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 ITALY 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. 'Approved by law of April 9, 1897. 'Approved by law of May 2, 1897. 20. Lagemans' Recueil des Traités, vol. xii, p. 346; vol. xiii, pp. 214, Exchange of ratifications Dec. 11. 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.3 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. agreement with Spain, reached by exchange of notes June 29, 1892, extending on the part of the Italian government to Spanish products the advantages of the conventional tariff contained in the treaties with AustriaHungary, Germany and Switzerland, and on the part of the Spanish government, to Italian products the minimum tariff, was authorized by the special law of June 28, the day preceding the exchange of notes.' The reciprocity convention with the United States, signed February 8, 1900, expressly provided that it should be approved by the Italian Parliament. Approval was given by the law of July 12; and the agreement became effective July 18. In the United States it was made effective by executive proclamation by virtue of section 3 of the tariff act of July 24, 1897.' The class of commercial treaties submitted to the chambers for approval does not include purely consular conventions. Thus on September 28, 1896, separate treaties were signed with Tunis through the government of France, one relative to commercial intercourse, and another defining the duties and privileges of consuls. The former was approved by the law of January 28, 1897, while the latter was ratified and put into force by by a royal decree.3 Extradition conventions are likewise not submitted to Parliament for approval. The important modification of territorial limits stipulated for in the treaty of Turin of March 24, 1860the cession to France of Nice and Savoy-received the approval of the Italian Parliament. Of the various boundary agreements with Switzerland, the less import 1Brit, and For. State Papers, vol. lxxxiv, p. 1318. 'Trattati e Convenzioni, vol. xvi, p. 162. 3 Ibid., vol. xiv, pp. 314, 337 'See Art. VII. ant ones have been made and ratified on executive authority. The limitation has also not been construed as applying to changes of colonial boundaries or to the acquisition or relinquishment of protectorate influences. Of these may be noted the treaties of May 2, 1889, and October 26, 1896, with the king of Abyssinia. By the former favorable boundaries and a protectorate influence were acquired,' by the latter, yielded.' Laws were passed for the execution of the postalunion conventions signed at Vienna, July 4, 1891, and at Washington, June 15, 1897.3 The act additional to the Paris convention of March 20, 1883, for the protection of industrial property, signed at Brussels, December 14, 1900; and the act additional to the Madrid agreement of April 14, 1891, signed at Brussels, December 14, 1900, were both approved by laws of December 12, 1901, prior to the exchange of ratifications, June 14, 1902. Special conventions upon these subjects, which do not for their execution require a modification of the existing laws, require no action on the part of Parliament. The telegraphic convention signed at Budapest, July 22, 1896, was ratified and promulgated by decree without special legislative approval." The convention signed, March 18, 1885, with the leading powers of Europe guaranteeing an Egyptian loan, 'Art. XVII. Hertslet's Map of Africa Papers, vol. lxxxviii, p. 481. 'Leggi, etc., 1892, p. 1805. Ibid., vol. xvi, p. 204. by Treaty, p. 12. Brit. and For. State Trattati e Convenzioni, vol. xiv, p. 356. Trattati e Convenzioni, vol. xv. p. 128. The special postal agreements signed July 11, 1896, with Great Britain; Mar. 23, 1898, with Tunis; Apr. 26, 1898, with Costa Rica, and Oct. 18, 1898, with Montenegro, were not approved by Parliament. Ibid., vol. xiv, p. 172; vol. xv, pp. 386, 390, 430. Ibid., vol. xiv, p. 269. while not specifically stipulating for a payment of money, involved a possible pecuniary obligation. The consent of Parliament was given by a law of November 25, 1886, which authorized the King to give effect to the convention in conjunction with the other contracting powers in so far as there might arise eventually any charges upon the treasury.' The claims convention signed with Chile, December 7, 1882, providing for the settlement of claims of Italian subjects against the Chilian government, did not require legislative sanction." There remains within the competency of the King the conclusion of all the so-called political conventions. Of these, especially to be noted are the treaties of alliance. While the clause requiring the concurrence of Parliament in treaties involving financial obligations has received so comprehensive a construction, the King through his power to conclude treaties of alliance may incur the most onerous obligations of that character. It would be impossible to find in the list of treaties four others that have entailed greater financial burdens than the alliances entered into in 1855 against Russia, in 1858 with France against Austria, in 1866 with Prussia against Austria, and in 1882 with Germany and Austria-the Triple AlliThe expense of a war was an immediate consequence of each of the first three, and a burden hardly less great has resulted from the fourth. ance. GERMANY Article XI of the constitution of 1871 provides that the Emperor has the power to represent the Empire internationally, to enter into alliances and other treaties with foreign powers; but so far as treaties with foreign 'Brit. and For. State Papers, vol. lxxvii, p. 817. Trattati e Convenzioni, vol. ix, p. 76. |