Gambar halaman
PDF
ePub

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 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. 665. 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.5

General laws regulating matters normally subject to international agreement often contain provisions authorizing the King to enter into treaties with foreign states

1 Lanckman's Traités de Commerce et de Navigation entre la Belgique et les Pays étrangers, p. 63.

"Ibid., p. 189.

"Ibid., p. 131.

4 Ibid., p. III. 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 important treaties of commerce concluded since 1890, in which this procedure was followed, ibid., pp. 146, 191, 206, 302, 415.

on condition of reciprocity, and to apply the law in execution of them. Treaties concluded on this authority, though otherwise subject to legislative action, are not submitted to the chambers. Such provisions may be found in the following laws: January 5, 1855, for the restitution of deserting seamen ;' March 15, 1874, for the extradition of criminals; April 1, 1879, for the protection of trade-marks; 3 November 27, 1891, for the return of indigents, and the special law of January 30, 1892, for the extension, on condition of reciprocity, of the mostfavored-nation treatment in matters of commerce, navigation and duties.

2

Of those that may burden the state, i. e., may impose financial obligations, the treaty of July 3, 1890, with the state of the Congo, relative to a loan to be made by Belgium, may be mentioned. The restriction on treaties affecting territorial jurisdiction includes such boundary agreements as necessitate an exchange of territory, such for instance as the conventions signed with France, March 15, 1893, and with the Netherlands, January 11, 1892. The union with the Congo being only personal, the treaties entered into by the King as sovereign of that state are in no way affected by this article of the Belgian constitution. As a permanently neutralized state under Article VII of the treaty concluded at London April 19, 1839, Belgium is not at liberty to enter into treaties which may lead to hostilities except in defense of her own frontiers, or which may otherwise 'Art. II. Ibid., vol. ii, p. 464.

'Arts. I and VI. Ibid., vol. i, pp. 575, 578. Moore, Extradition, vol. i, pp. 705, 708.

'Art. XIX. Busschère, Code de Traités, etc., vol. ii, p. 481. 'Art. XXVIII. Ibid., vol. ii, p. 440.

Ibid., vol. ii, p. 456.

Ibid., vol. i, pp. 290, 291. 7 Ibid., vol. i, pp. 174, 264. See note.

compromise her neutrality. Thus in the treaty of May II, 1867, signed by Belgium and most of the other states of Europe, declaring the neutralization of Luxemburg, Belgium, as "a neutral state," is specifically excepted from the duty, incurred in Article II, of guaranteeing this neutrality.'

THE NETHERLANDS

Article LIX of the constitution of the Netherlands, as revised in 1887, provides that the King shall make and ratify all treaties concluded with foreign powers, communicating the purport of them to the two chambers of the States-General when he thinks the interest of the state permits. Treaties that provide for a change of territory of the state, that impose on the kingdom pecuniary obligations, or that contain any other provision concerning legal rights (droits légaux) may be ratified by the King only after the approval of the StatesGeneral,

The limitation as to treaties providing for a change of the territory of the state has been applied to those affecting colonial possessions. This construction is in conformity with the express provisions of Article LVII of the original constitution of 1848. In the conventions signed November 29, 1888, with France, submitting to arbitration the disputed boundary between Dutch and French Guiana; June 20, 1891, with Great Britain, determining boundaries in the island of Borneo; and May 16,

'Busschère, Code de Traités, etc., vol. i, p. 63. Luxemburg-Art. XXXVII of the constitution of Luxemburg (1868) is similar in wording to Art. LXVIII of the constitution of Belgium. A clause is added which requires in general the approval of the legislative branch of all treaties bearing upon a matter which can be regulated only by a law. Brit. and For. State Papers, vol. lviii, p. 253.

'Tripels, Code Politique des Pays-Bas, p. 10.

1895, with Great Britain, defining boundaries between possessions on the island of New Guinea, clauses were inserted making the ratification dependent upon the approval of the States-General.'

Included by practice under treaties imposing a pecuniary obligation, are not only those that expressly stipulate for a payment, but also those of which an expenditure is a necessary or implied consequence. Such, for instance, are the conventions with Belgium for the improvement of international canals," and the convention with Great Britain of May 16, 1895, submitting to arbitration the "Costa Rica Packet" dispute.3 dispute. Under treaties "which contain any other provision concerning legal rights" (“qui contiennent quelque autre disposition concernant des droits légaux"), there are included, according to Professor L. de Hartog, those that touch upon such subjects as may be regulated only by means of legislation. It is specifically provided in the constitution that foreigners may be naturalized only by law; that the admission and expulsion of foreigners, and the conditions on which treaties of extradition with foreign powers may be concluded, are to be regulated by law; and that no impost or revenue can be established but by law." Extradition is regulated by the general law of April 6, 1875, as modified by the law of April 15, 1886.8 Treaties

1 Arts. III, VIII and VI respectively. Lagemans' Recueil des Traités et Conventions conclus par le Royaume des Pays-Bas, vol. x, pp. 95, 356; vol. xii, p. 186.

Ibid., vol. xiii, p. 518.

Ibid., vol. viii, p. 204. 'Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, part 1, division 4, p. 83.

'Art. VI.

'Art. IV.

'Art. CLXXIV.

Moore, Extradition, vol. i, p. 791. Tripels, Code Politique, p. 194. See naturalization law of Dec. 12, 1892, Brit. and For. State Papers, vol. lxxxiv, p. 663.

« SebelumnyaLanjutkan »