Treaty of London of 1867. Declara Peters burg. tion to sea warfare of the principles of the Geneva Convention. § 561. The Treaty of London' 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. § 562. The Declaration of St. Petersburg 2 of tion of St. November 29, 1868, signed by Great Britain, AustriaHungary, 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. Treaty of Berlin of 1878. General Act of the ence. § 563. The Treaty of Berlin 3 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. § 564. The General Act of the Congo Conference 4 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 1 Martens, N.R.G., XVIII. 445. See Wampach, Le Luxembourg Neutre (1900). 2 Martens, N.R.G., XVIII. p. 474. 3 Martens, N.R.G., 2nd ser. III. p. 449. See Mulas, Il congresso di Berlino (1878). Martens, N.R.G., 2nd ser. X. p. 414. See Patzig, Die afrikanische Conferenz und der Congostaat (1885). America, is a law-making treaty of great importance, stipulating freedom of commerce within the basin of the river Congo for all nations; prohibition of slave-transport within that basin; neutralisation of Congo Territories; freedom of navigation on the rivers Congo and Niger for merchantmen of all nations; and, lastly, the obligation of the signatory Powers to notify to one another all future occupations on the coast of the African continent. Constanti § 565. The Treaty of Constantinople1 of October 29, Treaty of 1888, signed by Great Britain, Austria-Hungary, nople of France, Germany, Holland, Italy, Russia, Spain, and 1888. 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. Act of the Slavery ence. § 566. The General Act of the Brussels Anti-Slavery General Conference, signed on July 2, 1890, by Great Brussels Britain, Austria-Hungary, Belgium, the Congo Free AntiState, Denmark, France, Germany, Holland, Italy, Confer 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 slave-trade in Africa, and, incidentally, restrictive measures concerning the spirit-trade in certain parts of Africa. 3 of the § 567. The Final Act of the Hague Peace Confer- Final Act ence of July 29, 1899, is a pure law-making treaty of Hague vast importance, and comprises, besides three conven 1 Martens, N.R.G., 2nd ser. XV. P. 557. See above, § 183. Martens, N.R.G., 2nd ser. XVI. p. 3, and XXV. p. 543. See Lentner, Der afrikanische Sklavenhandel und die Brüsseler Conferenzen (1891). 3 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). Peace Con ference. Treaty of Washington of 1901. tions of minor importance, which are styled "Declarations," 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. The Powers which took part in the conference are the following: Great Britain, AustriaHungary, Belgium, Bulgaria, China, Denmark, France, Germany, Greece, Holland, Italy, Japan, Luxemburg, Mexico, Montenegro, Persia, Portugal, Roumania, Russia, Servia, Siam, Spain, Sweden-Norway, Switzerland, Turkey, and the United States of America. All these Powers are parties to the three conventions, with the following exceptions: Switzerland refused to sign the second convention, and SwedenNorway, although she signed, refused to ratify it; China and Turkey signed all three conventions, but did not ratify any of them. $568. The so-called Hay-Pauncefote Treaty of Washington between Great Britain and the United States of America, signed November 18, 1901, is, although law-making between the parties only, nevertheless of world-wide importance because it neutralises permanently the Panama Canal of the future and stipulates free navigation thereon for vessels of all nations.2 1 See Treaty Series, 1902, No. 6. 2 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 worldwide importance, because it neutralises the Straits of Magellan for ever and declares them open to vessels of all nations. See above, p. 250, note 2, and below, vol. II. $72. II tion of Alliances. Grotius, II. c. 15-Vattel, III. §§ 78-102-Twiss, I. § 246-Taylor, 55 347-349-Wheaton, §§ 278-285-Bluntschli, §§ 446-449-Heffter, $ 92-Geffcken in Holtzendorff, III. pp. 115-139-Liszt, § 37Bonfils, Nos. 871-881-Pradier-Fodéré, II. Nos. 934-967-Rivier, II. pp. 111-116-Calvo, III. §§ 1587-1588-Fiore, II. No. 1094Martens, I. § 113-Rolin-Jacquemyns in R.I. XX. (1888), pp. 5-35. $569. Alliances in the strict sense of the term are Concep 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, which almost all of the Sovereigns of Europe afterwards joined, 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 different States. They have always played, and still play, an important part in politics. For the present 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 are illustrative examples.1 The following is the text of extreme East, being moreover the Anglo-Japanese treaty of specially interested in maintaining alliance:the independence and territorial integrity of the Empire of China and the Empire of Corea, and in securing equal opportunities in those countries for the commerce The Governments of Great Britain and Japan, actuated solely by a desire to maintain the status quo and general peace in the Parties to § 570. Subjects of alliances are said to be fullSovereign States only. But the fact cannot be denied that alliances have been concluded by States under suzerainty. Thus, the convention between and industry of all nations, hereby other High Contracting Party will agree as follows: ARTICLE I. The High Contracting Parties, having mutually recognised the independence of China and of Corea, declare themselves to be entirely uninfluenced by any aggressive tendencies in either country. Having in view, however, their special interests, of which those of Great Britain relate principally to China, while Japan, in addition to the interests which she possesses in China, is interested in a peculiar degree politically, as well as commercially and industrially, in Corea, the High Contracting Parties recognise that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests if threatened either by the aggressive action of any other Power, or by disturbances arising in China or Corea, and necessitating the intervention of either of the High Contracting Parties for the protection of the lives and property of its subjects. ARTICLE II. If either Great Britain or Japan, in the defence of their respective interests as above described, should become involved in war with another Power, the other High Contracting Party will maintain a strict neutrality, and use its efforts to prevent other Powers from joining in hostilities against its ally. ARTICLE III. If in the above event any other Power or Powers should join in hostilities against that ally, the come to its assistance and will conduct the war in common, and make peace in mutual agreement with it. ARTICLE IV. agree that neither of them will, The High Contracting Parties without consulting the other, enter into separate arrangements with another Power to the prejudice of the interests above described. ARTICLE V. Whenever, in the opinion of either Great Britain or Japan, the above-mentioned interests are in jeopardy, the two Governments will communicate with one another fully and frankly. ARTICLE VI. The present Agreement shall come into effect immediately after the date of its signature, and remain in force for five years from that date. In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said five 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 30th January, 1902. |