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Treaties

tion.

it is certainly their duty to act against such faithless co-guarantor. If, however, the majority, 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.

Yet different 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.

§ 577. Different from guarantee treaties are treaties of Protec 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.1

Common

in Contradistinc

IV

UNIONS CONCERNING COMMON NON-POLITICAL
INTERESTS

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).

§ 578. The development of international intercourse has called into existence innumerable treaties tion to for the purpose of satisfying economic and other Interests. non-political interests of the different States. Each nation concludes treaties of commerce, of navigation, of jurisdiction, and of many other kinds with most

Particular

1 See above, § 92.

of the other nations, and tries in this way more or
less successfully to foster its own interests. Many
of these interests are of so particular a 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 different States have also many
non-political interests in common which can better
be satisfied and fostered
fostered by a general treaty
between a great number of States than by special
treaties singly concluded between the different parties.
Such general treaties have, therefore, since the second
half of the nineteenth century, more and more
come into being, and it is certain that their number
will in time increase. The number of States which
are parties to these general treaties varies, of course,
and whereas some of them will certainly become in
time universal international treaties in the same way
as the treaty which is the basis of the Universal
Postal Union, others will never reach that stage.
But all of them are general treaties in so far as a
lesser or greater number of States are parties.

Postal

§ 579. Whereas formerly the different States seve- Universal rally concluded treaties concerning postal arrange- Union. ments, twenty-one States entered on October 9, 1874, at Berne, into a general postal convention for the purpose of creating a General Postal Union. This General turned into the Universal Postal Union through the Convention of Paris 2 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 1 See Martens, N.R.G., 2nd ser. I. p. 651. 2 See Martens, N.R.G., 2nd ser. III. p. 699.

VOL. I.

PP

Union.

last revision took place at the Congress of Washington, 1897, where on June 15 a new universal postal convention was signed by fifty States, but byand-by other States acceded, so that now more than sixty States are members of the Union. This Union possesses an International Office1 seated at Berne.2

4

Universal § 580. A general telegraphic convention was Telegraph already concluded at Paris on May 17, 1865, and in 1868 an International Telegraph Office was instituted at Berne. In time more and more States joined, and the basis of the Union is now the Convention of St. Petersburg of July 28, 1875, which has several times been amended, the last time at Berlin on September 17, 1885. 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.

Union

concern

ing Railway Trans

5

Concerning the general treaty of March 14, 1884, for the protection of submarine telegraph cables, see above, § 287.

§ 581. A general convention 7 was concluded on October 14, 1890, at Berne, concerning railway transports and freights. The parties-namely, ports and Austria, Belgium, France, Germany, Holland, Italy, Luxemburg, Russia, and Switzerland-form a Union for this purpose, although the term "Union" is not

Freights.

1 See above, § 465.

2 See Fischer, Post und Telegraphie im Weltverkehr (1879); Schröter, Der Weltpostverein (1900); Rolland, De la correspondance postale et télégraphique dans les relations internationales (1901).

3 See above, § 464. Fischer, Die Telegraphie und das Völker

recht (1876).

4 See Martens, N.R.G., 2nd ser. III. p. 614.

5 See Martens, N.R.G., 2nd ser. XII. p. 205.

6 See Martens, N.R.G., 2nd ser XI. p. 281.

7 See Martens, N.R.G., 2nd ser. XIX. p. 289.

made use of. The Union possesses an International Office1 at Berne.

tion

Metric

§ 582. A general convention 2 was concluded Convenon May 20, 1875, for the purpose of instituting an concernInternational Office of Weights and Measures at ing the Paris. The original parties were-Argentina, Austria- System Hungary, Belgium, Brazil, Denmark, France, Germany, Italy, Peru, Portugal, Russia, Spain, SwedenNorway, Switzerland, Turkey, the United States of America, and Venezuela. Great Britain, Japan, Mexico, Roumania, and Servia acceded later on.

Protection

Property.

§ 583. On March 20, 1883, the Convention of Union Paris was signed for the purpose of creating an of Indusinternational union for the Protection of Industrial trial Property. The original members were: Belgium, Brazil, France, Holland, Guatemala, Italy, Portugal, Salvador, Servia, Spain, and Switzerland. Great Britain, Japan, Ecuador, Mexico, the United States of America, Sweden-Norway, Germany, and Cuba acceded later on. This Union has an International Office at Berne. The object of the Union is the protection of patents, trade-marks, and the like; on April 14, 1891, at Madrid, it agreed to an arrangement concerning the registration of trademarks.6

§ 584. On September 9, 1886, the Convention of Union Berne 7 was was signed for the purpose of creating an

1 See above, § 470. Kaufmann, Die mitteleuropäischen Eisenbahnen und das internationale öffentliche Recht (1893); Rosenthal, Internationales Eisenbahnfrachtrecht (1894); Magne, Des raccordements internationaux de chemins de fer etc. (1901); Eger, Das internationale Uebereinkommen über den Eisenbahnfrachtverkehr (2nd ed. 1903).

2 See Martens, N.R.G., 2nd ser. I. p. 663.

Protection

of Works

of Literature and

3 See above, § 466.
4 See Martens, N.R.G., 2nd ser. Art.
X. p. 133.

5 See above, § 467.

6 See Martens, N.R.G., 2nd ser. XXII. p. 208. Pelletier et VidalNoguet, La convention d'Union pour la protection de la propriété industrielle du 20 mars 1883 et les conférences de révision postérieures (1902).

7 See Martens, N.R.G., 2nd ser. XII. p. 173.

Union for the Publication of Customs Tariffs.

Conven

cerning Private

international Union for the Protection of Works of Art and Literature. The Union has an International Office1 at Berne. The original members were: Great Britain, Belgium, France, Germany, Hayti, Italy, Liberia, Spain, Switzerland, and Tunis. Denmark, Japan, Luxemburg, Monaco, and Sweden-Norway acceded later on. An additional Act 2 to the convention was signed at Paris on May 4, 1896. To comply with the convention, Parliament passed in 1886 the "Act 3 to amend the law respecting international and colonial copyright."

§ 585. On July 5, 1890, the Convention of Brussels was signed for the purpose of creating an international Union for the Publication of Customs Tariffs.4 The Union has an International Office 5 at Brussels, which publishes the customs tariffs of the various States of the globe. The members of the Union are the following States: Great Britain, Argentina, Austria-Hungary, Belgium, Bolivia, Chili, the Congo Free State, Costa Rica, Denmark, France, Greece, Guatemala, Hayti, Holland, Italy, Mexico, Nicaragua, Paraguay, Peru, Portugal, Roumania, Russia, Salvador, Siam, Spain, Switzerland, Turkey, the United States of America, Uruguay, and Venezuela.

§ 586. On November 14, 1896, was signed the tions con- Convention of the Hague for the purpose of establishing uniform rules concerning several matters of the so-called Private International Law. The original parties were: Belgium, France, Holland, Italy, Luxemburg, Portugal, Spain, and Switzerland. Austria

Inter

national Law.

1 See above, § 467. Orelli, Der internationale Schutz des Urheberrechts (1887); Thomas, La conven. tion littéraire et artistique internationale etc. (1894).

2 See Martens, N.R.G., 2nd ser. XXIV. p. 758.

3

49 & 50

Vict. c. 33.

4 See Martens, N.R.G., 2nd ser. XVIII. p. 558.

5 See above, § 469.

* See Martens, N.R.G., 2nd ser. XXIII. p. 398.

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