have previously protested, and taken the necessary steps to secure an authentic interpretation of the ambiguous stipulation. Thus, when, in 1911, it became obvious that Germany and other Continental States attributed to Article 23 (h) of the Hague Regulations respecting the Laws and Usages of War on Land a meaning different from the one preferred by Great Britain, the British Foreign Office made the British interpretation of this article known.1 (12) It is to be taken for granted that the parties intend the stipulations of a treaty to have a certain effect, and not to be meaningless. Therefore, an interpretation is not admissible which would make a stipulation meaningless, or ineffective. (13) All treaties must be interpreted so as to exclude fraud, and so as to make their operation consistent with good faith. (14) The rules commonly applied by the courts for the interpretation and construction of Municipal Laws are only applicable to the interpretation and construction of treaties, and in particular of law-making treaties, in so far as they are general rules of jurisprudence. If they are rules sanctioned only by the Municipal Law, or by the practice of the courts, of a particular country, they may not be applied. (15) Unless the contrary is expressly provided, if a treaty is concluded in two languages and there is a discrepancy between the meaning of the two different texts,3 each party is only bound by the text in its own language. Moreover, a party cannot claim the benefit of the text in the language of the other party. 1 See Oppenheim, The League of Nations (1919), p. 48. 2 The Treaty of Peace with Germany is in French and English; and it is expressly stipulated that both texts are authentic. The Treaties of Peace with Austria and Bulgaria are in French, English, and Italian; but it is expressly declared that the French text shall prevail. except in the League of Nations and Labour Parts. 3 See Foster, The Practice of Diplomacy (1906), where some interesting cases are discussed. CHAPTER III IMPORTANT GROUPS OF TREATIES I IMPORTANT LAW-MAKING TREATIES Law product of teenth § 555. Law-making treaties 1 have been concluded Important ever since International Law came into existence. It making was not until the nineteenth century, however, that Treaties a there were law-making treaties of world-wide import- the Nineance. Although at the Congress at Münster and Century. Osnabrück all the European Powers then existing, with the exception of Great Britain, Russia, and Poland, were represented, the Westphalian Peace of 1648, to which France, Sweden, and the States of the German Empire were parties, and which recognised the independence of Switzerland and the Netherlands and the practical sovereignty of the 332 States of the German Empire, was not of world-wide importance, in spite of the fact that it contained various law-making stipulations. And the same may be said with regard to all other treaties of peace between 1648 and 1815. The first law-making treaty of world-wide importance was the Final Act of the Vienna Congress, 1815. But it must be particularly noted that not all of these are pure law-making treaties, since many contain other stipulations besides those which are law-making. 1 Concerning the conception of law-making treaties, see above, §§ 18 and 492. VOL. I. 2 Y 705 of the Vienna Final Act § 556. The Final Act of the Vienna Congress,1 signed on June 9, 1815, by Great Britain, Austria, France, Congress. Portugal, Prussia, Russia, Spain, and Sweden-Norway, Protocol of the comprised law-making stipulations of world-wide importance concerning four points-namely, the perpetual neutralisation of Switzerland (Article 118, No. 11); free navigation on so-called international rivers (Articles 108-117); the abolition of the negro slave trade (Article 118, No. 15); and the different classes of diplomatic envoys (Article 118, No. 17). § 557. The Protocol of November 21 of the Congress Congress of Aix-la-Chapelle,2 1818, signed by Great Britain, of Aix-la- Austria, France, Prussia, and Russia, contained the Chapelle. important law-making stipulation concerning the estab Treaty of lishment of a fourth class of diplomatic envoys, the so-called 'Ministers Resident,' to rank before the Chargés d'Affaires. § 558. The Treaty of London 3 of November 15, 1831, of 1831. signed by Great Britain, Austria, France, Prussia, Russia, and Belgium, comprised in its Article 7 the important law-making stipulation concerning the perpetual neutralisation of Belgium; but arrangements are about to be made, under which Belgium will no longer be permanently neutralised. Declara tion of Paris. § 559. The Declaration of Paris of April 16, 1856, signed by Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, is a pure law-making treaty of the greatest importance, stipulating four rules with regard to sea warfare-namely, that privateering is abolished; that the neutral flag covers enemy goods with the exception of contraband of war; that neutral goods, contraband excepted, cannot be confiscated even 1 Martens, N.R., ii. p. 379. See Angeberg, Le Congrès de Vienne et les Traités de 1815 (4 vols., 1863). 2 Martens, N.R., iv. p. 648. See Angeberg, op. cit. . 3 Martens, N.R., xi. p. 390. See Descamps, La Neutralité de la Belgique (1902). 4 Martens, N.R.G., xv. p. 767. when sailing under the enemy flag; that a blockade must be effective to be binding. Through accession during 1856, the following other States became parties to this treaty: Argentina, Belgium, Brazil, Chili, Denmark, Ecuador, Greece, Guatemala, Haiti, Holland, Peru, Portugal, Sweden-Norway, and Switzerland. Japan acceded in 1886, Spain in 1908, and Mexico in 1909. 1 Conven § 560. The Geneva Convention 1 of August 22, 1864, Geneva and that of July 6, 1906, are pure law-making treaties tion. for the amelioration of the conditions of the wounded of armies in the field. The Geneva Convention of 1864 was originally signed only by Switzerland, Baden, Belgium, Denmark, France, Hesse, Holland, Italy, Portugal, Prussia, Spain, and Würtemburg, but in time almost all other civilised States have acceded. A treaty 2 containing articles additional to the Geneva Convention of 1864 was signed at Geneva on October 20, 1868, but was not ratified. A better fate was in store for the Geneva Convention 3 of 1906, which was signed by the delegates of thirty-five States, and has been ratified by not less than twenty-six States. At least eight other States have acceded. It is of importance to emphasise that the Convention of 1864 is not entirely replaced by the Convention of 1906, in so far as the former remains in force between those Powers which are parties to it without being parties to the latter. And it must be remembered that a convention for the adaptation to sea warfare of the principles of the Geneva Convention was signed at both the first and the second Hague Conferences. § 561. The Treaty of London of May 11, 1867, 1 Martens, N.R.G., xviii. p. 607. See Lueder, Die Genfer Convention (1876), and Münzel, Untersuchungen über die Genfer Convention (1901). 2 Martens, N. R.G., xviii. p. 612. 3 Martens, N. R. G., 3rd Ser. ii. p. 323. Martens, N.R.G., xviii. p. 445. See Wampach, Le Luxembourg neutre (1900). London of 1867. Treaty of signed by Great Britain, Austria, Belgium, France, Holland, Italy, Prussia, and Russia, comprised in its Article 2 the important law-making stipulation concerning the perpetual neutralisation of Luxemburg; but arrangements are now foreshadowed under which Luxemburg will no longer be permanently neutralised. Declara tion of St. burg. § 562. The Declaration of St. Petersburg 1 of December Peters- 11, 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. Treaty of Berlin of 1878. General Act of the § 563. The Treaty of Berlin 2 of July 13, 1878, signed by Great Britain, Austria-Hungary, France, Germany, Italy, Russia, and Turkey, was law-making with regard to Bulgaria, Montenegro, Roumania, and Serbia. § 564. The General Act of the Congo Conference 3 of Berlin of February 26, 1885, signed by Great Britain, Confer- Austria-Hungary, Belgium, Denmark, France, Germany, Conven- Holland, Italy, Portugal, Russia, Spain, Sweden-Norway, Germain. Turkey, and the United States of America,1 was a law ence, and tion of St. 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; optional 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 1 Martens, N. R. G., xviii. p. 474. Martens, N. R. G., 2nd Ser. x. p. 414. See Patzig, Die afrikanische Conferenz und der Congostaat (1885). The United States did not, however, ratify; see Moore, v. p. 564. |