Gambar halaman
PDF
ePub

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 In 1887 it was altered, and in 1890 finally superseded by a new agreement reciprocal in nature, but still placing barriers to free intercourse between the two countries.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

1Brit. and For. State Papers, vol. lxxvii, pp. 82, 1161.

1 Ibid., vol. lxxxix, pp. 84, 85; vol. lxxxviii, pp. 1178, 1179.

3 Ibid., vol. lxxxvii, p. 136.

The United States has separate treaties, with Sweden signed Jan. 14, and with Norway June 7, 1893.

12, 1897.1 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. 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. lxxviii, p. 417; vol. lxxxii, p. 759; vol. lxxxvii, p. 766.

Ibid., vol. lxxxiv, p. 113.
Ibid., vol. lxxxvii, p. 534.

3 Ibid., vol. lxxxvi, p. 1024.

Ibid., vol. lxxxvii, pp. 493, 834.

Ibid., vol. lxxxiv, p. 110; vol. Ixxxviii, p. 451.

Annual Register 1897, p. 341.

*Art. XXIII, title 2.

'Arts. LX and LXXIII.

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. LXXVI.

3

2 Art. XXVII, title 3.

Aschehoug, Marquardsen's Handbuch des öffentlichen Rechts, vol. iv, pt. 2, div. 2, pp. 18, 19.

5

'Art. IV. Brit. and For. State Papers, vol. lxxxiv, 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.

"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.

'Art. LIV, sections 4 and 5 of the constitution of 1876.

'Art. LV. Brit. and For. State Papers, vol. lxvii, p. 125.

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.5 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.

'Brit. and For. State Papers, vol. 1, p. 1276; vol. xiii, p. 968.
3 Art. LXXXV, sec. 5.
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.

« SebelumnyaLanjutkan »