full powers, to be exhibited and copies of which are furnished. by and to each other. These letters show the scope of the minister's power. He is ordinarily furnished with instructions which he is not required and it would usually be injudicious to communicate to the other party. Where the people of the two nations speak different languages, duplicates are usually drawn, one in each language. Both are deemed original and entitled to equal consideration." Conventions to which many nations are parties are usually in a single original, written in the language agreed on, the French being the favorite where the parties speak many different languages. If translations are also made and signed, provision is made in the treaty itself for the deposit of the original in the foreign office of a party named. Thus the Hague Conventions were deposited with the government of the Netherlands. Early writers regarded the sovereigns as bound by the acts of their plenipotentiaries in making treaties within the scope of their full powers," but ratification by the proper officers or body in each government having power to do so is now generally understood to be necessary before the treaty takes effect. In the distribution of the powers of government in the different nations there is much diversity as to the ratification of treaties. 48 The Constitution of the United States in the enumeration. of the powers of the President provides that-"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur." The established practice is for the President to submit the treaties which he has caused to be negotiated to the Senate for ratification. The Senate then either ratifies, amends, or rejects the treaty. Where a treaty fails of ratification when submitted to the Senate, the vote is not neces 45 Wheaton §§ 217-218. 46 Crandall, Treaties, their Making and Enforcement, § 169. 47 Pothier on Obligations, Pt. 1, c. 1, Art. V, § 4. Grotius B. 2, c. xi, § 12. Vattel B. 2, c. xii, § 156. 48 Crandall, Treaties &c, § 155. 49 Const. of U. S., Art. 2, Sec. 2. sarily final but may be reconsidered and further action taken.50 If the treaty is amended the amendment must of course be agreed to by the other party before it takes effect. After full ratification by both parties the President proclaims the treaty and it then becomes the law of the land.51 As respects the rights of either government under it, a treaty is considered as concluded and binding from the date of its signature, but in the United States it only becomes the law of the land affecting the rights of individuals upon proclamation by the President.52 While a treaty so made ratified and proclaimed is regarded as binding on the United States, it may fail of execution for want of the necessary legislation to carry it into effect, unless such legislation is obtained before the final exchange of ratifications. Under the distribution of governmental powers in the United States, Congress may refuse to appropriate money or pass laws necessitated by the treaty, or state legislatures may fail to give effect to its provisions. The President and Senate, though clothed with full power to make the treaty, have no power to compel Congress or the States to act. 53 In Great Britain the power to make treaties is a prerogative of the Crown, but in fact exercised by a ministry responsible to Parliament. This power includes that of ratification, and it is not the practice to submit treaties to Parliament before ratification. Where legislation is necessary to carry the treaty into effect, it is customary to procure the legislation in advance of the exchange of ratifications. In discussing the rule as to ratification of British treaties in the House of Lords, Earl Grey said: "Ever since I have been in Parliament I have invariably heard the rule of our Constitution and of Parliament stated by the highest authorities to be this-that treaties were never to be laid before Parliament until they had been ratified; that the responsibility of ratifying or refusing ratification 50 Ex. Journal IX, 306, 312, X, 139, 144. XXIV, 141, 205, XXX, 358, 359, 377, 378. 51 Moore Int. L. Dig. V, 210. 52 U. S. v. Arredondo, 6 Peters, 691, 748. Hower v. Foker, 9 Wall. 32. 53 Wheaton 266. Foster v. Neilson, 2 Peters, 314. rested with the ministers; that when a treaty had been ratified it was quite competent for Parliament to censure the conduct of ministers, and that the Crown had never been in the habit of abdicating responsibility and presenting treaties before they were signed." Later Mr. Asquith, replying to a question, said that if a treaty involved any alteration of statute law the assent of Parliament was needed, and if it required funds to carry it into effect it would be proper to submit the matter to the House before the treaty was ratified.55 In France the power to make and ratify treaties is defined by Article VIII of the Constitutional law of 1875 which provides that the President of the Republic negotiates and ratifies the treaties. He is to inform the Chambers in regard to them as soon as the interest and safety of the state permit. Treaties of peace, of commerce, that engage the finances of the State, those that relate to the status of persons and to the right of property of Frenchmen abroad are not definitive until they have been voted by the two Chambers. From this it appears that treaties of the excepted classes require full legislative sanction in France before they become operative. The legislative approval is given in the form of a law authorizing the President to ratify the treaty and cause it to be executed. This action, like that of the Senate of the United States, regularly follows the signing and precedes the ratification of the treaty." 56 57 The King of Belgium makes treaties but "Treaties of commerce or imposing obligations on the Belgians must be ratified by both houses," and "No act of the King shall have any effect, if it be not countersigned by a Minister who, by this act alone, makes himself responsible."58 For The Netherlands the king makes and ratifies treaties but, treaties that contain provision for changes of the territory of the state, that impose on the kingdom pecuniary obligations, or that contain any other provision concerning rights estab 54 Hansard's Debates, CCVI, 1106. 55 197 Parl. Debates, 1236. 56 Dodd, Modern Constitutions, I, 292. 57 Crandall, Treaties &c., § 130. 58 Const. of Belgium, Art. 64. lished by law shall not be ratified by the King until after their approval by the States-General, unless the power has been given the King by law to conclude such treaty." The Constitution of Italy contains similar provisions. The King makes treaties, but those that involve financial obligations, or a change of territory of the state, do not have effect till they have received the assent of the Chambers. Legislative approval is given in the form of a law authorizing the treaty to be carried into effect. 60 The King of Spain has power to make treaties but requires authorization by law: To alienate, cede or exchange any part of Spanish territory; To incorporate any other territory into Spanish territory; To admit foreign troops into the kingdom; To ratify treaties of offensive alliance, special treaties of commerce, those that stipulate to give subsidies to any foreign power, and all those that may be binding individually on Spaniards." 61 For Switzerland treaties are negotiated by the Federal Council and ratified by the National Assembly.62 The Cantons like the American States are forbidden to make treaties with foreign nations. 63 The kings of Sweden, Norway, Denmark and the Balkan States make treaties, the King of Sweden after consultation with the Minister of State and two other members of the Council of State, but he cannot dispose of any part of the kingdom. A similar restriction is placed on the power of the King of Denmark and also prohibiting him from entering into any engagement for a change of the existing constitution. In the Balkan States legislative assent is necessary in certain cases. The Emperor of Japan has full power to make and ratify treaties.65 64 59 Dodd, Modern Constitutions, II-91. For Mexico and Cuba treaties are made by the President but must be ratified by the Senate. In all the other American Republics legislative ratification is required." 66 In the manner pointed out by the constitutions of the various nations respectively treaties in very great number have been negotiated and ratified by the nations. A very large majority of these treaties are between pairs of states and do not purport to affect other states. The influence of these treaties. in promoting peaceful relations and commercial intercourse has been very great. The instances in which nations refuse to fulfill their treaty obligations are rare and exceptional. Like contracts between private persons, they fix the rights of the parties, and afford their citizens rules of property and of conduct. Where all their provisions are given the same interpretation by both parties and faithfully observed, the relations of the nations that are parties to them in the field covered by the treaty are satisfactorily adjusted. But with them, as with private contracts, there are cases in which the parties disagree as to the meaning of the treaty, and cases in which one of the parties refuses to abide by its terms. If the parties to a private contract differ as to its meaning there is in every civilized state a court with power to decide between them on the application of either party and due notice to the other. If one party refuses to perform his obligation the court has power to and will compel him to do so. When nations disagree as to the meaning of their contracts or refuse to abide by them there is no court to resort to. The various arbitration treaties that have been entered into, except that of the Central American Republics with each other, require another treaty, designating the arbitrators and stating the question to be submitted to their decision. Having made an award the arbitrators have no power to enforce performance of it. Arbitration has) been very useful in settling disputes between nations mutually desirous of maintaining friendly relations. It fails utterly if one of the parties is seeking occasion for war. The alternatives presented to the aggrieved party in case of the violation 66 Crandall, Treaties &c., § 153. |