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Upper Silesian Language of School Certificates Case

International Law Reports Cited in Precedent Map Related
Vincent
JurisdictionRusia
CourtObsolete Court (Prussia)
Docket Number237.
Date15 November 1925
Upper Silesian Mixed Commission: Decision No. 138.
Case No. 237.
Upper Silesian Language of School Certificates Case.

Interpretation — General Purpose of the Treaty as an Element of Interpretation — Provisions of Minorities Treaties.

Interpretation of Minorities Treaties — Language of Instruction in Schools — Language of Certificates — General Purpose of the Treaty as an Element of Interpretation.

The Facts.—Article 132 of the Geneva Convention of 15 May, 1922, between Poland and Germany provided that the language of instruction in minority schools should be the language of the minority in question. A question having arisen as to the language in which testimonials of such schools in Upper Silesia should be issued to pupils, the Polish authorities insisting that the testimonials should be only in Polish and the German Minority asking that the testimonials should be issued both in German and in Polish,

Held: By the President of the Mixed Commission for Upper Silesia, that the testimonials should be issued in both languages. The fact that the Geneva Convention contained no express provisions on this point was not decisive. It was impossible, in a treaty of this kind, to regulate all the details of school administration. The very type of a minority school created by...

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