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railway matters.' The separate states of the Empire may conclude with each other conventions of an administrative character in reference to postal and telegraphic affairs,' the collection of customs and excises, the determination of contested jurisdiction, and similar matters when not regulated by imperial legislation. Extradition with foreign countries, so far as not covered by the imperial law or treaties, may be regulated by the states.3
Treaties are negotiated by the Emperor through the joint Minister for Foreign Affairs. The latter consults the premiers of the two states and is subject to the interpellations of the dual delegations. The Act of Union provides in section 8 of Law XII as passed in 1867 by the Hungarian Parliament, and in section 1 of the Fundamental Law concerning joint affairs. of December 21, 1867, as passed by the Austrian Reichsrath, that the approval of treaties, in so far as the constitutions of the two states require, is reserved to the respective legislatures, i. e., the Austrian Reichsrath and the Hungarian Parliament. It is, therefore, necessary to look to the constitutions of the two countries in order to determine what treaties, if any, require legislative approval.
The five Fundamental Laws of December 21, 1867, form the body of the Austrian constitution. By article 6 of the Fundamental Law concerning the exercise of executive power the Emperor concludes treaties; but to the validity (Gültigkeit) of commercial treaties and those
Subject in Bavaria to Art. XLVI.
•R. G. B. 146. Oesterreich, Gesetze, vol. xix, p. 101, and supplement p. 83.
that burden (belasten) the state or a portion of it, or impose obligations (verpflichten) on individual subjects, the consent of the Reichsrath is necessary.' Section 1 of the law concerning imperial representation also enumerates, among the duties of the Reichsrath, the examination and approval of treaties of commerce, and all treaties that burden (belasten) the kingdom or a part of it, or bind (verpflichten) individual subjects, or have for their object territorial changes in the kingdoms and lands represented in the Reichsrath.”
The constitution of Hungary is not contained in any single document, but is made up of laws and charters some of which are of early date. According to Hungarian writers, all treaties which may change the internal organization of the state, or touch upon the rights of the legislature to concur in levying taxes, in making expenditures or in furnishing recruits, or which may cause a change of territory, require the approval of Parliament.3
The commercial relations between the two countries are regulated by an agreement commonly called the Ausgleich, entered into in accordance with section 2 of the Fundamental Law and Act of Union of Austria, and section 61 of the Hungarian Law XII. As entered into in 1867, it was subject to termination at the end of every ten years; but it was with modifications successively renewed until 1897. On the failure of the Austrian Reichsrath to provide for its renewal in that year, it was provisionally extended by decrees of the Emperor. This agreement provides that while it continues the two countries shall form a customs and commercial union. Treaties
"R. G. B. 145, ibid., p. 100.
.R. G. B. 141, ibid., p. 42. • Ulbrich, Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, pt. 1, div. I, p. 150.
which have for their object the regulation of commercial relations abroad, especially commercial, tariff, navigation, consular, postal and telegraphic treaties, shall be equally binding on the territories of the two states. tiation and conclusion of such treaties, after the constitutional consent of both legislatures, shall take place through the Minister of Foreign Affairs on the basis to be agreed upon between the ministers for the proper department of the two countries.'
SWEDEN AND NORWAY
The treaty-making power in Sweden and Norway is determined by the Act of Union of 1815, and by the separate constitutional provisions of the two countries. By Article IV of the Act of Union the King has the power to make peace, to conclude or dissolve treaties, and to send and receive ministers. The power of the King in this respect is defined in similar terms in Article XXVI of the constitution of Norway (1814).3 In Article XII of the Swedish constitution (1809), it is provided that the King can enter into treaties and alliances with foreign powers, after having ascertained the opinion of the Minister of State for Foreign Affairs and of the Chancellor of the Court. Negotiations not only for Sweden alone, but also for the united kingdoms are accordingly conducted on the advice of the Swedish minister. In those, however, touching matters which concern both countries or Norway alone, the Norwegian minister, who with two councillors represents Norway
"Art. III. Gesetze, vol. xix, pp. 325, 326.
in the common council of state at Stockholm, is admitted into the ministerial council in which diplomatic affairs are discussed.
Norway has of recent years often requested the negotiation of separate treaties. In those affecting matters subject to internal regulation, the request has frequently been complied with. Postal and telegraphic conventions have been thus concluded. In 1886 two parcel-post conventions were signed at London with Great BritainMarch 12 applying to Norway, and March 16 applying to Sweden. The postal-union convention concluded at Washington June 15, 1897, and the international telegraphic agreement concluded at Budapest July 22, 1896, were signed by different representatives on the part of Norway and Sweden.” To the protocol of the conference on private international law concluded at The Hague July 13, 1894, separate plenipotentiaries subscribed.3 Separate extradition treaties have of late usually been concluded. Since the Act of Union did not make of the two kingdoms a customs union, commercial relations between the two are subjected to local regulation. A commercial agreement in the form of an identical law, which had the sanctity of a treaty, was reached in 1874. In 1887 it was altered, and in 1890 finally superseded by a new agreement reciprocal in nature, but still placing barriers to free intercourse between the two countries. In accordance with its provisions this agreement was terminated by Sweden July
* Brit. and For. State Papers, vol. lxxvii, pp. 82, 1161.
*The United States has separate treaties, with Sweden signed Jan. 14, and with Norway June 7, 1893.
12, 1897.' As the two countries do not form a customs union, separate commercial treaties may be negotiated. Such treaties were concluded : June 27, 1892, with Spain, applying to Sweden alone;' March 22, 1894, with Switzerland,3 and December 31, 1895, with Portugal, applying solely to Norway. On June 11, 1895, two separate and different treaties of commerce were signed with Belgium, the one applying to Norway, the other to Sweden.s The treaty of January 13, 1892, with France, for the extension in part of the existing treaties of commerce, and the general treaty of amity and commerce of May 2, 1896, with Japan, applied, however, to both kingdoms. In connection with the latter some dissatisfaction was shown in the Norwegian Storthing, as a separate treaty had been desired; and, although the treaty was not rejected, a motion for a declaration of disapproval produced a tie vote.?
Article I of the constitution of Norway and Article LXXVIII of the constitution of Sweden, which provide that the territory of the respective kingdoms cannot be alienated, stand as absolute limitations on the King in treaty-making. Norwegian troops can be employed in an offensive war only with the consent of the Storthing. 8 According to the constitution of Sweden no taxes of any description whatever can be increased without the express consent of the estates, and no loans within or without the kingdom, or financial burden, can be con
'Brit. and For. State Papers, vol. Ixxviii, p. 417; vol. lxxxii, p. 759; vol. lxxxvii, p. 766.
' Ibid., vol. Ixxxiv, p. 113. * Ibid., vol. lxxxvi, p. 1024. • Ibid., vol. lxxxvii, p. 534. • Ibid., vol. Ixxxvii, pp. 493, 834. • Ibid., vol. Ixxxiv, p. 110; vol. Ixxxviii, p. 451. 'Annual Register 1897, p. 341. . Art. XXIII, title 2.
'Arts. LX and LXXIII.