Imágenes de páginas
PDF
EPUB

The causes of suspension and interruption of this period shall be determined by the law of the court trying the case.

The High Contracting Parties reserve the right to admit in their legislations, as extending the period fixed above, the fact that the assisted or saved vessel could not be seized in the territorial waters of the nation in which the plaintiff has his domicile or his headquarters.

ARTICLE 11.

Every master shall be obliged, as far as he can do so without serious danger to his vessel, his crew, or his passengers, to lend assistance to any person, even an enemy, found at sea in danger of perishing.

The owner of the vessel shall not be liable for violations of the foregoing provision.

ARTICLE 12.

The High Contracting Parties whose legislation does not provide a penalty for violations of the foregoing article undertake to adopt or propose to their respective legislatures the necessary measures in order to punish such violations.

The High Contracting Parties shall communicate to one another, as soon as possible, any laws or regulations which may have already been or which may be enacted in their nations for the enforcement of the foregoing provision.

ARTICLE 13.

The present convention shall not affect the provisions of national laws or international treaties regarding the organization of services of assistance and salvage by the public authorities or under their supervision, and especially regarding the salvage of fishing tackle.

ARTICLE 14.

The present convention shall not be applicable to war vessels and to government vessels exclusively devoted to a public service.

ARTICLE 15.

The provisions of the present convention shall be applicable with respect to all the interested parties when either the assisting or rescuing vessel or the assisted or rescued vessel belongs to one of the contracting nations, as well as in other cases provided for in the national laws.

It is understood, however:

1. That, with respect to interested parties who are citizens or subjects of a non-contracting nation, the application of said provisions may be made subject by each of the contracting nations to the conditions of reciprocity.

2. That, when all the interested parties are citizens or subjects of the same nation as the court trying the case, the national law and not this convention shall be applicable.

3. That, wihout prejudice to more extensive provisions of national laws, Article 11 shall only be applicable between vessels belonging to citizens or subjects of the contracting nations.

ARTICLE 16.

The Delegates of the High Contracting Parties shall meet at Brussels, three years after the present convention goes into force, for the purpose of examining what improvements can be made therein and especially of extending its sphere of application if possible.

ARTICLE 17.

Nations which have not signed this convention shall be permitted to adhere to it on request. Notice of such adhesion shall be given through diplomatic channels to the Belgian Government, and, by the latter, to each of the governments of the other contracting parties. It shall take effect one month after the notice given by the Belgian Government has been sent.

ARTICLE 18.

The present convention shall be ratified and the ratifications thereof shall be deposited at Brussels as soon as possible. At the expiration of a period of one year at most, counting from the date of signature of this. convention, the Belgian Government shall enter into communication with the governments of the High Contracting Parties who have declared their readiness to ratify it, for the purpose of having the question decided whether there is occasion for putting it in force.

If so decided, the ratifications shall be deposited immediately and the convention shall take effect one month after such deposit. The protocol shall remain open one year longer to the nations represented at the Brussels conference. At the end of this period they shall only be allowed to adhere thereto in accordance with the provisions of Article 17.

ARTICLE 19.

In case one or another of the High Contracting Parties should denounce the present convention, such denunciation shall not take effect until one year after the date on which notice thereof has been given to the Belgian Government, and the convention shall remain in force among the other contracting parties.

In witness whereof, the Plenipotentiaries of the High Contracting Parties have signed the present convention and affixed thereto their seals. Done at Brussels, in a single copy, the ...

The foregoing text was adopted at a session of the Brussels Conference held on October 5, 1909.

Certified to by the President of the Conference:

[blocks in formation]

N. B. The Delegations of the following-mentioned countries have declared their readiness to sign the foregoing text ad referendum, provided it is signed by the other governments represented at the Conference: Germany, Argentine Republic, Austria, Hungary, Belgium, Brazil, Chile, Cuba, Denmark, Spain, United States of America, France, Great Britain, Greece, Italy, Japan, Mexico, Nicaragua, Norway, Netherlands, Portugal, Roumania, Russia, Sweden.

CHINESE-JAPANESE AGREEMENTS.

September 4, 1909.

The Manchurian Agreement.

The Imperial Government of Japan and the Imperial Government of China, actuated by the desire to consolidate relations of amity and good neighborhood between the two countries by settling definitely matters of common concern in Manchuria and by removing for the future all cause of misunderstanding, have agreed upon the following stipulations:

Article I. The Government of China engages that in the event of its undertaking to construct railway between Hsin-min-tun and Fa-kuman, it shall arrange previously with the Government of Japan.

[ocr errors]

Article II. The Government of China recognizes that the railway between Tashichao and Yingkow is a branch line of the South Man

churian Railway, and it is agreed that the said branch line shall be delivered up to China simultaneously with the South Manchurian Railway upon expiration of the term of concession for that main line. The Chinese Government further agrees to the extension of the said branch line to the port of Yingkow.

Article III. In regard to coal mines of Fushun and Yuentai, the Governments of Japan and China are agreed as follows:

A. The Chinese Government recognizes right of the Japanese Government to work the said coal mines.

B. The Japanese Government, respecting the full sovereignty of China, engages to pay to the Chinese Government tax on coals produced in those mines. Rate of such tax shall be separately arranged on the basis of the lowest tariff for coals produced in any other places of China.

C. The Chinese Government agrees that, in the matter of exportation of coals produced in the said mines, the lowest tariff of export duty for coals of any other mines shall be applied.

D. The extent of the said coal mines as well as all the detailed regulations shall be separately arranged by commissioners specially appointed for that purpose.

Article IV. All mines along the Antung-Mukden Railway and the main line of the South Manchurian Railway, excepting those at Fushun and Yuentai, shall be exploited as joint enterprises of Japanese and Chinese subjects upon the general principles which the Viceroy of Eastern Three Provinces and the Governor of Shingking Province agreed upon with the Japanese Consul-General in 1907, corresponding to the 33rd year of Kuanghsu. Detailed regulations in respect to such mines shall in due course be arranged by the Viceroy and the Governor with the Japanese Consul-General.

Article V.The Government of Japan declares that it has no objection to extension of Peking-Mukden Railway to the city wall of Mukden. Practical measures for such extension shall be adjusted and determined by the local Japanese and Chinese authorities and technical experts.

In witness whereof the undersigned, duly authorized by their respective Governments, have signed and sealed the present agreement in duplicate in the Japanese and Chinese languages.

The Korean Boundary Agreement.

The Imperial Government of Japan and the Imperial Government of China, desiring to secure for Chinese and Korean inhabitants in the frontier region blessings of permanent peace and tranquillity, and considering it essential in the attainment of such desire that the two Governments should, in view of their relations of cordial friendship and good neighborhood, recognize the river Tumen as forming the boundary between China and Korea and should adjust all matters relating thereto in a spirit of mutual accommodation, have agreed upon the following stipulations:

Article I. The Governments of Japan and China declare that the river Tumen is recognized as forming the boundary between China and Korea, and that, in the region of the source of that river, the boundary line shall start from the boundary monument and thence follow the course of the stream Shih-Yi-Shwei.

[ocr errors]

Article II. - The Government of China shall, as soon as possible after the signing of the present agreement, open the following places to the residence and trade of foreigners, and the Government of Japan may there establish Consulates or branch offices of Consulates. The date of opening of such places shall be separately determined: Lung-Chingtsun, Chutsz-Chie, Tou-tao-kou, Pai-Tsao-kou.

Article III. The Government of China recognizes the residence of Korean people as heretofore on the agricultural lands lying north of the river Tumen. The limit of the district for such residence is shown in the annexed map.1

Article IV. The Korean people residing on the agricultural lands within the mixed residence district to the north of the river Tumen shall submit to the laws of China and shall be amenable to jurisdiction of the Chinese local officials. Such Korean people shall be accorded by the Chinese authorities the equal treatment with Chinese subjects, and similarly in the matter of taxation and all other administrative measures they shall be placed on the equal footing with Chinese subjects. All cases, whether civil or criminal, relating to such Korean people shall be heard and decided by the Chinese authorities in accordance with the laws. of China and in just and equitable manner. A Japanese Consular officer or an official duly authorized by him shall be allowed freely to attend the Court, and, in the hearing of important cases concerning lives of persons,

1 Omitted.

« AnteriorContinuar »