TREATY OF PEACE BETWEEN FINLAND AND GERMANY. SIGNED AT BERLIN, 7 MARCH, 1918.

The Imperial German Government and the Finnish Government, inspired by the wish, after the declaration of the independence of Finland and its recognition by Germany, to bring about a condition of peace and amity between the two countries on a lasting basis, have decided to conclude a peace treaty and for this purpose have appointed: the Imperial German Government: the Chancellor of the German Empire, Dr. Count von Hertling; the Finnish Government: Mr. Dr. phil. Eduard Simon Emanuel Hjelt, State Councilor, Vice Chancellor of the University of Helsinki, and Mr. Dr. jur. Rafael Waldemar Erich, Professor of State and International Law at the University of Helsinki, who, after the mutual presentation of their powers, found in good and due form, have agreed on the following provisions: 

Chapter I.

Art. 1 – The contracting parties declare that there is no state of war between Germany and Finland and that they have decided to live henceforth in peace and friendship with each other. Germany will do what she can to bring about the recognition of the independence of Finland by all the Powers. On the other hand, Finland will not cede any part of her possessions to any foreign Power nor grant a servitude on her sovereign territory to any such Power before first having come to an understanding with Germany on the matter. 

Art. 2 – Diplomatic and consular relations between the contracting parties will be resumed immediately after the confirmation of the Peace Treaty. As regards the widest possible admission of Consuls on both sides, special agreements are reserved.

Art. 3 – Each of the contracting parties will indemnify the damages which have been caused in its own territory by virtue of the war, or which the local public authorities or the population have occasioned by actions contrary to international law, or which have been caused to consular officials of the other party either in body, liberty, health, or property, or to consular offices of the other party. or to their contents. 

CHAPTER II. 

Art. 4 – The contracting parties renounce mutually the refunding of war costs, that is to say, State expenses for the carrying on of the war as well as the payment of indemnities for war damages, that is to say, for those prejudices which have been caused them and their nationals in the war zones by reason of military measures, inclusive of all actions made in the country of the enemy. 

Chapter III. 

Art. 5 – The treaties which went out of force as a consequence of the war between Germany and Russia shall be replaced as soon as possible by new treaties for relations between the contracting parties, to meet the changed viewpoint and conditions. Especially, the two parties shall, as soon as possible, enter into negotiations in order to conclude a treaty of commerce and navigation.In the meantime the trade relations between the two countries will be regulated through an agreement of commerce and navigation which is to be signed at the same time as the Pence Treaty.

Art. 6 – Treaties in which, apart from Germany and Russia, also third Powers take part, and in which Finland appears together with Russia or in the place of the later, come into force between the contracting parties on the ratification of the Peace Treaty or, in case the accession takes place later, at that moment.In connection with collective treaties of political purport, in which other belligerent Powers also participate, the two parties reserve their attitude until after the conclusion of a general peace.

Art. 7 – All stipulations existing in the territories of either of the contracting parties, according to which, in view of the state of war, nationals of the other party are subjected to any special regulation (war laws) whatever in regard to their private rights, go out of force on the confirmation of this treaty.

Art. 8 – With regard to private debt relations which have been affected by war laws, the following has been agreed upon:

§ 1.

The debt relations will be reestablished in so far as the stipulations of Articles 8 to 12 do not provide otherwise.

§2.

The stipulations of § 1 do not prevent the decision, in accordance with the local laws applicable to all the inhabitants of the country, of the question as to what extent the conditions created by the war, especially the impossibility of fulfilling an obligation, owing to the obstacles in traffic commercial prohibitions in the territory of either of the contracting parties, exert upon debt relations. 

In this connection nationals of the one party who have been interfered with by the measures of the other party, are not to be dealt with more unfavorably than the nationals of the latter State,· who have been interfered with by measures of that State. A persan who by the war has been prevented from earrying out in good time a payment shall not be obliged to make good the damages with has occurred owing thereto

§ 3.

Pecuniary claims, whose payment could be refused during the war on the strenght of war laws, need not be paid until after the expiration of three months after the confirmation of the Peace Treaty. In so far as nothing to the contrary is stipulatcd in the supplementary treaty, (Article 32, Paragraph 2), an interest of 5 per cent per annum must be paid on such debts from the original date on which they were due, for the duration of the war and the further three months,regardless of moratoriums. Up to the day on which they were originally due, the interest agreed upon in the givcn case must be paid.

In the case of bills or cheques submission to payment as well as protests for nonpayment must take place within the fourth month after the confirmation of this treaty.

§ 4.

For the settlement of outstanding debts and other private obligations, the officially recognized associations for the protection of creditors arc to he mutually recognized and admitted as plenipotentiaries for tho prosecution of daims of the natural and juridical persons associated with them.

Art. 9 – Each contracting party will immediately after the confirmation of the peace treaty resume payment of its obligations, especially the public debt service to the nationals of the other party. The obligations which come due before the confirmation of the treaty will be paid within three months after the confirmation. 

Art. 10 – Copyrights, industrial patents, concessions, and privileges, as well as similar claims based on public law, which have prejudiced by war laws, shall be reestablished in so far as nothing else has been stipulated to the contrary in Article 12. 

Each contracting party will grant to the nationals of the other party who, on account of the war, have neglected to avail themselves of the legal period in which to undertake an action necessary for the establishment or maintenance of an industrial patent without prejudice to the properly acquired rights of third parties, a period of at least one year in which to recover the action. Industrial patents of the nationals Of one party which were in force at the outbreak of the war shall not lapse in the territory of the other party, owing to their non application, till after the termination of four years from the confirmation of this treaty. 

If in the territory of one of the contracting parties an industrial patent which because of the war laws could not be applied for in accordance with the rules, is applied for by him who during the war has taken protective measures in the territory of the other party, such application if made within six months after the confirmation of the treaty and on the claim of priority, shall, with the reservation of the rights of third parties, have priority over all applications submitted in the meantime, and can not be made ineffective by facts which have arisen in the meantime.

Art. 11 – Periods for the expiration of rights shall, in the territory of each of the contracting parties, with regard to the nationals of the other party, expire at the earliest one year after the confirmation of the peace treaty in so far as they are not expired at the time of the outbreak of war. The same applies to periods for the submission of interest or share certificates as well as to bills which have been redeemed or have become otherwise payable. 

Art. 12 – The activity of the institutions who on the strength of war laws have been entrusted with the supervision, custody, administration, or liquidation of property or with the receiving of payments, is without prejudice to the stipulations of Article 13, to be wound up, in accordance with the following principles: 

§ 1. 

Properties under supervision, in custody or under administration, are to be set free immediately on the demand of the parties entitled to them. Until the moment of transfer to the entitled party, care must be taken for the safeguarding of his interests. 

§ 2. 

The provisions in Paragraph 1 shall not modify the properly acquired rights of third parties. Payments and other obligations of a debtor which, as mentioned at the beginning of the article, have been received or caused to be received at the places mentioned, shall, in the territories of the contracting parties, have the same effect as if the creditor himself had received them.Private measures which have been taken at the places mentioned at the instigation of the parties or by them will have full effect and are to be maintained by the parties. 

§ 3. 

Regarding the activity of the places mentioned at the beginning of this article, especially regarding receipts and payments, information shall at once be given to the authorized parties immediately upon demand. Claims which have been presented by reason of the activity of these places can only be dealt with according to the stipulations of Article 14. 

Art. 13 – Parcels of land or rights in a parcel of land or in mines as well as rights in the use or exploitation of lands, enterprises or participation in an enterprise, especially shares which by reason of war laws have been taken or forcibly taken from the persons entitled to them, shall be transferred to the former owner upon his demand within a period of one year after the confirmation of the peace treaty, and there shall be returned to him any profits which have accrued on such property during the alienation or deprivation, exempt from all rights of third parties which may have arisen in the meantime. 

CHAPTER VI. 

Art. 14 – The national of one of the contracting parties resident in the territory of the other contracting party who, by reason of war laws, has suffered damage either by the temporary or permanent privation of concessions, privileges, and similar claims, or by the supervision, trusteeship, administration or alienation of property, is to be appropriately indemmficd so far as the damage by the war cannot be replaced by the actual reestablishmcnt of the former condition. This also applics to shareholdcrs who, on account of their character, as enemy aliens, are excluded from certain preferential rights.

Art. 15 – Each contracting party will indemnify the civilian nationals of the other party for damages which have been caused to them in its territory during the war by tho local authorities or the population through act of violence contrary to international law and against their body, health, or property.

Art. 16 – Each contracting party will at once pay tho nationals of tho other party for property requisitioned within its territory in so far us this has not already been done.

Art. 17 – For tho fixing of the damages, according to Articles 14 and 15, there shall meet in Berlin a commission immediately after the confirmation of this treaty which shall consist of one-third each of representatives of the contracting parties and one-third of neutrals. Tho President of the Swiss Federal Council shall be asked to nominate· the neutral members, and among them the Chairman.The commission shall· establish the principles, on the · basis of which it is to render its decisions’; also adopt tho necessary business order for tho settlement of its tasks and tho proper rules of procedure Its decisions shall be carried out by subcommission, which shall consist of one representative from each of the contracting parties and a neutral umpire. The amounts fixed by the subcommission are to be paid within one month of the decision being made.

Art. 18 – Finnish prisoners of war in Germany and German prisoners of war in Finland shall, as soon as practicable, be exchanged within periods to be fixed by a German-Finnish Commission, subject to the payment of the costs entailed in such exchange, in so far as those prisoners, with the consent of the State where they are held, do not wish to stay in the country, or to go to another country. The commission will also have to settle the further details of such exchange and to supervise its execution.

Art. 19 – The deported or interned ·civilians on both sides will be sent home as soon as practicable free of charge so far as, subject to the consent of the country on whose terri tory they are staying, they do not wish to remain there or wish to go to another country. The settlement of the details and the supervision of their execution shall be carried out by the commission mentioned in Article 18. The Finnish Government will endeavor to obtain from the Russian Government the release of those Germans who were captured in Finnish territory and who at the present time are outside Finnish but on Russian territpry.

Art. 20 – The nationals of one party who at the outbreak of war had their domicile or commercial establishments in the territory of the other party and who did not remain in that territory may return there as soon us the other party is rio longer in a state of war. Their return can only be refused for reasons of the internai or external safety of the State. A pass made out by the authorities of the home State, in which it is to be stated that the bearer is one of those persons specified in paragraph 1, will be sufficient proof. No visé is necessary on such passes.

Art. 21 – Each of the contracting parties obligates itself to respect and to tend the burial places of those belonging to the military forces of the other party who fell in the war as well as of those who died during internment or deportation; and the persons entrusted by each party with the cure and proper decoration of the burial places may attend to these duties in accord with the authorities of each country. Questions connected with the cure of such burial places are reserved for furthcr agreements.

CHAPTER VIII.

Art. 22 – Each of the contracting parties concedes full immunity from penalty to those belonging to the other party who are prisoners  of war for all criminal acts committed by them  and further for alla civilian interned or deported  nationals of other party for all punishable acts committed by them during their internment or deportation period , and lastly to all nationals of the other party for infractions against all exceptional laws made to the disadvantage of enemy aliens.’l’he contracting parties will also give their support to each other in the reestablishment of the mutual commercial intercourse, after the assuring of safe shipping lanes, which had been disturbed by the war.

CHAPTER X.

Art. 30 – The contracting parties are agreed that the forts built upon the Aland Islands are to be removed as soon as possible, and that the permanent non-fortified character of these islands and also their treatment in a military and technical sense for purposes of shipping, shall be settled by agreement between Germany, Finland, Russia, and Sweden; and to these agreements, at the wish of Germany, the other States bordering upon the Baltic Sea shall be invited to assent.

CHAPTER XI 

Art. 31 – This Peace Treaty shall be confirmed. The confirmatory documents shall be exchanged as soon as practicable in Berlin. 

Art. 32 – The Peace Treaty, in so far as is not otherwise stipulated, shall come into force with its confirmation. To complete the Treaty the representatives of the contracting parties shall meet in Berlin within four months of its confirmation. In faith whereof the plenipotentiaries of both parties have signed the present Treaty and affixed their seals. Done in duplicate in Berlin on November 7, 1918.

Signed the present treaty and affixed their seals to it. Done in duplicate original at Berlin, 7 March, 1918.

Le texte du traité est publié in

| 1,3 Mo Texts of the Finland ‘Peace’, Washington, Government Printing Office, 1918, pp. 13-26

Pour les références bibliographiques des recueils mentionnés ci-dessous, voy. la page consacrée aux recueils de traités

La présente fiche a été réalisée dans le cadre du programme de stage du Céric à la Faculté de Droit et de Science politique de l’Université d’Aix-Marseille.

Elle a été conçue par :

Mohamed Bekkouche (fiche de contextualisation, illustration, résumé, transcription du texte intégral)

Anna Elliott (travail de vérification)

Pr. Romain Le Boeuf (sources, transcription du texte intégral)

Crédits image : Wikipédia.