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J. D. B. News Letter

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Iraq Government could ask for immediate negotiations, and, if they failed to produce agreement within three months from the time the request was made, Iraq would be free from the obligation to accord most-favored-nation treatment.

(c) The obligation is not in any case to apply to facilities accorded by Iraq to adjacent countries to facilitate frontier traffic, or to those resulting from a customs union concluded by Iraq, nor to any special advantages in customs matters which Iraq may grant to goods produced or manufactured in Turkey or in any country whose territory was wholly included in the Ottoman Empire in Asia in 1914.

The declaration confirms the abolition of the system of capitulations that was inaugurated during the mandatory period, and maintains, for a period of ten years from the date of Iraq’s admission to the League, the system by which the Iraq Government appoints a certain number of foreign jurists to hold posts in its judiciary. It is provided that these foreign jurists should be nine, and should be selected without distinction of nationality. In order to give moral backing to the demarches, the British Government is to undertake to secure the consent of the fourteen Powers concerned to the abrogation of their capitulatory rights, the Council recommending these Powers to renounce the rights in question.

The declaration provides for continuity in the treaty obligations of the new State, as well as in the legal rights of whatever nature acquired before the termination of the mandatory regime by individuals, associations or juridical persons and in all financial obligations.


Any member of the Council has the right to draw the latter’s attention to any infraction or danger of infraction of any of the provisions regarding minorities, and the Council may thereupon take such measures and give such direction as it may deem proper and effective in the circumstances; any member of the Council may further refer to the International Court any dispute on a question of law or fact arising out of the minority provisions.

The minority declaration forms a separate chapter of the declaration, in ten articles.

Another chapter includes all the other matters, as well as the special article concerning the rights of religious missions. Any difference of opinion regarding the provisions of this chapter may be brought before the Council by any member of the League (including Iraq herself), and any dispute as to their interpretation or execution may be referred to the International Court.

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