International Law. A Treatise Volume I Part 74

[Sidenote: Declaration of St. Petersburg.]

-- 562. The Declaration of St. Petersburg[922] of November 29, 1868, signed by Great Britain, Austria-Hungary, Belgium, Denmark, France, Greece, Holland, Italy, Persia, Portugal, Prussia and other German States, Russia, Sweden-Norway, Switzerland, and Turkey--Brazil acceded later on--is a pure law-making treaty. It stipulates that projectiles of a weight below 400 grammes (14 ounces) which are either explosive or charged with inflammable substances shall not be made use of in war.

[Footnote 922: Martens, N.R.G. XVIII. p. 474.]

[Sidenote: Treaty of Berlin of 1878.]

-- 563. The Treaty of Berlin[923] of July 13, 1878, signed by Great Britain, Austria-Hungary, France, Germany, Italy, Russia, and Turkey, is law-making with regard to Bulgaria, Montenegro, Roumania, and Servia. It is of great importance in so far as the present phase of the solution of the Near Eastern Question arises therefrom, although Bulgaria became full-sovereign in 1908.

[Footnote 923: Martens, N.R.G. 2nd Ser. III. p. 449. See Mulas, "Il congresso di Berlino" (1878).]

[Sidenote: General Act of the Congo Conference.]

-- 564. The General Act of the Congo Conference[924] of Berlin of February 26, 1885, signed by Great Britain, Austria-Hungary, Belgium, Denmark, France, Germany, Holland, Italy, Portugal, Russia, Spain, Sweden-Norway, Turkey, and the United States of America, is a law-making treaty of great importance, stipulating: freedom of commerce for all nations within the basin of the river Congo; prohibition of slave-transport within that basin; neutralisation of Congo Territories; freedom of navigation for merchantmen of all nations on the rivers Congo and Niger; and, lastly, the obligation of the signatory Powers to notify to one another all future occupations on the coast of the African continent.

[Footnote 924: Martens, N.R.G. 2nd Ser. X. p. 414. See Patzig, "Die afrikanische Conferenz und der Congostaat" (1885).]

[Sidenote: Treaty of Constantinople of 1888.]

-- 565. The Treaty of Constantinople[925] of October 29, 1888, signed by Great Britain, Austria-Hungary, France, Germany, Holland, Italy, Russia, Spain, and Turkey, is a pure law-making treaty stipulating the permanent neutralisation of the Suez Ca.n.a.l and the freedom of navigation thereon for vessels of all nations.

[Footnote 925: Martens, N.R.G. 2nd Ser. XV. p. 557. See above, -- 183.]

[Sidenote: General Act of the Brussels Anti-Slavery Conference.]

-- 566. The General Act of the Brussels Anti-Slavery Conference,[926]

signed on July 2, 1890, by Great Britain, Austria-Hungary, Belgium, the Congo Free State, Denmark, France,[927] Germany, Holland, Italy, Persia, Portugal, Russia, Sweden-Norway, Spain, Turkey, the United States of America, and Zanzibar, is a law-making treaty of great importance which stipulates a system of measures for the suppression of the slave-trade in Africa, and, incidentally, restrictive measures concerning the spirit-trade in certain parts of Africa. To revise the stipulations concerning this spirit-trade the Convention of Brussels[928] of November 3, 1906, was signed by Great Britain, Germany, Belgium, Spain, the Congo Free State, France, Italy, Holland, Portugal, Russia, and Sweden.

[Footnote 926: Martens, N.R.G. 2nd Ser. XVI. p. 3, and XXV. p. 543. See Lentner, "Der afrikanische Sklavenhandel und die Brusseler Conferenzen"

(1891).]

[Footnote 927: But France only ratified this General Act with the exclusion of certain articles.]

[Footnote 928: Martens, N.R.G. 3rd Ser. I. p. 722.]

[Sidenote: Two Declarations of the First Hague Peace Conference.]

-- 567. The Final Act of the Hague Peace Conference[929] of July 29, 1899, was a pure law-making treaty comprising three separate conventions--namely, a convention for the peaceful adjustment of international differences, a convention concerning the law of land warfare, and a convention for the adaptation to maritime warfare of the principles of the Geneva Convention of 1864,--and three Declarations--namely, a Declaration prohibiting, for a term of five years, the discharge of projectiles and explosives from balloons, a Declaration concerning the prohibition of the use of projectiles the only object of which is the diffusion of asphyxiating or deleterious gases, and a Declaration concerning the prohibition of so-called dum-dum bullets. All these conventions, however, and the first of these declarations have been replaced by the General Act of the Second Hague Peace Conference, and only the last two declarations are still in force.

All the States which were represented at the Conference are now parties to these declarations except the United States of America.

[Footnote 929: Martens, N.R.G. 2nd Ser. XXVI. p. 920. See Holls, "The Peace Conference at the Hague" (1900), and Merignhac, "La Conference internationale de la Paix" (1900).]

[Sidenote: Treaty of Was.h.i.+ngton of 1901.]

-- 568. The so-called Hay-Pauncefote Treaty of Was.h.i.+ngton[930] between Great Britain and the United States of America, signed November 18, 1901, although law-making between the parties only, is nevertheless of world-wide importance, because it neutralises permanently the Panama Ca.n.a.l, which is in course of construction, and stipulates free navigation thereon for vessels of all nations.[931]

[Footnote 930: Martens, N.R.G. 2nd Ser. x.x.x. p. 631.]

[Footnote 931: It ought to be mentioned that article 5 of the Boundary Treaty of Buenos Ayres, signed by Argentina and Chili on September 15, 1881--see Martens, N.R.G. 2nd Ser. XII. p. 491--contains a law-making stipulation of world-wide importance, because it neutralises the Straits of Magellan for ever and declares them open to vessels of all nations.

See above, p. 267, note 2, and below, vol. II. -- 72.]

[Sidenote: Conventions and Declaration of Second Hague Peace Conference.]

-- 568_a_. The Final Act of the Second Hague Peace Conference of October 18, 1907, is a pure law-making treaty of enormous importance comprising the following thirteen conventions[932] and a declaration:--

[Footnote 932: Only a greater number of States have as yet ratified the Conventions, but it is to be expected that many more will grant ratification in the course of time.]

(1) Convention for the Pacific Settlement of International Disputes. All States represented at the Conference signed except Nicaragua, but some signed with reservations only. Nicaragua acceded later.

(2) Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts, signed by Great Britain, Germany, the United States of America, Argentina, Austria-Hungary, Bolivia, Bulgaria, Chili, Columbia, Cuba, Denmark, San Domingo, Ecuador, Spain, France, Greece, Guatemala, Haiti, Italy, j.a.pan, Mexico, Montenegro, Norway, Panama, Paraguay, Holland, Peru, Persia, Portugal, Russia, Salvador, Servia, Turkey, Uruguay; China and Nicaragua acceded later.

Some of the South American States signed with reservations.

(3) Convention relative to the Opening of Hostilities. All the States represented at the Conference signed except China and Nicaragua; both, however, acceded later.

(4) Convention concerning the Laws and Usages of War on Land. All the States represented at the Conference signed except China, Spain, and Nicaragua, but Nicaragua acceded later. Some States made reservations in signing.

(5) Convention concerning the Rights and Duties of Neutral Powers and Persons in Case of War on Land. All the States represented at the Conference signed except China and Nicaragua, but some States made reservations. Both China and Nicaragua acceded later.

(6) Convention relative to the Status of Enemy Merchantmen at the Outbreak of Hostilities. All the Powers represented at the Conference signed except the United States of America, China, and Nicaragua, but the last named acceded later. Some States made reservations in signing.

(7) Convention relative to the Conversion of Merchant s.h.i.+ps into War s.h.i.+ps. All the Powers represented at the Conference signed except the United States of America, China, San Domingo, Nicaragua, and Uruguay, but Nicaragua acceded later. Turkey made a reservation in signing.

(8) Convention relative to the Laying of Automatic Submarine Contact Mines. The majority of the States represented at the Conference signed.

China, Spain, Montenegro, Nicaragua, Portugal, Russia, and Sweden have not signed, but Nicaragua acceded later. Some States made reservations.

(9) Convention respecting Bombardments by Naval Forces in Time of War.

Except China, Spain, and Nicaragua all the States represented at the Conference signed, but China and Nicaragua acceded later. Some States made reservations.

(10) Convention for the Adaptation to Naval War of the Principles of the Geneva Convention. All the Powers represented at the Conference signed except Nicaragua, but some made reservations. Nicaragua acceded later.

(11) Convention relative to certain Restrictions on the Exercise of the Right of Capture in Maritime War. All States represented at the Conference signed except China, Montenegro, Nicaragua, and Russia, but Nicaragua acceded later.

(12) Convention relative to the Creation of an International Prize Court. The majority of the States represented at the Conference signed.

Brazil, China, San Domingo, Greece, Luxemburg, Montenegro, Nicaragua, Roumania, Russia, Servia, and Venezuela have not signed, and some of the smaller signatory Powers made a reservation with regard to the composition of the Court according to article 15 of the Convention.

(13) Convention concerning the Rights and Duties of Neutral Powers in Naval War. All the States represented at the Conference signed except the United States of America, China, Cuba, Spain, and Nicaragua. Some States made reservations. But the United States of America, China, and Nicaragua acceded later.

(14) Declaration prohibiting the Discharge of Projectiles and Explosives from Balloons. Only twenty-seven of the forty-four States represented at the Conference signed. Germany, Chili, Denmark, Spain, France, Guatemala, Italy, j.a.pan, Mexico, Montenegro, Nicaragua, Paraguay, Roumania, Russia, Servia, Sweden, and Venezuela refused to sign, but Nicaragua acceded later.

[Sidenote: The Declaration of London.]

-- 568_b_. The Declaration of London[933] of February 26, 1909, concerning the Laws of Naval War, is a pure law-making treaty of the greatest importance. All the ten Powers represented at the Conference of London which produced this Declaration signed[934] it--namely, Great Britain, Germany, the United States of America, Austria-Hungary, Spain, France, Italy, j.a.pan, Holland, and Russia, but it is not yet ratified.

[Footnote 933: On account of the opposition to the Ratification of the Declaration of London which arose in England, the English literature on the Declaration is already very great. The more important books are the following:--Bowles, "Sea Law and Sea Power" (1910); Baty, "Britain and Sea Law" (1911); Bentwich, "The Declaration of London" (1911); Bray, "British Rights at Sea" (1911); Bate, "An Elementary Account of the Declaration of London" (1911); Civis, "Cargoes and Cruisers" (1911); Holland, "Proposed Changes in Naval Prize Law" (1911); Cohen, "The Declaration of London" (1911). See also Baty and Macdonell in the Twenty-sixth Report (1911) of the International Law a.s.sociation. There are also innumerable articles in periodicals.]

[Footnote 934: There is no doubt that the majority, if not all, of the States concerned will in time accede to the Declaration of London.]