A valuable doctrinal interpretation of the Treaty of Trianon

by Ioan Voicu

The anniversary, on the 4th of June of 2020, of the centenary of the signing of the Treaty of Trianon, occasioned the appearance of a suite of important articles, studies and books dedicated to this vital event in the history of Romania.

In this context, Pro Universitaria SRL, a publishing house with recognized prestige, published in 2021 the volume The Treaty of Trianon. Essential document that underlies the Great Union, coordinated by Ambassador Ion M. Angel.

The volume brings together, in its 184 pages, a rich and instructive legal and historical material. The structure of this valuable work is judicially constructed, solidly documented and offers readers a true doctrinal panorama of a fundamental theme for the Romanian state.

Thus, after a general presentation of the Peace Treaty between the Allied and Associated Powers and Hungary, signed on June 4, 1920 in Trianon, the preliminaries of the Paris Peace Conference (1918-1920) are analysed, its deliberations, as well as regulations and decisions adopted by this diplomatic forum. Next, the Treaty of Trianon is examined in the light of its content.

What follows is a brief historical evocation of a century of international relations with ups and downs, unfortunately sometimes tense between Romania and Hungary. The continuous harassment of Romania is evoked, not always carried out in good faith, within the limits of the regulations of international law.

This could not fail to hold the attention of the international community because of Hungarys fraud and desperate attempts to remove the Treaty of Trianon. Hungary’s obsession with evading the provisions of the Treaty, or at least with reducing its effects as much as possible, is highlighted.

Plastically, the actuality of the catilinical replica of the quousque tandem abutere, Catilina, patienta nostra, (How long will you abuse our patience, Catiline?) is highlighted in regards of Romanian-Hungarian relations. The authors of the book plead convincingly for the knowledge and firm defense of the Treaty of Trianon, considered as an imperative for Romanians, but also a guarantee of Romania’s existence as an independent and sovereign state.

Starting from the reality that Romania and Hungary are two geographically close neighbors, a pertinent evocation of the Romanian-Hungarian relations between 1918–2018 and of the Treaty of understanding, collaboration and good neighbourliness between Romania and the Republic of Hungary, of September 16, 1996, (noting that no reference to the Treaty of Trianon was made in this document).

In the up-to-date assessment of these relations, it is worth quoting a statement made on May 20, 2020, by Mr. Bogdan Aurescu, Romanian Minister of Foreign Affairs, stating: “A logic of partnership, according to everyone, is certainly the one that avoids at all costs, and especially in critical moments, escalation. Therefore, Romania is deeply interested to get out of the logic of challenges and confrontation and we propose to create the premises for shaping a constructive, civilized, modern, pragmatic, European Romanian-Hungarian relationship”.

Chapter I of this in-depth research begins with a key statement, further developed in detail: “The Treaty of Trianon is still and will remain as such, of overwhelming importance and acute topicality for Romania, even if some ignore it or prevent its knowledge, and others minimize its importance or even suggest and cultivate its ignorance. It is the most important treaty in the entire history of Romania… ”

In the same spirit, it is pointed out, from the perspective of the present, that "the topicality of the Treaty of Trianon exists indisputably, and will remain so as long as the European Union is based and effectively relies on the participation of sovereign states”.

Historically, it is recalled that the Treaty of Trianon (120 pages, 364 articles) was signed in Paris - in the Palace of the Great Trianon at Versailles, on June 4, 1920, by the 17 allied states (including Romania) on the one hand, and Hungary, on the other. On behalf of Romania, the Treaty was signed by Dr. I. Cantacuzino and Nicolae Titulescu. It was ratified by the Romanian Parliament (on August 17, 1920, by the Senate, and on August 26, 1920, by the Chamber of Deputies) and entered into force on July 26, 1921.

This political and legal instrument is an integral part of the system of peace treaties signed at the end of the First World War. For the Romanian people, the historical and legal significance of the Treaty of Trianon is presented by the consecration of the final accession of Transylvania to Romania, as well as the confirmation of the rights of Romanians who constituted the majority population in this territory and the cessation for them of the nightmare endured for centuries.

The Treaty of Trianon is based on the principle pacta sunt servanda, which enshrines the obligation to execute the treaty in good faith. The legal dimension - the binding force of the international treaty is concisely inscribed in art. 26, expressly entitled pacta sunt servanda and confirmed and explained in art. 27 of the Vienna Convention on the Law of Treaties (1969): "A Party may not invoke the provisions of its domestic law to justify the non-enforcement of a treaty." This principle is enshrined in our fundamental law: "The Romanian state undertakes to fulfill exactly and in good faith the obligations incumbent on it from the treaties to which it is a party" (art. 11 (1) of the Romanian Constitution).

The legal analysis of this document mentions, among other things, that compliance with the Treaty of Trianon is ensured by the participation of the Great Powers in this document, that it produces objective effects vis-à-vis any other state and that, without a period of validity, it is eternal. The provisions of the Treaty of Trianon give legal expression and enshrine the act of exercising by the Romanians in Transylvania their indisputable right to self-determination - uniting with the Country -, thus realizing a fundamental principle of international law applicable today.

From the perspective of this right, it is recalled that “Romania and Hungary, as partners in the EU and in NATO they are not only equal, but also solidary; consequently, each owes equal treatment and respect to the other in the attitude and gestures they make towards each other, as well as in the balance that must exist between their rights and obligations, including gestures of friendship”.

We cannot conclude these brief lines about an essential book for the diplomatic history of Romania without highlighting one of its conclusions, formulated with maximum clarity: “The Treaty of Trianon represents the document of capital value for the existence of Romania as a state of all Romanians and, therefore, the document must be known in depth, understood in its real meaning and defended at all costs by Romanians, with firmness and dignity…”

All chapters of the volume are based on a rich bibliographic apparatus, with numerous relevant footnotes, which will facilitate new research that remains open to all those interested in knowing the truth about the role of diplomacy in making Greater Romania.

The volume concludes with significant and very useful annexes, including not only documents strictly related to the history of the Treaty of Trianon, but also diplomatic instruments governing current relations between European states.

In our opinion, the volume, briefly presented here, deserves a version made as soon as possible in English, French and Russian, because the valuable doctrinal interpretation offered in this research by two distinguished legal and historical diplomats (Ion M. Anghel and Alexandru Ghişa) to be accessible to historians and researchers, as well as to students from all the signatory states of the Treaty of Trianon.