1928

PCIJ

Rights of Minorities in Polish Upper Silesia (Minority Schools)

Following the 1921 partition of the Upper Silesian region between Germany and Poland, a convention was concluded between them in 1922, with the aim of assuring, during a period of 15 years, a transitional regime in both sides of the frontier, certain provision related the educational system of the minorities. Poland declared null a large number of entries of children in the registers of the German minority schools. Germany submitted the case to interpretation of the relevant clauses. Poland raised objection to jurisdiction in its second written pleadings (rejoinder) after having argued the case on its merits in its first written pleadings (counter memorial)

There seems to be no doubt that the consent of a state to the submission of a dispute to the court may not only result from an express declaration, but may be inferred from acts conclusively establishing it. It seems hardy to deny that the submission of arguments on the merits, without making reservation in regard to the question of jurisdiction, must be regarded as an unequivocal indication of the desire of a state to obtain a decision on the merits of a suit…the respondent has by express declaration indicated his desire to obtain a decision on the merits and his intention to abstain from raising the question of jurisdiction, it seems clear that he cannot later on in the proceedings go back upon that declaration. [Forum prorogatum]