ITALY. 1912, 1913. SOVEREIGNTY OVER LIBYA.-RELINQUISHMENT OF EXTRATERRITORIAL RIGHTS. Diplomatic notes dated Washington October 30, 1912, and February 28, 1913. File No. 765.003. (Foreign Relations, 1913, p. 608, 609.) The Italian Chargé d'Affaires to the Secretary of State. No. 1704.] [Translation.] ITALIAN EMBASSY, Washington, October 30, 1912. MR. SECRETARY OF STATE: In accordance with the telegraphic instructions that I have received from his excellency the Minister for Foreign Affairs, I have the honor to inform your excellency that in consequence of the recognition by the foreign powers of our sovereignty over Tripolitania and Cyrenaica, the special régime formerly enjoyed by foreigners in those territories, by virtue of the Capitulations of the Ottoman Empire, has ended, in conformity with universally accepted principles of international law. The necessary instructions have consequently been issued to the Royal authorities in Libya for the application to foreigners, from November 1, of the dispositions of the general law, with the reservation of providing for the settlement of all pending questions by eventual accords and further dispositions. Begging your excellency kindly to acknowledge this communication, I have [etc.] File No. 765.003. G. CATALANI. The Secretary of State to the Italian Chargé d'Affaires. No. 380.] DEPARTMENT OF STATE, Washington, February 28, 1913. SIR: I have the honor to acknowledge the receipt of the note (No. 1704) of October 30, 1912, by which, under instruction from your Government, you informed me that in view of the cessation of the special régime formerly enjoyed by foreigners in Tripolitania and Cyrenaica by virtue of the Capitulations of the Ottoman Empire, the necessary instructions had been issued to the Royal authorities in Libya in order that, from November 1st, 1912, the dispositions of the general law should be forthwith applied to foreigners, under the reserve of providing for the settlement of all pending questions by eventual accords and further dispositions. In taking note of this communication, I have the honor to inform you that the appropriate diplomatic and consular representatives of this Government have now been instructed1 to conform to the legal situation thus established in Libya. I take this occasion further to inform you that the American Consulate at Tripoli will henceforth be administered as subordinate to the Consulate General at Genoa, under the supervision of the American Embassy at Rome. It is assumed that it will not be necessary to make application for a new exequatur for the Consul who has been exercising his functions at Tripoli since before the occupation of Libya by the Italian forces. Accept [etc.] P. C. KNOX. 1913. TREATY AMENDING ARTICLE III OF THE TREATY OF COMMERCE AND NAVIGATION OF FEBRUARY 26, 1871. Signed at Washington February 25, 1913; ratification advised_by the Senate February 26, 1913; ratified by the President March 1, 1913; ratified by Italy June 21, 1913; ratifications exchanged at Washington July 3, 1913; proclaimed July 3, 1913. (Treaty Series, No. 580; 38 Statutes at Large, 1669.) ARTICLES. I. Replaces Art. III of treaty of 1871. | II. Ratification; effect. The United States of America and His Majesty the King of Italy, desiring to define more accurately the rights of their respective citizens in the territories of the other, have for that purpose determined to conclude a treaty amendatory of Article III of the Treaty of Commerce and Navigation of February 26, 1871, between the two countries and have named as their respective Plenipotentiaries: The President of the United States of America: Philander C. Knox, Secretary of State of the United States of America; His Majesty the King of Italy: The Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., etc., His Ambassador Extraordinary and Plenipotentiary at Washington: And the said Plenipotentiaries having exhibited, each to the other, their full powers, found to be in good and due form, have concluded and signed the following articles: ARTICLE I. It is agreed between the High Contracting Parties that the first paragraph of Article III of the Treaty of Commerce and Navi 1 By telegrams of February 27; not printed. gation of February 26, 1871,1 between the United States and Italy shall be replaced by the following provision: The citizens of each of the High Contracting Parties shall receive in the States and Territories of the other the most constant security and protection for their persons and property and for their rights, including that form of protection granted by any State or national law which establishes a civil responsibility for injuries or for death caused by negligence or fault and gives to relatives or heirs of the injured party a right of action, which right shall not be restricted on account of the nationality of said relatives or heirs; and shall enjoy in this respect the same rights and privileges as are or shall be granted to nationals, provided that they submit themselves to the conditions imposed on the latter. ARTICLE II. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Italy, in accordance with the constitutional forms of that Kingdom, and shall go into operation upon the exchange of the ratifications thereof, which shall be effected at Washington as soon as practicable. In faith whereof the Plenipotentiaries of the High Contracting Parties have signed the present Treaty in duplicate in the English and Italian languages, and have affixed thereto their respective seals. Done at Washington this 25th day of February in the year of our Lord one thousand nine hundred and thirteen. [SEAL] [SEAL] PHILANDER C KNOX 1913. AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVEN TION OF MARCH 28, 1908. Signed at Washington May 28, 1913; ratification advised by the Senate February 21, 1914; ratified by the President April 13, 1914; ratified by Italy March 12, 1914; ratifications exchanged at Washington April 13, 1914; proclaimed April 15, 1914. (Treaty Series, No. 588; 38 Statutes at Large, 1769.) ARTICLES. I. Extends 1908 convention five years. | II. Ratification; effect. The Government of the United States of America and the Government of His Majesty the King of Italy, being desirous of extending the period of five years during which the Arbitration Convention concluded between them on March 28, 1908, is to remain in force, which period is about to expire, have authorized the un 1 For text see Vol. I, p. 970. dersigned, to wit: the Honorable William Jennings Bryan, Secretary of State of the United States, and His Excellency The Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., etc., His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington, to conclude the following agreement: ARTICLE I. The Convention of Arbitration of March 28, 1908,1 between the Government of the United States of America and the Government of His Majesty the King of Italy, the duration of which by Article III thereof was from the date of the exchange of ratifications of said Convention, which period will terminate on January 22, 1914, is hereby extended and continued in force for a further period of five years from January 22, 1914. ARTICLE II. The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Government of His Majesty the King of Italy, in accordance with its Constitution and laws, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. Done in duplicate, in the English and Italian languages, at Washington this twenty-eighth day of May, one thousand nine hundred and thirteen. [SEAL.] [SEAL.] WILLIAM JENNINGS BRYAN 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington May 5, 1914; ratification advised by the Senate August 13, 1914; ratified by the President March 17, 1915; ratified by Italy November 29, 1914; ratifications exchanged at Washington March 19, 1915; proclaimed March 24, 1915. (Treaty Series, No. 615; 39 Statutes at Large, 1618.) ARTICLES. I. All disputes not composed by diplomacy or arbitration to be reported upon by commission before opening hostilities. II. Composition, compensation of commissioners. III. Reference to commission; aid to be given; procedure; time and effect of report. IV. Ratification; duration. The President of the United States of America and His Majesty the King of Italy, being desirous to strengthen the bonds of amity that bind the two countries, and also to advance the cause of general peace, have resolved to enter into a treaty for those purposes, and to that end have appointed as their Plenipotentiaries: The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State; and His Majesty the King of Italy, His Excellency the Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., His Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I. The High Contracting Parties engage to submit for investigation and report to a Commission, to be constituted according to the provisions of the following Article, all differences of whatever nature they may be which may occur between them which can not be composed by diplomatic methods or are not submitted to a tribunal of arbitration; they bind themselves not to declare war nor to open hostilities during the examination by the Commission and before the Commission has presented its report. ARTICLE II. The International Commission shall be composed of five members appointed according to the following rules: Each country, by means of its Government, chooses two members, one from among its own subjects, the other from among those of a third State; the two Governments, after agreement, will name the fifth member, on condition, however, that he be not a citizen of either of these two countries. Each Commissioner shall hold his place during a term of four years; at the expiration of this term, or in the event of vacancy, the confirmation or the substitution of the Commissioner whose term may have expired or whose place may be vacant shall be made in the same manner. Each of the High Contracting Parties shall have the right, before the investigation has begun, to substitute for one of the members of the Commission appointed by it another one chosen from the category to which the Commissioner to be replaced belonged. When the Commissioners be actually occupied in the examination of a question they shall receive a compensation which will be mutually agreed upon by the High Contracting Parties. The expenses of the Commission shall be borne by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty. ARTICLE III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods or by means of a tribunal of arbitration, it shall at once be referred, either by common agreement or by one or the other party, to the International Commission for investigation and report. |