inds the sea in Holland;
the Danube rises in Germany but flows over its greater length elsewhere;
the Elbe rises in the mountains of Bohemia, now called Czecho-Slovakia;
the Oder traverses Lower Silesia; and the Niemen now bounds the frontier
of East Prussia and has its source in Russia. Of these, the Rhine and
the Niemen are frontier rivers, the Elbe is primarily German but in its
upper reaches has much importance for Bohemia, the Danube in its German
parts appears to have little concern for any country but Germany, and
the Oder is an almost purely German river unless the result of the
plebiscite is to detach all Upper Silesia.
Rivers which, in the words of the Treaty, "naturally provide more than
one State with access to the sea," properly require some measure of
international regulation and adequate guarantees against discrimination.
This principle has long been recognized in the International Commissions
which regulate the Rhine and the Danube. But on such Commissions the
States concerned should be represented more or less in proportion to
their interests. The Treaty, however, has made the international
character of these rivers a pretext for taking the river system of
Germany out of German control.
After certain Articles which provide suitably against discrimination and
interference with freedom of transit,[68] the Treaty proceeds to hand
over the administration of the Elbe, the Oder, the Danube, and the Rhine
to International Commissions.[69] The ultimate powers of these
Commissions are to be determined by "a General Convention drawn up by
the Allied and Associated Powers, and approved by the League of
Nations."[70] In the meantime the Commissions are to draw up their own
constitutions and are apparently to enjoy powers of the most extensive
description, "particularly in regard to the execution of works of
maintenance, control, and improvement on the river system, the financial
regime, the fixing and collection of charges, and regulations for
navigation."[71]
So far there is much to be said for the Treaty. Freedom of through
transit is a not unimportant part of good international practice and
should be established everywhere. The objectionable feature of the
Commissions lies in their membership. In each case the voting is so
weighted as to place Germany in a clear minority. On the Elbe Commission
Germany has four votes out of ten; on the Oder Commission three out of
nine; on the Rhine Commission four out of
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