expense primary and
secondary Moslem schools in the proportion provided by the Bulgarian
law on public instruction. Instruction shall take place in the Turkish
language and in conformity with the official program, with obligatory
instruction in the Bulgarian language.
All laws relating to obligatory instruction and to the number and
rights of teachers shall continue to be applied to the teaching body in
Moslem communities.
The salaries of the teaching and other personnel of these institutions
shall be regulated by the Bulgarian treasury on the same conditions
as for those who teach in Bulgarian schools.
A special institution shall also be created for the training of naibs.
ARTICLE VIII
In every centre or city having a numerous Moslem population a
Moslem community charged with vakouf matters and secondary public
instruction shall be elected. The corporate personality of these communities
shall be recognized in all circumstances and by all authorities.
As the vakoufs of each district must be administered, according to the
laws and provisions of the Sheri, by the respective Moslem community,
it is the corporate personality of the latter which shall be considered as
owner of these vakoufs.
The public Moslem cemeteries and those situated near mosques are
included in the domain of vakouf properties belonging to the Moslem
communities, who shall dispose of them at their convenience and in
conformity with the laws of hygiene.
No vakouf property can in any case be expropriated unless its value
is paid to the respective community.
The good preservation of vakouf real property situated in Bulgaria
shall be safeguarded. No building devoted to religion or charity shall
be torn down except in case of unavoidable necessity and in accordance
with the laws and regulations in force.
In case a vakouf building shall be expropriated for imperative reasons,
this can only be done after the designation of another lot of ground of
the same value in respect to location, and after the payment of the value
of the building.
The sums paid as the price of vakouf real property which shall be
expropriated for imperative reasons shall be handed over to the Moslem
communities to be entirely devoted to the maintenance of vakouf buildings,
ARTICLE IX
Within six months after the signing of the present arrangement a
special commission, of which the head mufti shall by right be a member,
shall be appointed by the Bulgarian Government and shall have as its
object the examination and verification, within three years from the
date of its constitution, of the claims formulated by the mutevellis or
their agents.
Those of the parties interested who are not satisfied with the decisions
of the commission may have recourse to the proper tribunals of the
country.
Done in duplicate at Constantinople, the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
ANNEX NO. 111. Arbitration
ARTICLE I
In case any difference or dispute should arise provided for in Article
17 of the treaty concluded this day between the Imperial Ottoman
Government on the one hand and the Royal Government of Bulgaria on
the other, this difference or this dispute shall be referred to the arbitration
of The Hague in conformity with the provisions below.
ARTICLE II
The government which is the plaintiff shall notify the government
which is the defendant of the question or questions which it intends to
submit to arbitration as soon as they arise and shall give succinct but
precise information in regard to them.
ARTICLE III
The arbitral tribunal to which the question or questions will be submitted
shall be composed of five members who shall be designated in
the following manner:
Each party as soon as possible and within a period which shall not
exceed two months from the date of the notification specified in the
preceding article shall name two arbiters.
The umpire shall be chosen among the sovereigns of Sweden, Norway
and Holland. If there is no agreement in the choice of one of these
three sovereigns it shall be decided by lot. If the defending party does
not name its arbiters within the aforementioned period of two months,
it shall be able to do so up to the day of the first meeting of the arbitral
tribunal. After this period, the party which is the plaintiff shall indicate
the sovereign who is to select the umpire. After the choice of the said
umpire, the tribunal shall be validly composed of the umpire and the
two arbiters chosen by the plaintiff.
ARTICLE IV
The powers in litigation shall be represented before the arbitral tribunal
by agents, counsel or lawyers, in conformity with the provisions
of Article 62 of the Hague Convention for the Peaceful Settlement of
International Disputes.
These agents, counsel or lawyers shall be designated in time by the
parties, in order that the arbitration proceedings may not suffer any
delay.
However, if the party which is the defendant does not appear, proceedings
shall go on by default as far as it is concerned.
ARTICLE V
The arbitral tribunal, once constituted, shall meet at The Hague at
a date which shall be fixed by the arbiters and within one month after
the nomination of the umpire. After the arrangement, in conformity
with the text and spirit of the convention of The Hague of 1907, of all
questions of procedure which might arise and which have not been foreseen
by the present mutual agreement, the said tribunal shall adjourn
its next meeting to a date which it shall fix.
However, it is agreed that the tribunal shall not be able to open the
discussions on the questions at issue earlier than two months nor later
than three months after the delivery of the counter-reply provided for
by Article 7.
ARTICLE VI
The arbitral procedure shall comprise two distinct phases: the written
information and the discussions, which shall consist of the development
of the grounds of the parties before the tribunal.
The only language which the tribunal shall use and which shall be
employed before it shall be the French language.
ARTICLE VII
Within a period of ten months at the latest from the notification provided
for in Article 2 the party which is the plaintiff shall deliver to
each of the members of the arbitral tribunal five copies and to the defending
party thirty copies of complete written or printed copies of its
memorandum containing all documents in support of its demand which
refer to the question or questions at issue. Within ten months at the
latest after this delivery, the defending party shall deliver to each of the
members of the tribunal, as well as to the party which is the plaintiff,
as many complete manuscript or printed copies as indicated above of its
counter-memorandum with all documents in its support.
Within one month after this delivery, the party which is the plaintiff
shall notify the president of the arbitral tribunal whether it intends to
present a reply. In case it so intends, it shall have four months at the
most counting from this notification to communicate the said reply
under the same conditions as the memorandum. The defending party
shall then have five months counting from this communication to
present its counter-reply under the same conditions as the countermemorandum.
The delays fixed by the present article may be prolonged by common
accord by the parties or by the tribunal in case it shall judge it necessary
for arriving at a just decision.
But the tribunal shall not take into consideration memoranda, countermemoranda
and other communications presented to it by the parties
after the expiration of the last delay fixed by it.
ARTICLE VIII
If in the memoranda or other documents exchanged one or other of
the parties has referred to or made allusion to a document or paper in
its exclusive possession and of which it shall not have attached a copy,
it shall be obliged, if the other party demands it, to furnish it with a
copy at the latest within thirty days.
ARTICLE IX
The decisions of the arbitral tribunal on the question or questions
at issue shall be pronounced within a maximum delay of one month after
the closure by the president of the discussions relative to that or those
questions.
ARTICLE X
The judgment of the arbitral tribunal shall be final and will have to
be executed strictly, without any delay.
ARTICLE XI
Each party bears its own expenses and an equal share of the expenses
of the tribunal.
ARTICLE XII
In everything which is not provided for by the present arrangement,
the stipulations of The Hague convention of 1907 for the Peaceful Settlement
of International Disputes shall be applied to the arbitrations
resulting from the present arrangement, with the exception, however,
of the articles which have been reserved by the contracting parties.
Done in two copies at Constantinople the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
ANNEX NO. IV. Protocol No.2
As the frontier line cuts the Maritza River and the Moustafa Pacha-
Adrianople-Dedeaghatch railway, which run between Ottoman and
Bulgarian territories, it has been agreed between the two contracting
parties that in order to keep commercial and other relations from the
slightest obstacles, the regulations and usages which at present govern
commercial intercourse both on the Maritza River and on the said
railway line, as well as all duties, taxes and so forth proceeding from the
said regulations, shall be fully maintained, and that all facilities compatible
with the said regulations and usages shall be accorded. No
modification can be introduced without a previous agreement between
the two contracting states and the administrations of the said railway
and river. Direct conveyance of merchandise shall be exempt from all
duties and taxes whatsoever; however, each government shall be able
to regulate the inspection of the said conveyance.
The provisions above shall be applied in the case of the railway only
until the day when the two high contracting parties shall have constructed
simultaneously, Bulgaria a connecting line to the Aegean Sea
through its territory, and Turkey a line terminating at the said sea.
It is understood that in time of peace Bulgaria shall be free, until
the construction of the anticipated line, which shall take place at the
latest within ten years, to transport upon the said railway as well as
upon the river recruits, troops, arms, munitions, provisions, etc.
The Ottoman state shall always have the right to take necessary
measures of supervision.
However, this transportation of troops and so forth shall not commence
earlier than three months after this day.
Done in two copies at Constantinople, the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
ANNEX NO. V. Declaration
In regard to Article 10, the Imperial Ottoman Government declares
that it has not consented, since the occupation by Bulgarian forces of
the ceded territories, of cessions of right to private individuals, with a
view to restricting the sovereign rights of the Bulgarian state.
Done in two copies at Constantinople, the 16/29 September, 1913.
| For Bulgaria: | For Turkey: |
| (Signed) | (Signed) |
| Savoff | Talaat |
| G. D. Natchovits | Mahmoud |
| A. Tocheff | Halil |
[1] Official text translated from La Turquie, Constantinople, September 30, 1913.
Source: Amercian Journal of International Law: Vol. 8, No. 1, Supplement: Official Documents. (Jan., 1914).
This reprint www.pollitecon.com
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