TREATIES . A treaty is acontract between two or more states . The Latin
See also:term " tractatus," and its derivatives, though of occasional occurrence in this sense from the 13th century onwards, only began to be commonly so employed, in lieu of the older technical terms " conventio publica," or " foedus," from the end of the 17th century . In the language of
See also:diplomacy the term " treaty " is restricted to the more important
See also:international agreements, especially to those which are the
See also:work of a congress; while agreements dealing with subordinate questions are described by the more general term "
See also:convention." The
See also:present article will disregard this distinction . The making and the observance of treaties is necessarily a very early phenomenon in the
See also:history of
See also:civilization, and the theory of treaties was one of the first departments of international
See also:law to attract
See also:attention . Treaties are recorded on the monuments of
See also:Egypt and
See also:Assyria; they occur in the Old Testament Scriptures; and questions arising under ovvgxai and foedera occupy much space in the Greek and
See also:Roman historians.' Treaties have been classified on many principles, of which it will suffice to mention the more important . A "
See also:personal treaty," having reference to dynastic interests, is contrasted with a " real treaty," which binds the nation irrespectively 1 For the celebrated treaty of 509 B.C. between Rome and
See also:Carthage, see
See also:Polybius iii . 22; and, on the subject generally,
See also:Barbeyrac's full but very uncritical Histoire
See also:des anciens traitez, (1739);
See also:Muller-Jochmus, Geschichte des Volkerrechts
See also:im Alterthum (1848) ; E .
See also:Egger, Etudes historiques sur
See also:les traites publics chez les grecs et chez les romains (new ed., 1866).of constitutional changes; treaties creating outstanding obligations are opposed to " transitory conventions," e.g . for cession of territory, recognition of independence, and the like, which operate irrevocably once for flan . all, leaving nothing more to be done by the contracting parties; and treaties in the nature of a definite transaction (Rechtsgeschaf t) are opposed to those which aim at establishing a general
See also:rule of conduct (Rechtssatz) . With reference to their
See also:objects, treaties may perhaps be conveniently classified as (1)
See also:political, including treaties of peace, of
See also:alliance, of cession, of boundary, for creation of international servitudes, of neutralization, of
See also:guarantee, for the submission of a controversy to arbitration; (2) commercial, including consular and
See also:fishery conventions, and slave
See also:trade and navigation treaties; (3) confederations for
See also:special social objects, such as the Zollverein, the Latin monetary union, and the still wider unions with reference to posts, telegraphs, submarine cables and weights and
See also:measures; (4)
See also:relating to criminal
See also:justice, e.g. to extradition and arrest of fugitive
See also:seamen; (5) relating to
See also:civil justice, e.g. to the
See also:protection of trade-mark and
See also:copyright, to the execution of
See also:foreign judgments, to the reception of evidence, and to actions by and against foreigners; (6) promulgating written rules of international law, upon topics previously governed, if at all, only by unwritten
See also:custom, with reference e.g. to the peaceful settlement of inter-
See also:national disputes, or to the conduct of warfare .
It must be remarked that it is not always possible to assign a treaty wholly to one or other of the above classes, since many treaties contain incombination clauses referable to several of them . The
See also:analogy between treaty-making and legislation is striking when a congress agrees upon general principles which are after-wards accepted by a large number of states, as, for instance, in the case of the
See also:Geneva conventions for improving the treatment of the wounded . Many political treaties containing " transitory conventions," with reference to recognition, boundary or cession, become, as it were, the title-deeds of the nations to which they relate .2 But the closest analogy of a treaty is to a contract in private law . The making of a valid treaty implies several requisites . (I) It must be made between competent parties, i.e.
See also:sovereign states . A " concordat," to which the
See also:pope, as a spiritual authority, is one of the parties, Requisites. is therefore not a treaty, nor is a convention between a state and an individual, nor a convention between the rulers of two states with reference to their private affairs . Semi-sovereign states, such as
See also:Marino or Egypt, may make conventions upon topics within their limited competence . It was formally alleged that an infidel state could not be a. party to a treaty . The question where the treaty-making power resides in a given state is answered by the municipal law of that state . In
See also:Great Britain it resides in the executive (see the
See also:parliamentary debates upon the cession of
See also:Heligoland in 1890) ; sometimes, however, it is shared for all purposes, as in the
See also:United States, or for certain purposes only, as in many countries of the
See also:European continent, by the legislature, or by a branch of it . (2)There must be an expression of agreement . This is not (as in private law) rendered voidable by duress; e.g. the cession of a province, though extorted by overwhelming force, is nevertheless unimpeachable .
Duress to the individual negotiator would, however, vitiate the effect of hissignature . (3) From the nature of the case, the agreement of states, other than those the
See also:government of which is autocratic, must be signified by means of agents, whose authority is either
See also:express, as in the case of plenipotentiaries, or implied, as in the case of e.g. military and
See also:naval commanders, for matters, such as truces,
See also:capitulations and cartels, which are necessarily confided to their discretion . When an
See also:agent acts in excess of his implied authority, he is said to make no treaty, but a mere " sponsion," which, unless adopted by his government, does not bind it, e.g. the affair of the Caudine Forks 2 Cf .
See also:Edward Hertslet's very useful collections entitled: The Map of
See also:Europe by Treaty (4 vols., 1875-1891), and The Map of Africa by Treaty (2 vols., 1894) . (
See also:Livy ix . 5) and the convention of Closter Seven in 1757 . (4) Unlike a contract in private law, a treaty, even though made in pursuance of a full power, is, according to modern views, of no effect till it is ratified . It may be remarked that ratification, though hitherto not thought to be required for " declarations," such as the Declaration of
See also:Paris of 1856, was expressly stipulated for in the case of those signed at the peace conferences of 1899 and 1907 . (5) No special
See also:form is necessary fora treaty, which in theory may be made without writing . It need not even appear on the
See also:face of it to be a contract between the parties, but may take the form of a joint declaration, or of an
See also:exchange of notes . Latin was at one
See also:time the language usually employed in treaties, and it continued to be so employed to a
See also:late date by the emperor and the pope . Treaties to which several European
See also:powers of different nationalities are parties are now usually
See also:drawn up in French (the use of which became general in the time of
See also:Louis XIV.), but the treaties of
See also:Aix-la-Chapelle of 1748 and 1784 contain, as does the final
See also:act of the congress of Vienna, a protest against the use of this language being considered obligatory .
French is, however, exclusively used in the treaties constituting the great " international unions "; and bilingual treaties are sometimes accompanied by a third version in French, to be decisive in case of alleged variances between the other two . A great European treaty has usually commenced " In the name of the Most
See also:Holy and Indivisible Trinity," or, when the
See also:Porte is a party, " In the name of Almighty
See also:God." (6) It is sometimes said that a treaty must have a lawful
See also:object, but the danger of accepting such a statement is apparent from the use which has been made of it by writers who deny the validity of any cession of national territory, or even go so far as to
See also:lay down, with Fiore, that " all should be regarded as void which are in any way opposed to the development of the
See also:free activity of a nation, or which hinder the exercise of its natural rights." (7) The making of a treaty is sometimes accompanied by acts intended to secure its better performance . The taking of oaths, the assigning of " conservatores pacis " and the giving of hostages are now obsolete, but revenue is mortgaged, territory is pledged, and treaties of guarantee are entered into for this purpose . A " transitory convention " operates at once, leaving no duties to be subsequently performed, but with reference to conventions Duration. of other kinds questions arise as to the duration of the
See also:obligation created by them; in other words, as to the moment at which those obligations come to an end . This may occur by the dissolution of one of the contracting states, by the object-
See also:matter of the agreement ceasing to exist, by full performance, by performance becoming impossible, by lapse of the time for which the agreement was made, by contrarius consensus or mutual
See also:release, by " denunciation " by one party under a power reserved in the treaty . By a
See also:breach on either side the treaty usually becomes, not void, but voidable . A further cause of the termination of treaty obligations is a
See also:change of circumstances, since a clause "
See also:rebus sic stantibus" is said to be a tacit
See also:condition in every treaty.' Such a contention can only be very cautiously admitted . It has been put forward by Russia in
See also:justification of her repudiation of the clauses of the Treaty of Paris neutralizing the Black
See also:Sea, and of her engagements as to Batoum contained in the Treaty of Berlin . The
See also:protocol of 1871, with a view to prevent such abuses,
See also:lays down, perhaps a little too broadly, " that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers, by means of an amicable arrangement." Treaties are in most cases suspended, if not terminated, by the outbreak of a war between the contracting parties (though the
See also:Spanish decree of the 23rd of
See also:April 1898 went too far when it asserted that the war with the United States had terminated " all conventions that have been in force up to the present between the two countries "), and are therefore usually revived in express terms in the treaty of peace . 1 Cf . Bynkershoek, Quest. sur pub. vol. ii. ch . 1o .
The rules for the
See also:interpretation of treaties are not so different from those applicable to contracts in private law as to need here a
See also:separate discussion . Collections of treaties are either (i.) general or (ii.) national . i . The first to publish a general collection of treaties was Leibnitz, whose Codex
See also:juris gentium, containing documents from 1097 to 1497, " ea quae
See also:solo inter liberos populos legum sunt loco " Collections. appeared in 1693, and was followed in 1700 by the Mantissa . The
See also:Corps universel diplomatique du droit des gens of J .
See also:Dumont, continued by J . Barbeyrac and Rousset in thirteen
See also:folio volumes, containing treaties from A.D . 315 to 1730, was published in 1726–1739 . Wenck's Corpus juris gentium recentissimi (3 vols . 8vo, 1781-1795) contains treaties from 1735 to 1772 . The 8vo Recueil of G . F. de Martens, continued by C. de Martens,
See also:Saalfeld, Murhard, K .
F . Samwer, K . Hopf, F . Stoerk and H . Triepel, commenced in 1791 with treaties of 1761, and is still in progress . Theseries in 1910 extended to eighty-eight volumes; that for 1910 being the third of the Nouveau recueil general (231°e serie) . See also the Recueil international des traites de xxe siecle (1904, sqq.), by Descamps en Renault, and the following periodical publications: Das Staatsarchiv, Sammlung der officiellen Actenstaicke zur Geschichte der Gegenwart (
See also:Leipzig, commencing in 1861); Archives diplomatiques (
See also:Stuttgart, since 1821); Archives diplomatiques, recueil mensuel de diplomatie et d'histoire (Paris, since 1861); and Hertslet's
See also:British and Foreign State Papers, from the Termination of the War of 1814 to the Latest
See also:Period, compiled at the Foreign
See also:Office by the Libearian and Keeper of the Papers (London, since 1819, and still in progress) . ii . The more important collections of national treaties are those of MM . Neumann and de Plasson from 1855, and of the commission for modern history from 1903, for
See also:Austria; Beutner for the German
See also:Empire, 1883; C .
See also:Calvo for "1'Amerique latine, " 1862–1869; de Clereq for France, 1864–1908; De Garcia de la Vega for Belgium, 185o, &c., Lagemans and Breukelman for the
See also:Netherlands, 1858, &c . ; Sou&o for
See also:Greece, 1858; Count Solar de la
See also:Marguerite for
See also:Sardinia, 1836–1861; Olivart for Spain, 189o, &c.; Da Castro for
See also:Portugal, 1856–1899;
See also:Rydberg for Sweden, 1877; Kaiser, 1861, and Eichmann, 1885, for
See also:Switzerland; Baron. de Testa, 1864, &c., Aristarchi Bey 1873–1874, and Effendi Noradounghian, 1897–1903, for
See also:Turkey; F. de Martens for Russia (the 9 vols. published 1874–1907 contain the treaties made by Russia with Austria, Germany, Great Britain and France respectively) ; W .
F . Mayers for
See also:China, 1877 . The official publication for Italy begins in 1864 (see also the collection by
See also:Luigi Palma, 1879, &c.), for Spain in 1843, for Denmark in 1874 . The treaties of
See also:Japan were published by authority in 1899 . Those of the United States are contained in the Statutes at Large of the United States, and in the Treaties, Conventions, etc., between the United States of
See also:America and Other Powers, 1776–1909 (
See also:Washington, 1910); also in the collections of J .
See also:Elliott (1834) and H .
See also:Minot (1844–1850), see also Mr
See also:Davis's Notes upon the Treaties of the United States with other Powers, preceded by a
See also:list of the Treaties and Conventions with Foreign Powers, chronologically arranged and followed by an
See also:Index and a Synoptical Index of the Treaties (1893) . In England no treaties were published before the 17th century, such matters being thought " not
See also:fit to be made vulgar . " The treaty of 1604 with Spain was, how-ever, published by authority, as were many of the treaties of the
See also:kings' .
See also:Rymer's Foedera was published, under the orders of the government, in twenty volumes, from 1704 to 1732; but for methodical collections of the earlier British treaties we are indebted to private enterprise, which produced three volumes in 1710-1713, republished with a
See also:volume in 1732 . Other three volumes appeared in 1772-1781, the collection commonly known as that of C . Jenkinson (3 vols.) in 1785 and that of G .
See also:Chalmers (2 vols.) in 1795 . The
See also:recent treaties made by Great Britain, previously dispersed through the numbers of the London
See also:Gazette or embedded in masses of
See also:correspondence presented to parliament at irregular intervals, are now officially published as soon as ratified in a special 8vo . " Treaty Series " of parliamentary papers commenced in 1902 . J . Macgregor published (1841–1844) eight volumes of commercial treaties, but the great collection of the. commercial treaties of Great Britain is that of L . Hertslet, librarian of the foreign office, continued by his son, Sir Edward Hertslet, and later holders of the same office, entitled A
See also:Complete Collection of the Treaties and Conventions and Reciprocal Regulations at present subsisting between Great Britain and Foreign Powers, and of the
See also:Laws and Orders in Council concerning the same, so far as they relate to Commerce and Navigation, the Slave Trade,
See also:Post Office, &c., and to the Privileges and Interests of the Subjects of the Contracting Parties (24 vols., 1820-1907) . Sir Edward Hertslet also commenced in 1875 a series of volumes containing Treaties and Tariffs regulating the Trade between Britain and Foreign Nations, and Extracts of Treaties between Foreign Powers, containing the Most Favoured Nation Clauses applicable to Great Britain . Both of these publications are still continued . He also published, in 1891, Treaties, &c., concluded between Great Britain and
See also:Persia, and between Persia and Foreign Powers; and, in 1896, a similar work on treaties with China The treaties affecting British India are officially set out, with
See also:historical notes, in A Collection of Treaties, Engagements and Sannuds relating to India and Neighbouring Countries, by C . V . Aitchison . This work, with the index, extends to eight volumes, which appeared at
See also:Calcutta in 1862-1866 .
A continuation by A . C .Talbot was published in 1876, and it was brought up to date by the government of India in 1909 . Useful lists of national collections of treaties will be found in the Revue de droit international for 1886, pp . 169-187, and in the
See also:Marquis Olivart's
See also:Catalogue de ma bibliotheque (1899-1910) . It may be worth while to add a list of some of the more important treaties, now wholly or partially in force, some of which are List of discussed under separate headings, especially those important to which Great Britain is a party, classified
See also:ing to their objects, in the
See also:order suggested above . i . The
See also:principal treaties affecting the distribution of territory between the various states of Central Europe are those of Westphalia (
See also:Osnabruck and Munster), 1648; Utrecht, 1713; Paris and
See also:Hubertusburg, 1763; for the
See also:partition of Poland, 1772, 1793; Vienna, 1815; London, for the separation of Belgium from the Netherlands, 1831, 1839; Zurich, for the cession of a portion of
See also:Lombardy to Sardinia, 1859; Vienna, as to
See also:Schleswig-Holstein, 1864;
See also:Prague, whereby the German
See also:Confederation was dissolved, Austria recognizing the new
See also:North German
See also:Con-federation, transferring to Prussia her rights over Schleswig-Holstein, and ceding the
See also:remainder of Lombardy to Italy, 1866;
See also:Frankfort, between France and the new German Empire, 1871 . The disintegration of the
See also:Ottoman Empire has been regulated by the Great Powers, or some of them, in the treaties of London, 1832, 1863, 1864, and of Constantinople, 1881, with reference to Greece; and by the treaties of Paris, 1856; London, 1871; Berlin, 1878; London, 1883, with reference to
See also:Montenegro, Rumania,
See also:Servia, Bulgaria and the navigation of the
See also:Danube . The encroachments of Russia upon Turkey, previous to the
See also:Crimean War, are registered in a series of treaties beginning with that of Kuchuk-Kainarji, 1774, and ending with that of Adrianople in 1829 . The independence of the United States of America was acknowledged by Great Britain in the treaty of peace signed at Paris in 1783 . The boundary between the United States and the British possessions is regulated in detail by the treaties of Washington of 1842, 1846, 1871, 1903 and 1908 .
The territorial results of the war of 1898 between the United States and Spain are registered in the treaty of 1899, and those of the Russo-
See also:Japanese War in the treaty of Portsmouth of 1905 . Various causes of possible misunderstanding between Great Britain and France were removed by the convention of 1904; and a similar treaty was concluded with Russia in 1908 . The navigation of the
See also:Suez Canal is regulated by a treaty of 1888, and that of the future
See also:Panama Canal by one of 1901 . The boundaries of the territories, protectorates and
See also:spheres of influence in Africa of Great Britain, Germany, France, Italy, Belgium and Portugal have been readjusted by a series of treaties, especially between the years 1885 and 1894 . Switzerland, Belgium, Corfu and Paxo and Luxemburg are respectively neutralized by the treaties of Vienna, 1815, and of London, 1839, 1864, 1867 . A list of treaties of guarantee supposed to be then in force, to which Great Britain is a party, beginning with a treaty made with Portugal in 1373, was presented to parliament in 1859 . Treaties of alliance were made between Great Britain and Japan in 1902 and 1905 . ii . For the innumerable conventions, to which Great Britain is a party, as to commerce, consular jurisdiction,
See also:fisheries and the slave trade, it must suffice to refer to the exhaustive and skilfully devised index to vols . 1–21 of Hertslet's Commercial Treaties, published in 1905 as vol . 22 of the series . iii .
The social intercourse of the
See also:world is facilitated by conventions, such as those establishing the Latin monetary union, 1865; the international telegraphic union, 1865; the universal postal union, 1874; the international bureau of weights and measures, 1875; providing for the protection of submarine cables in time of peace, 1884; the railway
See also:traffic union, 189o . Such treaties, now very numerous, are somewhat misleadingly spoken of by recent writers (L. von Stein and F. de Martens) as constituting a " droit administratif international." iv . For the now operative treaties of extradition to whichGreat Britain is a party, it will be sufficient to refer to the article EXTRADITION . It may be observed that all of them, except the treaty of 1842, now, however, varied by one of .1889, with the United States, are subsequent to, and governed by, the provisions of 33 & 34 Vict . C . 52, The Extradition Act 187o . Before the passing of this general act it had been necessary to pass a special act for giving effect to each treaty of extradition . The most complete collection of treaties of extradition is that of F . J . Kirchner, L'Extradition, Recueil, F&°c . (London, 1883) . v .
General conventions, to which most of the European states are parties, were signed in 1883 at Paris for the protection of
See also:industrial, and in 1886 at
See also:Bern for the protection of
See also:literary and
See also:property, and, from 1899 onwards, a series of general treaties, to none of which is Great Britain a party, have been signed at the
See also:Hague, as the result of conferences, invited by the government of the Netherlands, for solving some of the more pressing questions arising out of " the conflict of laws." ' vi . Quasi-legislation by treaty has been directed mainly to encouraging the settlement of international disputes by peaceful methods, and to regulating the conduct of warfare . The first peace
See also:conference, held at the Hague in 1899, devoted much time to producing the generally accepted " Convention for the Pacific Settlement of International Disputes." An important achievement of this convention was the
See also:establishment at the Hague of an international tribunal, always ready to arbitrate upon cases submitted to it; and the convention recommended recourse not only to arbitration, but also to
See also:good offices and
See also:mediation, and to international commissions of inquiry . This convention has now been superseded by the revised and amplified edition of it adopted by the second peace conference in 1907 . The provisions of neither convention are obligatory, but merely " facultative," amounting only to recommendations . Great efforts were made, especially in 1907, but without success, to draft a generally acceptable convention, making resort to arbitration compulsory, at any
See also:rate with reference to certain classes of questions . In the meantime, however, agreements of this nature between one power and another have multiplied rapidly within the last few years (see ARBITRATION) . Certain bodies of rules intended to mitigate the horrors of war have received the adhesion of most civilized states . Thus the declaration of Paris, 1856 (to which, however, the United States,
See also:Venezuela and
See also:Bolivia have not yet formally acceded), prohibits the use of privateers and protects the commerce of neutrals; the Geneva conventions, 1864 and 1906, give protection to the wounded and to those in attendance upon them; the St Peters-
See also:burg declaration, 1868, prohibits the employment of explosive bullets weighing less than 400 grammes; and the three Hague declarations of 1899 prohibit respectively (1) the launching of projectiles from balloons, (2) the use of projectiles for spreading harmful gases, and (3) the use of expanding bullets . The second ' Hague conference, of 1907, besides revising the convention made by the first conference, of 1899, as to the laws of war on
See also:land, produced new conventions, dealing respectively with the opening of hostilities; neutral rights and duties in land warfare; the status of enemy
See also:ships at the outbreak of war; the con-version of merchant ships into ships of war; submarine mines;
See also:bombardment by naval forces; the application of the Geneva principles to naval warfare; the rights of maritime capture; the establishment of an international prize
See also:court; and neutral rights and duties in maritime warfare . These conventions, as well as a republication of the first Hague declaration, which had in 1907 expired by efflux of time, have been already largely ratified . It were greatly to be wished that the official publication of treaties could be rendered more speedy and more methodical than it now is .
The labours of the publicist would also be much lightened were it possible to consolidate the various general collections of diplomatic acts into a new Corps diplomatique universel, well furnished with
See also:cross references, and with brief annotations showing how far each treaty is supposed to be still in force . Literature.—In addition to the
See also:works already cited in the course of this article the following are for various reasons important . Joh . Lupus, De confederatione principum (Strassburg, 1511, the first published monograph upon the subject) ; Bodinus, Dissertatio de contractibus summarum potestatum (
See also:Halle, 1696) ; Neyron, De vi foederum inter gentes (
See also:Gottingen, 1778); Neyron, Essai historique et politique sur les garanties, &c . (Gottingen, 1797) ; Wachter, De modes tollendi pacta inter genies (Stuttgart, 178o) ; Dresch, Ueber die Dauer der Volkervertrage (
See also:Landshut, 18o8); C . Bergbohm, Staatsvertrage and Gesetze als Quellen des Volkerrechts (Dorpat, 1877);
See also:Jellinek, Die rechtliche Natur der Statenvertrage (Vienna, 1880) ; D . Donati, Trattati internazionali nel diritto costituzionale (1907); Holzendorff, Handbuch des Volkerrechts (1887) vol. iii.; Fleischmann, Volkerrechtsquellen in Auswahl herausgegeben, (1905) ; de Lapradelle, Recueil des arbitrages internationaux (1905); J . B .
See also:Moore, History and
See also:Digest of the International Arbitrations to which the United States has been a Party (1898) 6 vols . For a list of the principal " concordats," see Calvo, Droit international theorique et pratique t. i . On the history of the great European treaties generally, see the Histoire abregee des traites de paix entre les puissances de l'Europe, by Koch, as recast and continued by
See also:Scholl (1817 and 1818), and again by Count de
See also:Garden in 1848–1859, as also the Recueil
See also:manuel of De Martens and Cussy, continued by Geffcken . For the peace of Westphalia, Putter's Geist des westphalischen Friedens (1795) is useful; for the congress of Vienna Kluber's Acten des Wiener Congresses (1815–1819) and Le Congris de Vienne et les traites de 1815 precede des conferences de Dresde, de Prague et de
See also:Chatillon, suivi des Congres d'Aix-la-Chapelle, Troppau, Laybach et Verone, by Count Angeberg .
The last-mentioned writer has also published collections of treaties relating to Poland, 1762–1862; to the
See also:Italian question, 1859; to the Congress of Paris, 1856 and the revision of its work by the Conference of London, 1871; and to the Franco-German War of 187o-71 . For the treaties regulating the Eastern question see The European Con- and having been much silted up, so that vessels cannot approach cert in the Eastern Question, by T . E .
See also:Holland (1885) and La Turquie within a considerable distance of the
See also:shore . From here the et le Tanzimat, by E . Engelhardt (1882–1884) . (T . E .
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