The PCIJ was asked to provide an advisory opinion on whether a proposed customs union between Germany and Austria would violate Austria's independence as guaranteed by the Treaty of Saint-Germain and the 1922 Geneva Protocol. By an 8-7 vote, the PCIJ concluded that the customs union would be incompatible with the 1922 Protocol, as it would compromise Austria's sole right to decide economic and political matters. However, the court found that the union would not directly violate Austrian independence. The key issue was whether such an agreement would restrict Austria's legal sovereignty and independence to make decisions within its own borders.
The PCIJ was asked to provide an advisory opinion on whether a proposed customs union between Germany and Austria would violate Austria's independence as guaranteed by the Treaty of Saint-Germain and the 1922 Geneva Protocol. By an 8-7 vote, the PCIJ concluded that the customs union would be incompatible with the 1922 Protocol, as it would compromise Austria's sole right to decide economic and political matters. However, the court found that the union would not directly violate Austrian independence. The key issue was whether such an agreement would restrict Austria's legal sovereignty and independence to make decisions within its own borders.
The PCIJ was asked to provide an advisory opinion on whether a proposed customs union between Germany and Austria would violate Austria's independence as guaranteed by the Treaty of Saint-Germain and the 1922 Geneva Protocol. By an 8-7 vote, the PCIJ concluded that the customs union would be incompatible with the 1922 Protocol, as it would compromise Austria's sole right to decide economic and political matters. However, the court found that the union would not directly violate Austrian independence. The key issue was whether such an agreement would restrict Austria's legal sovereignty and independence to make decisions within its own borders.
The Austro-German Customs Union Case obligation upon Austria to abstain from any act which
might compromise her independence.
RULING: Yes. The Court advised by 8 votes to 7, that the
FACTS: There was a request for an opinion on the customs union would be incompatible with the Protocol meaning of “independence” from the Council of the 1922; 7 judges also agreed that the union would be League of Nations of the Art. 88 of the Treaty of St. contrary to Art. 88 of the Treaty of Saint Germain. Germain which stipulated that Germany and Austria must remain independent except with the consent of the League of Nations. The Protocol No. 1 of Geneva 1922 The union does not violate Austrian independence, stipulated similar conditions. Austria and Germany were however it is incompatible with the Protocol attempting to establish free trade customs unions.
By the Treaty of Saint-Germain and by Protocol No. I of
The Court was asked by the Council for an opinion as to 1922, Austria agreed to conclude a treaty with a view to whether a regime established between Germany and establishing a customs union regime. The Court held that Austria on the basis and within the limits of the such a regime would not be compatible with Protocol No. principles laid down in the Protocol of Vienna of March I of 1922. 19th, 1931, between Germany and Austria would be compatible with Article 88 of the Treaty of Saint-Germain and with Protocol No. I signed at Geneva on October 4th, 1922. In accordance with the usual The Treaty of Saint-Germain must be understood to practice , States parties to any one of these instruments mean the continued existence of Austria within her were informed that the Court was prepared to receive present frontiers as a separate State with sole right of written statements and hear oral arguments, if they decision in all matters economics, political, financial or desired. The German, Austrian, French, Italian and other with the result that independence is violated, as Czechoslovak Governments availed themselves of this soon as there is any violation thereof, either in the invitation. economic, political or any other field, these different aspect of independence being in practice is one and indivisible. Austria and Germany reached a preliminary agreement on a customs union provided by a Protocol of 1931, which publicly was seen as a disturbance in international Compared to dependent States which are subject to the relations. authority of the superior State’s restriction on a State’s liberty following from International Law or contracted engagement do not affect its independence. Austria and Germany sought to create a customs union establishing free trade between States. Austria was a party to the Treaty of Saint-Germain 1919 which Dependent States are subject to the authority of one or provided that Austria undertakes to abstain from act more States where there is no relationship of superiority which might directly or indirectly or by any means and subordination, it is impossible to speak of whatever compromise her independence. Austria was dependence within the meaning of international law. It also a party to a Protocol of 1922 concerning economic follows that the legal conception of independence has independence to the effect. nothing to do with a State’s subordination to international law or with the numerous and constantly increasing States of De Facto dependence which characterize the relation of one country to other ISSUE: The question before the PCIJ was whether Austria countries. would be acting contrary to the provisions of Saint-German Treaty (1919) and the Protocol No. 1 signed in Geneva in 1922, in respect of Austrian’s economic independence. Both agreements contained an Independence refers to the legal independence of a State to act as sovereign within its borders.