End and Effect of Negotia tion. greatest importance are the negotiations which take place through congresses and conferences.1 During viva voce negotiations it happens sometimes that a diplomatic envoy negotiating with the Secretary for Foreign Affairs reads out a letter received from his home State. In such case it is usual to leave a copy of the letter at the Foreign Office. If a copy is refused, the Secretary for Foreign Affairs can, on his part, refuse to hear the letter read. Thus in 1825 Canning refused to allow a Russian communication to be read to him by the Russian ambassador in London with regard to the independence of the former Spanish colonies in South America, because this ambassador was not authorised to leave a copy of the communication at the British Foreign Office.2 § 482. Negotiations may, and often do, come to an end without any effect whatever, on account of the parties failing to agree. On the other hand, if negotiations lead to an understanding, the effect may be twofold. It may consist, either in a satisfactory exchange of views and intentions, and the parties are then in no way, at any rate not legally, bound to abide by such views and intentions, or to act on them in the future ; or in an agreement on a treaty, and then the parties are legally bound by the stipulations of such treaty. Treaties are of such importance that it is necessary to discuss them in a special chapter.3 II CONGRESSES AND CONFERENCES Phillimore, ii. §§ 39-40-Twiss, ii. § 8-Taylor, §§ 34-36-Hershey, Nos. 292294-Bluntschli, § 12—Heffter, § 242-Geffcken in Holtzendorf, iiì. pp. 679-684-Ullmann, §§ 71-72-Bonfils, Nos. 796-814-Despagnet, Nos. 478-482-Pradier-Fodéré, vi. Nos. 2593-2599-Rivier, ii. § 46 1 See below, § 483. As regards the language used during negotiation, see above, § 359. 3 See below, §§ 491-554. Nys, ii. pp. 486-496-Calvo, iii. §§ 1674-1681-Fiore, ii. Nos. 1216-1224, and Code, Nos. 1211-1250-Martens, i. § 52-Charles de Martens, Guide diplomatique, i. § 58-Pradier-Fodéré, Cours de Droit diplomatique (1881), ii. pp. 372-425 — Zaleski, Die völkerrechtliche Bedeutung der Congresse (1874)-Nippold, Die Fortbildung des Verfahrens in völkerrechtlichen Streitigkeiten (1907), pp. 480-526-Satow, Diplomatic Practice, ii. §§ 439-497-Myers in A.J., viii. (1914), pp. 81-108. tion of and Con § 483. International congresses and conferences are Concepformal meetings of the representatives of several States, Confor the purpose of discussing matters of international gresses interest, and coming to an agreement concerning these ferences. matters. The term ' congress as well as the term 'conference' may be used for the meetings of the representatives of only two States; but as a rule congresses or conferences denote su bodies only as are composed of the representatives of a greater number of States. Several writers allege that there are characteristic differences between a congress and a conference. But all such alleged differences vanish in face of the fact that the Powers, when summoning a meeting of representatives, use the terms 'congress' and 'conference indiscriminately. It is not even correct to say that the more important meetings are named congresses, in contradistinction to conferences, for the Hague Peace Conferences of 1899 and 1907 were, in spite of their great importance, denominated conferences. Much more important than the mere terminological difference between congress' and 'conference' is the difference of the representatives who attend the meeting. For it may be that the heads of the States meet at a congress or conference, or that the representatives consist of diplomatic envoys and Secretaries for Foreign Affairs of the Powers. But, although congresses and conferences of heads of States have been held in the past, and might at any moment be held again in the 1 See, for instance, Martens, i. § 52; Fiore, ii. §§ 1216-1224, and Code, No. 1236. Con gresses ferences. future, there can be no doubt that the most important matters are treated by congresses and conferences consisting of diplomatic representatives of the Powers. Parties to § 484. Congresses and conferences not being organised by customary or conventional International Law, no and Con- rules exist with regard to the parties to a congress or conference. Everything depends upon the purpose for which a congress or a conference meets, and upon the Power which invites other Powers to the meeting. If it is intended to settle certain differences, it is reasonable that all the States concerned should be represented, for a Power which is not represented need not consent to the resolutions of the congress. If the creation of new rules of International Law is intended, at least all full sovereign members of the Family of Nations ought to be represented. To the first Peace Conference at the Hague, nevertheless, only the majority of States were invited to send representatives, the South American republics not being invited at all. But to the second Peace Conference of 1907, forty-seven States were invited, although only forty-four sent representatives. Costa Rica, Honduras, and Abyssinia, though invited, did not send any delegates. It is frequently maintained that only full sovereign States can be parties to congresses and conferences. This is certainly not correct, since here, too, everything depends upon the merits of the special case. As a rule, full sovereign States only are parties, but there are exceptions. Thus the British Dominions-Canada, Australia, South Africa, New Zealand-and India were separately represented within the British Empire delegation at the Peace Conference at Paris in 1919. Again Bulgaria, at that time a vassal under Turkish suzerainty, was a party to the first and second Hague Peace Conferences, although without a vote. There is no reason to deny the rule that half and part sovereign States can be parties to congresses and conferences in so far as they are able to negotiate internationally.1 Such States are, in fact, frequently asked to send representatives to such congresses and conferences as meet for non-political matters. Moreover, there is no objection to admitting a delegate of the Pope to a congress or a conference, although the Holy See is not a State. But no State can be a party which has not been invited, or admitted at its own request. If a Power thinks it fitting that a congress or conference should meet, it invites such other Powers as it pleases, though the invited Powers may accept upon condition that certain other Powers should, or should not, be invited or admitted. Those Powers which have accepted the invitation become parties, if they send representatives. Each party may send several representatives, but they have only one vote, given by the senior representative for himself and his subordinates. gresses ferences. § 485. After the place and time of meeting have Procedure been arranged such place may be neutralised for the at Conpurpose of securing the independence of the delibera- and Contions and discussions-the representatives meet, and constitute themselves, by exchanging their commissions, and electing a president and other officers. It is usual, but not obligatory,2 for the Secretary for Foreign Affairs of the State within which the congress meets to be elected president. If the difficulty of the questions on the programme makes it advisable, special committees are appointed for the purpose of preparing the matter for discussion by the body of the congress. In such discussion all representatives can take part. After the discussion follows the voting. The motion must be carried unanimously to consummate the task of the 1 See above, § 478. Thus at both Hague Peace Conferences the first Russian delegate was elected president. At the congress, for the vote of the majority does not in any way bind the dissenting parties. But it is possible for the majority to consider the motion binding for its members. A protocol is to be kept of all the discussions, and the voting. If the discussions and voting lead to a final result upon which the parties agree, all the points agreed upon are generally drawn up in an Act, which is signed by the representatives, and called the Final Act, or the General Act, of the congress or conference. A party can make a declaration or a reservation in signing the Act, for the purpose of excluding a certain interpretation of the Act in the future. And the Act may expressly stipulate freedom for States which were not parties to accede to it in future. Different Kinds of tion. ance III TRANSACTIONS BESIDES NEGOTIATION Bluntschli, § 482-Hartmann, § 91-Gareis, § 77-Liszt, § 20. § 486. International transaction is the term for every Transac- act on the part of a State in its intercourse with other States. Besides negotiation, which has been discussed above in §§ 477-482, there are eleven other kinds of international transactions which are of legal importnamely, declaration, notification, protest, renunciation, recognition, intervention, retorsion, reprisals, pacific blockade, war, and subjugation. Recognition has already been discussed above in §§ 71-75, intervention in §§ 134-138, and subjugation in §§ 236-241. Retorsion, reprisals, pacific blockade, and war will be treated in the second volume of this work. There are, therefore, only four kinds of transaction to be discussed here--namely, declaration, notification, protest, and renunciation. |