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_.]

[Sidenote: Pharmacopoeia.]

§ 591. On November 29, 1906, Great Britain, Germany, Austria-Hungary, Belgium, Bulgaria, Denmark, Spain, the United States of America, France, Greece, Italy, Luxemburg, Norway, Holland, Russia, Servia, Sweden, and Switzerland signed at Brussels an agreement concerning the Unification of the Pharmacopoeial Formulas for Potent Drugs.[1006]

[Footnote 1006: See Martens, N.R.G. 3rd Ser. I. p. 592, and Treaty Series, 1907, No. 1.]

[Sidenote: Humanity.]

§ 592. In the interest of humanity two Unions--although the term "Union" is not made use of in the treaties--are in existence, namely, that concerning Slave Trade and that concerning the so-called White Slave Traffic.

(1) A treaty concerning slave trade[1007] was already in 1841 concluded between Great Britain, Austria, France, Prussia, and Russia. And article 9 of the General Act of the Berlin Congo Conference of 1885 likewise dealt with the matter. But it was not until 1890 that a Union for the suppression of the slave trade came into existence. This Union was established by the General Act[1008] of the Brussels Conference, signed on July 2, 1890, and possesses two International Offices,[1009] namely, the International Maritime Office at Zanzibar and the Bureau Spécial attached to the Foreign Office at Brussels. The signatory Powers are:--Great Britain, Austria-Hungary, Belgium, Congo Free State, Denmark, France, Germany, Holland, Italy, Persia, Portugal, Russia, Spain, Sweden-Norway, the United States of America, Turkey, and Zanzibar. Liberia acceded later.

[Footnote 1007: See above, § 292, p. 368, note 2.]

[Footnote 1008: See Martens, N.R.G. 2nd Ser. XVI. p. 3.]

[Footnote 1009: See above, § 468.]

(2) On May 18, 1904, an Agreement for the Suppression of the White Slave Traffic[1010] was signed at Paris by Great Britain, Germany, Belgium, Denmark, Spain, France, Italy, Holland, Portugal, Russia, Sweden-Norway, and Switzerland. Brazil and Luxemburg acceded later. A further Agreement concerning the subject was signed at Paris on May 4, 1910, by thirteen States, but has not yet been ratified.

[Footnote 1010: See Martens, N.R.G. 2nd Ser. XXXII. p. 160, and Treaty Series, 1905, No. 24--See also Butz, "Die Bekämpfung des Mädchenhandels im internationalen Recht" (1908); Rehm in Z.V. I. (1907), pp. 446-453.]

[Sidenote: Preservation of Animal World.]

§ 593. Two general treaties are in existence for the purpose of preserving certain animals in certain parts of the world:--

(1) In behalf of the preservation of wild animals, birds, and fish in Africa, the Convention of London[1011] was signed on May 19, 1900, by Great Britain, the Congo Free State, France, Germany, Italy, Portugal, and Spain; Liberia acceded later. However, this convention has not yet been ratified.

[Footnote 1011: See Martens, N.R.G. 2nd Ser. XXX. p. 430.]

(2) In behalf of the prevention of the extinction of the seals in the Behring Sea, the Pelagic Sealing Convention[1012] of Washington was signed on July 7, 1911, by Great Britain, the United States of America, Japan, and Russia, but has not yet been ratified.

[Footnote 1012: See above, § 284.]

[Sidenote: Private International Law.]

§ 594. Various general treaties have been concluded for the purpose of establishing uniform rules concerning subjects of the so-called Private International Law:--

(1) Already on November 14, 1896, a general treaty concerning the conflict of laws relative to procedure in civil cases was concluded at the Hague. But this treaty was replaced by the Convention[1013] of the Hague of July 17, 1905, which is signed by Germany, Austria-Hungary, Belgium, Denmark, Spain, France, Italy, Luxemburg, Norway, Holland, Portugal, Roumania, Russia, Sweden, and Switzerland.

[Footnote 1013: See Martens, N.R.G. 3rd Ser. II. p. 243.]

(2) On June 12, 1902, likewise at the Hague, were signed three conventions[1014] for the purpose of regulating the conflict of laws concerning marriage, divorce, and guardianship. The signatory Powers are Germany, Austria-Hungary, Belgium, Spain, France, Italy, Luxemburg, Holland, Portugal, Roumania, Sweden, and Switzerland.

[Footnote 1014: See Martens, N.R.G. 2nd Ser. XXXI. pp. 706, 715, 724.]

(3) Again at the Hague, on July 17, 1905, were signed two conventions for the purpose of regulating the conflict of laws concerning the effect of marriage upon the personal relations and the property of husband and wife, and concerning the placing of adults under guardians or curators. The signatory Powers are Germany, France, Italy, Holland, Portugal, Roumania, and Sweden.[1015]

[Footnote 1015: Meili and Mamelok, "Das internationale Privat und Zivilprozessrecht auf Grund der Haager Konventionen" (1911), offers a digest of all the Hague Conventions concerned.]

[Sidenote: American Republics.]

§ 595. The first Pan-American Conference held at Washington in 1889 created the International Union of the American Republics for prompt collection and distribution of commercial information.[1016] This Union of the twenty-one independent States of America established an International Office at Washington, called at first "The American International Bureau," but the fourth Pan-American Conference, held at Buenos Ayres in 1910, changed the name of the Office[1017] to "The Pan-American Union." At the same time this conference considerably extended[1018] the scope of the task of this Bureau to include, besides other objects, the function of a permanent commission of the Pan-American Conferences which has to keep the archives, to assist in obtaining the ratification of the resolutions and conventions adopted, to study or initiate projects to be included in the programme of the conferences, to communicate them to the several Governments, and to formulate the programme and regulations of each successive conference.

[Footnote 1016: See Barrett, "The Pan-American Union" (1911).]

[Footnote 1017: See above, § 467_a_.]

[Footnote 1018: See Reinsch, "Public International Unions" (1911), p. 117.]

[Sidenote: Science.]

§ 596. In the interest of scientific research the following Unions[1019] have been established:--

[Footnote 1019: The conventions which have created these Unions would seem to be nowhere officially published and are, therefore, not to be found in the Treaty Series or in Martens. The dates and facts mentioned in the text are based on private and such information as can be gathered from the _Annuaire de la Vie Internationale_, 1908-1909, pp. 389-401.]

(1) On October 30, 1886, Great Britain, Germany, Argentina, Austria-Hungary, Belgium, Denmark, Spain, the United States of America, France, Greece, Italy, Japan, Mexico, Norway, Holland, Portugal, Roumania, Russia, Sweden, and Switzerland signed a convention at Berlin for the purpose of creating an International Geodetic Association. Already in 1864 a number of States had entered at Berlin into an Association concerning geodetic work in Central Europe, and in 1867 the scope of the association was expanded to the whole of Europe, but it was not until 1886 that the geodetic work of the whole world was made the object of the Geodetic Association. The convention of 1886, however, was revised and a new convention was signed at Berlin on October 11, 1895.[1020] The Association, which arranges an international conference every three years, possesses a Central Office at Berlin.

[Footnote 1020: For the text of this Convention, see _Annuaire de la Vie Internationale_, 1908-1909, p. 390.]

(2) On July 28, 1903, was signed at Strasburg a convention for the purpose of creating an International Seismologic Association. This convention was revised on August 15, 1905, at Berlin.[1021] The following States are parties:--Great Britain, Germany, Austria-Hungary, Belgium, Bulgaria, Canada, Chili, Spain, the United States of America, France, Greece, Italy, Japan, Mexico, Norway, Holland, Portugal, Roumania, Russia, Servia, and Switzerland. The Association, which arranges an international conference at least once in every four years, has a Central Office at Strasburg.

[Footnote 1021: The text of this Convention is not published in the _Annuaire de la Vie Internationale_, 1908-1909, but its predecessor of 1903 is published there on p. 393.]

(3) On May 11, 1901, a convention was signed at Christiania for the International Hydrographic and Biologic Investigation of the North Sea.[1022] The parties are Great Britain, Germany, Belgium, Denmark, Holland, Norway, Russia, and Sweden. The Association possesses a Central Office.

[Footnote 1022: For the text of this Convention, see _Annuaire de la Vie Internationale_, 1908-1909, p. 397.]

INDEX

A

Abandoned river-beds, 302 Abdicated monarchs, 432 Absorption of a State, 127 Abuse of flag, 336 Abyssinia, independence of, 76, 145, 147, 156, 164 Accession to treaties, 568 Accretion of territory: abandoned river-beds, 302 alluvions, 300 artificial formations, 299 conception of, 299 deltas, 300 different kinds of, 299 new-born islands, 301 Acosta, 97 Acquisition of territory, 281-284 Acquisition of territory by individuals and corporations, 282 Acts, 551 Adhesion to treaties, 569 Administration of territory by a foreign Power, 232 Aegi, case of, 496 Africa: notification of future occupations on the coast of, 294, 590 preservation of wild animals in, 623 African states, 164, 165 Agadir, German action at, 76 Agent consular, 486 Agents lacking diplomatic or consular character, 509 _Agents provocateurs_, 510 Agricultural Institute, International, 518, 617 Agriculture, Convention for preservation of birds useful to, 618 Aix-la-Chapelle: Congress of (1818), 67, 444, 566, 588 Peace treaty of (1668), 62; (1748), 64 Aland Islands, 277, 564 Alaska boundary dispute, 272, 320 Alcazar, case of, 220 Alcorta, 97 Alexander II. of Russia, assassination of, 416, 418, 420 Alexander VI., Pope, 316 Alexandria, International Court of appeal at, 499 Algeciras, International Conference of, 75, 156 Algeria, trade between France and, 608 Aliens Act, the, 391 Aliens: Act for the registration of, 398 expulsion of, 399-403 how far they can be treated according to discretion, 397 in Eastern countries, 395 protection to be afforded to, 397 reception of, 390 reconduction of, 402 right of asylum of, 392 subjected to territorial supremacy, 393 their departure from the foreign country, 398 under protection of their home State, 395 Alliances: _casus foederis_, 599 conception of, 595 conditions of, 598 different kinds of, 597 parties to, 597 Alluvion, 300 Alsace, 279, 291 "Alternat" clause, the, 173 Amakouron, river, 242 Ambassadors, 57, 444. _See also_ Diplomatic envoys. Ambrose Light, case of the, 342 Amelia Island, case of the, 186 American International Bureau, 517, 624 American Civil War, 70 Amos, Sheldon, 94 Andorra, international position of, 146 Anglo-French Agreement (1904), 278, 539 Anglo-Japanese Alliance, text of, 596 Anna, case of the, 301 Annexation, 303 Anti-Slavery Conference at Brussels, 368, 517, 560 Antivari, port of, 327 Antoninus Pius, 315 Anzilotti, 104 _Apocrisiarii_, 437 Aral, Sea of, 245, 321 Arbitration: International Court of, 79, 274, 278, 372, 410, 503 Permanent Court of, suggested in 1306 by Pierre Dubois, 58 Tribunal at Paris (1893), 352 Armed forces on foreign territory, 500. _See also_ Jurisdiction. Armed neutrality, first (1780), 64 Army of Occupation, jurisdiction of, 503 Art, Union for the protection of works of, 516, 615 Artificial boundaries, 270 Artificial formation of territory, 299 Asiatic States, 164, 165 Asylum of criminals: in foreign countries, 392 in hôtels of diplomatic envoys, 461 in men-of-war and other public vessels abroad, 507 Atmosphere, territorial, 236 Attachés of Legation, 472 Attentat clause, the Belgian, 416, 421 _Aubaine, droit d'_, 398 Aubespine, case of L', 459 Austin, 5, 98 Austria-Hungary as a real union, 134 Authentic interpretation, 582 Aviation, 236 _Avulsio_, 300 Awards of the Court of Arbitration, 521 Ayala, 84 Azoff, Sea of, 321 Azuni, 320

B

Baker, Sir Sherston, 94 Balance of power, 62, 65, 80, 193, 289, 307 Baltic, the, 248, 267 maintenance of status quo in the, 604 Bancroft treaties, 389 Barbeyrac, 90 Barents Sea, 266 Barima, river, 242 Bass, case of De, 459 Batoum, 539, 575, 579 Bavaria sends and receives diplomatic envoys, 441 Bay: of Cancale, 262 of Chesapeake, 262, 263 of Conception, 262, 263 of Delaware, 262, 263 of Stettin, 263 Bays, 262 Bearers of despatches, 511, 512 Beckert, case of, 474 Behring Sea Award Act (1894), 352 Behring Sea conflict between Great Britain and United States, 320, 351 Belgium, independence of, 68, 312 neutralisation of, 152, 588 Belle-Isle, case of Maréchal de, 471 Belli, 84 Bello, 97 Bentham, 4, 88 Berlin: Congo Conference of (1884-85), 72, 153, 368, 514, 537, 590, 605 Congress of (1878), 71, 118, 272, 368, 514 Decrees of, 65 Treaty of (1878), 71, 76, 327, 364, 369, 387, 575, 576, 579, 590 Bernard, 102 Berne Convention, 615 Bill of lading, 331 Binding force of treaties, 541, 545, 546 Biologic investigation of the North Sea, 626 Birds: in Africa, preservation of, 623 useful to agriculture, Convention for the preservation of, 618 Birkenfeld, 230 Birth, acquisition of nationality by, 375 Black Sea, 247, 268, 269, 321 neutralisation of, 70, 325, 575 Blockade, 63, 335, 538, 588 of Venezuela, 74 Bluntschli, 36, 96, 99 Bodin, 111, 112 Bombardments, convention concerning, 594 Bon, 96 Bonfils, 95, 100 Bornemann, 97 Bosnia and Herzegovina, international position of, 77, 233, 576 Bosphorus and Dardanelles, 247, 266, 267, 268, 321 Boundaries of State territory, 270-273 Boundary: Commissions, 272 dispute, 272, 296 mountains, 272 waters, 270 Boundary dispute: between Great Britain and Venezuela, 198, 242 Louisiana, 295 Oregon, 295 Boundary treaty: between Great Britain and the United States, 272 of Buenos Ayres (1881) between Argentina and Chili, 267, 564, 592 Bounties on sugar, Convention concerning, 515, 617 Brazil, international position of, 72, 312 Bristol Channel, 266 British seas, 317 Brooke, Sir James, Sovereign of Sarawak, 282 Brunus, 84 Brussels: Anti-Slavery Conference of, 368, 517, 560, 591 Conference of (1874), 71, 552 Convention concerning sugar, 515, 617 Bry, 95 Buddhist States, 30, 154 Buenos Ayres, Boundary treaty of (1881), between Argentina and Chili, 267, 564, 592 Buffer States, 148 Bulgaria: a party to the Hague Peace Conferences, 534 international position of, 71, 183, 576 _Bulletin des Douanes_, 517 Bulmerincq, 96, 100 Bumboats in the North Sea, 338, 351 _Bundesrath_, the, 433, 516, 546 _Bundesgericht_, the, 417 Burlamaqui, 90 Burroughs, Sir John, 319 Bynkershoek, 91, 320

C

Cabotage, 258, 606 Calhoun, 115 Callao, revolutionary outbreak at, 342 Calvo, 97, 99 Campos, 97 Canals, 248-254 Cancale, bay of, 262 Cancellation of treaties on account of: subsequent change of status of a party, 579 their inconsistency with subsequent rules of International Law, 578 their violation by one of the parties, 579 war, 580 Canning, case of George, 532 Canning, case of Sir Stratford, 451 Canonists, 55 Canon Law, 8 Cape Breton Island, restitution of, to France, 566 Capitulations, 395, 482, 497 Capture in maritime war, Convention concerning, 594 Carlowitz, Peace Treaty of, 63 Carnazza-Amari, 96 Carnot, assassination of, 418, 420 Caroline, case of the, 187, 501 Caroline Islands, sold by Spain to Germany, 288 Carthagena, rebel men-of-war at, 342 Casa Blanca incident, the, 502 Casanova, 96 Caspian Sea, 246 Castione, case of, 415 Castlereagh, Lord, 412 _Casus foederis_, 599 Cavour, Count, 426 Cellamare, case of Prince, 459 Celsus, 315 Central American Court of Justice, 525 Ceremonials, maritime. _See_ Maritime ceremonials. Certificate of registry, 331 Cession of territory, 285-291 acquisition of nationality through, 289, 377 Ceylon, pearl fishery off the coast of, 348 Chablais and Faucigny, 279, 286 Chalmers, 103 Chambers of Reunion (1680-1683), 62 Changes in the condition of States, 121-125 Channel: Bristol, 266 North, 266 St. George's, 266 Channel tunnel, proposed, 359 _Chapelle, droit de_, 467 _Chargés d'Affaires_, 445-481. _See also_ Diplomatic envoys. _Chargés des Affaires_, 445 Charkieh, case of the, 507 Charles I., 319 Charlton, case of Porter, 408 Charter-party, 332 Chesapeake, Bay of, 262, 263 China, international position of, 164 China and Japan, war between, 72 Cholera. _See_ Sanitary Conventions. Christiania, Treaty of, 75, 135 Christina, Queen of Sweden, 431 "Citizen" and "subject" of a State synonymous in International Law, 370 Civilians, the, 55 Clayton-Bulwer Treaty, 251 Coasting trade, 258, 606 Code of signals, International, 333 Codification of International Law, 35 Collective guarantee, treaties of, 601 Collision at sea, 334 Colonial States cannot be parties to international negotiation, 530 Colonies rank as territory of the motherland, 231 Comity of Nations, 24, 261 Commercial Code of Signals, 333, 334 Commissaries, 511 Commissions, International, 512-515 in the interest of: fisheries, 513 foreign creditors, 515 navigation, 513 sanitation, 515 sugar, 515 Common Consent, 16 Como, Lake of, 245 Composite International Persons, 132-140 Compromise clause, 583 Conception, Bay of, 262, 263 Concert, European, 170 Concordat, 161 _Condominium_, 232, 272 Confederate States, 133, 135 Conferences. _See_ Congresses. Congo, river, 242 Congo Commission, the international, 242 Congo Conference of Berlin, 72, 368, 514, 537, 590, 605 Congo Free State: annexation of, 76 merged in Belgium, 34, 287 neutralisation of, 153 recognition of, 73 Congresses, international: cannot be distinguished from Conferences, 533 conception of, 533 envoys representing states at, 443, 453 parties to, 534 permanent, suggested by Podiebrad, 58 procedure at, 535 reception of envoys at, 452 Conquest, 302. _See also_ Subjugation. _Conseil sanitaire maritime et quarantenaire_ at Alexandria, 515 _Conseil supérieur de santé_ at Constantinople, 515 _Consolato del mare_, 56 Constance, Lake of, 246 Constantinople: Conference of (1885-6), 71 Treaty of (1888), 514, 591 Constitution, case of the, 507 Constitutional restrictions concerning the treaty-making power, 545 Constitutional system, 68 Consular Act, 484 Consular districts, 485 Consul-general, 486 Consular jurisdiction in non-Christian States, 497 Consular officers, 485 Consular service, British, 487 Consuls: appointment of, 487-490 archives of, 495, 496 consular organisation, 485 _consules missi and electi_, 485 consular districts, 485 different classes of, 486 functions of, 480, 490-493 general character of, 484 informal appointment of, 490 in non-Christian States, 497 in the fifteenth century, 483 no obligation to admit, 488 non-professional, 495 position and privileges of, 493-495 qualification of, 487 subordinate to diplomatic envoys, 487 termination of consular office, 496 the institution of, 482 _Consuls Marchands_, 482 Contiguity, right of, 295 Contraband, 335 Contract debts, recovery of, 192, 592 _Conventio omnis intelligitur rebus sic stantibus_, 573 Convention, 551: Anglo-French (1904), 278 concerning matters of international administration, 79 concerning the North Sea Fisheries, 349 concerning radiotelegraphy, 236, 355 for the protection of submarine cables, 354 Co-operation, 189 Copenhagen: Peace Treaty of, 63 Treaty (1857) abolishing Sound dues, 268 Copyright: Union concerning, 615 Acts concerning, 616 Corinth Canal, 248 Corps, diplomatic, 446 Corsica, pledged by Genoa to France, 233, 288 Costa Rica Packet, case of the, 217 Councillors of Legation, 472 Couriers, 472, 473, 475. _See also_ Retinue of envoy. Courland merged in Russia, 124, 287 Court of Arbitration. _See_ Arbitration. Court of Justice, Central American, 525 Cracow, republic of, 151, 310 Creasy, Sir Edward Shepherd, 94 Crete: international position of, 72, 144 possesses no right of legation, 441 Crews of men-of-war, their position when on land abroad, 508 Crime: against the Law of Nations, 209 extraditable, 408 political, 415 Crimean war, 68 Cromwell, 172, 459 Crucée, Émeric, 58 Cruchaga, 97 Cuba: independence of, 72, 181 intervention in, 190 Cuban debt, 132 _Culte, droit du_, 467 Cumberland, Duke of (1837), 433 Cussy, 102 Custom, as source of International Law, 16, 22, 23 Custom tariffs, Union for publication of, 616 office of the Union for publication of, 517 Customs Laws Consolidation Act, 608 Cutting, case of, 205 Cyprus, international position of, 233

D

Danish fleet, case of, 186 Danube, navigation on the, 71, 242 Danube Commission, 242, 513 Dardanelles, 247, 266, 267, 268, 321 Davis, 95 Dead Sea, 244, 321 Death: of consul, 496 of diplomatic envoy, 480 De Bass, case of, 459 Debts to be taken over by the succeeding State, 131, 287 Declaration: of Brussels, 37 of London, 78, 343, 537, 538, 560, 585, 595 of Paris, 12, 68, 537, 569, 588 of St. Petersburg, 70, 537, 590 Declarations, 551 three kinds of, 536 _De facto_ subjects, 372 De Jager _v._ Attorney-General for Natal, 394 Delagoa Bay, case of, 314 Delaware, Bay of, 262, 263 Delinquency, international, 209 _Délits complexes_, 415 Delta, 300 Delusion and error in parties to treaties, 547 Deniers of the Law of Nations, 89 Denization, 381, 383 Denmark, 186 her sovereignty over the Baltic, 316 Deposed monarchs, 432 Deprivation, loss of nationality through, 378 _De Recuperatione Terre Sancte_, 58 Derby, Lord, 601 Dereliction of territory, 313 Deserters not to be extradited, 409 Despagnet, 95, 100 Despatches, sealed, transmission through belligerents' lines, 471 Diena, 96 Dignity of States, 174-177 Diplomacy, 438 language of, 439 Diplomatic corps, 446 Diplomatic envoys: appointment of, 446-448 ceremonial and political, 443 classes of, 66, 443-481, 588 death of, 480 dismissal through delivery of passports, 455, 478 exempt from criminal and civil jurisdiction, 458, 464 exempt from police regulations, 466 exempt from subpoena as witnesses, 465 exempt from taxes, &c., 467 exterritoriality of, 460 family of, 474 found on enemy territory by a belligerent, 471 functions of, 453 immunity of domicile of, 461 injurious acts of, 215 interference with affairs of third States by, 472 interference in internal politics by, not permitted, 455 inviolability of, 457-466 official papers of, 447, 458, 478, 480 persons and qualifications of, 446 position of, 455 privileges of, 456 promotion of, 478 recall of, 477 reception of, 449-452 refusal to receive certain individuals as, 450 retinue of, 472-475 request for, and delivery of, passports, 478 right of chapel of, 467 self-jurisdiction of, 468 servants of, 474 suspension of mission of, 476 termination of mission of, 476-481 travelling through third States, 469 Diplomatic usages, 439 Discovery, inchoate title of, 294 Discretion of States: to admit aliens, 391 to appoint envoys, 446 to conclude extradition treaties, 406 to expel aliens, 400 to protect their citizens abroad, 396 to receive and send envoys, 440 to recognise new heads of States, 426 Dissolution of treaties: in contradistinction to fulfilment, 570 through mutual consent, 571 through vital change of circumstances, 572 through withdrawal by notice, 571 Dogger Bank, case of the, 219 Domicile: of envoys abroad, 474 through naturalisation, 375, 379 Domin-Petrushévecz, 36 Doyen of the diplomatic corps, 446 Drago doctrine, 192 _Droit_: _d'aubaine_, 398 _de chapelle_, 467 _de convenance_, 184 _d'enquête_, 336 _d'étape_, 278 _de préséance_, 172 _de recousse_, 347 _de renvoi_, 402 _du culte_, 467 Dubois, case of, 465 Dubois, Pierre, 58 Duke of Brunswick _v._ King of Hanover, 433 Duke of Cumberland, 433 Dum-dum bullets, 592 Dumont, 102 Dunkirk, fortification of, 183, 583 Duplessix, E., 37

E

Eastern countries: Consuls in, 497 Protection of individuals in, 372, 395 Effect of treaties: how affected by changes in government, 562 upon the parties, 561 upon the subjects of the parties, 562 upon third States, 563 Effective occupation. _See_ Occupation. Egypt, international position of, 142, 164, 498 international courts in, 498 possesses no right of legation, 441 Elizabeth, Queen, 318, 459 Emigration, 373 loss of nationality through, 378 Emperor William Canal, 248 Enclosure, 230 Enemy goods covered by neutral flag, 588 _Enquête, droit d'_, 336 Envoys extraordinary, 444, 445 Equality of States, 20, 168 Equilibrium, 80. _See also_ Balance of power. Erie, Lake, 246, 247 Error and delusion in parties to treaties, 547 Estate duty, 398 _Étape, droit d'_, 278 European Concert, 170 European Danube Commission, 513 Exchange, case of the, 507 Exchange of State territory, 287 _Exequatur_: requisite for consuls, 489, 493, 494, 496 revoked, 426 Exclusion of aliens in the discretion of every State, 391 Expiration, loss of nationality through, 378 Expiration of treaties: in contradistinction to fulfilment, 570 through expiration of time, 571 through resolutive condition, 571 Explosives, discharge of from balloons prohibited, 39 Expulsion of aliens: from Great Britain, 399 from Switzerland, 399 how effected, 402 in the discretion of every State, 400 just causes of, 400 Exterritoriality, 460 of a monarch's retinue abroad, 431 of consuls in non-Christian States, 497 of diplomatic envoys and the members of their suite, 460-469 of monarchs and the members of their suite, 430 of men-of-war in foreign waters, 506 of presidents of republics, 434 of the wife of a monarch, 430, 431 Extinction of States, 124 Extraditable crimes, 409 Extradition: conception of, 403 condition of, 409 effectuation of, 409 municipal laws concerning, 406 no obligation to grant, 404 of deserters, 409 of political criminals, 409, 411-422 treaties of, 392 treaties stipulating, how arisen, 404 Extradition Acts, British, 406, 409

F

Family of Nations: conditions of membership of, 31, 166 definition of, 11 position of States in the, 165 Faröe Island Fisheries, 353 Fauchille, 95, 103 Faucigny, 279, 286 Federal States, 136 as regards appointment of envoys by, 138, 441 as regards appointment of consuls by, 489 as regards conclusion of treaties by, 544 Federalist, The, 115, 137 Female consuls, 488 Female diplomatic envoys, 446 Ferguson, 97 _Fetiales_, 51 Field, 36 Final Act of a Congress, 536 Finance Act (1894), 399 Fiore, 37, 96, 99 Fisheries: around the Faröe Islands, 353 as servitudes, 278 in gulfs and bays, 265 in straits, 266 in the maritime belt, 258 in the North Sea, 316, 337, 349 in the Open Sea, 348-353 in the White Sea, 348 off the coast of Iceland, 348, 353 pearl, off Ceylon, 348 Fishery Commissions, 513 Fish in Africa, preservation of, 623 Fitzmaurice, Lord, 262 Flag: abuse of, on the part of vessels, 336 claims of States to maritime, 326 claims of vessels to sail under a certain, 329 commercial, 327 enemy goods covered by neutral, 588 special, for bumboats, 351 verification of, 335, 337 _Force majeure_, 521, 524 Foreign Jurisdiction Act (1890), 395, 498 Foreign Offices, 435 Foreigner. _See_ Alien. Forerunners of Grotius, 83 Form of treaties, 550 France, as an International person, 122 _Franchise de l'hôtel_, 461 _du quartier_, 461 Franconia, case of, 29 Frankfort: Peace Treaty of, 290, 291, 606 subjugation of, 304 Frederick III., Emperor of Germany, 316 Frederick William of Brandenburg, 464 Freedom of action necessary for consent to treaties, 547 French: Convention, 35, 65 Constitution, 412 Revolution, 65, 98, 411 Frische Haff, 263 Fugitive Offenders Act (1881), 406 Fulfilment of treaties, 570 Full powers, 447, 544 Funck-Brentano, 95 Fundamental rights of States, 165

G

_Gabella emigrationis_, 398 Gallatin, case of the coachman of Mr., 474 Gareis, 96 General Act of a Congress, 536 Geneva Convention, 70, 569, 589 Convention for its adaptation to Naval War, 594 Geneva, Lake of, 246 Genoa, her sovereignty over the Ligurian Sea, 316 Gentilis, 84, 318 Geodetic Association, International, 625 Germany, member-States of: competent to conclude treaties, 544 recognised as independent, 61, 66 Ghillany, 102 Gibraltar, 278 Good offices, 189, 568 Gore, American Commissioner, 513 _Grand_ cabotage, 607 Great Powers, 3 hegemony of, 168 Greece, independence of, 68 Greeks, their rules for international relations, 49 Gregoire, Abbé, 35 Grotians, the, 92 Grotius, Hugo, 4, 59, 85-88, 283, 318, 438 Guarantee as a means of securing the performance of treaties, 567 Guarantee of government or dynasty, 191 Guarantee, treaties of, 599 collective, 601 conception of, 599 effect of, 600 pseudo-guarantees, 602-604 Guébriant, Madame de, 447 Gulfs, 262 Gulistan, Treaty of, 246 Gurney, case of, 473 Gyllenburg, case of, 459

H

Haggerty, case of, 489 Hague: Convention concerning conversion of merchant ships into war ships, 505 Convention (1882), concerning fisheries in the North Sea, 349 Convention concerning laws and usages of war, 552, 569, 586 Convention (1887), concerning Liquor Traffic on the North Sea, 351 Conventions (1907), 207, 213, 218, 538 International Court of Arbitration at the, 74, 274, 278, 518 First Peace Conference at the, 12, 37, 73, 534, 589, 591 Second Peace Conference at the, 12, 38, 77, 365, 534, 589, 592 Haiti, 32 Half-Sovereign States, 141 cannot send or receive diplomatic envoys, 441 competent to conclude treaties, 544 may be parties to international congresses, 534 Hall, 94, 100 Halleck, 95, 99 Hamilton, A., 115 Hanover: King of, 433, 450 subjugation of, 304 Hanseatic League, 56 Hartmann, 96, 100 Havana, Treaty of, 181 Hay-Pauncefote Treaty, 251, 557, 559, 563, 592 Hay-Varilla Treaty, 252, 254, 564 Heads of States, 425-428 competence of, 427 honours and privileges of, 428 injurious acts of, 214 legitimate, 426, 427 objects of Law of Nations, 427 position of, 427 predicates of, 174 privileges of, 428 recognition of new, 425 usurping, 427 Health Office, International, 518 Heffter, 96, 98, 509 Henry IV. of France, 58 Herring Fishery (Scotland) Act, 264 Hertslet, 103 Herzegovina, international position of, 233, 576 Hesse-Cassel, subjugation of, 304 Hinterland, 297 Hobbes, 4, 89, 112 Holland, Professor, 85 Holldack, 104 Holtzendorff, 96, 100 Holy Alliance, 66, 68, 196, 413, 544, 596 Holy Roman Empire, origin of doctrine of servitudes in the, 275 Holy See, 157-162, 441 cannot be party to international negotiation, 161, 441 receives ambassadors of first class, 444 Hostages as a means of securing the performance of treaties, 566 Hostilities: convention relative to the opening of, 593 convention regarding enemy merchantmen, 593 Hovering Acts, 261 Huascar, the, 342 Hubertsburg, Peace treaty of, 64 Humanity, Unions in the interest of, 622, 623 Humbert of Italy, assassination of King, 418, 420 Hüningen, 279 Huron, Lake of, 246, 247 Hutcheson, 90 Hydrographic investigation of the North Sea, 626

I

Iceland, fisheries around, 348, 353 Illegal obligations, 550 Immoral obligations, 549 Immunity of domicile, 461, 474 Independence of States: consequences of, 178 definition of, 177 restrictions upon, 180 violations of, 179 Indian vassal States of Great Britain, 142 Indians, Red, 35 "Indigenousness," international, 367 Individuals: never subjects of International Law, 19, 362 objects of International Law, 366 stateless, 366, 387 _In dubio mitius_, 584 Industrial property, union for protection of, 616 office of, 517 Informing gun, the, 337 Inquiry, international commissions of, 512 Institute of International Law, the, 36 _règlement_ concerning acts of insurgents, 224 _règlement_ concerning consuls, 494 _règlement_ concerning men-of-war in foreign ports, 508 _règlement_ concerning utilisation of flow of rivers, 243 rules concerning aliens, 391, 401 rules concerning double and absent nationality, 390 rules concerning extradition, 410, 417 rules concerning immunities of diplomatic envoys, 450, 457 _voeux_ concerning emigrants, 374 Instructions of diplomatic envoys, 448 Insurgents and rioters, 223 Insurgents recognised as a belligerent Power, 107, 119 do not possess the right of legation, 442 _règlement_ of the Institute of International Law concerning acts of, 224 send public political agents, 509 Integrate territory, 230 Intercession, 189 Intercourse of States, 199-201, 328 International bureau of the International Court of Arbitration, 516, 519 International Code of Signals, 333 International Commission concerning sugar, 515 International Commission of the Congo, 514 International Commission of the proposed Channel Tunnel, memorandum respecting, 359 International Commissions, 512 in the interest of foreign creditors, 515 of Inquiry, 512 International Council of Sanitation at Bucharest, 515 International Court of Arbitration at the Hague: Awards of, 521 Bureau of, 519 deciding Tribunal of, 520 Permanent Council of, 518 International Court of Justice, proposed, 524 International Courts in Egypt, 498 International crimes, 209 International delinquencies, 209 International disputes, convention for the settlement of, 592 International Health Office, 518 International Jurists, schools of, 82, 89 International Law: basis of, 15 basis of international relations, 67 codification of, 35 definition of, 3 development of, 45, 59 dominion of, 30 factors influencing the growth of, 24 legal force of, 4 periodicals relating to, 103, 104 relations between International Law and Municipal Law, 25 sources of, 20 States as subjects of, 19, 107 International Law Association, the, 37 International Maritime Committee, conference of (1910), 333, 339 International negotiation. _See_ Negotiation. International offices: agriculture, 518 customs tariffs, 517 health, 518 industrial property, 517 maritime office at Zanzibar, 517 Pan-American Union, 517 post, 516 sugar, 517 telegraphs, 516 transports, 517 weights and measures, 516 works of literature and art, 516 International personality as a body of qualities, 166 definition of, 167 International persons, 107, 121, 125, 132, 154, 162 International Prize Court, 12, 522 convention concerning, 594 International Radiographic Convention, 236, 355 International Telegraph Union, 614 International transactions. _See_ Transactions. Internoscia, Jerome, 37 Internuncios, 445 _Interpretatio authentica_, 583 Interpretation of treaties, 582-586 Intervention, 81, 188 admissibility in default of right, 193 by right, 189 concerning a treaty concluded by other States, 568 concerning extradited criminals, 410 definition of, 188 for maintaining the balance of power, 193 in the interest of humanity, 194 on behalf of citizens abroad, 396 Ionian Islands, international position of, 146, 286 Inviolability: of bearers of despatches, 512 of commissaries, 511 of consular buildings, 495 of consuls in non-Christian States, 497 of diplomatic envoys, 457-460 of members of international commissions, 514 of monarchs abroad, 429 of presidents of republics, 433, 434 of public political agents, 510 Irish Sea, 266 Isabella, Queen of Spain, 426, 432 Island, new-born, 301 Italy as a Great Power, 70, 171 her "Law of Guaranty" concerning the Pope, 158

J

Jacquin, case of, 416 Jade Bay, 263 James I., 317, 469 Japan, 33, 72, 171 and Russia, war between, 74 conflict with United States concerning Japanese school children in California, 211 treaty of alliance with Great Britain, 565 text of the treaty of alliance, 596 Jassy, case of the, 507 Jay, John, 115 Jay Treaty, article concerning privileges of commissioners, 513 Jenkins, Sir Leoline, 89 Jenkinson, 103 Jews: not a subject of International Law, 108 sometime excluded from Gibraltar, 278 their rules for international relations, 46 their treatment in Roumania and Russia, 369, 387, 392 Johann Friederich, case of the, 339 _Journal Télégraphique_, 516 _Juges Consuls_, 482 Jurisdiction, 201-205 exemption of envoys from, 458, 462-464 in actions for collision at sea, 334 in Straits, 266 of an Army of Occupation, 503 of monarchs abroad over their retinue, 430 of States over their citizens in Eastern countries, 395 on the Open Sea, 203, 329-339 over armed forces abroad, 501 over citizens abroad, 202 over crews of men-of-war when on land abroad, 508 over foreigners abroad, 204 over foreign vessels sailing under the flag of a State, 330 over monarchs as subjects, 433 over pirates, 345 within the maritime belt, 260 _Jus_: _albinagii_, 398 _avocandi_, 371 _fetiale_, 51, 52 _quarteriorum_, 461 _repraesentationis omnimodae_, 427 _sacrale_, 51 _sanguinis_, 375 _soli_, 375 _transitus innoxii_, 470

K

Kainardgi, Treaty of, 441 Kalkstein, case of Colonel von, 464 Kamptz, 103 Kara Sea, 266 Kara Straits, 266 Kardis, Peace Treaty of, 63 Karlstad, Treaty of, 75 Katschenowsky, 36 Kattegat, the, 267 Keiley, case of, 450 Kelmis, 232 Kent, James, 95, 137 Kertch, Strait of, 267, 321 Khedive of Egypt, 498 Kiauchau leased to Germany, 233, 288 King's Chamber, 263 Klüber, 95, 98, 103 Kohler, 104 Korea: extinction of treaties of, 128 merged in Japan, 287 Koszta, case of Martin, 388 Kurische Haff, 263

L

Lado Enclave, leased to Congo Free State, 234 Laibach, Congress of, 67 Lakes, 245 Landlocked seas, 245 Language of diplomacy, 439 Law of Guaranty, the Italian, 158 Law of Nations. _See_ International Law. Law of Nature, 86 Law-making treaties, 23, 541, 587-595 Lawrence, 94, 100 Lease of territory, 233, 288 Lebanon, the, 357 _Le Droit d'Auteur_, 517 Legation: combined, 448 institution of, 435, 438 members of, 472-475 papers of the, 478 right of, 440 _Legati a latere_ or _de latere_, 444 _Leges Wisbuenses_, 56 Legitimacy, doctrine of, 67 Legnano, 84 Leibnitz, 102 _Lèse-majesté_, 413, 415 Letters: of credence, 447, 476, 477, 479, 509 of marque, 341, 342 of recall, 477 of recommendation, 509, 510 _Lettre_: _de créance_, 447 _de provision_, 477 _de récréance_, 477 Levi, Leone, 37, 94 Liberia, 32 Lichtenstein, neither sends nor receives permanent diplomatic envoys, 449 Lieber, 36 Lincoln, assassination of, 418, 420 Liquor Traffic among North Sea Fishermen, Convention concerning, 351 Liszt, 96, 101 Literature, Union for the protection of works of, 516, 615 Log-book, 331 Locke, John, 112 Lombardy, ceded in 1859 by Austria to France, 288 Lomonaco, 96 London: Conference of (1871), 70, 575 Convention of (1841), 268 Convention of (1884), 181 Convention of (1901), concerning fisheries, 353 Declaration of, 78, 343, 537, 538, 560, 585, 595 Declaration of, concerning Egypt and Morocco, 249 Naval Conference of, 38, 39, 43, 78, 595 Treaty (1831), 588 Treaty (1840), 555 Treaty (1841), 268, 368 Treaty (1867), 589 Treaty (1871), 247, 269, 325 Treaty (1883), 514, 587 Treaty (1906), 76, 156 Treaty (1908-9), 38 Lorenzelli, 160 Lorimer, James, 94, 100 Lorraine, 291 Loss of territory, 311 Louis XI. of France, 111 Louisiana boundary dispute, 295 Louter, De, 97 _L'Union Postale_, 516 Luxemburg, neutralisation of, 152, 289, 590 Lymoon Pass, 266

M

Macartney _v._ Garbutt, 450, 467 Mackintosh, Sir James, 412 McGregor, adventurer, 186 McLeod, case of, 501 Madagascar, annexed by France, 147, 539 Madison, J., 115 Magellan, Straits of, 267, 564 Maine, Sir Henry Sumner, 94 Maine, the river, 241 Mancini, 36 Manifest of cargo, 331 Mankind, rights of, 35, 367 Manning, 94, 98 Mardyck, port of, 583 _Mare clausum_, 318 _Mare liberum_, 318 Marini, Antoine, 58 Marino, international position of San, 146 Maritime belt, 255-261 Maritime ceremonials, 176, 258, 317, 326 Maritime Conference: of London, 38, 39, 43, 78, 595 of Washington, 333 of Brussels, 333, 339 Maritime Conventions Bill, 333, 339 Maritime office at Zanzibar, 517 Marmora Sea, 321 Martens, Charles de, 92 Martens, F. von, 97, 100 Martens, G. F. von, 91, 102, 320 Mary, Queen, 317 Matzen, 97 Maxey, 95, 101 Means of securing performance of treaties, 565 guarantee, 567 hostages, 566 oaths, 565 occupation of territory, 566 pledge, 566 Measures. _See_ Weights and Measures. Mediation, 189, 568 Mediterranean, maintenance of status quo in the, 603 Mehemet Ali, 555 Mendoza, Spanish Ambassador, 318 case of, 459 Men-of-war: admittance to maritime belt, 260 admittance to gulfs, 265 admittance to straits, 267 excluded from the Bosphorus, 268 in foreign waters, 504 in revolt, 504 on the Open Sea, 325, 326 position in foreign waters, 235, 506 position of crew on land abroad, 508 proof of character, 505 powers over merchantmen, 335, 337 shipwrecked, 504 Merchantmen. _See_ Merchant ships _and_ Navigation. Merchant Shipping Act (1873), 333 Merchant Shipping Act (1894), 330, 331, 332, 333, 337 Merchant ships, conversion into war ships, 593 Merger of States, 124, 127, 372 Mérignhac, 95 Metternich, Prince, 249 Metric system, Convention concerning, 619 Meunier, case of, 415 Meuse, the, 241 Mines: Convention concerning, 593 in the subsoil of the sea bed, 357 Ministers Plenipotentiary, 445 Ministers Resident, 445, 588 Miruss, 103 Mixed Commission of the Danube, 514 Mohammedan States, 30, 154 Mohl, 103 Moldavia, 441 Monaco, international position of, 146 Monaldeschi, case of, 431 Monarchs: acts of violence committed by foreign, 431 consideration due to, 429 deposed or abdicated, 432 exterritoriality of, 430 in the service of, or subjects of, foreign Powers, 432 position of wife of, 430, 431 residence of, 430 retinue of, abroad, 431 sovereignty of, 428 travelling incognito, 431 Monetary Conventions, 619 Monetary Conference, International, 619 Monroe Doctrine, 67, 196 Montagnini, case of, 160 Montenegro: independence of, 71; restricted, 183 restricted to a commercial flag only, 327 Monti, case of Marquis de, 472 Moore, 95, 101 Moors in Gibraltar, 278 Moray Firth, case of the, 264 Moresnet, 232, 273 Morocco: independence of, 75, 156, 164 protection of natives by foreign Powers, 372 treaties of (1863 and 1880), 373 Mortensen _v._ Peters, case of, 264 Moselle, the river, 241 Moser, 91 Most-favoured-nation clause, 563, 585, 606, 610 Motor vehicles, circulation of, 615 Motor Car (International Circulation) Act, 615 Mulhouse merged in 1798 in France, 287 Municipal Law: in conflict with treaty obligations, 578 not identical with law in general, 9, 14 relations between International and Municipal Law, 25 respecting offences against foreign States, 222 Murdered rulers, 418, 420 Muscat Convention, 373 Muscat Dhows, case of the, 372 Muster Roll, 331 Mutinous crew, 343

N

Names of vessels, 332, 350 Napoleon I., 65, 183 Napoleon III., 416, 470 Narrow Seas: sovereignty of Great Britain over the, 266, 316 Nassau, subjugation of, 304 National. _See_ Citizen. Nationality: absent, 383, 387 acquisition of, 306, 374 conception of, 369 difficulties arising from double and absent nationalities, 388 double, 383, 384 function of, 370 loss of, 377 principle of, 68, 81 the link between individuals and International Law, 366 Natural boundaries, 270 Natural boundaries _sensu politico_, 273 Naturalisation Acts, British, 377, 381, 382, 383 Naturalisation in Great Britain, 382 Naturalisation: acquisition of nationality by, 375 conception of, 379 conditions of, 380 loss of nationality through, 378, 381 object of, 380 through grant on application, 376 Naturalists, the, 89 Naval Conference of London, 38, 39, 43, 78, 595 Naval war code of the United States, 38 Navigation: Commissions in the interest of, 513 in gulfs and bays, 265 in straits, 266 in the Suez Canal, 513, 514 on rivers, 240-243, 588 on the Congo, 514 on the Danube, 513 on the Open Sea, 319, 324 supervised by consuls, 491 through the Straits of Magellan, 267 within and through the maritime belt, 259, 326 _See also_ Open Sea. Navigation Act, 607 Neckar, river, 241 Negotiation: by whom conducted, 531 conception of, 529 end and effect of, 532 envoy's function of, 453 form of, 531 parties to, 529 purpose of, 530 Negro Republics, 32 _Nemo plus juris transferre potest, quam ipse habet_, 288 _Nemo potest exuere patriam_, 381 _Ne quis invitus civitate mutetur, neve in civitate maneat invitus_, 381 Netherlands, revolt of, 312 Neutralisation of the Black Sea, 575 Neutralised States, 147-154 as regards State servitudes, 278 cannot cede territory without consent of the Powers, 286 can be parties to defensive alliances, 597 Neutral Powers in Naval War, Convention concerning the rights and duties of, 594 Newfoundland fishery dispute, 278 New Hebrides, international position of, 232 Niemeyer, 103 Niger, river, 242 Night work of women, Convention for the prohibition of, 618 Nikitschenhow, case of, 463 Nillins, case of, 407 Non-Christian States, 154-156 Non-extradition: Attentat clause of, 416, 421 principle of, 411-422 rationale for, 418 Russian proposal concerning, 416, 421 Swiss solution of, 417, 421 North Atlantic coast fisheries, case of, 275, 276, 278 North Channel, 266 North Pole, 292 North Sea fisheries, 337, 349 Convention for the regulation of, 349 North Sea: hydrographic and biologic investigation of, 626 maintenance of status quo in the, 603 Norway, international position of, 75 Notarial functions: of consuls, 492 of diplomatic envoys, 454 Notification: as an international transaction, 537 of a change in the headship of a State, 425 of occupation, 294 Nuncios, 444 Nymeguen, Treaty of, 62 Nys, 97, 101, 103 Nystaedt, Treaty of, 63

O

Oath as a means of securing performance of treaties, 551, 565 Observation, envoy's function of, 454, 455 Occupation of territory, 291-298 as a means of securing the performance of treaties, 566 conception of, 291 extent of, 295 how affected, 292 notification of, 294 object of, 292 _Office central des transports internationaux_, 517 Offices, international, 515-518 Official publications, 620 Oléron, Laws of, 56 Oliva, Peace Treaty of, 63 Olivart, Marquis de, 97, 103 _Omnia rex imperio possidet, singuli dominio_, 283 Ompteda, 103 Ontario, Lake of, 246, 247 Open Sea, 315 ceremonials on, 326 claims to sovereignty over parts of, 316 collisions on, 333 conception of, 321 fisheries in the, 348-353 freedom of, 201, 323-328 in time of war, 325 jurisdiction on, 329-339 legal order on, 324 navigation on, 326 neutralisation of parts, 325 piracy on, 339-348 powers of men-of-war over merchantmen on the, 335, 337 rationale for freedom of, 327 right of pursuit on, 336 shipwreck and distress on, 339 subsoil beneath the sea bed, 292, 357-361 telegraph cables in, 353-355 verification of flag on, 337 wireless telegraphy on the, 355-357 _See also_ Vessel. Operation of nature as a mode of losing territory, 312 Oppenheim, Heinrich Bernard, 96 Oppenheim, L., 104 Option: loss of nationality through, 378 of inhabitants of ceded territory to retain their old citizenship, 290 Orange Free State, 304 Oregon Boundary dispute, 295 Ottoman law (1863), concerning protégés, 373

P

_Pacta sunt servanda_, 573 _Pacta tertiis nee nocent nec prosunt_, 563 _Pactum de contrahendo_, 546 Paladini, case of Salvatore, 408 Panama: international position of the Republic, 182, 312 intervention in, 191 Panama Canal, 251, 592 Pan-American Conferences, 72, 405, 517 Pan-American Union, 517, 624 Pando, 97 _Panther_, case of the, 219 Papal Nuncio. _See_ Nuncio. Papal States, 157, 450 _Par in parem non habet imperium_, 169, 430, 460 Paris: Convention for the protection of submarine telegraph cables, 354 Declaration of, 12, 68, 537, 569, 588 Peace Treaty of (1763), 64, 183, 314 Peace Treaty of (1856), 68, 190, 247, 268, 277, 325, 514, 549, 564, 575, 578 Peace Treaty of (1898), 72 Parkinson _v._ Potter, 467 Parlement Belge, case of the, 507 Parliaments, injurious attitude of, 216 Participation of third States in treaties: accession, 568 adhesion, 569 good offices and mediation, 568 intervention, 568 Parties to treaties, 543-548 Parts of treaties, 552 Part-Sovereign States, 441 Passports: dismissal of diplomatic envoys through delivery of, 455 of courier, 475 of diplomatic envoy, 448 Passport of vessels, 331 Peace Conferences at the Hague. _See_ Hague. Peace Treaty of: Aix-la-Chapelle (1668), 62 Aix-la-Chapelle (1748), 64, 183 Carlowitz, 63 Christiania, 75 Copenhagen, 63 Frankfort, 290, 291, 606 Hubertsburg, 64 Kainardgi (1774), 441 Kardis, 63 Karlstad, 75, 135 Munster, 241 Nymeguen, 62 Nystaedt, 63 Oliva, 63 Paris (1763), 64, 183, 314 (1856), 68, 190, 247, 268, 277, 325, 514, 549, 564, 575, 578 (1898), 72 Prague (1866), 364 Pyrenees, 62 Rastadt and Baden, 63 Roeskild, 63 Ryswick, 63 San Stefano, 71, 190, 549 Seoul, 75 Shimonoseki, 72 Tilsit, 183, 186 Utrecht, 63, 183, 278 Versailles (1783), 64, 278 Westminster (1674), 319 Westphalia, 61, 151, 435, 587 Pearl fishery off Ceylon and in the Persian Gulf, 348 Peary, Admiral, 292 Pelagic Sealing Conference, 352 Persia, international position of, 164 Persian Gulf, pearl fishery in the, 348 _Persona grata_ of diplomatic envoy, 451 Personal supremacy: consequences of, 178 definition of, 177 restrictions upon, 183 violations of, 179 Personal union of States, 133 Pertille, 96 _Petit_ cabotage, 607 Pharmacopoeial formulas, unification of, 622 Philip II. of Spain, 316 Philippine Islands, 72 Phillimore, Sir Robert, 94, 99 Phosphorus. _See_ White phosphorus. Phylloxera conventions, 618 Physically impossible obligations, 549 Piédelièvre, 95, 100 Pierantoni, 96 Pillau, alliance of, 551 Pinkney, American commissioner, 513 Piracy, 203, 340-348 _Pirata non mutat dominium_, 346 Pirates: jurisdiction over, 345 may be pursued into the territorial maritime belt, 346 Plague. _See_ Sanitary Conventions. Platen-Hallermund, case of Count, 306 Plebiscite concerning cession of territory, 289, 364 Pledge, 233, 288, 566 _Pleins pouvoirs_, 447 Podiebrad, 58 Poelitz, 96 Poland, 566 partition of, 151, 310, 370 Polish revolution (1830), 413 Political agents: public, 509 secret, 510 spies, 510 Political crime, conception of, 414-421 Political criminals, non-extradition of, 411-422 Pollicitations, 546 Polson, Archer, 94 Pope, position of the, 70, 157-162. _See also_ Holy See. Port Arthur leased to Russia, 233, 288 Porto Rico, 72 Portugal: her claims to parts of the Open Sea, 316 international position of, 77 passage of troops through territory of, 280 republic proclaimed in, 76 Position: of armed forces abroad, 501 of consuls, 493 of diplomatic envoys, 455 of diplomatic envoys as regards third States, 469 Positivists, the, 90, 98 Postal Union, Universal, 516 Powers of men-of-war over merchantmen of all nations, 335, 337 Pradier-Fodéré, 95, 100 Prague, Peace Treaty of (1866), 364 Precedence among envoys, 444 Predicates of heads of States, 174 Prescription, 308-311 Presidents of republics: not sovereigns, 433 position of, 434 Private International Law: conception of, 4 Hague Conventions concerning, 623, 624 Privateer, 341, 342 Privateering abolished by Declaration of Paris, 69, 588 Privileges of: consuls, 494 couriers, 475 diplomatic envoys, 456 judges of the Prize Court, 522 members of legation, 473 members of the Tribunal of the Court of Arbitration, 521 Proconsul, 487 Projectiles, Convention concerning, 594 Protection, treaties of, 604 Protection: envoy's function of, 454 of citizens abroad, 371, 372, 396, 492 Protectorate, 144 Protectorate as precursor of occupation, 296 Protégés, 371 Protest as an international transaction, 538 Protestant States, 449 Prussia becomes a Great Power, 64 Pseudo-guarantees, 602 Publications, official, 620 Public Health, international office of, 518, 621 Public political agents, 509 Pufendorf, 4, 89, 112 _Punctationes_, 546 Pursuit into the Open Sea, right of, 336 Pyrenees, Peace of the, 62

Q

Quabbe, 604 _Quidquid est in territorio est etiam de territorio_, 178, 231 _Qui in territorio meo est, etiam meus subditus est_, 231

R

Rachel, 90 Radiotelegraphy, 236 office of, 516 on the Open Sea, 355 Radiotelegraphic Convention, 355 Union, 614 Railway transports and freights, Union concerning, 614 Office of, 517 Rank of States, 171 Rastadt and Baden, Peace Treaty of, 63 Ratification of treaties: by whom effected, 558 conception of, 553 effect of, 561 form of, 557 not absolutely necessary, 554 not to be partial or conditional, 559 rationale for, 554 refusal of, 556 space of time for, 555 Rationale for the freedom of the Open Sea, 327 Real Union of States, 123, 131, 134 _Rebus sic stantibus_, clause of, 280, 573-574 Recall of diplomatic envoys, 477 Reception of diplomatic envoys, 449, 451, 452 Reception of aliens: may be received conditionally only, 392 no obligation to receive aliens, 390 Recognition: of a change in the form of government, 120 of a change in the title of a State, 121, 173 of a new head of a State, 425 of a State through appointment of consul, 489 of States, 116-121 of insurgents as a belligerent Power, 119 Reconduction of foreigners, 402 Reconfirmation of treaties, 581 _Recousse, droit de_, 347 Red Indians, 35 Redintegration, acquisition of nationality by, 376 Redintegration of treaties, 581 Regents, 432 Registration of Aliens, Act for the, 398 Reign of Terror, 412 Release, loss of nationality through, 378 Religious disabilities, 364, 368 in Roumania, 388 Renewal of treaties, 580 Renunciation as an international transaction, 539 Renunciation of a treaty, 571 _Renvoi, droit de_, 402 Reprisals, 396 Republics: American, 624 Italian, 438 Negro, 32 Presidents of, 433, 434 Rescission of treaties, 571 _Res extra commercium_, 323 Residents, 445 _Responsales_, 437 Responsibility of States, 206-225 for acts of courts of justice, 216 for acts of diplomatic envoys, 215 for acts of heads of States, 214 for acts of insurgents and rioters, 222 for acts of members of Governments, 215 for acts of officials and military forces, 218 for acts of Parliaments, 216 for acts of private individuals, 221 _Res transit cum suo onere_, 128, 288 Retinue of diplomatic envoys, 472-475 of monarchs abroad, 430 Retorsion, 391, 396, 400 Revenue Laws, 261 Revolt as a mode of losing territory, 312 Rhine, the river, 241 Rhodian laws, 56 Ricci-Busatti, 104 Right: of asylum, 392, 461, 462 of chapel, 467 of contiguity, 295 of legation, 440 of protection over citizens abroad, 395, 400 of pursuit on the sea, 336 Right of legation: by whom exercised, 442 conception, 440 not possessed by a revolutionary party recognised as a belligerent Power, 442 what States possess the, 441 Rights of mankind, 35, 367, 369 Rights of Nations, Declaration of, 35, 65 Rioters, _règlement_ of the Institute of International Law concerning Acts of, 224 Ripperda, case of the Duke of, 461 Riquelme, 97 Rivers, 239 abandoned beds of, 302 international, 240 South American, 242 utilisation of the flow of, 243 _See also_ Navigation. Rivier, 97, 101, 103 Roeskild, Peace Treaty of, 63 Rolin, 103 Roman Catholic Church, 8 Roman Law, 283 Romans, their rules for international relations, 50 Rome, Congress at, 613 Ross, case of Bishop, 443 Roumania: Convention of 1877 with Russia, 597 independence of, 71; restricted, 183 treatment of Jews in, 388 Rousseau, J. J., 113 Rousset, 102 Royal honours, States enjoying, 172 Russian Ambassador, case of, 457 Rutherford, 90 Rymer, 102 Ryswick, Peace Treaty of, 63

S

Sà, case of Don Pantaleon, 475 Saalfeld, 96 Sackville, case of Lord, 455 St. George's Channel, 266 St. Lawrence, navigation on the river, 243 St. Petersburg: Convention of, 614 Declaration of, 70, 537, 590 Sale of State territory, 287 Salvage, 339 Samos, international position of, 144 San Domingo, 32 San Marino, international position of, 146 San Stefano, Peace Treaty of, 71, 549, 568 Sandona, 96 Sanitary Conventions, 620 Sanitary laws, 261 Sanitation, International Council of, at Bucharest, 515 Santa Lucia, case of, 313 Sarawak, 282 Sarpi, Paolo, 319 Savarkar, case of, 410 Scheldt, the river, 241 Schmalz, 95 Schmauss, 102 Schnaebélé, case of, 511 Schools of International Jurists, 82, 89 Scientific Research, Unions in the interest of, 625, 626 Scott, James Brown, 104 Scott, Sir William, 98. _See also_ Lord Stowell. Sea-brief, 331 Sea-letter, 331 Seal fisheries in the Behring Sea, 351, 623 Sealing Conference, pelagic, 352, 623 Secret political agents, 510 Secret protocol, 555 Secretaries of Legation, 472 Secretary for Foreign Affairs, 435 Seismologic Association, International, 625 Selden, John, 89, 318 Self-jurisdiction: of diplomatic envoys, 468 of monarchs abroad, 429, 430 Self-preservation, 184-187 Semi-sovereign. _See_ Half- _and_ Part-Sovereign. Seneca, 230, 283 Senigallia, 104 Seoul, Peace of, 75 Servia, independence of, 71 restricted, 183 Servitudes, 273-281 _Servitus in faciendo consistere nequit_, 279 _Servitutes juris gentium naturales_, 274 _Servitutes juris gentium voluntariae_, 274 Shenandoah, case of the, 343 Shimonoseki, Peace Treaty of, 72, 568 Ship. _See_ Vessel. Ship-papers, 331, 491 Shipwreck on the Open Sea, 339 Siam, international position of, 164 Slave-trade, 66, 348, 368, 588, 591, 622 Smith, F. E., 94 Solent, the, 266 Solferino, battle of, 544 Sorel, Albert, 95 Soudan, international position of, 232 Soulé, case of, 470 Sound dues, 267 Sources of International Law, 20 South African Republic, 74, 142, 181, 304, 441 her alliance with the Orange Free State, 597 Sovereignty: conception of, 110, 112, 177 divisibility of sovereignty contested, 110 history of meaning of sovereignty, 111-115 in contradistinction to suzerainty, 141 Sovereignty of monarchs, 428 Spheres of influence, 297 Spies, 510 Spirit-trade in certain parts of Africa, 591 Spitzbergen, 232 _Sponsio_, 545 Springer, case of, 461 State, conception of, 108 State property. _See_ State territory. States: American, 163 a product of law, 14 changes in the conditions of, 121-125 confederated, 135 dignity of, 174-177, 456 equality of, 20, 168 European, 162 extinction of, 124 Federal, 130, 136 full- and not-full Sovereign, 109 heads of. _See_ Heads of States. independence of, 177 intercourse of, 166, 199-201 jurisdiction of, 201-205 neutralised, 147-154 new-born, 281 non-Christian, 154, 497 order of precedence of, 172 part-Sovereign, 141 personal supremacy of, 177 personal union of, 133 possessing royal honours, 172 rank of, 171 real union of, 123, 131, 134 recognition of, 116-121 responsibility of, 206-225 self-preservation of, 184-187 suzerain, 140, 190 territorial supremacy of, 177 titles of, 173 under protectorate, 144 vassal, 140 State servitudes, 273-281 State territory: cession of, 285 definition of, 229 different kinds of, 230 different parts of, 235 dismembered, 230 importance of, 231 inalienability of parts of, 238 integrate, 230 loss of, 311-314 modes of acquiring, 281-284 servitudes on, 273-281 States under protectorate cannot cede territory without consent of the superior State, 286 Status quo: in the Baltic, 604 in the Mediterranean, 603 in the North Sea, 603, 604 treaties guaranteeing maintenance of, 602-604 Stettin, Bay of, 263 Stockton, Capt. C. H., 38 Stoerk, 103 Story, 137 Stowell, Lord, 98, 302 Straits, 265 of Kara, 266 of Kertch, 267 of Magellan, 267 of Yugor, 266 Strupp, 102 Stuart Pretender, the, 278 Suarez, 84 Subject of a State, his position when a diplomatic envoy of a foreign State, 450 Subjugation: conception of, 302 consequences of, 305 in contradistinction to occupation, 303 justification of, 304 of the whole or of a part of enemy territory, 304 veto by third Powers, 307 Subjugation, acquisition of nationality through, 306, 377 Subsoil, territorial, 235 beneath the sea bed, 357 Substitution of one treaty for another, 571 Substitution, loss of nationality through, 378 Succession of States, 125-132 Suez Canal, 249, 514, 591 Sugar Convention, 617 Office of, 517 _Sujets mixtes_, 386 Sully, 58 Sully, case of, 468 Sun Yat Sen, case of, 464 Suzerainty, conception of, 141 Sweden, her sovereignty over the Baltic, 316 Sweden-Norway, Real Union dissolved, 135 Swiss Confederation reorganised, 61 Switzerland, neutralisation of, 66, 151, 588 member-States conclude treaties, 544 without a maritime flag, 327

T

_Tabula Amalfitana_, 56 Taylor, Hannis, 95, 101 Telegraph cables: Convention for the protection of, 354 in the Open Sea, 353 Telegraph Union, Universal, 516 Telegraphy, wireless, on the Open Sea, 355 _Terrae potestas finitur ubi finitur armorum vis_, 257 Territorial atmosphere, 236 Territorial supremacy: consequences of, 178 definition of, 177 restrictions upon, 182, 273 violations of, 179 Territorial waters, 235 contrasted with Open Sea, 321 Territorial Waters Jurisdiction Act, 29, 257, 260, 266 _Territorium clausum_, 230 _Territorium dominans_, 276 _Territorium serviens_, 276 Territory. _See_ State Territory. Textor, 90 Tezkereh, 389 Thalweg, the, 271 Tibet, international position of, 164 Titles of States, 173 Thomasius, 90 Toll, maritime, 259 Tourkmantschai, Treaty of, 246 Tourville, case of, 407 Trading Consular Officers, 485 Tradition of ceded territory, 288 Transactions: declarations, 536 different kinds of, 536 notifications, 537 protests, 538 renunciation, 539 Traffic on the Open Sea, 333 Transports, Central Office of International, 517 Transvaal. _See_ South African Republic. Trawling in Prohibited Areas Prevention Act, 265 Treaties: accession and adhesion to, 568, 569 binding force of, 541, 545, 546 cancellation of, 578 commercial and consular, 488, 605-612 conception of, 540 constitutional restrictions concerning the treaty-making power, 545 different kinds of, 540 effect of, 561 expiration and dissolution of, 570-576 extradition, 412-422 form of, 550 fulfilment of, 570 interpretation of, 582 law-making, 23, 541, 587 lists of, 94, 102 means of securing performance of, 565 objects of, 548 of alliance, 595 of cession, 290 of extradition, 404-406 of guarantee, 599 of protection, 604 of subsidy, 598 _pactum de contrahendo_, 546 participation of third States in, 567 parties to, 543, 546-548 parts of, 552 pseudo-guarantees, 602 _punctationes_, 546 ratification of, 553-561 reconfirmation of, 581 redintegration of, 581 regarding spheres of influence, 297 renewal of, 580 sources of International Law, 23 voidance of, 576 who can exercise the power of making, 543 Triepel, 102 Troppau, Congress of, 67 Tucker, 95 Tunis, international position of, 147, 164 Tunnel, proposed Channel, 359 Turkey, reception into the Family of Nations through Peace Treaty of Paris (1856), 32, 69 Twiss, Sir Travers, 94, 99, 249

U

Ullmann, 96, 101 Ulpianus, 315 Unions concerning: Agriculture, 617 birds useful to agriculture, 618 Cholera and plague, 620 Coinage, 619 Copyright, 615 Customs tariffs publication, 616 Geodetic work, 625 Humanity, 622 Hydrographic work, 626 Industrial property, 616 Literature and Art, 615 Metric system, the, 619 Motor Vehicles, 615 Night work of women, 618 Official publications, 620 Pelagic Sealing, 623 Pharmacopoeial formulas, 622, 623 Phylloxera epidemics, 618 Post, 613 Private International Law, 623 Public health, 621 Radiotelegraphy, 614 Railway transport, 614 Sanitation, 620 Science, 625 Seismology, 625 Submarine cables, 614 Sugar, 617 Telegraphs, 614 Transport, 614 White phosphorus, the use of, 618 White slave traffic, 622, 623 Wild animals in Africa, 623 Unions, object of, 612 United States of America: become a Great Power, 70, 171, 312 become a member of Family of Nations, 64 intervene in the revolt of Cuba, 72 member-States cannot conclude treaties, 544 naval war code of, 38 Universal Postal Union, 613 Universal Telegraph Union, 614 Usage, international, in contradistinction to international custom, 22 Usurper, 427 Utrecht, Peace of, 63, 278, 583

V

Vaderland, case of the, 357 Vassal States, 140 cannot be parties to offensive alliances, 142, 597 cannot cede territory without consent of suzerain, 286 competent to appoint consuls, 488 competent to make treaties, 544 competent to send public political agents, 509 of Great Britain, Indian, 142 Vatican, the, 158, 449 Vattel, 93, 320, 405 Venezuela, blockade of (1902), 74 Venice: ceded by Austria to France, 287 her sovereignty over the Adriatic Sea, 316 Verdun, Treaty of, 54 Verification of flag, 335 Verona, Congress of, 67 Versailles, Peace of, 64, 567 Vessels: arrest of, 338 collision of, 333 distress of, 339, 356 names of, 332, 350 papers of, 331 search of, 338 territorial quality of, when on the Open Sea, 332 visit of, 337 _See also_ Men-of-War. Veto concerning a cession of territory, 289 concerning subjugation, 307 Vexaincourt, case of, 219 Vice-consul, 486 Victor Emanuel, King of Italy, 426 Victoria, 84 Vienna Congress, 65, 75 (1815), 241, 280, 444, 587, 588 Vienna, Treaty of (1878), 364 Villafranca, Preliminary Peace Treaty of, 544 Virginius, case of the, 187 Visit of vessels, 337 Vital change of circumstances, 573 Voidance of treaties: through extinction of object concerned, 577 through extinction of one of the parties, 576 through impossibility of execution, 577 through realisation of purpose, 577 _Völkerrechts-Indigenat_, 367

W

Waddington, case of, 475 Walker, Thomas Alfred, 94, 100 Wallachia, 441 War, Convention concerning Laws of, 593 Convention concerning rights and duties of neutrals in, 593 Laws of (U.S.A.), 36 Laws of (U.S.A.) at sea, 38 Warsaw, non-admittance of consuls to, 488 Washburne, case of, 471 Washington: Boundary Treaty of (1908), 272, 513 Congress of (1890), 304 Maritime Conference of (1889), 333 Pelagic Fishing Conference of, 352 Treaties (1854) and (1871), concerning navigation on the river St. Lawrence, 243 Treaty (1857) concerning the Sound Dues, 268 Treaty (1901) concerning the Panama Canal, 251 Treaty (1904), 182 Waters, territorial. _See_ Territorial waters. Webster, Mr., U.S.A., Secretary of Foreign Affairs, 502 Weights and Measures, International Union of, 619 Office of the Union of, 516 Wei-Hai-Wei leased to Great Britain, 233, 288 Welwood, William, 318 Wenck, 102 Westlake, 94, 101 Westminster, Treaty of (1674), 319 Westphalian Peace, 61, 151, 435, 587 Wharton, 95, 100 Wheaton, 95, 98 White Phosphorus, Convention for the prohibition of the use of, 618 White Phosphorus Matches Prohibition Act, 618 White Sea fisheries, 348 White slave traffic, 623 Wild animals, &c., in Africa, preservation of, 623 Wildman, Richard, 94 William of Holland, case of King, 432 Wilson, 95, 101 Wireless telegraphy, 236 on the Open Sea, 355 Wisby, the maritime laws of, 56 Wismar, pledged by Sweden to Mecklenburg, 233, 288 Wolff, Christian, 92 Women. _See_ Night-work of women. Woolsey, 95, 103 Wrech, case of Baron de, 465

Y

Young Turks movement, 76 Yugor Straits, 266

Z

Zanzibar, international position of, 147 Zone for revenue and sanitary laws extended beyond the maritime belt, 261 Zouche, 88 Zuider Zee, 263

END OF VOL. I.

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