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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.
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 Trailds, etc., vol. ii, p. 481. • Art. XXVIII. Ibid., vol. ii, p. 440.
• Ibid., vol. ii, p. 456. • Ibid., vol. I, pp. 290, 291. * 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 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;s 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
· 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. viii, p. 204.
* Ibid., vol. xiii, p. 518. • 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. Ixxxiv, p. 663.
concluded in conformity with this act (and it specifically provides that no treaty shall be otherwise entered into) require no action on the part of the legislature for their execution, and are accordingly not submitted for approval. Of the more recent extradition treaties concluded and made effective without submission to the States-General are those signed May 31, 1889, with Belgium; November 4, 1893, with Russia; October 29, 1894, with Spain; December 31, 1896, with Germany; March 28, 1897, with Italy; and May 19, 1894, with Portugal. The convention of March 20, 1883, for the protection of industrial property, which contained "provisions concerning legal rights," was approved by the law of April 23, 1884.' As illustrative of commercial treaties receiving legislative approval may be noted those signed July 12, 1892, with Spain; 3 April 9, 1895, with the Orange Free State ;* and September 8, 1896, with Japan.s
Article V of the Fundamental Statute promulgated for Sardinia, March 4, 1848, and subsequently extended to the various parts of the present kingdom, provides : “To the King alone belongs the executive power. He declares war;
makes treaties of peace, alliance, commerce, and other treaties, communicating them to the chambers as soon as the interest and safety of the
'Lagemans' Recueil des Traités, vol. x, p. 118; vol. xii, pp. 64, 154; vol. xiii, pp. 230, 294; vol. xii, p. 107; vol. xiii, p. 512.
* Tripels, Code Politique, p. 238. 'Approved by law of July 24, 1893. Exchange of ratifications Dec. 11. * Approved by law of April 9, 1897. Exchange of ratifications June 26.
Approved by law of May 2, 1897. Exchange of ratifications Aug. 20. Lagemans' Recueil des Traités, vol. xii, p. 346; vol. xiii, pp. 214,
state permit, accompanying such notice with opportune explanations; provided that treaties involving financial obligations or change of state territory shall not take effect until they have received the consent of the chambers.'
According to a strict construction of this article, the two specified classes of treaties alone would require the consent of the chambers to make them effective. Treaties of commerce, since they are specified among those within the competency of the King to make, and are omitted in the clause that closely follows specifying those for which the consent of the chambers is necessary, would logically be excluded from this category unless considered to involve the finances of the state. In practice, however, treaties of commerce, as well as all treaties touching upon matters legally belonging to parliament, are submitted to that body prior to their ratification.' Its approval is given by a law authorizing the carrying into effect of the treaty, passed prior to the ratification, but not usually sanctioned by the King until the exchange of ratifications, which frequently takes place on the same day. This was the case with respect to the important treaties of commerce concluded March 22, 1883, with Switzerland ; May 4, 1883, with Germany; June 15, 1883, with Great Britain; December 6, 1891, with AustriaHungary and Germany; April 19, 1892, with Switzerland; and December 1, 1894, with Japan. A provisional
'Annals of the American Academy of Political and Social Science, vol. v, supplement p. 27. See Italian text, Lowell, Governments and Politics in Continental Europe, vol. ii, p. 347.
• Prof. Brusa of the University of Turin, Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, pt. 1, div. 7, p. 490.
* Trattati e Convenzioni fra il Regno d'Italia e gli altri Stati, vol. ix, pp. 200, 231, 273. Raccolta Ufficiale delle Leggi e dei Decreti del Regno d'Italia, 1892, pp. 46, 1639; 1895, p. 3030.