Commercial Treaties

treaty, vessels, war, free, nation, united, clause and favored

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The Belgian treaty (1875) reserves the right on the part of Belgium to grant special importa tion privileges to products of her national fish eries, and provides for the termination of the most favored nation clause by either party by one year's notice, without affecting the other provisions of the treaty.

The Bolivian treaty (1858, proclaimed 1863) makes reservation of waterways artificially rendered navigable, while opening freely all others under terms of the favored nation pro vision. This treaty also grants, reciprocally, the right of refuge or asylum to vessels of either country, °whether merchant or of war,' from °stress of weather, pursuit of pirates or of enemies . . . giving them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.' All the provisions of this article apply to privateers or private vessels of war as well as to public until the two countries relinquish this right in consideration of the general relin quishment of the right of capture of private property upon the high seas.

Free Ships and Free Goods.— In the Bo-: livian treaty and other treaties of about that period, some of which, like that of Bolivia, are still in force, the following broad principle of international law is made: °The two High Con tracting Parties recognize as permanent and immutable the following principle, to wit: (1) That free ships make free goods, that is to say, that the effects or goods belonging to the subjects or citizens of a Power or State at war are free from capture or confiscation when found on board a neutral vessel, with the ex ception of articles contraband of war. (2) That the property of neutrals on board an enemy's vessel is not subject to confiscation unless the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the com merce and navigation of all such Powers and States as shall consent to adopt them as per manent and immutable?' The treaty enumerates articles which shall be regarded as contraband of war, limiting these to arms, mimitions, uniforms, horses and actual military equipment, and extending liberty of navigation to all merchandise other than the character of articles enumerated.

In case of war between the hvo countries, the merchants of either doing business within the territory of the other must depart within six months if on the coast or within one year.if in the interior. All of other occupation may remain.

The Brazilian treaty (1828), of similar char acter, was abrogated in 1841, except as to the most favored nation clause and general provisions for freedom of commerce and navi gation. A reciprocity treaty made in 1906 was terminated under provisions of the United States Tariff Act of 1909.

The Chilian treaty (1832), similar to that with Bolivia, was abrogated in 1850.

The Chinese treaty of 1903 re-enacts pro visions of treaties then in force except in so far as they are modified by other treaties to which the United States is a party. The broadest most tavored nation clause is provided by this treaty. The °spheres of influence)) open door is provided by agreement of the Powers.

The Colombian treaty (1846) contains the °Free ships make free goods" article of the Bolivian treaty, to which it is similar.

The Cuban relations (1902) are exceptional, articles from the Island being admitted to the United States at a reduction of 20 per cent and articles to Cuba at a reduction of from 20 to 40 per cent.

The treaty with Denmark omits the most favored nation clause.

The Dominican treaty was abrogated in 1898. Now the United States supervises the collection and application of Dominican rev enues.

The Ecuadorian treaty (1839) was termi nated in 1892.

In the treaties with Egypt and Ethiopia the most favored nation clause is incorporated.

The °temporary convention') entered into with France in 1822, for two years, or °until the conclusion of a definite treaty," is still in force. It provides ffiscriminating duties during -a period of four years only; so that now it provides that the "duties of tonnage, lighter money, pilotage, port charges, brokerage and all other duties on foreign shipping . . . shall not exceed in France, for vessels of the United States, five francs per ton of the vessel's Amer ican register; nor for vessels of- France in the United States, ninety-four cents per ton of the vessel's French passport)); and that no dis criminating dues shall be levied by either coun try on goods transported in vessels of the other.

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