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tracted without this consent.' Similar provisions are found in the constitution of Norway. These provisions in the constitutions, directly limiting the power of the King in the execution of treaties affecting the revenue laws, has tended to develop a practice of submitting such treaties for legislative approval.3 In each of the abovementioned treaties for commercial reciprocity, applying to Norway alone, a clause was inserted expressly providing for the approval of the Norwegian legislature. Likewise the joint treaty with France for the extension in part of existing commercial treaties was concluded subject to the approval of the representatives in Sweden and Norway.
DENMARK By Article XVIII of the constitution of Denmark (1849, revised in 1866) the King concludes peace, alliances and commercial treaties, but he cannot, without the consent of the Rigsdag, give up any part of the country or enter into any engagement whereby the existing public-law relations will be changed. The original article (XXIII) in the constitution of 1849 was more definite, requiring the consent of the Rigsdag to treaties ceding any portion of territory, disposing of any of the revenues of the state, or incurring charges on the state.
· Art. XXVII, title 3. * Aschehoug, Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, pt. 2, div. 2, pp. 18, 19.
Art. IV. Brit. and For. State Papers, vol. Ixxxiv, p. III.
• Brit. and For. State Papers, vol. lviii, p. 1235. German text, Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, pt. 2, div. 3, p. 74.
6 The expression “public-law relations” (“ die staatsrechtlichen Verhältnisse'') has been construed by Danish writers to stand in opposition to international relations and embrace all internal relations as dis
It is within the competency of the King to conclude definitively postal and telegraphic conventions, extradition treaties and the usual treaties of amity and commerce. The restriction on ceding a part of the country has been applied also to a cession of colonial possessions. Thus the treaty signed January 24, 1902, with the United States for the cession of the Danish West Indies required for its ratification the consent of the Rigsdag, and remains unperfected through the refusal of that body to give its sanction.
SPAIN The King declares war, makes peace, and conducts diplomatic and commercial relations with other powers ;' but he must be authorized by a special law : “1. To alienate, cede or exchange any part of Spanish territory. 2. To incorporate any other territory into Spanish territory. 3. To admit foreign troops into the kingdom. 4. To ratify treaties of alliance, offensive and defensive, those which specially relate to commerce, those which stipulate for the granting of subsidies to any foreign power, and all those which may be binding individually on Spaniards. In no case can secret articles of a treaty annul public ones.”'3 As clearly expressed in the article the law must precede the ratification. In the negotiations for peace with the United States in 1898, the Spanish government considered a law necessary, before entering into the final negotiations at Paris, for the cession of
tinguished from the external relations which result from the mutual contact of states and which are usually regulated by treaty stipulations. Ibid., p. 75.
Marquardsen's Handbuch, p. 75.
territory embraced in the protocol of August 12. Accordingly a law was passed by the Cortes in secret session in September authorizing the cession."
PORTUGAL In Article LXXV of the original constitution of Portugal of 1826, the King retained the treaty-making power with the sole express limitation that treaties concluded in time of peace, stipulating for a cession or exchange of territory, should be approved by the Cortes. The article is completely changed by Article X of the act of amendment of July 5, 1852, which provides that every treaty, concordat and convention shall, before ratification, be submitted for the approval of the Cortes in secret session.'
SWITZERLAND In the constitution of Switzerland (1874), the power to make alliances and treaties for the Confederation is given to the Federal Assembly,3 the national legislative body composed of the National Council and the Council of States. The negotiations are conducted by the Federal Council," the national executive body consisting of seven members elected by the Assembly. The right of making peace and of concluding treaties with foreign powers, particularly treaties relating to tariffs and commerce, is expressly delegated to the Confederation ; but
"Annual Register, 1898, p. 54.
* Art. CII, sec. 8. •The business of the Federal Council is distributed among seven departments, one of which is that of foreign affairs. Each of these is presided over by one of the Councillors. All decisions however emanate from the Council, four of the members of which must concur in order to render a valid decision. Winchester, The Swiss Republic, p. 97.
* Art. VIII.
the cantons retain the power to make among themselves conventions upon legislative, administrative or judicial subjects,' and to conclude with foreign powers treaties respecting the administration of public property, and border and police intercourse. Treaties of a political character are specifically prohibited to the cantons;; and every agreement entered into by a canton is subject, on the protest of the Federal Council or another canton, to the approval of the Federal Assembly. It is the function of the Federal Court in cases within its jurisdiction to apply the laws and resolutions of the Federal Assembly, and to “conform to treaties which shall have been ratified by the Federal Assembly."The general extradition law of January 22, 1892, places extradition in the hands of the Federal Council, and authorizes it to conclude treaties in conformity with the provisions of the act.6
In the matter of a naturalization treaty it has been doubted whether the powers of the central government authorize it to recognize by treaty the right of expatriation.' Upon the general question of the treaty-making power of the Confederation, the conclusion has been reached, says Professor Moses, "that the limitation of powers drawn between the Union and the cantons with respect to internal affairs does not define the powers of the Union with respect to foreign relations.”8 By the "Art. VII. * Art. IX.
Art. VII. * Art. LXXXV, sec. 5. Text, Larned's History for Ready Reference, vol. i, p. 588. See for instances of cantonal agreements, Vincent, Government in Switzerland, p. 201. * Art. CXIII. • Brit. and For. State Papers, vol. Ixxxiv, p. 671.
For. Rel. of U. S. 1897, p. 557. * Federal Government of Switzerland, p. 171. See also to the same effect Blumer, Handbuch des schweizerischen Bundesstaatsrechtes, vol. i, p. 204.
original constitution the powers of the central government extend to the protection of literary and artistic property, and by an amendment of 1887, to the protection of patents. The posts and telegraphs are controlled by the Confederation. Switzerland is subject to the limitations of a neutralized state.
GREECE.3 In Greece the King makes treaties of peace, alliance and commerce; but treaties of commerce and all others that include concessions which require, according to other provisions of the constitution, the sanction of a law, or which may burden the Greeks individually, are not effective until the assent of the Boule, the singlechambered Greek legislature, has been given. A cession or exchange of territory can be made only by virtue of a law.5
1 Art. LXIV.
Art. XXXVI. 'In Servia, according to the constitution of 1869, which was reproclaimed in 1894, the Prince concludes treaties with foreign powers, but if the execution of the treaty should involve a charge on the treasury or a modification of existing laws, or affect public or private rights, the assent of the legislature is necessary. Art. VIII. The Prince of Roumania concludes with foreign states conventions of commerce and others of the same nature, but that these may have obligatory force they must be submitted to and approved by the legislature. Art. XCIII of the constitution of 1866 as amended in 1879 and 1884. Brit. and For. State Papers, vol. lxi, p. 1071; vol. Ivii, p. 273; vol. lxxv. D. 1106. In both countries the territory of the state is declared inalienable. Art. II. In Roumania the boundaries can be changed or rectified only by virtue of a law (Art. II); in Servia, if the modification is of little importance, only with the consent of the National Assembly, and if it is of real importance, the consent of the Grand National Assembly, the sovereign power of the state, is necessary. Art. II. * Art. XXXII of the constitution of 1864. Art. XXXIII. Brit. and For. State Papers, vol. Ivi, p. 575.