They will communicate to each other through the Swiss Federal Council the measures taken with a view to such repression, not later than five years from the ratification of the present Convention.

GENERAL PROVISIONS

Art. XXIX. The present Convention shall be ratified as soon as possible. The ratifications will be deposited at Berne.

A record of the deposit of each act of ratification shall be prepared, of which a duly certified copy shall be sent, through diplomatic channels, to each of the contracting powers.

Art. XXX. The present Convention shall become operative, as to each power, six months after the date of deposit of its ratification.

Art. XXXI. The present Convention, when duly ratified, shall supersede the Convention of August 22, 1864, in the relations between the contracting states.

The Convention of 1864 remains in force in the relations between the parties who signed it but who may not also ratify the present Convention.

Art. XXXII. The present Convention may, until December 31, proximo, be signed by the powers represented at the Conference which opened at Geneva on June 11, 1906, as well as by the powers not represented at the Conference who have signed the Convention of 1864.

Such of these powers as shall not have signed the present Convention on or before December 31, 1906, will remain at liberty to accede to it after that date. They shall signify their adherence in a written notification addressed to the Swiss Federal Council, and communicated to all the contracting powers by the said Council.

Other powers may request to adhere in the same manner, but their request shall only be effective if, within the period of one year from its notification to the Federal Council, such Council has not been advised of any opposition on the part of any of the contracting powers.

Art. XXXIII. Each of the contracting parties shall have the right to denounce the present Convention. This denunciation shall only become operative one year after a notification in writing shall have been made to the Swiss Federal Council, which shall forthwith communicate such notification to all the other contracting parties.

This denunciation shall only become operative in respect to the power which has given it,

In faith whereof the plenipotentiaries have signed the present Convention and affixed their seals thereto.

Done at Geneva, the sixth day of July, one thousand nine hundred and six, in a single copy, which shall remain in the archives of the Swiss Confederation and certified copies of which shall be delivered to the contracting parties through diplomatic channels.

VU OF THE CONFERENCE

After the Convention had been agreed upon, the following væu, or expression of desire, was adopted by the delegates composing the Conference, and in the following form was submitted by them to their respective governments:

"With a view to reach as close an interpretation and application of the Convention as is possible, the Conference expresses the wish that the contracting powers submit to the Permanent Court at The Hague for adjustment such differences as may arise between them, in time of peace, in respect to the interpretation of the Convention."

An expression of desire, considerably broader in its scope, was submitted to the Conference by Mr. De Martens, one of the Delegates Plenipotentiary of Russia. As Mr. De Martens's proposition failed to receive sufficient support to warrant its adoption, a compromise suggested by Baron von Bülow, of Germany, was accepted by the Conference. The jurisdiction conferred upon the arbitral tribunal at The Hague by the Convention of July 29, 1889, is sufficiently broad to allow it to entertain questions of dispute growing out of the application of the Geneva Convention of 1906, so that from that point of view a conventional stipulation in furtherance of the arbitration agreement was unnecessary. It is not easy to see, as the Geneva Convention only becomes operative in time of war, what cases can arise in time of peace to which the terms of the Convention can properly apply.

APPENDIX B

THE DECLARATION OF PARIS

DECLARATION RESPECTING MARITIME LAW, SIGNED BY THE PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA, FRANCE, PRussia, RUSSIA, SARDINIA, AND TURKey, Assembled IN CONGRESS AT PARIS, APRIL 16, 1856

"The Plenipotentiaries who signed the Treaty of Paris of the 30th of March, 1856, assembled in conference,-Considering:

"That maritime law, in time of war, has long been the subject of deplorable disputes;

"That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts;

"That it is consequently advantageous to establish a uniform doctrine on so important a point;

"That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their governments are animated than by seeking to introduce into international relations fixed principles in this respect:

"The above-mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration :

"1. Privateering is, and remains abolished.

"2. The neutral flag covers enemy's goods, with the exception of contraband of war.

"3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.

66

'4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.

"The governments of the undersigned Plenipotentiaries engage to

bring the present Declaration to the knowledge of the states which have not taken part in the Congress of Paris, and to invite them to accede to it. "Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their governments to obtain the general adoption thereof will be crowned with full success.

"The present Declaration is not and shall not be binding, except between those Powers who have acceded, or shall accede, to it. "Done at Paris, April 16, 1856."

This Declaration of the six powers of the Paris conference was communicated to other states, and it was stated, in a memorandum of the French Minister of Foreign Affairs to the Emperor, dated June 12, 1858, that the following powers had signified their full allegiance to the four principles-viz., Baden, Bavaria, Bremen, Brazil, the Duchy of Brunswick, Chili, the Argentine Republic, the Germanic Confederation, Denmark, the two Sicilies, Ecuador, the Roman states, Greece, Guatemala, Hayti, Hamburg, Hanover, the two Hesses, Lubeck, Mecklenburg-Strelitz, Mecklenburg-Schwerin, Nassau, Oldenburg, Parma, the Netherlands, Peru, Portugal, Saxony, Saxe-Altenburg, Saxe-Coburg-Gotha, Saxe-Meiningen, Saxe-Weimar, Sweden, Switzerland, Tuscany, and Würtemberg. The executive government of Uruguay also gave its full assent to all the four principles, subject to the ratification of the legislature. Spain and Mexico adopted the last three as their own, but, on account of the first article, declined acceding to the entire Declaration. The United States adopted the second, third, and fourth propositions, independently of the first, offering, however, to adopt that also, with the following amendment, or additional clause, " and the private property of subjects or citizens of a belligerent on the high seas, shall be exempt from seizure by the public armed vessels of the other belligerent except it be contraband." The proposition thus extended has been accepted by Russia, and some other states have signified their approbation of it. There is reason to hope that all the maritime nations of Europe will eventually adopt the extension.' The reasons advanced by the United States for declining to accept the entire Declaration have been fully discussed elsewhere.'

III Halleck, p. 17.

Ante, p. 384. For a discussion of the principles of the Declaration in

the English Parliament, see For. Rel. of the United States, 1875, pp. 616631.

APPENDIX C

THE DECLARATION OF ST. PETERSBURG

In December, 1868, a conference of delegates, representing nineteen states, assembled at St. Petersburg, upon the invitation of the Russian Government, for the purpose of considering the existing rules of war. This body, which has become known as the International Military Commission, completed its labors on November 4-16 of the same year. As a result of its deliberations, the following Declaration was agreed to and signed by the duly authorized representatives of the states participating in the conference:'

"Considering that the progress of civilization should have the effect of alleviating as much as possible the calamities of war;

"That the only legitimate object which states should endeavor to accomplish during war is to weaken the military force of the

enemy;

"That for this purpose it is sufficient to disable the greatest possible number of men;

"That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men, or render their death inevitable;

"That the employment of such arms would, therefore, be contrary to the laws of humanity;

"The contracting parties engage mutually to renounce, in case of war among themselves, the employment, by their military or naval forces, of any projectile of less weight than four hundred grammes' which is explosive, or is charged with fulminating or inflammable substances.

Austria, Bavaria, Belgium, Denmark, France, Great Britain, Greece, Italy, the Netherlands, Persia, Portugal, Prussia, the North German Confedera

tion, Russia, Sweden, and Norway, Switzerland, Turkey, and Wurtem berg.

Fourteen ounces avoirdupois.