[Sidenote: Effect of Treaties upon third States.]

§ 522. According to the principle _pacta tertiis nec nocent nec

prosunt_, a treaty concerns the contracting States only; neither rights

nor duties, as a rule, arise under a treaty for third States which are

not parties to the treaty. But sometimes treaties have indeed an effect

upon third States. Such an effect is always produced when a treaty

touches previous treaty rights of third States. Thus, for instance, a

commercial treaty conceding more favourable conditions than hitherto

have been conceded by the parties thereto has an effect upon all such

third States as have previously concluded commercial treaties containing

the so-called _most-favoured-nation clause_[888] with one of the

contracting parties.

[Footnote 888: See below, § 580, but note the American interpretation of

this clause.]

The question arises whether in exceptional cases third States can

acquire rights under such treaties as were specially concluded for the

purpose of creating such rights not only for the contracting parties but

also for third States. Thus, the Hay-Pauncefote Treaty between Great

Britain and the United States of 1901, and the Hay-Varilla Treaty

between the United States and Panama of 1903, stipulate that the Panama

Canal to be built shall be open to vessels of commerce and of war of all

nations, although Great Britain, the United States, and Panama only are

parties.[889] Thus, further, article 5 of the Boundary Treaty of Buenos

Ayres of September 15, 1881, stipulates that the Straits of Magellan

shall be open to vessels of all nations, although Argentina and Chili

only are parties. Again, the Treaty of Paris, signed on March 30, 1856,

and annexed to the Peace Treaty of Paris of 1856, stipulates that Russia

shall not fortify the Aland[890] Islands; although this stipulation was

made in the interest of Sweden, only Great Britain, France, and Russia

are parties. I believe that the question must be answered in the

negative, and nothing prevents the contracting parties from altering

such a treaty without the consent of third States, provided the latter

have not in the meantime acquired such rights through the unanimous

tacit consent of all concerned.

[Footnote 889: See above, § 184.]

[Footnote 890: See above, § 205, p. 277, note 2.]

It must be emphasised that a treaty between two States can never

invalidate a stipulation previously created by a treaty between one of

the contracting parties and a third State, unless the latter expressly

consents. If, for instance, two States have entered into an alliance and

one of them afterwards concludes a treaty with a third State, according

to which all conflicts without exception shall be settled by

arbitration, the previous treaty of alliance remains valid even in the

case of war breaking out between the third State and the other party to

the alliance.[891] Therefore, when in 1911 Great Britain contemplated

entering, with the United States of America, into a treaty of general

arbitration according to which all differences should be decided by

arbitration, she notified Japan of her intention, on account of the

existing treaty of alliance, and Japan consented to substitute for the

old treaty a new treaty of alliance,[892] article 4 of which stipulates

that the alliance shall never concern a war with a third Power with whom

one of the allies may have concluded a treaty of general arbitration.

[Footnote 891: See below, § 573.]

[Footnote 892: See below, § 569.]

VII

MEANS OF SECURING PERFORMANCE OF TREATIES

Vattel, II. §§ 235-261--Hall, § 115--Lawrence, § 134--Phillimore,

II. §§ 54-63A--Bluntschli, §§ 425-441--Heffter, §§ 96-99--Geffcken

in Holtzendorff, III. pp. 85-90--Ullmann, § 83--Bonfils, Nos.

838-844--Despagnet, Nos. 451-452--Pradier-Fodéré, II. Nos.

1156-1169--Rivier, II. pp. 94-97--Nys, III. pp. 36-41--Calvo, III.

§§ 1638-1642--Fiore, II. Nos. 1018-1019, and Code, Nos.

784-791--Martens, I. § 115--Nippold, op. cit. pp. 212-227.

[Sidenote: What means have been in use.]

§ 523. As there is no international institution which could enforce the

performance of treaties, and as history teaches that treaties have

frequently been broken, various means of securing performance of

treaties have been made use of. The more important of these means are

oaths, hostages, pledges, occupation of territory, guarantee. Nowadays

these means, which are for the most part obsolete, have no longer great

importance on account of the gratifying fact that all States are now

much more conscientious and faithful as regards their treaty obligations

than in former times.

[Sidenote: Oaths.]

§ 524. Oaths are a very old means of securing the performance of

treaties, which was constantly made use of not only in antiquity and the

Middle Ages, but also in modern times. For in the sixteenth and

seventeenth centuries all important treaties were still secured by

oaths. During the eighteenth century, however, the custom of securing

treaties by oaths gradually died out, the last example being the treaty

of alliance between France and Switzerland in 1777, which was solemnly

confirmed by the oaths of both parties in the Cathedral at Solothurn.

The employment of oaths for securing treaties was of great value in the

times of absolutism, when little difference used to be made between the

State and its monarch. The more the distinction grew into existence

between the State as the subject of International Law on the one hand,

and the monarch as the temporary chief organ of the State on the other

hand, the more such oaths fell into disuse. For an oath can exercise its

force on the individual only who takes it, and not on the State for

which it is taken.

[Sidenote: Hostages.]

§ 525. Hostages are as old a means of securing treaties as oaths, but

they have likewise, for ordinary purposes[893] at least, become

obsolete, because they have practically no value at all. The last case

of a treaty secured by hostages is the Peace of Aix-la-Chapelle in 1748,

in which hostages were stipulated to be sent by England to France for

the purpose of securing the restitution of Cape Breton Island to the

latter. The hostages sent were Lords Sussex and Cathcart, who remained

in France till July 1749.

[Footnote 893: Concerning hostages nowadays taken in time of war, see

below, vol. II. §§ 258-259.]

[Sidenote: Pledge.]

§ 526. The pledging of movable property by one of the contracting

parties to the other for the purpose of securing the performance of a

treaty is possible, but has not frequently occurred. Thus, Poland is

said to have pledged her crown jewels once to Prussia.[894] The pledging

of movables is nowadays quite obsolete, although it might on occasion be

revived.

[Footnote 894: See Phillimore, II. § 55.]

[Sidenote: Occupation of Territory.]

§ 527. Occupation of territory, such as a fort or even a whole province,

as a means of securing the performance of a treaty, has frequently been

made use of with regard to the payment of large sums of money due to a

State under a treaty. Nowadays such occupation is only resorted to in

connection with treaties of peace stipulating the payment of a war

indemnity. Thus, the preliminary peace treaty of Versailles in 1871

stipulated that Germany should have the right to keep certain parts of

France under military occupation until the final payment of the war

indemnity of five milliards of francs.

[Sidenote: Guarantee.]

§ 528. The best means of securing treaties, and one which is still in

use generally, is the guarantee of such other States as are not directly

affected by the treaty. Such guarantee is a kind of accession[895] to

the guaranteed treaty, and a treaty in itself--namely, the promise of

the guarantor eventually to do what is in his power to compel the

contracting party or parties to execute the treaty.[896] Guarantee of a

treaty is a species only of guarantee in general, which will be

discussed below, §§ 574-576_a_.

[Footnote 895: See below, § 532.]

[Footnote 896: Nippold (p. 266) proposes that a universal treaty of

guarantee should be concluded between all the members of the Family of

Nations guaranteeing for the present and the future all international

treaties. I do not believe that this well-meant proposal is feasible.]

VIII

PARTICIPATION OF THIRD STATES IN TREATIES

Hall, § 114--Wheaton, § 288--Hartmann, § 51--Heffter, §

88--Ullmann, § 81--Bonfils, Nos. 832-834--Despagnet, No.

448--Pradier-Fodéré, II. Nos. 1127-1150--Rivier, II. pp.

89-93--Calvo, III. §§ 1621-1626--Fiore, II. Nos.

1025-1031--Martens, I. § 111.

[Sidenote: Interest and Participation to be distinguished.]

§ 529. Ordinarily a treaty creates rights and duties between the

contracting parties exclusively. Nevertheless, third States may be

interested in such treaties, for the common interests of the members of

the Family of Nations are so interlaced that few treaties between single

members can be concluded in which third States have not some kind of

interest. But such interest, all-important as it may be, must not be

confounded with participation of third States in treaties. Such

participation can occur in five different forms--namely, good offices,

mediation, intervention, accession, and adhesion.[897]

[Footnote 897: That certain treaties concluded by the suzerain are _ipso

facto_ concluded for the vassal State does not make the latter

participate in such treaties. Nor is it correct to speak of

participation of a third State in a treaty when a State becomes party to

a treaty through the fact that it has given a mandate to another State

to contract on its behalf.]

[Sidenote: Good Offices and Mediation.]

§ 530. A treaty may be concluded with the help of the good offices or

through the mediation of a third State, whether these offices be asked

for by the contracting parties or be exercised spontaneously by a third

State. Such third State, however, does not necessarily, either through

good offices or through mediation, become a real party to the treaty,

although this might be the case. A great many of the most important

treaties owe their existence to the good offices or mediation of third

Powers. The difference between good offices and mediation will be

discussed below, vol. II. § 9.

[Sidenote: Intervention.]

§ 531. A third State may participate in a treaty in such a way that it

interposes dictatorially between two States negotiating a treaty and

requests them to drop or to insert certain stipulations. Such

intervention does not necessarily make the interfering State a real

party to the treaty. Instances of threatened intervention of such a kind

are the protest on the part of Great Britain against the preliminary

peace treaty concluded in 1878 at San Stefano[898] between Russia and

Turkey, and that on the part of Russia, Germany, and France in 1895

against the peace treaty of Shimonoseki[899] between Japan and China.

[Footnote 898: See above, § 135, p. 190, No. 2.]

[Footnote 899: See R.G. II. pp. 457-463. Details concerning intervention

have been given above, § 134-138; see also below, vol. II. § 50.]

[Sidenote: Accession.]

§ 532. Of accession there are two kinds. Accession means, firstly, the

formal entrance of a third State into an existing treaty so that such

State becomes a party to the treaty with all rights and duties arising

therefrom. Such accession can take place only with the consent of the

original contracting parties, and accession always constitutes a treaty

of itself. Very often the contracting parties stipulate expressly that

the treaty shall be open to the accession of a certain State. And the

so-called law-making treaties, as the Declaration of Paris or the Geneva

Convention for example, regularly stipulate the option of accession of

all such States as have not been originally contracting parties.

But there is, secondly, another kind of accession possible. For a State

may enter into a treaty between other States for the purpose of

guarantee.[900] This kind of accession makes the acceding State also a

party to the treaty; but the rights and duties of the acceding State are

different from the rights and duties of the other parties, for the

former is a guarantor only, whereas the latter are directly affected by

the treaty.

[Footnote 900: See above, § 528.]

[Sidenote: Adhesion.]

§ 533. Adhesion is defined as such entrance of a third State into an

existing treaty as takes place either with regard only to a part of the

stipulations or with regard only to certain principles laid down in the

treaty. Whereas through accession a third State becomes a party to the

treaty with all the rights and duties arising from it, through adhesion

a third State becomes a party only to such parts or principles of the

treaty as it has adhered to. But it must be specially observed that the

distinction between accession and adhesion is one made in theory, to

which practice frequently does not correspond. Often treaties speak of

accession of third States where in fact adhesion only is meant, and

_vice versa_. Thus, article 6 of the Hague Convention with respect to

the laws and customs of war on land stipulates the possibility of future

_adhesion_ of non-signatory Powers, although accession is meant.

IX

EXPIRATION AND DISSOLUTION OF TREATIES

Vattel, II. §§ 198-205--Hall, § 116--Westlake, I. pp.

284-286--Lawrence, § 134--Halleck, I. pp. 293-296--Taylor, §§

394-399--Wharton, II. § 137A--Wheaton, § 275--Moore, V. §§

770-778--Bluntschli, §§ 450-461--Heffter, § 99--Ullmann, §

85--Bonfils, Nos. 855-860--Despagnet, Nos.

453-455--Pradier-Fodéré, II. Nos. 1200-1218--Mérignhac, II. p.

788--Rivier, II. § 55--Nys, III. pp. 48-53--Calvo, III. §§

1662-1668--Fiore, II. Nos. 1047-1052--Martens, I. § 117--Jellinek,

"Die rechtliche Natur der Staatenverträge" (1880), pp.

62-64--Nippold, op. cit. pp. 235-248--Olivi, "Sull' estinzione dei

trattati internazionali" (1883)--Schmidt, "Ueber die

völkerrechtliche _clausula rebus sic stantibus_, &c."

(1907)--Kaufmann, "Das Wesen des Völkerrechts und die _clausula

rebus sic stantibus_" (1911)--Bonucci in Z.V. IV. (1910), pp.

449-471.

[Sidenote: Expiration and Dissolution in Contradistinction to

Fulfilment.]

§ 534. The binding force of treaties may terminate in four different

ways, because a treaty may either expire, or be dissolved, or become

void, or be cancelled.[901] The grounds of expiration of treaties are,

first, expiration of the time for which a treaty was concluded, and,

secondly, occurrence of a resolutive condition. Of grounds of

dissolution of treaties there are three--namely, mutual consent,

withdrawal by notice, and vital change of circumstances. In

contradistinction to expiration and dissolution as well as to voidance

and cancellation, performance of treaties does not terminate their

binding force. A treaty whose obligation has been performed is as valid

as before, although it is now of historical interest only.

[Footnote 901: The distinction made in the text between fulfilment,

expiration, dissolution, voidance, and cancellation of treaties is, as

far as I know, nowhere sharply drawn, although it would seem to be of

considerable importance. Voidance and cancellation will be discussed

below, §§ 540-544 and 545-549.]

[Sidenote: Expiration through Expiration of Time.]

§ 535. All such treaties as are concluded for a certain period of time

only, expire with the expiration of such time, unless they are renewed

or prolonged for another period. Such time-expiring treaties are

frequently concluded, and no notice is necessary for their expirations,

except when specially stipulated.

A treaty, however, may be concluded for a certain period of time only,

but with the additional stipulation that the treaty shall after the

lapse of such period be valid for another such period, unless one of the

contracting parties gives notice in due time.

[Sidenote: Expiration through Resolutive Condition.]

§ 536. Different from time-expiring treaties are such as are concluded

under a resolutive condition, which means under the condition that they

shall at once expire with the occurrence of certain circumstances. As

soon as these circumstances arise, the treaties expire.

[Sidenote: Mutual Consent.]

§ 537. A treaty, although concluded for ever or for a period of time

which has not yet expired, may nevertheless always be dissolved by

mutual consent of the contracting parties. Such mutual consent can

become apparent in three different ways.

First, the parties can expressly and purposely declare that a treaty

shall be dissolved; this is rescission. Or, secondly, they can conclude

a new treaty concerning the same objects as those of a former treaty

without any reference to the latter, although the two treaties are

inconsistent with each other. This is substitution, and in such a case

it is obvious that the treaty previously concluded was dissolved by

tacit mutual consent. Or, thirdly, if the treaty is such as imposes

obligations upon one of the contracting parties only, the other party

can renounce its rights. Dissolution by renunciation is a case of

dissolution by mutual consent, since acceptance of the renunciation is

necessary.

[Sidenote: Withdrawal by Notice.]

§ 538. Treaties, provided they are not such as are concluded for ever,

may also be dissolved by withdrawal, after notice by one of the parties.

Many treaties stipulate expressly the possibility of such withdrawal,

and as a rule contain details in regard to form and period in which

notice is to be given for the purpose of withdrawal. But there are other

treaties which, although they do not expressly stipulate the

possibility of withdrawal, can nevertheless be dissolved after notice by

one of the contracting parties. To that class belong all such treaties

as are either not expressly concluded for ever or apparently not

intended to set up an everlasting condition of things. Thus, for

instance, a commercial treaty or a treaty of alliance not concluded for

a fixed period only can always be dissolved after notice, although such

notice be not expressly stipulated. Treaties, however, which are

apparently intended, or expressly concluded, for the purpose of setting

up an everlasting condition of things, and, further, treaties concluded

for a certain period of time only, are as a rule not notifiable,

although they can be dissolved by mutual consent of the contracting

parties.

It must be emphasised that all treaties of peace and all boundary

treaties belong to this class. It cannot be denied that history records

many cases in which treaties of peace have not established an

everlasting condition of things, since one or both of the contracting

States took up arms again as soon as they recovered from the exhausting

effect of the previous war. But this does not prove either that such

treaties can be dissolved through giving notice, or that, at any rate as

far as International Law is concerned, they are not intended to create

an everlasting condition of things.

[Sidenote: Vital Change of Circumstances.]

§ 539. Although, as just stated, treaties concluded for a certain period

of time, and such treaties as are apparently intended or expressly

contracted for the purpose of setting up an everlasting condition of

things, cannot in principle be dissolved by withdrawal of one of the

parties, there is an exception to this rule. For it is an almost

universally recognised fact that vital changes of circumstances may be

of such a kind as to justify a party in notifying an unnotifiable

treaty. The vast majority of publicists, as well as all the Governments

of the members of the Family of Nations, defend the principle

_Conventio omnis intelligitur rebus sic stantibus_, and they agree,[902]

therefore, that all treaties are concluded under the tacit condition

_rebus sic stantibus_. That this condition involves a certain amount of

danger cannot be denied, for it can be, and indeed sometimes has been,

abused for the purpose of hiding the violation of treaties behind the

shield of law, and of covering shameful wrong with the mantle of

righteousness. But all this cannot alter the fact that this exceptional

condition is as necessary for International law and international

intercourse as the very rule _pacta sunt servanda_. When, for example,

the existence or the necessary development of a State stands in

unavoidable conflict with such State's treaty obligations, the latter

must give way, for self-preservation and development in accordance with

the growth and the necessary requirements of the nation are the primary

duties of every State. No State would consent to any such treaty as

would hinder it in the fulfilment of these primary duties. The consent

of a State to a treaty presupposes a conviction that such treaty is not

fraught with danger to its existence and development, and implies a

condition that, if by an unforeseen change of circumstances the

obligations stipulated in the treaty should imperil the said State's

existence and necessary development, the treaty, although by its nature

unnotifiable, should nevertheless be notifiable.

[Footnote 902: See Bonucci in Z.V. IV. (1910), pp. 449-471. Many writers

agree to it with great reluctance only and in a very limited sense, as,

for instance, Grotius, II. c. 16, § 25, No. 2; Vattel, II. § 296;

Klüber, § 165. Some few writers, however, disagree altogether, as, for

instance, Bynkershoek, "Quest. jur. public.," II. c. 10, and Wildman,

"Institutes of International Law," I. (1849), p. 175. Schmidt, op. cit.

pp. 97-118, would seem to reject the _clausula_ altogether, but can

nevertheless not help recognising it in the end. A good survey of the

practice of the States in the matter during the nineteenth century is

given by Kaufmann, op. cit. pp. 12-37.]

The danger of the clause _rebus sic stantibus_ is to be found in the

elastic meaning of the term "vital changes of circumstances," as, after

all, a State must in every special case judge for itself whether or no

there is a vital change of circumstances justifying its withdrawal from

an unnotifiable treaty. On the other hand, the danger is counterbalanced

by the fact that the frequent and unjustifiable use of the clause _rebus

sic stantibus_ by a State would certainly destroy all its credit among

the nations.

Be that as it may, it is generally agreed that certainly not every

change of circumstances justifies a State in making use of the clause.

All agree that, although treaty obligations may through a change of

circumstances become disagreeable, burdensome, and onerous, they must

nevertheless be discharged. All agree, further, that a change of

government and even a change in the form of a State, such as the turning

of a monarchy into a republic and _vice versa_, does not alone and in

itself justify a State in notifying such a treaty as is by its nature

unnotifiable. On the other hand, all agree in regard to many cases in

which the clause _rebus sic stantibus_ could justly be made use of.

Thus, for example, if a State enters into a treaty of alliance for a

certain period of time, and if before the expiration of the alliance a

change of circumstances occurs, so that now the alliance endangers the

very existence of one of the contracting parties, all will agree that

the clause _rebus sic stantibus_ would justify such party in notifying

the treaty of alliance.

A certain amount of disagreement as to the cases in which the clause

might or might not be justly applied will of course always remain. But

the fact is remarkable that during the nineteenth century not many cases

of the application of the clause have occurred. And the States and

public opinion everywhere have come to the conviction that the clause

_rebus sic stantibus_ ought not to give the right to a State at once to

liberate itself from the obligations of a treaty, but only the claim to

be released from these obligations by the other parties to the treaty.

Accordingly, when a State is of the opinion that the obligations of a

treaty have through a vital change of circumstances become unbearable,

it should first approach the other party or parties and request them to

abrogate the treaty. And it is only when such abrogation is refused that

a State may perhaps be justified in declaring that it could no longer

consider itself bound by the obligations concerned. Thus, when, in 1870,

during the Franco-German War, Russia declared her withdrawal from such

stipulations of the Treaty of Paris of 1856 as concerned the

neutralisation of the Black Sea and the restriction imposed upon Russia

in regard to men-of-war in that sea, Great Britain protested, and a

conference was held in London in 1871. Although by a treaty signed on

March 13, 1871, this conference, consisting of the signatory Powers of

the Treaty of Paris--namely, Austria, England, France, Germany, Italy,

Russia, and Turkey--complied with the wishes of Russia and abolished the

neutralisation of the Black Sea, it adopted in a protocol[903] of

January 17, 1871, the following declaration:--"Que c'est un principe

essentiel du droit des gens qu'aucune Puissance ne peut se délier des

engagements d'un traité, ni en modifier les stipulations, qu'à la suite

de l'assentiment des parties contractantes, au moyen d'une entente

amicale."

[Footnote 903: See Martens, N.R.G. XVIII. p. 278.]

In spite of this declaration, signed also by herself, Russia in 1886

notified her withdrawal from article 59 of the Treaty of Berlin of 1878

stipulating the freedom of the port of Batoum.[904] The signatory Powers

of the Treaty of Berlin seem to have tacitly consented, with the

exception of Great Britain, which protested. Again, in October 1908,

Austria-Hungary, in defiance of article 25 of the Treaty of Berlin,

1878, proclaimed her sovereignty over Bosnia and Herzegovina, which

hitherto had been under her occupation and administration, and

simultaneously Bulgaria, in defiance of article 1 of the same treaty,

declared herself independent.[905] Thus the standard value of the

Declaration of the Conference of London of 1871 has become doubtful

again.

[Footnote 904: See Martens, N.R.G. 2nd Ser. XIV. p. 170, and

Rolin-Jaequemyns in R.I. XIX. (1887), pp. 37-49.]

[Footnote 905: See above, § 50, p. 76; Martens, N.R.G. 3rd Ser. II. p.

606; and Blociszewski in R.G. XVII. (1910), pp. 417-449. There is hardly

any doubt that, if Austria-Hungary had not ignored the above-mentioned

Declaration contained in the protocol of January 17, 1871, and had

approached the Powers in the matter, the abrogation of article 25 of the

Treaty of Berlin would have been granted and she would have been allowed

to annex Bosnia and Herzegovina after having indemnified Turkey. This is

to be inferred from the fact that, when Austria-Hungary proclaimed her

sovereignty over the provinces, Turkey accepted compensation, and the

Powers, which first had protested and demanded an international

conference, consented to the abrogation of the Treaty of Berlin.]

X

VOIDANCE OF TREATIES

See the literature quoted at the commencement of § 534.

[Sidenote: Grounds of Voidance.]

§ 540. A treaty, although it has neither expired nor been dissolved, may

nevertheless lose its binding force by becoming void.[906] And such

voidance may have different grounds--namely, extinction of one of the

two contracting parties, impossibility of execution, realisation of the

purpose of the treaty otherwise than by fulfilment, and, lastly,

extinction of such object as was concerned in a treaty.

[Footnote 906: But such voidance must not be confounded with the

voidance of a treaty from its very beginning; see above, § 501.]

[Sidenote: Extinction of one of the two Contracting Parties.]

§ 541. All treaties concluded between two States become void through the

extinction of one of the contracting parties, provided they do not

devolve upon such State as succeeds to the extinct State. That some

treaties devolve upon the successor has been shown above (§ 82), but

many treaties do not. On this ground all political treaties, such as

treaties of alliance, guarantee, neutrality, and the like, become void.

[Sidenote: Impossibility of Execution.]

§ 542. All treaties whose execution becomes impossible subsequent to

their conclusion are thus rendered void. A frequently quoted example is

that of three States concluding a treaty of alliance and subsequent war

breaking out between two of the contracting parties. In such case it is

impossible for the third party to execute the treaty, and it becomes

void.[907] It must, however, be added that the impossibility of

execution may be temporary only, and that then the treaty is not void

but merely suspended.

[Footnote 907: See also above, § 521, where the case is mentioned that a

treaty essentially presupposes a certain form of government, and for

this reason cannot be executed when this form of government undergoes a

change.]

[Sidenote: Realisation of Purpose of Treaty other than by Fulfilment.]

§ 543. All treaties whose purpose is realised otherwise than by

fulfilment become void. For example, a treaty concluded by two States

for the purpose of inducing a third State to undertake a certain

obligation becomes void if the third State voluntarily undertakes the

same obligation before the two contracting States have had an

opportunity of approaching the third State with regard to the matter.

[Sidenote: Extinction of such Object as was concerned in a Treaty.]

§ 544. All treaties whose obligations concern a certain object become

void through the extinction of such object. Treaties, for example,

concluded in regard to a certain island become void when such island

disappears through the operation of nature, as likewise do treaties

concerning a third State when such State merges in another.

XI

CANCELLATION OF TREATIES

See the literature quoted at the commencement of § 534.

[Sidenote: Grounds of Cancellation.]

§ 545. A treaty, although it has neither expired, nor been dissolved,

nor become void, may nevertheless lose its binding force by

cancellation. The causes of cancellation are four--namely, inconsistency

with International Law created subsequent to the conclusion of the

treaty, violation by one of the contracting parties, subsequent change

of status of one of them, and war.

[Sidenote: Inconsistency with subsequent International Law.]

§ 546. Just as treaties have no binding force when concluded with

reference to an illegal object, so they lose their binding force when

through a progressive development of International Law they become

inconsistent with the latter. Through the abolition of privateering

among the signatory Powers of the Declaration of Paris of 1856, for

example, all treaties between any of these Powers based on privateering

as a recognised institution of International Law were _ipso facto_

cancelled.[908] But it must be emphasised that subsequent Municipal Law

can certainly have no such influence upon existing treaties. On

occasions, indeed, subsequent Municipal Law creates for a State a

conflict between its treaty obligations and such law. In such case this

State must endeavour to obtain a release by the other contracting party

from these obligations.[909]

[Footnote 908: This must be maintained in spite of the fact that

Protocol No. 24--see Martens, N.R.G. XV. (1857), pp. 768-769--contains

the following: "Sur une observation faite par M.M. les Plénipotentiaires

de la Russie, le Congrès reconnaît que la présente résolution, ne

pouvant avoir d'effet retroactif, ne saurait invalider les Conventions

antérieures." This expression of opinion can only mean that previous

treaties with such States as were not and would not become parties to

the Declaration of Paris are not _ipso facto_ cancelled by the

Declaration.]

[Footnote 909: That Municipal Courts must apply the subsequent Municipal

Law although it conflicts with previous treaty obligations, there is no

doubt, as has been pointed out above, § 21. See The Cherokee Tobacco, 11

Wall 616; Whitney _v._ Robertson, 124 United States 190; Botiller _v._

Dominguez, 130 United States 238. See also Moore, V. § 774.]

[Sidenote: Violation by one of the Contracting Parties.]

§ 547. Violation of a treaty by one of the contracting States does not

_ipso facto_ cancel such treaty, but it is in the discretion of the

other party to cancel it on the ground of violation. There is no

unanimity among writers on International Law in regard to this point, in

so far as a minority makes a distinction between essential and

non-essential stipulations of the treaty, and maintains that violation

of essential stipulations only creates a right for the other party to

cancel the treaty. But the majority of writers rightly oppose this

distinction, maintaining that it is not always possible to distinguish

essential from non-essential stipulations, that the binding force of a

treaty protects non-essential stipulations as well as essential ones,

and that it is for the faithful party to consider for itself whether

violation of a treaty, even in its least essential parts, justifies the

cancelling of the treaty. The case, however, is different when a treaty

expressly stipulates that it should not be considered broken by

violation of merely one or another part of it. And it must be emphasised

that the right to cancel the treaty on the ground of its violation must

be exercised within a reasonable time after the violation has become

known. If the Power possessing such right does not exercise it in due

time, it must be taken for granted that such right has been waived. A

mere protest, such as the protest of England in 1886 when Russia

withdrew from article 59 of the Treaty of Berlin of 1878, which

stipulated the freedom of the port of Batoum, neither constitutes a

cancellation nor reserves the right of cancellation.

[Sidenote: Subsequent Change of Status of one of the Contracting

Parties.]

§ 548. A cause which _ipso facto_ cancels treaties is such subsequent

change of status of one of the contracting States as transforms it into

a dependency of another State. As everything depends upon the merits of

each case, no general rule can be laid down as regards the question when

such change of status must be considered to have taken place, or,

further, as regards the other question as to the kind of treaties

cancelled by such change.[910] Thus, for example, when a State becomes a

member of a Federal State, it is obvious that all its treaties of

alliance are _ipso facto_ cancelled, for in a Federal State the power of

making war rests with the Federal State, and not with the several

members. And the same is valid as regards a hitherto full-Sovereign

State which comes under the suzerainty of another State. On the other

hand, a good many treaties retain their binding force in spite of such a

change in the status of a State, all such treaties, namely, as concern

matters in regard to which the State has not lost its sovereignty

through the change. For instance, if the constitution of a Federal State

stipulates that the matter of extradition remains fully in the

competence of the member-States, all treaties of extradition of members

concluded with third States previous to their becoming members of the

Federal State retain their binding force.

[Footnote 910: See Moore, V. § 773, and above, § 82, p. 128, note 1, and

§ 521.]

[Sidenote: War.]

§ 549. How far war is a general ground of cancellation of treaties is

not quite settled. Details on this point will be given below, vol. II. §

99.

XII

RENEWAL, RECONFIRMATION, AND REDINTEGRATION OF TREATIES

Vattel, II. § 199--Hall, § 117--Taylor, § 400--Hartmann, §

51--Ullmann, § 85--Bonfils, Nos. 851-854--Despagnet, No.

456--Pradier-Fodéré, II. Nos. 1191-1199--Rivier, II. pp.

143-146--Calvo, III. §§ 1637, 1666, 1669--Fiore, II. Nos.

1048-1049, and Code, Nos. 835-838.

[Sidenote: Renewal of Treaties.]

§ 550. Renewal of treaties is the term for the prolongation of such

treaties before their expiration as were concluded for a definite period

of time only. Renewal can take place through a new treaty, and the old

treaty may then be renewed as a body or in parts only. But the renewal

can also take place automatically, many treaties concluded for a certain

period stipulating expressly that they are considered renewed for

another period in case neither of the contracting parties has given

notice.

[Sidenote: Reconfirmation.]

§ 551. Reconfirmation is the term for the express statement made in a

new treaty that a certain previous treaty, whose validity has or might

have become doubtful, is still, and remains, valid. Reconfirmation takes

place after such changes of circumstances as might be considered to

interfere with the validity of a treaty; for instance, after a war, as

regards such treaties as have not been cancelled by the outbreak of war.

Reconfirmation can be given to the whole of a previous treaty or to

parts of it only. Sometimes reconfirmation is given in this very precise

way, that a new treaty stipulates that a previous treaty shall be

incorporated in itself. It must be emphasised that in such a case those

parties to the new treaty which have not been parties to the previous

treaty do not now become so by its reconfirmation, the latter applying

to the previous contracting parties only.

[Sidenote: Redintegration.]

§ 552. Treaties which have lost their binding force through expiration

or cancellation may regain it through redintegration. A treaty becomes

redintegrated by the mutual consent of the contracting parties regularly

given in a new treaty. Thus it is usual for treaties of peace to

redintegrate all those treaties cancelled through the outbreak of war

whose stipulations the contracting parties do not want to alter.

Without doubt, redintegration does not necessarily take place

exclusively by a treaty, as theoretically it must be considered possible

for the contracting parties tacitly to redintegrate an expired or

cancelled treaty by a line of conduct which indicates apparently their

intention to redintegrate the treaty. However, I do not know of any

instance of such tacit redintegration.

XIII

INTERPRETATION OF TREATIES

Grotius, II. c. 16--Vattel, II. §§ 262-322--Hall, §§

111-112--Phillimore, II. §§ 64-95--Halleck, I. pp.

296-304--Taylor, §§ 373-393--Walker, § 31--Wheaton, § 287--Moore,

V. §§ 763-764--Heffter, § 95--Ullmann, § 84--Bonfils, Nos.

835-837--Despagnet, No. 450--Pradier-Fodéré, II. Nos.

1171-1189--Mérignhac, II. p. 678--Nys, III. pp. 41-43--Rivier, II.

pp. 122-125--Calvo, III. §§ 1649-1660--Fiore, II. Nos. 1032-1046,

and Code, Nos. 792-816--Martens, I. § 116--Westlake, I. pp.

282-283--Pick in R.G. XVII. (1907), pp. 5-35--Hyde in A.J. III.

(1909), pp. 46-61.

[Sidenote: Authentic Interpretation, and the Compromise Clause.]

§ 553. Neither customary nor conventional rules of International Law

exist concerning interpretation of treaties. Grotius and the later

authorities applied the rules of Roman Law respecting interpretation in

general to interpretation of treaties. On the whole, such application is

correct in so far as those rules of Roman Law are full of common sense.

But it must be emphasised that interpretation of treaties is in the

first instance a matter of consent between the contracting parties. If

they choose a certain interpretation, no other has any basis. It is only

when they disagree that an interpretation based on scientific grounds

can ask a hearing. And these scientific grounds can be no other than

those provided by jurisprudence. The best means of settling questions of

interpretation, provided the parties cannot come to terms, is

arbitration, as the appointed arbitrators will apply the general rules

of jurisprudence. Now in regard to interpretation given by the parties

themselves, there are two different ways open to them. They may either

agree informally upon the interpretation and execute the treaty

accordingly; or they may make an additional new treaty and stipulate

therein such interpretation of the previous treaty as they choose. In

the latter case one speaks of "authentic" interpretation in analogy with

the authentic interpretation of Municipal Law given expressly by a

statute. Nowadays treaties very often contain the so-called "compromise

clause" as regards interpretation--namely, the clause that, in case the

parties should not agree on questions of interpretation, these questions

shall be settled by arbitration. Italy and Switzerland regularly

endeavour to insert that clause in their treaties.

[Sidenote: Rules of Interpretation which recommend themselves.]

§ 554. It is of importance to enumerate some rules of

interpretation[911] which recommend themselves on account of their

suitability.

[Footnote 911: The whole matter of interpretation of treaties is dealt

with in an admirable way by Phillimore, II. §§ 64-95; see also Moore, V.

§ 763, and Wharton, II. § 133.]

(1) All treaties must be interpreted according to their reasonable in

contradistinction to their literal sense. An excellent example

illustrating this rule is the following, which is quoted by several

writers:--In the interest of Great Britain the Treaty of Peace of

Utrecht of 1713 stipulated in its article 9 that the port and the

fortifications of Dunkirk should be destroyed and never be rebuilt.

France complied with this stipulation, but at the same time began

building an even larger port at Mardyck, a league off Dunkirk. Great

Britain protested on the ground that France in so acting was violating

the reasonable, although not the literal, sense of the Peace of Utrecht,

and France in the end recognised this interpretation and discontinued

the building of the new port.

(2) The terms used in a treaty must be interpreted according to their

usual meaning in the language of every-day life, provided they are not

expressly used in a certain technical meaning or another meaning is not

apparent from the context.

(3) It is taken for granted that the contracting parties intend

something reasonable, something adequate to the purpose of the treaty,

and something not inconsistent with generally recognised principles of

International Law nor with previous treaty obligations towards third

States. If, therefore, the meaning of a stipulation is ambiguous, the

reasonable meaning is to be preferred to the unreasonable, the more

reasonable to the less reasonable, the adequate meaning to the meaning

not adequate for the purpose of the treaty, the consistent meaning to

the meaning inconsistent with generally recognised principles of

International Law and with previous treaty obligations towards third

States.

(4) The principle _in dubio mitius_ must be applied in interpreting

treaties. If, therefore, the meaning of a stipulation is ambiguous, such

meaning is to be preferred as is less onerous for the obliged party, or

as interferes less with the parties' territorial and personal supremacy,

or as contains less general restrictions upon the parties.

(5) Previous treaties between the same parties, and treaties between one

of the parties and third parties, may be alluded to for the purpose of

clearing up the meaning of a stipulation.

(6) If there is a discrepancy between the clear meaning of a

stipulation, on the one hand, and, on the other, the intentions of one

of the parties declared during the negotiations preceding the signing of

a treaty, the decision must depend on the merits of the special case.

If, for instance, the discrepancy was produced through a mere clerical

error or by some other kind of mistake, it is obvious that an

interpretation is necessary in accordance with the real intentions of

the contracting parties.

(7) In case of a discrepancy between the clear meaning of a

stipulation, on the one hand, and, on the other, the intentions of all

the parties unanimously declared during the negotiations preceding the

signing of the treaty, the meaning which corresponds to the real

intentions of the parties must prevail over the meaning of the text. If,

therefore--as in the case of the Declaration of London of 1909--the

Report of the Drafting Committee contains certain interpretations and is

unanimously accepted as authoritative by all the negotiators previous to

the signing of the treaty, their interpretations must prevail.

(8) If two meanings of a stipulation are admissible according to the

text of a treaty, such meaning is to prevail as the party proposing the

stipulation knew at the time to be the meaning preferred by the party

accepting it.

(9) If it is a matter of common knowledge that a State upholds a meaning

which is different from the generally prevailing meaning of a term, and

if nevertheless another State enters into a treaty with the former in

which such term is made use of, such meaning must prevail as is upheld

by the former. If, for instance, States conclude commercial treaties

with the United States of America in which the most-favoured-nation

clause[912] occurs, the particular meaning which the United States

attribute to this clause must prevail.

[Footnote 912: See below, § 580.]

(10) If the meaning of a stipulation is ambiguous and one of the

contracting parties, at a time before a case arises for the application

of the stipulation, makes known what meaning it attributes to the

stipulation, the other party or parties cannot, when a case for the

application of the stipulation occurs, insist upon a different meaning.

They ought to have previously protested and taken the necessary steps to

secure an authentic interpretation of the ambiguous stipulation. Thus,

when in 1911 it became obvious that Germany and other continental States

attributed to article 23(_h_) of the Hague Regulations respecting the

Laws and Usages of War on Land a meaning different from the one

preferred by Great Britain, the British Foreign Office made the British

interpretation of this article known.

(11) It is to be taken for granted that the parties intend the

stipulations of a treaty to have a certain effect and not to be

meaningless. Therefore, such interpretation is not admissible as would

make a stipulation meaningless or inefficient.

(12) All treaties must be interpreted so as to exclude fraud and so as

to make their operation consistent with good faith.

(13) The rules commonly applied by the Courts as regards the

interpretation and construction of Municipal Laws are in so far only

applicable to the interpretation and construction of treaties, and in

especial of law-making treaties, as they are general rules of

jurisprudence. If, however, they are particular rules, sanctioned only

by the Municipal Law or by the practice of the Courts of a particular

country, they may not be applied.

(14) If a treaty is concluded in two languages, for instance, a treaty

between Great Britain and France in English and French, and if there is

a discrepancy between the meaning of the two different texts, each party

is only bound by the text of its own language. But a party cannot claim

any advantage from the text of the language of the other party.

CHAPTER III

IMPORTANT GROUPS OF TREATIES

I

IMPORTANT LAW-MAKING TREATIES

[Sidenote: Important Law-making Treaties a product of the Nineteenth

Century.]

§ 555. Law-making treaties[913] have been concluded ever since

International Law came into existence. It was not until the nineteenth

century, however, that such law-making treaties existed as are of

world-wide importance. Although at the Congress at Münster and Osnabrück

all the then existing European Powers, with the exception of Great

Britain, Russia, and Poland, were represented, the Westphalian Peace of

1648, to which France, Sweden, and the States of the German Empire were

parties, and which recognised the independence of Switzerland and the

Netherlands, on the one hand, and, on the other, the practical

sovereignty of the then existing 355 States of the German Empire, was

not of world-wide importance, in spite of the fact that it contains

various law-making stipulations. And the same may be said with regard to

all other treaties of peace between 1648 and 1815. The first law-making

treaty of world-wide importance was the Final Act of the Vienna

Congress, 1815, and the last, as yet, is the Declaration of London of

1909. But it must be particularly noted that not all of these are _pure_

law-making treaties, since many contain other stipulations besides those

which are law-making.

[Footnote 913: Concerning the conception of law-making treaties, see

above, §§ 18 and 492.]

[Sidenote: Final Act of the Vienna Congress.]

§ 556. The Final Act of the Vienna Congress,[914] signed on June 9,

1815, by Great Britain, Austria, France, Portugal, Prussia, Russia,

Spain, and Sweden-Norway, comprises law-making stipulations of

world-wide importance concerning four points--namely, first, the

perpetual neutralisation of Switzerland (article 118, No. 11); secondly,

free navigation on so-called international rivers (articles 108-117);

thirdly, the abolition of the negro slave trade (article 118, No. 15);

fourthly, the different classes of diplomatic envoys (article 118, No.

16).

[Footnote 914: Martens, N.R. II. p. 379. See Angeberg, "Le congrès de

Vienne et les traités de 1815" (4 vols., 1863).]

[Sidenote: Protocol of the Congress of Aix-la-Chapelle.]

§ 557. The Protocol of November 21 of the Congress of

Aix-la-Chapelle,[915] 1818, signed by Great Britain, Austria, France,

Prussia, and Russia, contains the important law-making stipulation

concerning the establishment of a fourth class of diplomatic envoys, the

so-called "Ministers Resident," to rank before the Chargés d'Affaires.

[Footnote 915: Martens, N.R. IV. p. 648. See Angeberg, op. cit.]

[Sidenote: Treaty of London of 1831.]

§ 558. The Treaty of London[916] of November 15, 1831, signed by Great

Britain, Austria, France, Prussia, and Russia, comprises in its article

7 the important law-making stipulation concerning the perpetual

neutralisation of Belgium.

[Footnote 916: Martens, N.R. XI. p. 390. See Descamps, "La neutralité de

la Belgique" (1902).]

[Sidenote: Declaration of Paris.]

§ 559. The Declaration of Paris[917] of April 13, 1856, signed by Great

Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, is a

pure law-making treaty of the greatest importance, stipulating four

rules with regard to sea warfare--namely, that privateering is

abolished; that the neutral flag covers enemy goods with the exception

of contraband of war; that neutral goods, contraband excepted, cannot be

confiscated even when sailing under the enemy flag; that a blockade must

be effective to be binding.

[Footnote 917: Martens, N.R.G. XV. p. 767.]

Through accession during 1856, the following other States have become

parties to this treaty: Argentina, Belgium, Brazil, Chili, Denmark,

Ecuador, Greece, Guatemala, Hayti, Holland, Peru, Portugal,

Sweden-Norway, and Switzerland. Japan acceded in 1886, Spain and Mexico

in 1907.

[Sidenote: Geneva Convention.]

§ 560. The Geneva Convention[918] of August 22, 1864, and that of July

6, 1906, are pure law-making treaties for the amelioration of the

conditions of the wounded of armies in the field. The Geneva Convention

of 1864 was originally signed only by Switzerland, Baden, Belgium,

Denmark, France, Holland, Italy, Prussia, and Spain, but in time all

other civilised States have acceded except Costa Rica, Lichtenstein, and

Monaco. A treaty[919] containing articles additional to the Geneva

Convention of 1864 was signed at Geneva on October 20, 1868, but was not

ratified. A better fate was in store for the Geneva Convention[920] of

1906, which was signed by the delegates of thirty-five States, many of

which have already granted ratification. Colombia, Costa Rica, Cuba,

Nicaragua, Turkey, and Venezuela have already acceded. It is of

importance to emphasise that the Convention of 1864 is not entirely

replaced by the Convention of 1906, in so far as the former remains in

force between those Powers which are parties to it without being parties

to the latter. And it must be remembered that the Final Act of the First

as well as of the Second Peace Conference contains a convention for the

adaptation to sea warfare of the principles of the Geneva Convention.

[Footnote 918: Martens, N.R.G. XVIII. p. 607. See Lueder, "Die Genfer

Convention" (1876), and Münzel, "Untersuchungen über die Genfer

Convention" (1901).]

[Footnote 919: Martens, N.R.G. XVIII. p. 612.]

[Footnote 920: Martens, N.R.G. 3rd Ser. II. p. 323.]

[Sidenote: Treaty of London of 1867.]

§ 561. The Treaty of London[921] of May 11, 1867, signed by Great

Britain, Austria, Belgium, France, Holland, Italy, Prussia, and Russia,

comprises in its article 2 the important law-making stipulation

concerning the perpetual neutralisation of Luxemburg.

[Footnote 921: Martens, N.R.G. XVIII. p. 445. See Wampach, "Le

Luxembourg Neutre" (1900).]

[Sidenote: Declaration of St. Petersburg.]

§ 562. The Declaration of St. Petersburg[922] of November 29, 1868,

signed by Great Britain, Austria-Hungary, Belgium, Denmark, France,

Greece, Holland, Italy, Persia, Portugal, Prussia and other German

States, Russia, Sweden-Norway, Switzerland, and Turkey--Brazil acceded

later on--is a pure law-making treaty. It stipulates that projectiles of

a weight below 400 grammes (14 ounces) which are either explosive or

charged with inflammable substances shall not be made use of in war.

[Footnote 922: Martens, N.R.G. XVIII. p. 474.]

[Sidenote: Treaty of Berlin of 1878.]

§ 563. The Treaty of Berlin[923] of July 13, 1878, signed by Great

Britain, Austria-Hungary, France, Germany, Italy, Russia, and Turkey, is

law-making with regard to Bulgaria, Montenegro, Roumania, and Servia. It

is of great importance in so far as the present phase of the solution of

the Near Eastern Question arises therefrom, although Bulgaria became

full-sovereign in 1908.

[Footnote 923: Martens, N.R.G. 2nd Ser. III. p. 449. See Mulas, "Il

congresso di Berlino" (1878).]

[Sidenote: General Act of the Congo Conference.]

§ 564. The General Act of the Congo Conference[924] of Berlin of

February 26, 1885, signed by Great Britain, Austria-Hungary, Belgium,

Denmark, France, Germany, Holland, Italy, Portugal, Russia, Spain,

Sweden-Norway, Turkey, and the United States of America, is a law-making

treaty of great importance, stipulating: freedom of commerce for all

nations within the basin of the river Congo; prohibition of

slave-transport within that basin; neutralisation of Congo Territories;

freedom of navigation for merchantmen of all nations on the rivers Congo

and Niger; and, lastly, the obligation of the signatory Powers to notify

to one another all future occupations on the coast of the African

continent.

[Footnote 924: Martens, N.R.G. 2nd Ser. X. p. 414. See Patzig, "Die

afrikanische Conferenz und der Congostaat" (1885).]

[Sidenote: Treaty of Constantinople of 1888.]

§ 565. The Treaty of Constantinople[925] of October 29, 1888, signed by

Great Britain, Austria-Hungary, France, Germany, Holland, Italy, Russia,

Spain, and Turkey, is a pure law-making treaty stipulating the permanent

neutralisation of the Suez Canal and the freedom of navigation thereon

for vessels of all nations.

[Footnote 925: Martens, N.R.G. 2nd Ser. XV. p. 557. See above, § 183.]

[Sidenote: General Act of the Brussels Anti-Slavery Conference.]

§ 566. The General Act of the Brussels Anti-Slavery Conference,[926]

signed on July 2, 1890, by Great Britain, Austria-Hungary, Belgium, the

Congo Free State, Denmark, France,[927] Germany, Holland, Italy, Persia,

Portugal, Russia, Sweden-Norway, Spain, Turkey, the United States of

America, and Zanzibar, is a law-making treaty of great importance which

stipulates a system of measures for the suppression of the slave-trade

in Africa, and, incidentally, restrictive measures concerning the

spirit-trade in certain parts of Africa. To revise the stipulations

concerning this spirit-trade the Convention of Brussels[928] of November

3, 1906, was signed by Great Britain, Germany, Belgium, Spain, the Congo

Free State, France, Italy, Holland, Portugal, Russia, and Sweden.

[Footnote 926: Martens, N.R.G. 2nd Ser. XVI. p. 3, and XXV. p. 543. See

Lentner, "Der afrikanische Sklavenhandel und die Brüsseler Conferenzen"

(1891).]

[Footnote 927: But France only ratified this General Act with the

exclusion of certain articles.]

[Footnote 928: Martens, N.R.G. 3rd Ser. I. p. 722.]

[Sidenote: Two Declarations of the First Hague Peace Conference.]

§ 567. The Final Act of the Hague Peace Conference[929] of July 29,

1899, was a pure law-making treaty comprising three separate

conventions--namely, a convention for the peaceful adjustment of

international differences, a convention concerning the law of land

warfare, and a convention for the adaptation to maritime warfare of the

principles of the Geneva Convention of 1864,--and three

Declarations--namely, a Declaration prohibiting, for a term of five

years, the discharge of projectiles and explosives from balloons, a

Declaration concerning the prohibition of the use of projectiles the

only object of which is the diffusion of asphyxiating or deleterious

gases, and a Declaration concerning the prohibition of so-called dum-dum

bullets. All these conventions, however, and the first of these

declarations have been replaced by the General Act of the Second Hague

Peace Conference, and only the last two declarations are still in force.

All the States which were represented at the Conference are now parties

to these declarations except the United States of America.

[Footnote 929: Martens, N.R.G. 2nd Ser. XXVI. p. 920. See Holls, "The

Peace Conference at the Hague" (1900), and Mérignhac, "La Conférence

internationale de la Paix" (1900).]

[Sidenote: Treaty of Washington of 1901.]

§ 568. The so-called Hay-Pauncefote Treaty of Washington[930] between

Great Britain and the United States of America, signed November 18,

1901, although law-making between the parties only, is nevertheless of

world-wide importance, because it neutralises permanently the Panama

Canal, which is in course of construction, and stipulates free

navigation thereon for vessels of all nations.[931]

[Footnote 930: Martens, N.R.G. 2nd Ser. XXX. p. 631.]

[Footnote 931: It ought to be mentioned that article 5 of the Boundary

Treaty of Buenos Ayres, signed by Argentina and Chili on September 15,

1881--see Martens, N.R.G. 2nd Ser. XII. p. 491--contains a law-making

stipulation of world-wide importance, because it neutralises the Straits

of Magellan for ever and declares them open to vessels of all nations.

See above, p. 267, note 2, and below, vol. II. § 72.]

[Sidenote: Conventions and Declaration of Second Hague Peace

Conference.]

§ 568_a_. The Final Act of the Second Hague Peace Conference of October

18, 1907, is a pure law-making treaty of enormous importance comprising

the following thirteen conventions[932] and a declaration:--

[Footnote 932: Only a greater number of States have as yet ratified the

Conventions, but it is to be expected that many more will grant

ratification in the course of time.]

(1) Convention for the Pacific Settlement of International Disputes. All

States represented at the Conference signed except Nicaragua, but some

signed with reservations only. Nicaragua acceded later.

(2) Convention respecting the Limitation of the Employment of Force for

the Recovery of Contract Debts, signed by Great Britain, Germany, the

United States of America, Argentina, Austria-Hungary, Bolivia,

Bulgaria, Chili, Columbia, Cuba, Denmark, San Domingo, Ecuador, Spain,

France, Greece, Guatemala, Haiti, Italy, Japan, Mexico, Montenegro,

Norway, Panama, Paraguay, Holland, Peru, Persia, Portugal, Russia,

Salvador, Servia, Turkey, Uruguay; China and Nicaragua acceded later.

Some of the South American States signed with reservations.

(3) Convention relative to the Opening of Hostilities. All the States

represented at the Conference signed except China and Nicaragua; both,

however, acceded later.

(4) Convention concerning the Laws and Usages of War on Land. All the

States represented at the Conference signed except China, Spain, and

Nicaragua, but Nicaragua acceded later. Some States made reservations in

signing.

(5) Convention concerning the Rights and Duties of Neutral Powers and

Persons in Case of War on Land. All the States represented at the

Conference signed except China and Nicaragua, but some States made

reservations. Both China and Nicaragua acceded later.

(6) Convention relative to the Status of Enemy Merchantmen at the

Outbreak of Hostilities. All the Powers represented at the Conference

signed except the United States of America, China, and Nicaragua, but

the last named acceded later. Some States made reservations in signing.

(7) Convention relative to the Conversion of Merchant Ships into War

Ships. All the Powers represented at the Conference signed except the

United States of America, China, San Domingo, Nicaragua, and Uruguay,

but Nicaragua acceded later. Turkey made a reservation in signing.

(8) Convention relative to the Laying of Automatic Submarine Contact

Mines. The majority of the States represented at the Conference signed.

China, Spain, Montenegro, Nicaragua, Portugal, Russia, and Sweden have

not signed, but Nicaragua acceded later. Some States made reservations.

(9) Convention respecting Bombardments by Naval Forces in Time of War.

Except China, Spain, and Nicaragua all the States represented at the

Conference signed, but China and Nicaragua acceded later. Some States

made reservations.

(10) Convention for the Adaptation to Naval War of the Principles of the

Geneva Convention. All the Powers represented at the Conference signed

except Nicaragua, but some made reservations. Nicaragua acceded later.

(11) Convention relative to certain Restrictions on the Exercise of the

Right of Capture in Maritime War. All States represented at the

Conference signed except China, Montenegro, Nicaragua, and Russia, but

Nicaragua acceded later.

(12) Convention relative to the Creation of an International Prize

Court. The majority of the States represented at the Conference signed.

Brazil, China, San Domingo, Greece, Luxemburg, Montenegro, Nicaragua,

Roumania, Russia, Servia, and Venezuela have not signed, and some of the

smaller signatory Powers made a reservation with regard to the

composition of the Court according to article 15 of the Convention.

(13) Convention concerning the Rights and Duties of Neutral Powers in

Naval War. All the States represented at the Conference signed except

the United States of America, China, Cuba, Spain, and Nicaragua. Some

States made reservations. But the United States of America, China, and

Nicaragua acceded later.

(14) Declaration prohibiting the Discharge of Projectiles and Explosives

from Balloons. Only twenty-seven of the forty-four States represented at

the Conference signed. Germany, Chili, Denmark, Spain, France,

Guatemala, Italy, Japan, Mexico, Montenegro, Nicaragua, Paraguay,

Roumania, Russia, Servia, Sweden, and Venezuela refused to sign, but

Nicaragua acceded later.

[Sidenote: The Declaration of London.]

§ 568_b_. The Declaration of London[933] of February 26, 1909,

concerning the Laws of Naval War, is a pure law-making treaty of the

greatest importance. All the ten Powers represented at the Conference of

London which produced this Declaration signed[934] it--namely, Great

Britain, Germany, the United States of America, Austria-Hungary, Spain,

France, Italy, Japan, Holland, and Russia, but it is not yet ratified.

[Footnote 933: On account of the opposition to the Ratification of the

Declaration of London which arose in England, the English literature on

the Declaration is already very great. The more important books are the

following:--Bowles, "Sea Law and Sea Power" (1910); Baty, "Britain and

Sea Law" (1911); Bentwich, "The Declaration of London" (1911); Bray,

"British Rights at Sea" (1911); Bate, "An Elementary Account of the

Declaration of London" (1911); Civis, "Cargoes and Cruisers" (1911);

Holland, "Proposed Changes in Naval Prize Law" (1911); Cohen, "The

Declaration of London" (1911). See also Baty and Macdonell in the

Twenty-sixth Report (1911) of the International Law Association. There

are also innumerable articles in periodicals.]

[Footnote 934: There is no doubt that the majority, if not all, of the

States concerned will in time accede to the Declaration of London.]

II

ALLIANCES

Grotius, II. c. 15--Vattel, III. §§ 78-102--Twiss, I. §

246--Taylor, §§ 347-349--Wheaton, §§ 278-285--Bluntschli, §§

446-449--Heffter, § 92--Geffcken in Holtzendorff, III. pp.

115-139--Ullmann, § 82--Bonfils, Nos. 871-881--Despagnet, No.

459--Mérignhac, II. p. 683--Nys, III. pp. 554-557--Pradier-Fodéré,

II. Nos. 934-967--Rivier, II. pp. 111-116--Calvo, III. §§

1587-1588--Fiore, II. No. 1094, and Code, Nos. 893-899--Martens,

I. § 113--Rolin-Jaequemyns in R.I. XX. (1888), pp. 5-35--Erich,

"Ueber Allianzen und Allianzverhältnisse nach heutigem

Völkerrecht" (1907).

[Sidenote: Conception of Alliances.]

§ 569. Alliances in the strict sense of the term are treaties of union

between two or more States for the purpose of defending each other

against an attack in war, or of jointly attacking third States, or for

both purposes. The term "alliance" is, however, often made use of in a

wider sense, and it comprises in such cases treaties of union for

various purposes. Thus, the so-called "Holy Alliance," concluded in 1815

between the Emperors of Austria and Russia and the King of Prussia, and

afterwards joined by almost all of the Sovereigns of Europe, was a union

for such vague purposes that it cannot be called an alliance in the

strict sense of the term.

History relates innumerable alliances between the several States. They

have always played, and still play, an important part in politics. At

the present time the triple alliance between Germany, Austria, and Italy

since 1879 and 1882, the alliance between Russia and France since 1899,

and that between Great Britain and Japan since 1902, renewed in 1905 and

1911, are illustrative examples.[935]

[Footnote 935: The following is the text of the Anglo-Japanese treaty of

Alliance of 1911:--

The Government of Great Britain and the Government of Japan, having in

view the important changes which have taken place in the situation since

the conclusion of the Anglo-Japanese agreement of the 12th August 1905,

and believing that a revision of that Agreement responding to such

changes would contribute to general stability and repose, have agreed

upon the following stipulations to replace the Agreement above

mentioned, such stipulations having the same object as the said

Agreement, namely:--

(_a_) The consolidation and maintenance of the general peace in the

regions of Eastern Asia and of India;

(_b_) The preservation of the common interests of all Powers in China by

insuring the independence and integrity of the Chinese Empire and the

principle of equal opportunities for the commerce and industry of all

nations in China;

(_c_) The maintenance of the territorial rights of the High Contracting

Parties in the regions of Eastern Asia and of India, and the defence of

their special interests in the said regions:--

ARTICLE I.

It is agreed that whenever, in the opinion of either Great Britain or

Japan, any of the rights and interests referred to in the preamble of

this Agreement are in jeopardy, the two Governments will communicate

with one another fully and frankly, and will consider in common the

measures which should be taken to safeguard those menaced rights or

interests.

ARTICLE II.

If by reason of unprovoked attack or aggressive action, wherever

arising, on the part of any Power or Powers, either High Contracting

Party should be involved in war in defence of its territorial rights or

special interests mentioned in the preamble of this Agreement, the other

High Contracting Party will at once come to the assistance of its ally,

and will conduct the war in common, and make peace in mutual agreement

with it.

ARTICLE III.

The High Contracting Parties agree that neither of them will, without

consulting the other, enter into separate arrangements with another

Power to the prejudice of the objects described in the preamble of this

Agreement.

ARTICLE IV.

Should either High Contracting Party conclude a treaty of general

arbitration with a third Power, it is agreed that nothing in this

Agreement shall entail upon such Contracting Party an obligation to go

to war with the Power with whom such treaty of arbitration is in force.

ARTICLE V.

The conditions under which armed assistance shall be afforded by either

Power to the other in the circumstances mentioned in the present

Agreement, and the means by which such assistance is to be made

available, will be arranged by the Naval and Military authorities of the

High Contracting Parties, who will from time to time consult one another

fully and freely upon all questions of mutual interest.

ARTICLE VI.

The present Agreement shall come into effect immediately after the date

of its signature, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified

twelve months before the expiration of the said ten years the intention

of terminating it, it shall remain binding until the expiration of one

year from the day on which either of the High Contracting Parties shall

have denounced it. But if, when the date fixed for its expiration

arrives, either ally is actually engaged in war, the alliance shall,

_ipso facto_, continue until peace is concluded.

In faith whereof the undersigned, duly authorised by their respective

Governments, have signed this Agreement, and have affixed thereto their

Seals.

Done in duplicate at London, the 13th day of July 1911.]

[Sidenote: Parties to Alliance.]

§ 570. Subjects of alliances are said to be full-Sovereign States only.

But the fact cannot be denied that alliances have been concluded by

States under suzerainty. Thus, the convention of April 16, 1877, between

Roumania, which was then under Turkish suzerainty, and Russia,

concerning the passage of Russian troops through Roumanian territory in

case of war with Turkey, was practically a treaty of alliance.[936]

Thus, further, the former South African Republic, although, at any rate

according to the views of the British Government, a half-Sovereign State

under British suzerainty, concluded an alliance with the former Orange

Free State by treaty of March 17, 1897.[937]

[Footnote 936: See Martens, N.R.G. 2nd Ser. III. p. 182.]

[Footnote 937: See Martens, N.R.G. 2nd Ser. XXV. p. 327.]

A neutralised State can be the subject of an alliance for the purpose of

defence, whereas the entrance into an offensive alliance on the part of

such State would involve a breach of its neutrality.

[Sidenote: Different kinds of Alliances.]

§ 571. As already mentioned, an alliance may be offensive or defensive,

or both. All three kinds may be either general alliances, in which case

the allies are united against any possible enemy whatever, or particular

alliances against one or more individual enemies. Alliances, further,

may be either permanent or temporary, and in the latter case they expire

with the period of time for which they were concluded. As regards

offensive alliances, it must be emphasised that they are valid only when

their object is not immoral.[938]

[Footnote 938: See above, § 505.]

[Sidenote: Conditions of Alliances.]

§ 572. Alliances may contain all sorts of conditions. The most important

are the conditions regarding the assistance to be rendered. It may be

that assistance is to be rendered with the whole or a limited part of

the military and naval forces of the allies, or with the whole or a

limited part of their military or with the whole or a limited part of

their naval forces only. Assistance may, further, be rendered in money

only, so that one of the allies is fighting with his forces while the

other supplies a certain sum of money for their maintenance. A treaty of

alliance of such a kind must not be confounded with a simple treaty of

subsidy. If two States enter into a convention that one of the parties

shall furnish the other permanently in time of peace and war with a

limited number of troops in return for a certain annual payment, such

convention is not an alliance, but a treaty of subsidy only. But if two

States enter into a convention that in case of war one of the parties

shall furnish the other with a limited number of troops, be it in return

for payment or not, such convention really constitutes an alliance. For

every convention concluded for the purpose of lending succour in time of

war implies an alliance. It is for this reason that the

above-mentioned[939] treaty of 1877 between Russia and Roumania

concerning the passage of Russian troops through Roumanian territory in

case of war against Turkey was really a treaty of alliance.

[Footnote 939: See above, § 570.]

[Sidenote: _Casus Foederis._]

§ 573. _Casus foederis_ is the event upon the occurrence of which

it becomes the duty of one of the allies to render the promised

assistance to the other. Thus in case of a defensive alliance the _casus

foederis_ occurs when war is declared or commenced against one of

the allies. Treaties of alliance very often define precisely the event

which shall be the _casus foederis_, and then the latter is less

exposed to controversy. But, on the other hand, there have been many

alliances concluded without such specialisation, and, consequently,

disputes have arisen later between the parties as to the _casus

foederis_.

That the _casus foederis_ is not influenced by the fact that a

State, subsequent to entering into an alliance, concludes a treaty of

general arbitration with a third State, has been pointed out above, §

522.

III

TREATIES OF GUARANTEE AND OF PROTECTION

Vattel, II. §§ 235-239--Hall, § 113--Phillimore, II. §§

56-63--Twiss, I. § 249--Halleck, I. p. 285--Taylor, §§

350-353--Wheaton, § 278--Bluntschli, §§ 430-439--Heffter, §

97--Geffcken in Holtzendorff, III. pp. 85-112--Liszt, §

22--Ullmann, § 83--Fiore, Code, Nos. 787-791--Bonfils, Nos.

882-893--Despagnet, No. 461--Mérignhac, II. p. 681--Nys, III. pp.

36-41--Pradier-Fodéré, II. Nos. 969-1020--Rivier, II. pp.

97-105--Calvo, III. §§ 1584-1585--Martens, I. § 115--Neyron,

"Essai historique et politique sur les garanties"

(1779)--Milovanovitch, "Des traités de garantie en droit

international" (1888)--Erich, "Ueber Allianzen und

Allianzverhältnisse nach heutigem Völkerrecht" (1907)--Quabbe,

"Die völkerrechtliche Garantie" (1911).

[Sidenote: Conception and Object of Guarantee Treaties.]

§ 574. Treaties of guarantee are conventions by which one of the parties

engages to do what is in its power to secure a certain object to the

other party. Guarantee treaties may be mutual or unilateral. They may be

concluded by two States only, or by a number of States jointly, and in

the latter case the single guarantors may give their guarantee severally

or collectively or both. And the guarantee may be for a certain period

of time only or permanent.

The possible objects of guarantee treaties are numerous.[940] It

suffices to give the following chief examples: the performance of a

particular act on the part of a certain State, as the discharge of a

debt or the cession of a territory; certain rights of a State; the

undisturbed possession of the whole or a particular part of the

territory; a particular form of Constitution; a certain status, as

permanent neutrality[941] or independence[942] or integrity[943]; a

particular dynastic succession; the fulfilment of a treaty concluded by

a third State.

[Footnote 940: The important part that treaties of guarantee play in

politics may be seen from a glance at Great Britain's guarantee

treaties. See Munro, "England's Treaties of Guarantee," in _The Law

Magazine and Review_, VI. (1881), pp. 215-238.]

[Footnote 941: See above, § 95.]

[Footnote 942: Thus Great Britain, France, and Russia have guaranteed,

by the Treaty with Denmark of July 13, 1863, the independence (but also

the monarchy) of Greece (Martens, N.R.G. XVII. Part. II. p. 79). The

United States of America has guaranteed the independence of Cuba by the

Treaty of Havana of May 22, 1903 (Martens, N.R.G. 2nd Ser. XXXII. p.

79), and of Panama by the Treaty of Washington of November 18, 1903

(Martens, N.R.G. 2nd Ser. XXXI. p. 599).]

[Footnote 943: Thus the integrity of Norway is guaranteed by Great

Britain, Germany, France, and Russia by the Treaty of Christiania of

November 2, 1907; see Martens, N.R.G. 3rd Ser. II. p. 9. A condition of

this integrity is that Norway does not cede any part of her territory to

any foreign Power.]

[Sidenote: Effect of Treaties of Guarantee.]

§ 575. The effect of guarantee treaties is the creation of the duty of

the guarantors to do what is in their power in order to secure the

guaranteed objects. The compulsion to be applied by a guarantor for that

purpose depends upon the circumstances; it may eventually be war. But

the duty of the guarantor to render, even by compulsion, the promised

assistance to the guaranteed depends upon many conditions and

circumstances. Thus, first, the guaranteed must request the guarantor to

render assistance. When, for instance, the possession of a certain part

of its territory is guaranteed to a State which after its defeat in a

war with a third State agrees as a condition of peace to cede such

piece of territory to the victor without having requested the

intervention of the guarantor, the latter has neither a right nor a duty

to interfere. Thus, secondly, the guarantor must at the critical time be

able to render the required assistance. When, for instance, its hands

are tied through waging war against a third State, or when it is so weak

through internal troubles or other factors that its interference would

expose it to a serious danger, it is not bound to fulfil the request for

assistance. So too, when the guaranteed has not complied with previous

advice given by the guarantor as to the line of its behaviour, it is not

the guarantor's duty to render assistance afterwards.

It is impossible to state all the circumstances and conditions upon

which the fulfilment of the duty of the guarantor depends, as every case

must be judged upon its own merits. And it is certain that, more

frequently than in other cases, changes in political constellations and

the general developments of events may involve such vital change of

circumstances as to justify[944] a State in refusing to interfere in

spite of a treaty of guarantee. It is for this reason that treaties of

guarantee to secure permanently a certain object to a State are

naturally of a more or less precarious value to the latter. The

practical value, therefore, of a guarantee treaty, whatever may be its

formal character, would as a rule seem to extend to the early years only

of its existence while the original conditions still obtain.

[Footnote 944: See above, § 539.]

[Sidenote: Effect of Collective Guarantee.]

§ 576. In contradistinction to treaties constituting a guarantee on the

part of one or more States severally, the effect of treaties

constituting a _collective_ guarantee on the part of several States

requires special consideration. On June 20, 1867, Lord Derby

maintained[945] in the House of Lords concerning the collective

guarantee by the Powers of the neutralisation of Luxemburg that in case

of a collective guarantee each guarantor had only the duty to act

according to the treaty when all the other guarantors were ready to act

likewise; that, consequently, if one of the guarantors themselves should

violate the neutrality of Luxemburg, the duty to act according to the

treaty of collective guarantee would not accrue to the other guarantors.

This opinion is certainly not correct,[946] and I do not know of any

publicist who would or could approve of it. There ought to be no doubt

that in a case of collective guarantee one of the guarantors alone

cannot be considered bound to act according to the treaty of guarantee.

For a collective guarantee can have the meaning only that the guarantors

should act in a body. But if one of the guarantors themselves violates

the object of his own guarantee, the body of the guarantors remains, and

it is certainly their duty to act against such faithless co-guarantor.

If, however, the majority,[947] and therefore the body of the

guarantors, were to violate the very object of their guarantee, the duty

to act against them would not accrue to the minority.

[Footnote 945: Hansard, vol. 183, p. 150.]

[Footnote 946: See Hall, § 113; Bluntschli, § 440; and Quabbe, op. cit.

pp. 149-159.]

[Footnote 947: See against this statement Quabbe, op. cit. p. 158.]

Different, however, is the case in which a number of Powers have

_collectively and severally_ guaranteed a certain object. Then, not only

as a body but also individually, it is their duty to interfere in any

case of violation of the object of guarantee.

[Sidenote: Pseudo-Guarantees.]

§ 576_a_. Different from real Guarantee Treaties are such treaties as

declare the policy of the parties with regard to the maintenance of

their territorial _status quo_. Whereas treaties guaranteeing the

maintenance of the territorial _status quo_ engage the guarantors to do

what they can to maintain such _status quo_, treaties declaring the

policy of the parties with regard to the maintenance of their

territorial _status quo_ do not contain any legal engagements, but

simply state the firm resolution of the parties to uphold the _status

quo_. In contradistinction to real guarantee treaties, such treaties

declaring the policy of the parties may fitly be called Pseudo-Guarantee

Treaties, and although their political value is very great, they have

scarcely any legal importance. For the parties do not bind themselves to

pursue a policy for maintaining the _status quo_, they only declare

their firm resolution to that end. Further, the parties do not engage

themselves to uphold the _status quo_, but only to communicate with one

another, in case the _status quo_ is threatened, with a view to agreeing

upon such measures as they may consider advisable for the maintenance of

the _status quo_. To this class of pseudo-guarantee treaties belong:--

(1) The Declarations[948] exchanged on May 16, 1907, between France and

Spain on the one hand, and, on the other hand, between Great Britain and

Spain, concerning the territorial _status quo_ in the Mediterranean.

Each party declares that its general policy with regard to the

Mediterranean is directed to the maintenance of the territorial _status

quo_, and that it is therefore resolved to preserve intact its rights

over its insular and maritime possessions within the Mediterranean. Each

party declares, further, that, should circumstances arise which would

tend to alter the existing territorial _status quo_, it will communicate

with the other party in order to afford it the opportunity to concert,

if desired, by mutual agreement the course of action which the two

parties shall adopt in common.

[Footnote 948: See Martens, N.R.G. 2nd Ser. XXXV. p. 692, and 3rd Ser.

I. p. 3.]

(2) The Declarations[949] concerning the maintenance of the territorial

_status quo_ in the North Sea, signed at Berlin on April 23, 1908, by

Great Britain, Germany, Denmark, France, Holland, and Sweden, and

concerning the maintenance of the territorial _status quo_ in the

Baltic, signed at St. Petersburg, likewise on April 23, 1908, by

Germany, Denmark, Russia, and Sweden. The parties declare their firm

resolution to preserve intact the rights of all the parties over their

continental and insular possessions within the region of the North Sea,

and of the Baltic respectively. And the parties concerned further

declare that, should the present territorial _status quo_ be threatened

by any events whatever, they will enter into communication with one

another with a view to agreeing upon such measures as they may consider

advisable in the interest of the maintenance of the _status quo_.

[Footnote 949: See Martens, N.R.G. 3rd Ser. I. pp. 17 and 18.]

There is no doubt that the texts of the Declarations concerning the

_status quo_ in the North Sea and the Baltic stipulate a stricter

engagement of the respective parties than the texts of the Declarations

concerning the _status quo_ in the Mediterranean, but neither[950] of

them comprises a real legal guarantee.

[Footnote 950: Whereas Quabbe (p. 97, note 1), correctly denies the

character of a real guarantee to the Declarations concerning the

Mediterranean, he (p. 105) considers the Declarations concerning the

North Sea and the Baltic real Guarantee Treaties.]

[Sidenote: Treaties of Protection.]

§ 577. Different from guarantee treaties are treaties of protection.

Whereas the former constitute the guarantee of a certain object to the

guaranteed, treaties of protection are treaties by which strong States

simply engage to protect weaker States without any guarantee whatever. A

treaty of protection must, however, not be confounded with a treaty of

protectorate.[951]

[Footnote 951: See above, § 92.]

IV

COMMERCIAL TREATIES

Taylor, 354--Moore, V. §§ 765-769--Melle in Holtzendorff, III. pp.

143-256--Liszt, § 28--Ullmann, § 145--Bonfils, No. 918--Despagnet,

No. 462--Pradier-Fodéré, IV. Nos. 2005-2033--Mérignhac, II. pp.

688-693--Rivier, I. pp. 370-374--Fiore, II. Nos. 1065-1077, and

Code, Nos. 848-854--Martens, II. §§ 52-55--Steck, "Versuch über

Handels- und Schiffahrtsverträge" (1782)--Schraut, "System der

Handelsverträge und der Meistbegünstigung" (1884)--Veillcovitch,

"Les traités de commerce" (1892)--Nys, "Les origines du droit

international" (1894), pp. 278-294--Herod, "Favoured Nation

Treatment" (1901)--Calwer, "Die Meistbegünstigung in den

Vereinigten Staaten von Nord-America" (1902)--Glier, "Die

Meistbegünstigungs-Klausel" (1906)--Cavaretta, "La clausola della

natiozione più favorita" (1906)--Barclay, "Problems of

International Law and Diplomacy" (1907), pp. 137-142--Hornbeck,

"The Most-Favoured Nation Clause" (1910), and in A.J. III. (1909),

pp. 394-422, 619-647, and 798-827--Lehr in R.I. XXV. (1893), pp.

313-316--Visser in R.I. 2nd Ser. IV. (1902), pp. 66-87, 159-177,

and 270-280--Lehr in R.I. 2nd Ser. XII. (1910), pp.

657-668--Shepheard in _The Journal of the Society of Comparative

Legislation_, New Series, III. (1901), pp. 231-237, and V. (1903),

pp. 132-136--Oppenheim in _The Law Quarterly Review_, XXIV.

(1908), pp. 328-334.

[Sidenote: Commercial Treaties in General.]

§ 578. Commercial treaties are treaties concerning the commerce and

navigation of the contracting States and concerning the subjects of

these States who are engaged in commerce and navigation. Incidentally,

however, they also contain clauses concerning consuls and various other

matters. They are concluded either for a limited or an unlimited number

of years, and either for the whole territory of one or either party or

only for a part of such territory--_e.g._, by Great Britain for the

United Kingdom alone, or for Canada alone, and the like. All

full-Sovereign States are competent to enter into commercial treaties,

but it depends upon the special case whether half- and part-Sovereign

States are likewise competent. Although competent to enter upon

commercial treaties, a State may, by an international compact, be

restricted in its freedom with regard to its commercial policy. Thus,

according to articles 1 to 5 of the General Act of the Berlin Congo

Conference of February 26, 1885, all the Powers which have possessions

in the Congo district must grant complete freedom of commerce to all

nations. Again, to give another example, France and Germany are by

article 11 of the Peace of Frankfort of May 10, 1871, compelled to grant

one another most-favoured-nation treatment in their commercial

relations, in so far as favours which they grant to Great Britain,

Belgium, Holland, Switzerland, Austria, and Russia are concerned.

The details of commercial treaties are for the most part purely

technical and are, therefore, outside the scope of a general treatise on

International Law. There are, however, two points of great importance

which require discussion--namely, the meaning of coasting trade and of

the most-favoured-nation clause.

[Sidenote: Meaning of Coasting Trade in Commercial Treaties.]

§ 579. The meaning of the term coasting-trade[952] in commercial

treaties must not be confounded with its meaning in International Law

generally. The meaning of the term in International Law becomes apparent

through its synonym _cabotage_--that is, navigation from cape to cape

along the coast combined with trading between the ports of the coast

concerned without going out into the Open Sea. Therefore, trade between

Marseilles and Nice, between Calais and Havre, between London and

Liverpool, and between Dublin and Belfast is coasting-trade, but trade

between Marseilles and Havre, and between London and Dublin is not. It

is a universally recognised rule[953] of International Law that every

littoral State can exclude foreign merchantmen from the _cabotage_

within its maritime belt. Cabotage is the contrast to the over-sea[954]

carrying trade, and has nothing to do with the question of free trade

from or to a port on the coast to or from a port abroad. This question

is one of commercial policy, and International Law does not prevent a

State from restricting to vessels of its subjects the export from or the

import to its ports, or from allowing such export or import under

certain conditions only.

[Footnote 952: See Oppenheim in _The Law Quarterly Review_, XXIV.

(1908), pp. 328-334.]

[Footnote 953: See above, § 187.]

[Footnote 954: It must be emphasised that navigation and trade from

abroad to several ports of the same coast successively--for instance,

from Dover to Calais and then to Havre--is not coasting-trade but

over-sea trade, provided that all the passengers and cargo are shipped

from abroad.]

There is no doubt that originally the meaning of coasting-trade in

commercial treaties was identical with its meaning in International Law

generally, but there is likewise no doubt that the practice of the

States gives now a much more extended meaning to the term coasting-trade

as used in commercial treaties. Thus France distinguishes between

cabotage _petit_ and _grand_; whereas _petit_ cabotage is coasting-trade

between ports in the same sea, _grand_ cabotage is coasting-trade

between a French port situated in the Atlantic Ocean and a French port

situated in the Mediterranean, and--according to a statute of September

21, 1793--both _grand_ and _petit_ cabotage are exclusively reserved for

French vessels. Thus, further, the United States of America has always

considered trade between one of her ports in the Atlantic Ocean and one

in the Pacific to be coasting-trade, and has exclusively reserved it for

vessels of her own subjects; she considers such trade coasting-trade

even when the carriage takes place not exclusively by sea around Cape

Horn, but partly by sea and partly by land through the Isthmus of

Panama. Great Britain has taken up a similar attitude. Section 2 of the

Navigation Act of 1849 (12 & 13 Vict. c. 29) enacted "that no goods or

passengers shall be carried _coastwise_ from one part of the United

Kingdom to another, or from the Isle of Man to the United Kingdom,

except in British ships," and thereby declared trade between a port of

England or Scotland to a port of Ireland or the Isle of Man to be

coasting-trade exclusively reserved for British ships in spite of the

fact that the Open Sea flows between these ports. And although the

Navigation Act of 1849 is no longer in force, and this country now does

admit foreign ships to its coasting-trade, it nevertheless still

considers all trade between one port of the United Kingdom and another

to be coasting-trade, as becomes apparent from Section 140 of the

Customs Laws Consolidation Act of July 24, 1876 (39 & 40 Vict. c. 36).

Again, Germany declared by a statute of May 22, 1881, coasting-trade to

be trade between any two German ports, and reserved it for German

vessels, although vessels of such States can be admitted as on their

part admit German vessels to their own coasting-trade. Thus trade

between Koenigsberg in the Baltic and Hamburg in the North Sea is

coasting-trade.

These instances are sufficient to demonstrate that an extension of the

original meaning of coasting-trade has really taken place and has found

general recognition. A great many commercial treaties have been

concluded between such countries as established that extension of

meaning and others, and these commercial treaties no doubt make use of

the term coasting-trade in this its extended meaning. It must,

therefore, be maintained that the term coasting-trade or cabotage as

used in commercial treaties has acquired the following meaning:

_Sea-trade between any two ports of the same country whether on the same

coast or different coasts, provided always that the different coasts are

all of them the coasts of one and the same country as a political and

geographical unit in contradistinction to the coasts of Colonial

dependencies of such country_.

In spite of this established extension of the term coasting-trade, it

did not include colonial trade until nearly the end of the nineteenth

century.[955] Indeed, when Russia, by _ukase_ of 1897, enacted that

trade between any of her ports should be considered coasting trade and

be reserved for Russian vessels, this did not comprise a further

extension of the conception of coasting-trade. The reason is that

Russia, although her territory extends over different parts of the

globe, is a political and geographical unit, and there is one stretch of

territory only between St. Petersburg and Vladivostock. But when, in

1898 and 1899, the United States of America declared trade between any

of her ports and those of Porto Rico, the Philippines, and the Hawaiian

Islands to be coasting-trade, and consequently reserved it exclusively

for American vessels, the distinction between coasting-trade and

over-sea or colonial trade fell to the ground. It is submitted that this

American extension of the conception of coasting-trade as used in her

commercial treaties before 1898 is inadmissible[956] and contains a

violation of the treaty rights of the other contracting parties. Should

these parties consent to the American extension of the meaning of

coasting-trade, and should other countries follow the American lead and

apply the term coasting-trade indiscriminately to trade along their

coasts _and_ to their colonial trade, the meaning of the term would

then become _trade between any two ports which are under the sovereignty

of the same State_. The distinction between coasting-trade and colonial

trade would then become void, and the last trace of the synonymity

between coasting-trade and cabotage would have disappeared.

[Footnote 955: See details in Oppenheim, loc. cit. pp. 331-332, but it

is of value to draw attention here to a French statute of April 2, 1889.

Whereas a statute of April 9, 1866, had thrown open the trade between

France and Algeria to vessels of all nations, article 1 of the statute

of April 2, 1889, enacts: _La navigation entre la France et l'Algérie ne

pourra s'effectuer que sous pavillon français_. This French statute does

not, as is frequently maintained, declare the trade between France and

Algeria to be coasting-trade, but it nevertheless reserves such trade

exclusively for French vessels. The French Government, in bringing the

bill before the French Parliament, explained that the statute could not

come into force before February 1, 1892, because art. 2 of the treaty

with Belgium of May 14, 1882, and art. 21 of the treaty with Spain of

February 6, 1882--both treaties to expire on February 1,

1892--stipulated the same treatment for Belgian and Spanish as for

French vessels, _cabotage excepted_. It is quite apparent that, if

France had declared trade between French and Algerian ports to be

coasting-trade in the meaning of her commercial treaties, the expiration

of the treaties with Belgium and Spain need not have been awaited for

putting the law of April 2, 1889, into force.]

[Footnote 956: In the case of Huus _v._ New York and Porto Rico

Steamship Co. (1901), 182 United States 392, the Court was compelled to

confirm the extension of the term coasting-trade to trade between any

American port and Porto Rico, because this extension was recognised by

section 9 of the Porto Rican Act, and because in case of a conflict

between Municipal and International Law--see above, § 21--the Courts are

bound to apply their Municipal Law.]

[Sidenote: Meaning of most-favoured-nation Clause.]

§ 580. Most of the commercial treaties of the nineteenth century contain

a stipulation which is characterised as the most-favoured-nation clause.

The wording of this clause is by no means the same in all treaties, and

its general form has therefore to be distinguished from several others

which are more specialised in their wording. According to the

most-favoured-nation clause in its general form, all favours which

either contracting party has granted in the past or will grant in the

future to any third State must be granted to the other party. But the

real meaning of this clause in its general form has ever been

controverted since the United States of America entered into the Family

of Nations and began to conclude commercial treaties embodying the

clause. Whereas in former times the clause was considered obviously to

have the effect of causing all favours granted to any one State _at once

and unconditionally_ to accrue to all other States having

most-favoured-nation treaties with the grantor, the United States

contended that these favours could accrue to such of the other States

only as _fulfilled the same conditions under which these favours had

been allowed to the grantee_. The majority of the commercial treaties of

the United States, therefore, do not contain the most-favoured-nation

clause in its general form, but in what is called its conditional,

qualified, or reciprocal, form. In this form it stipulates that all

favours granted to third States shall accrue to the other party

unconditionally, in case the favours have been allowed unconditionally

to the grantee, but only under the same compensation, in case they have

been granted conditionally. The United States, however, has always

upheld the opinion, and the supreme Court of the United States has

confirmed[957] this interpretation, that, even if a commercial treaty

contains the clause in its general, and not in its qualified, form, it

must always be interpreted as though it were worded in its qualified

form.

[Footnote 957: See Bartram _v._ Robertson, 122 United States 116, and

Whitney _v._ Robertson, 124 United States 190.]

Now nobody doubts that according to the qualified form of the clause a

favour granted to any State can only accrue to other States having

most-favoured-nation treaties with the grantor, provided they fulfil the

same conditions and offer the same compensations as the grantee. Again,

nobody doubts that, if the clause is worded in its so-called

unconditional form stipulating the accrument of a favour to other States

whether it was allowed to the grantee gratuitously or conditionally

against compensation, all favours granted to any State accrue

immediately and without condition to all the other States. However, as

regards the clause in its general form, what might, broadly speaking, be

called the European is confronted by the American interpretation. This

American interpretation is, I believe, unjustifiable, although it is of

importance to mention that two European writers of such authority as

Martens (II. p. 225) and Westlake (I. p. 283) approve of it.

It has been suggested[958] that the controversy should be brought before

the Hague Court of Arbitration, yet the United States will never consent

to this. Those States which complain of the American interpretation had

therefore better notify their commercial treaties with the United States

and insert in new treaties the most-favoured-nation clause in such a

form as puts matters beyond all doubt. So much is certain, a State that

at present enters upon a commercial treaty with the United States

comprising the clause in its general form cannot complain[959] of the

American interpretation, which, whatever may be its merits, is now a

matter of common knowledge.[960]

[Footnote 958: See Barclay, op. cit. pp. 142 and 159.]

[Footnote 959: See above, § 554, No. 9.]

[Footnote 960: It is not possible in a general treatise on International

Law to enter into the details of the history, the different forms, the

application, and the interpretation of the most-favoured-nation clause.

Readers must be referred for further information to the works and

articles of Calwer, Herod, Glier, Cavaretta, Visser, Melle, and others

quoted above before § 578. See also Moore, V. §§ 765-769.]

V

UNIONS CONCERNING COMMON NON-POLITICAL INTERESTS

Nys, II. pp. 264-270--Mérignhac, II. pp. 694-731--Descamps, "Les

offices internationaux et leur avenir" (1894)--Moynier, "Les

Bureaux internationaux des unions universelles" (1892)--Poinsard,

"Les Unions et ententes internationales" (2nd ed. 1901)--Renault

in R.G. III. (1896), pp. 14-26--Reinsch, "Public International

Unions" (1911), and in A.J. I. pp. 579-623, and III. pp. 1-45.

[Sidenote: Object of the Unions.]

§ 581. The development of international intercourse has called into

existence innumerable treaties for the purpose of satisfying economic

and other non-political interests of the several States. Each nation

concludes treaties of commerce, of navigation, of extradition, and of

many other kinds with most of the other nations, and tries in this way,

more or less successfully, to foster its own interests. Many of these

interests are of such a particular character and depend upon such

individual circumstances and conditions that they can only be satisfied

and fostered by special treaties from time to time concluded by each

State with other States. Yet experience has shown that the several

States have also many non-political interests in common which can better

be satisfied and fostered by a general treaty between a great number of

States than by special treaties singly concluded between the several

parties. Therefore, since the second half of the nineteenth century,

such general treaties have more and more come into being, and it is

certain that their number will in time increase. Each of these treaties

creates what is called a Union among the contracting parties, since

these parties have united for the purpose of settling certain subjects

in common. The number of States which are members of these Unions

varies, of course, and whereas some of them will certainly become in

time universal in the same way as the Universal Postal Union, others

will never reach that stage. But all the treaties which have created

these Unions are general treaties because a lesser or greater number of

States are parties, and these treaties have created so-called Unions,

although the term "Union" is not always made use of.[961]

[Footnote 961: A general treatise on Public International Law cannot

attempt to go into the details of these Unions; it is really a matter

for monographs or for a treatise on International Administrative Law,

such as Neumayer's "Internationales Verwaltungsrecht," which is to

comprise three volumes, and of which the first volume appeared in 1910.

See also Reinsch, "Public International Unions" (1911).]

[Sidenote: Post and Telegraphs.]

§ 582. Whereas previously the States severally concluded treaties

concerning postal and telegraphic arrangements, they entered into Unions

for this purpose during the second part of the nineteenth century:--

(1) Twenty-one States entered on October 9, 1874, at Berne, into a

general postal convention[962] for the purpose of creating a General

Postal Union. This General turned into the Universal Postal Union

through the Convention of Paris[963] of June 1, 1878, to which thirty

States were parties. This convention has several times been revised by

the congresses of the Union, which have to meet every five years. The

last revision took place at the Congress of Rome, 1906, where, on May

26, a new Universal Postal Convention[964] was signed by all the members

of the Family of Nations for themselves and their colonies and

dependencies. This Union possesses an International Office seated at

Berne.[965]

[Footnote 962: See Martens, N.R.G. 2nd Ser. I. p. 651.]

[Footnote 963: See Martens, N.R.G. 2nd Ser. III. p. 699.]

[Footnote 964: See Martens, N.R.G. 3rd Ser. I. p. 355.]

[Footnote 965: See Fischer, "Post und Telegraphie im Weltverkehr"

(1879); Schröter, "Der Weltpostverein" (1900); Rolland, "De la

correspondance postale et télégraphique dans les relations

internationales" (1901).]

(2) A general telegraphic convention was concluded at Paris already on

May 17, 1865, and in 1868 an International Telegraph Office[966] was

instituted at Berne. In time more and more States joined, and the basis

of the Union is now the Convention of St. Petersburg[967] of July 22,

1875, which has been amended several times, the last time at Lisbon on

June 11, 1908. That the Union will one day become universal there is no

doubt, but as yet, although called "Universal" Telegraphic Union, only

about thirty States are members.

[Footnote 966: See above, § 464, and Fischer "Die Telegraphie und das

Völkerrecht" (1876).]

[Footnote 967: See Martens, N.R.G. 2nd Ser. III. p. 614.]

(3) Concerning the general treaty of March 14, 1884, for the protection

of submarine telegraph cables,[968] see above, § 287.

[Footnote 968: See Martens, N.R.G. 2nd Ser. XI. p. 281.]

(4) A general radio-telegraphic convention[969] was signed by

twenty-seven States on November 3, 1906, at Berlin. This Union has an

International Office at Berne which is combined with that of the

Universal Telegraph Union.

[Footnote 969: See Martens, N.R.G. 3rd Ser. III. p. 147, and above, §

174, No. 2, and §§ 287_a_ and 287_b_, where the literature concerned is

also to be found.]

[Sidenote: Transport and Communication.]

§ 583. Two general conventions are in existence in the interest of

transport and communication:--

(1) A general convention[970] was concluded on October 14, 1890, at

Berne concerning railway transports and freights. The parties--namely,

Austria-Hungary, Belgium, France, Germany, Holland, Italy, Luxemburg,

Russia, and Switzerland--form a Union for this purpose, although the

term "Union" is not made use of. The Union possesses an International

Office[971] at Berne, which issues the _Zeitschrift für den

internationalen Eisenbahn transport_ and the _Bulletin des transports

internationaux par chemins de fer_. Denmark, Roumania, and Sweden

acceded to this Union some time after its conclusion.

[Footnote 970: See Martens, N.R.G. 2nd Ser. XIX. p. 289.]

[Footnote 971: See above, § 470, and Kaufmann, "Die mitteleuropäischen

Eisenbahnen und das internationale öffentliche Recht" (1893); Rosenthal,

"Internationales Eisenbahnfrachtrecht" (1894); Magne, "Des raccordements

internationaux de chemins de fer, &c." (1901); Eger, "Das internationale

Uebereinkommen über den Eisenbahnfrachtverkehr" (2nd ed. 1903).]

(2) A general convention concerning the International Circulation of

Motor Vehicles[972] was concluded on October 11, 1909, at Paris. The

original signatory Powers were:--Great Britain, Germany,

Austria-Hungary, Belgium, Bulgaria, Spain, France, Greece, Italy,

Monaco, Montenegro, Holland, Portugal, Roumania, Russia, Servia; but

Greece, Montenegro, Portugal, and Servia have not yet ratified.

Luxemburg, Sweden, and Switzerland acceded later on. To give effect to

this convention in Great Britain, Parliament passed in 1909 the Motor

Car (International Circulation) Act,[973] 9 Edw. VII. c. 37.

[Footnote 972: See Martens, N.R.G. 3rd Ser. III. p. 834, and Treaty

Series, 1910, No. 19.]

[Footnote 973: See also the Motor Car (International Circulation) Order

in Council, 1910.]

[Sidenote: Copyright.]

§ 584. On September 9, 1886, the Convention of Berne was signed for the

purpose of creating an international Union for the Protection of Works

of Art and Literature. The Union has an International Office[974] at

Berne. An additional Act to the convention was signed at Paris on May 4,

1906. Since, however, the stipulations of these conventions did not

prove quite adequate, the "Revised[975] Berne Convention" was signed at

Berlin on November 13, 1908. The parties are Great Britain, Germany,

Belgium, Denmark, Spain, France, Haiti, Italy, Japan, Liberia,

Luxemburg, Monaco, Norway, Sweden, Switzerland, Tunis; but Denmark,

France, Italy, Sweden, and Tunis have not yet ratified. Portugal acceded

later. To give effect to the Convention of Berne of 1886, Parliament

passed in 1886 the "Act to amend the Law respecting International and

Colonial Copyright" (49 & 50 Vict. c. 33). This Act, however, was, in

consequence of the "Revised Berne Convention" of Berlin of 1908,

repealed by section 37 of the Copyright Act, 1911 (1 Geo. V. c. 00), and

sections 30 and 31 of the latter Act now deal with International

Copyright.

[Footnote 974: See above, § 467, and Orelli, "Der internationale Schutz

des Urheberrechts" (1887); Thomas, "La convention littéraire et

artistique internationale, &c." (1894); Briggs, "The Law of

International Copyright" (1906); Röthlisberger, "Die Berner Übereinkunft

zum Schutze von Werken der Literatur und Kunst" (1906).]

[Footnote 975: See Martens, N.R.G. 3rd Ser. IV. p. 590; Wauwermans, "La

convention de Berne (revisée à Berlin) pour la protection des

oeuvres littéraires et artistiques" (1910).]

[Sidenote: Commerce and Industry.]

§ 585. In the interests of commerce and industry three Unions are in

existence:--

(1) On July 5, 1890, the Convention of Brussels was signed for the

purpose of creating an international Union for the Publication of

Customs Tariffs.[976] The Union has an International Office[977] at

Brussels, which publishes the customs tariffs of the various States of

the globe. The members of the Union are at present the following

States:--Great Britain, Germany, Argentina, Austria-Hungary, Belgium,

Bolivia, Brazil, Bulgaria, Chili, China, Colombia, Costa Rica, Cuba,

Denmark, San Domingo, Ecuador, Egypt, France, Greece, Guatemala, Haiti,

Holland, Honduras, Italy, Japan, Mexico, Nicaragua, Norway, Panama,

Paraguay, Persia, Peru, Portugal, Roumania, Russia, Salvador, Servia,

Siam, Spain, Sweden, Switzerland, Turkey, the United States of America,

Uruguay, and Venezuela.

[Footnote 976: See Martens, N.R.G. 2nd Ser. XVIII. p. 558.]

[Footnote 977: See above, § 469.]

(2) On March 20, 1883, the Convention of Paris[978] was signed for the

purpose of creating an international Union for the Protection of

Industrial Property. The original members were:--Belgium, Brazil, San

Domingo, France, Holland, Guatemala, Italy, Portugal, Salvador, Servia,

Spain, and Switzerland. Great Britain, Japan, Denmark, Mexico, the

United States of America, Sweden-Norway, Germany, Cuba, and

Austria-Hungary acceded later. This Union has an International

Office[979] at Berne. The object of the Union is the protection of

patents, trade-marks, and the like. On April 14, 1891, at Madrid, this

Union agreed to arrangements concerning false indications of origin and

the registration of trade-marks[980]; and an additional Act[981] was

signed at Brussels on December 14, 1900. These later arrangements,

however, are accepted only by certain States of the Union; Great

Britain, for instance, is a party to the former but not to the latter.

[Footnote 978: See Martens, N.R.G. 2nd Ser. X. p. 133.]

[Footnote 979: See above, § 467.]

[Footnote 980: See Martens, N.R.G. 2nd Ser. XXII. p. 208, and Pelletier

et Vidal-Noguet, "La convention d'union pour la protection de la

propriété industrielle du 20 mars 1883 et les conférences de révision

postérieures" (1902).]

[Footnote 981: See Martens, N.R.G. 2nd Ser. XXX. p. 475.]

(3) On March 5, 1902, the Convention of Brussels[982] was signed

concerning the abolition of bounties on the production and exportation

of sugar. The original parties were:--Great Britain, Austria-Hungary,

Belgium, France, Germany, Holland, Italy, Spain, and Sweden; but Spain

has never ratified. Luxemburg, Peru, and Russia acceded later. A

Permanent Commission[983] was established at Brussels for the purpose of

supervising the execution of the convention. An additional Act[984] was

signed at Brussels on August 28, 1907.

[Footnote 982: See Martens, N.R.G. 2nd Ser. XXXI. p. 272, and Kaufmann,

"Welt-Zuckerindustrie und internationales und coloniales Recht" (1904).]

[Footnote 983: See above, §§ 462 and 471.]

[Footnote 984: See Martens, N.R.G. 3rd Ser. I. p. 874.]

[Sidenote: Agriculture.]

§ 586. Three general conventions are in existence in the interest of

Agriculture:--

(1) On June 7, 1905, the Convention for the Creation of an International

Agricultural Institute[985] was signed at Rome by forty States. The

Institute has its seat at Rome.

[Footnote 985: See above, § 471_a_, and Martens, N.R.G. 3rd Ser. II. p.

238, and Treaty Series, 1910, No. 17.]

(2) Owing to the great damage done to grapes through phylloxera

epidemics a general convention[986] for the prevention of the extension

of such epidemics was concluded on September 17, 1878, at Berne. Its

place was afterwards taken by the convention[987] signed at Berne on

November 3, 1881. The original members were:--Austria-Hungary, France,

Germany, Portugal, and Switzerland. Belgium, Italy, Spain, Holland,

Luxemburg, Roumania, and Servia acceded later.

[Footnote 986: See Martens, N.R.G. 2nd Ser. VI. p. 261.]

[Footnote 987: See Martens, N.R.G. 2nd Ser. VIII. p. 435.]

(3) On March 19, 1902, a general convention[988] was signed at Paris

concerning the preservation of birds useful to agriculture. The parties

are:--Germany, Austria-Hungary, Belgium, Spain, France, Greece,

Luxemburg, Monaco, Norway, Portugal, Sweden, Switzerland.

[Footnote 988: See Martens, N.R.G. 2nd Ser. XXX. p. 686.]

[Sidenote: Welfare of Working Classes.]

§ 587. Two general treaties are in existence with regard to the welfare

of the working classes:--

(1) On September 26, 1906, was signed at Berne a convention[989]

concerning the prohibition of the use of white phosphorus in the

manufacture of matches. The original parties were:--Germany, Denmark,

France, Holland, Luxemburg, Switzerland. Great Britain, Italy, Spain,

and Tunis acceded later. To give effect to this convention in Great

Britain, Parliament passed in 1908 the White Phosphorus Matches

Prohibition Act (8 Edw. VII. c. 42).

[Footnote 989: See Martens, N.R.G. 3rd Ser. II. p. 872, and Treaty

Series, 1909, No. 4.]

(2) Likewise at Berne on September 26, 1906, was signed the

convention[990] for the prohibition of night-work for women in

industrial employment. The original parties are:--Great Britain,

Germany, Austria-Hungary, Belgium, Spain, France, Luxemburg, Holland,

Portugal, and Switzerland. Italy and Sweden, which had signed the

convention, but had not ratified in time, acceded in 1910.

[Footnote 990: See Martens, N.R.G. 3rd Ser. II. p. 861, and Treaty

Series, 1910, No. 21.]

[Sidenote: Weights, Measures, Coinage.]

§ 588. One Union concerning weights and measures and two monetary Unions

are in existence.

(1) In the interest of the unification and improvement of the metric

system a general convention[991] was signed at Paris on May 20, 1875,

for the purpose of instituting at Paris an International Office[992] of

Weights and Measures. The original parties were:--Argentina,

Austria-Hungary, Belgium, Brazil, Denmark, France, Germany, Italy, Peru,

Portugal, Russia, Spain, Sweden-Norway, Switzerland, Turkey, the United

States of America, and Venezuela; but Brazil has never ratified. Great

Britain, Japan, Mexico, Roumania, and Servia acceded later.

[Footnote 991: See Martens, N.R.G. 2nd Ser. I. p. 663.]

[Footnote 992: See above, § 466.]

(2) On December 23, 1865, Belgium, France, Italy, and Switzerland signed

the Convention of Paris which created the so-called "Latin Monetary

Union" between the parties; Greece acceded in 1868.[993] This convention

was three times renewed and amended--namely, in 1878, 1885, and

1893.[994]

[Footnote 993: See Martens, N.R.G. XX. pp. 688 and 694.]

[Footnote 994: See Martens, N.R.G. 2nd Ser. IV. p. 725, XI. p. 65, XXI.

p. 285.]

Another Monetary Union is that entered into by Denmark, Sweden, and

Norway by the Convention of Copenhagen[995] of May 27, 1873.

[Footnote 995: See Martens, N.R.G. 2nd Ser. I. p. 290.]

On November 22, 1892, the International Monetary Conference[996] met at

Brussels, where the following States were represented:--Great Britain,

Austria-Hungary, Belgium, Denmark, France, Germany, Greece, Holland,

Italy, Mexico, Portugal, Roumania, Spain, Sweden-Norway, Switzerland,

Turkey, and the United States of America. The deliberations of this

conference, however, had no practical result.

[Footnote 996: See Martens, N.R.G. 2nd Ser. XXIV. pp. 167-478.]

[Sidenote: Official Publications.]

§ 589. On March 15, 1886, Belgium, Brazil, Italy, Portugal, Servia,

Spain, Switzerland, and the United States of America signed at Brussels

a convention[997] concerning the exchange of their official documents

and of their scientific and literary publications in so far as they are

edited by the Governments. The same States, except Switzerland, signed

under the same date at Brussels a convention[998] for the exchange of

their _Journaux officiels ainsi que des annales et des documents

parlementaires_.

[Footnote 997: See Martens, N.R.G. 2nd Ser. XIV. p. 287.]

[Footnote 998: See Martens, N.R.G. 2nd Ser. XIV. p. 285.]

[Sidenote: Sanitation.]

§ 590. In the interest of public health as endangered by cholera and

plague a number of so-called sanitary conventions have been concluded:--

(1) On January 30, 1892, Great Britain, Germany, Austria-Hungary,

Belgium, Denmark, Spain, France, Greece, Italy, Holland, Portugal,

Russia, Sweden-Norway, and Turkey signed the International Sanitary

Convention of Venice.[999]

[Footnote 999: See Martens, N.R.G. 2nd Ser. XIX. p. 261, and Treaty

Series, 1893, No. 8.]

(2) On April 15, 1893, Germany, Austria-Hungary, Belgium, France, Italy,

Luxemburg, Montenegro, Holland, Russia, Switzerland signed the Cholera

Convention of Dresden;[1000] but Montenegro has not ratified. Great

Britain, Servia, Lichtenstein, and Roumania acceded later.

[Footnote 1000: See Martens, N.R.G. 2nd Ser. XIX. p. 39, and Treaty

Series, 1894, No. 4.]

(3) On April 3, 1894, Great Britain, Germany, Austria-Hungary, Belgium,

Denmark, Spain, France, Greece, Italy, Holland, Persia, Portugal, and

Russia signed the Cholera Convention of Paris; an additional declaration

was signed at Paris on October 30, 1897.[1001] Sweden-Norway acceded

later.

[Footnote 1001: See Martens, N.R.G. 2nd Ser. XXIV. pp. 516 and 552, and

Treaty Series, 1899, No. 8.]

(4) On March 19, 1897, Great Britain, Germany, Austria-Hungary,

Belgium, Spain, France, Greece, Italy, Luxemburg, Montenegro, Turkey,

Holland, Persia, Portugal, Roumania, Russia, Servia, and Switzerland

signed the Plague Convention of Venice; an additional declaration was

signed at Rome on January 24, 1900;[1002] but Greece, Turkey, Portugal,

and Servia do not seem to have ratified. Sweden acceded later.

[Footnote 1002: See Martens, N.R.G. 2nd Ser. XXVIII. p. 339, XXIX. p.

495, and Treaty Series, 1900, No. 6--See also Loutti, "La politique

sanitaire internationale" (1906). Attention should be drawn to a very

valuable suggestion made by Ullmann in R.I. XI. (1879), p. 527, and in

R.G. IV. (1897), p. 437. Bearing in mind the fact that frequently in

time of war epidemics break out in consequence of insufficient

disinfection of the battlefields, Ullmann suggests a general convention

instituting neutral sanitary commissions whose duty would be to take all

necessary sanitary measures after a battle.]

(5) For the purpose of revising the previous cholera and plague

conventions and amalgamating them into one document, Great Britain,

Germany, Austria-Hungary, Belgium, Brazil, Spain, the United States of

America, France, Italy, Luxemburg, Montenegro, Holland, Persia,

Portugal, Roumania, Russia, Switzerland, and Egypt signed on December 3,

1903, the International Sanitary Convention of Paris.[1003] Denmark,

Mexico, Norway, Sweden, and Zanzibar acceded later. It is, however, of

importance to mention that the previous sanitary conventions remain in

force for those signatory Powers who do not become parties to this

convention.

[Footnote 1003: See Martens, N.R.G. 3rd Ser. I. p. 78, and Treaty

Series, 1907, No. 27.]

(6) For the purpose of organising the International Office of Public

Health contemplated by the Sanitary Convention of Paris of December 3,

1903, Great Britain, Belgium, Brazil, Spain, the United States of

America, France, Italy, Holland, Portugal, Russia, Switzerland, and

Egypt signed at Rome on December 9, 1907, an agreement[1004] concerning

the establishment of such an office at Paris;[1005] but it would seem

that Holland and Portugal have not yet ratified. Argentina, Bulgaria,

Mexico, Persia, Peru, Servia, Sweden, and Tunis acceded later.

[Footnote 1004: See Martens, N.R.G. 3rd Ser. II. p. 913, and Treaty

Series, 1909, No. 6.]

[Footnote 1005: See above, § 471_b_.]

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