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Spain, Italy, Luxemburg, Netherlands, Portugal and Switzerland, signed at The Hague, November 14, 1896, designed to establish common rules concerning many matters of private international law and civil procedure;' the convention for the protection of industrial property signed at Paris, March 20, 1883, and the international copyright convention signed at Berne, September 9, 1886, together with the additional act of May 4, 1896.3 Agreements for the reciprocal protection of trade-marks are regularly submitted for legislative approval. If for their execution no modification of existing legislation is required, agreements of this character have occasionally not been submitted.5
Of treaties affecting French territorial jurisdiction and accordingly submitted for legislative approval, the following may serve to indicate their varied character: the treaty of August 10, 1877, with Sweden, for the retrocession to France of the island of St. Bartholomew ;6 the agreement of June 29, 1880, with the king of the Society Islands, by which the complete sovereignty over these islands passed to France;? and the convention of May 12, 1881, by which Tunis placed itself under the protectorate influence of France.8 Madagascar was
'De Clercq's Recueil des Traités, vol. xx, p. 642. * Ibid., vol. xiv, p. 203. * Ibid., vol. xvii, p. 253; vol. xx, p. 398. * See for instances, ibid., vol. xx, pp. 335, 430; vol. xxi, pp. 632, 774.
• See for instances, ibid., vol. xii, pp. 541, 545. Art. VI of the trademark law of June 23, 1857, as modified by the law of Nov. 26, 1873, provides that foreigners may enjoy the benefits of the law, if in the country in which they are residing reciprocity for French marks has been established by diplomatic convention or law. Sen. Doc. 20, p. 364. 56th Cong. 2nd Sess.
De Clercq's Recueil des Traités, vol. xii, pp. 35, 40. ' Ibid., vol. xii, pp. 571, 624.
8 Ibid., vol. xiii, p. 25.
made a French colony by a law of August 6, 1896, accepting the act of the queen of that island making the cession. Likewise, a law of March 19, 1898, declared the Leeward Islands of the Tahiti group to be an integral part of the colonial domain of France.' Numerous treaties made with the less important African tribes, in which French sovereignty has been recognized, have not been submitted to the chanibers for approval. A decree of August 1, 1895, issued upon the authority of the ministers of the colonies and of foreign affairs, ratified fourteen different treaties of this character concluded by army officers and other agents between December 21, 1894, and March 12, 1895. Such agreements, however, can hardly be classed as treaties by which territory is acquired, since they cannot be exhibited alone as international titles, but must be accompanied by the establishment of authority sufficient to protect existing rights. Agreements for the adjustment of boundaries, such as were concluded March 15, 1893, and April 4, 1900, with Belgium, in each of which there was an actual exchange of small portions of territory, require legislative approval. So also boundary agreements relative to colonial possessions are usually ratified on the authority of a law. Of these, the agreements with Germany of December 24, 1885, March 15, 1894, and July 23, 1897;s with the Congo of August 14, 1894;" with
'De Clercq's Recueil des Traités, vol. xx, p. 585; vol. xxi, p. 349. * Ibid., vol. xx, p. 297.
See similar decree of Mar. I, 1895, ibid., p. 217.
• See Art. XXXV of the treaty of Berlin signed Feb. 26, 1885. Brit. and For. State Papers, vol. lxxvi, p. 19.
•De Clercq's Recueil des Traités, vol. xx, pp. 16, 21; vol. xxi, p. 646. *Ibid., vol. xv, p. 927; vol. xx, P. 117; vol. xxi, p. 281. Ibid., vol. xx, p. 165.
Spain of June 27, 1900;' and with Great Britain of June 14, 1898,” for the determination and settlement of boundaries between possessions in Africa, may be noted. Likewise, the convention of November 29, 1888, and of April 10, 1897, with the Netherlands and Brazil, respectively, by which the determination of the boundaries of French Guiana was referred to arbitration, were submitted for approval.3 The agreement with Great Britain signed August 10, 1889, relative to boundaries between French and British possessions on the west coast of Africa, was ratified on executive authority, and may be noted as an exception..
Treaties not included under one of the heads enumerated in Article VIII of the Constitutional Law do not require legislative approbation. A classification of these is quite impossible, but the following may serve to illustrate their varied character: The general treaty signed at Berlin July 13, 1878, for the settlement of affairs in the East; the treaties of May 24, 1881, and March 10, 1883, with the same powers, rectifying the Turko-Grecian frontiers, and relative to the navigation of the Danube;s the treaty signed at Constantinople October 29, 1888, for the neutralization of the Suez Canal; 6 the international sanitary convention signed at Dresden April 15, 1893;? the agreement reached with Great Britain by exchange of declarations at London August 5, 1890, by which the French government engaged to recognize the British protectorate over the islands of Zanzibar and Pemba, and the British government to recognize the French protec
'De Clercq's Recueil des Traités, vol. xxi, p. 660. ' Ibid., vol. xxi, p. 386. * Ibid., vol. xviii, p. 155; vol. xxi, p. 51. • Ibid., vol. xviii, p. 289. *Ibid., vol. xiii, p. 32; vol. xiv, p. 178. • Ibid., vol. xviii, p. 144. ' Ibid., vol. xx, p. 27.
torate over the island of Madagascar and a French influence over certain portions of Africa;' and the declaration signed with Great Britain January 15, 1896, mutually limiting their respective spheres of influence in the region of Siam.'
BELGIUM By Article LXVIII of the Belgian constitution (1831), the King makes treaties of peace, alliance and commerce, reporting to the chambers as soon as the interest and safety of the state permit. Treaties of commerce and those that may burden the state or bind Belgians individually have effect only after having received the assent of the chambers. No cession, no exchange, no addition of territory may take place except by virtue of a law. In no case may secret articles be destructive of the open.3
The approval of the chambers is given by a law authorizing the execution of the treaty, and in practice precedes the exchange of ratifications. The law does not expressly authorize the ratification, but provides that the treaty shall be given full effect. While the function of the chambers is primarily to give effect to the treaty, its action preceding the ratification expresses an approval of the treaty. The law being of this nature, it was the earlier practice of the King to withhold his sanction to it until the exchange of ratifications of the treaty had been perfected, the date of the law thus following that act. The exchange of ratifications of the treaty of com
De Clercq's Recueil des Traités, vol. xviii, p. 578. * Ibid., vol. xx, p. 361.
'J. B. Lanckman, Code des Relations extérieures de la Belgique, p. 565. Brit. and For. State Papers, vol. xviii, p. 1058; vol. lxxxv, p. 783.
"" Sortira son plein et entier effet."
merce with China, signed November 2, 1865, took place at Shanghai, October 27, 1866, while the law by which the chambers expressed approval is dated January 3, 1867. The law, however, was adopted by the Chamber of Representatives February 25, 1866, and by the Senate March 6, 1866.” Ratifications of the treaty of commerce with Great Britain, signed July 23, 1862, were exchanged August 30, the approbatory law of August 31 having been passed by the Chamber of Representatives August 13 and by the Senate August 21;' those of the treaty of commerce with the United States, signed March 8, 1875, were exchanged June 11, the law of June 14, approving it having been adopted by the Chamber of Representatives June 1 and by the Senate June 3;3 those of the treaty of commerce with Spain, signed May 4, 1878, were exchanged July 23, the approbatory law of July 25 having been adopted by the Chamber of Representatives May 16 and by the Senate May 19, 1878. With respect to the more recent treaties of commerce, as for instance those concluded May 25, 1895, with Greece, June 7, 1895, with Mexico, and June 22, 1896, with Japan, the laws have been sanctioned by the king prior to the exchange of ratifications.
General laws regulating matters normally subject to international agreement often contain provisions authorizing the King to enter into treaties with foreign states
* Lanckman's Traités de Commerce et de Navigation entre la Belgique et les Pays étrangers, p. 63. *Ibid., p. 189.
* Ibid., p. 131. See also ibid., pp. 9, 21, 51, 267, 295, 318. • Busschere, Code de Traités et Arrangements internationaux intéressant la Belgique, vol. ii, pp. 241, 289, 270, 581. See for other iniportant treaties of commerce concluded since 1890, in which this procedure was followed, ibid., pp. 146, 191, 206, 302, 415.