THE POSITION OF RUMANIA

Dominion, Volume 9, Issue 2701, 22 February 1916, Page 6

THE POSITION OF RUMANIA

RUSSIA'S RIGHTS ON THE DANUBE TREATY COMPLICATIONS. (By R.. C. Ilawkin, in the London "Daily News.") In 1856 the .Powers of Europe arranged with the Sultan of Turkey that the navigation of the Danube should be free, and an International Commission of seven members was founded to control the river and to improve the commercial facilities it provided. AustriaHungary, France, Prussia, Great Britain, Sardinia, Russia, and Turkey were parties to the Convention, and each was to send one representative to sit nt Galatz, wJiero tho _ Administration is located. The provisions of tho Vienna Congress regarding free rivers were incorporated, and the Danube theroby became controlled by what was called the Public Law of Europe. In 1865 all the works and establishments of this Commission were placed by the Powers under the guarantee and protection of International Law, and were to enjoy neutrality, which all the Powers agreed to respcct in the event of war. Tho Powers agreed to place war vessels at the mouth of tho Danube to enforce file Commission's authority.

After the Russo-Turkish war and before the Berlin Conference, ltussia dictated the peace of San Stefano to Turkey, and insisted thereby that all the Danubian fortresses should bo demolished and that 110 warships should bo allowed to enter the river. Tile rights and prerogatives of the European Commission were to be strictly maintained, and the Sultan was to pay for any loss which the River Commission ha<l : sustained by the war. international Claims. Whan the Berlin Conference met a few months later all this was reconsidered, and it was agreed that tlie stipulations of the Treaty of San Stefano might be modified by anything dccided by the Berlin Conference, 'flic

Powers then instituted Rumania an Independent State, and the islands of tho Danube Delta- were placed under her control.

The European Commission was constituted arbitrator regarding international claims 011 the river, and Rumania was forbidden to charge transit duties. Tho Iron Gates of the Danube at Orsovn in Hungary were fixed as the limit of tho Commission's pojver, and below tills point no vessel of war was allowed to navigate the Danube at all. The Powers might station police boats at the mouth of the river, but even theae cc-uld never pass tlio town of Galafc:. Rumania was empowered to appoint one Commissioner, but tlie Commission waa to be completely independent of the territorial authorities along tlie riverside, and all its rights and prerogatives wero solemnly confirmed by tlie Berlin Treaty. By means of a system of laxes 011 shipping leaving the river a revenue was provided to cover the cost of improvements.

In 1833 the six Great Powers and Turkey and Serbia met onco again nt London to consider , some new' rules drafted by the Commissioners.' It was agreed that the powers of the Commission should be retained till 1914, tnd after that- year they should be renewed by tacit consent every three years unless any Power should notify its intention of proposing a change in the constitution of tho Commission—in which case such Power must give one year's notice. Tho date for proposing a change in 1916 was November 24 of this vcar; so that no alteration can legally be made till 1919—unless some notice had already been given. Russia's Rights. _It was at this conference 'that Russia Required special rights. Provisions were made whereby Russia secured complete control of certain branches of the Delta as they pass through lier territory, and in caso of differences between the Commissioners and the terrltoriifl Powers it was decided that the European Powers must be consulted. Great care was also taken 'to regulate tho control of the branches of the Delta passing between Russia and Rumania by means of a sort of sub-com-nittee of the Russian and Rumanian Commissioners. The rights of the States holding territory along the river were defined. No sliip is allowed to enter or leave a Danubian port without showing its national flag. A service of river police was authorised and powers given to its inspectors. The administration of the police regulations and the supervision of the river between the Rumanian town of Braila and the Iron Gates of Hungary was placed under the authority of a new body called the "Mixed Commission," comprised of representatives of AustriaHungary, Bulgaria, _ Rumania, and Serbia. On this mixed Commission "uScria-Hungary has the right to nominate the chairman. The European Commission sends one of > its members to this mixed Commission to represent the other States of Europe; and any decision of the mixed Commission which touches the right of free' navigation musT come before the European Commission. To a large extent, however, the 'two Commissions are independent of each other. The Power of Rumania. Russia has exclusive rights over certain branches of the Danube Delta; and the main stream is under International control. Rumania, however, has far less control over the river than her geographical position would warrant, and she is as between Russia, and AustriaJlungary in almost as awkward a quandary as Greece is between Aus-, tria and the Entente. If Austria and Russia were to send l troops along the Danube to the Bulgarian riverside, Rumanian neutrality would not be vio-

lated, provided the troops do 'lot land on her shore, because the waters are not Rumanian. Both Powers would apparently be committing a breach of the public law of Europe, ae Austria has alreday done at Orsova, higher up the stream; but Rumania has no power to interfere, except by instructing her representation on the ttivor Commission to vote in favour of sending the river police to arrest the delinquents.

The Russian amy can apparently proceed by 6ea or river to Bulgaria; tmt if they travel up the river, to meet tlie Austrians, it will mean tlie breakdown of another International Treaty, and Austria ivill jeopa.rdisb the maintenance of her present influence over the lower reaches~of the Danubp.