Grand Duke of Mecklenburg-Schwerin concluded, subject to the approval of the German Empire, with the King of Sweden and Norway, a convention for the cession to the former of Wismar. The approval of the Empire was given in a treaty with Sweden and Norway concluded on even date.58 A boundary agreement was concluded between Baden and Switzerland, December 21, 1906, the ratifications of which were exchanged, August 27, 1907, in which there was a mutual exchange of small tracts of territory. A convention expressly recognizing this agreement and giving it legal effect in Germany was concluded between Germany and Switzerland, October 29, 1907.59 Extradition with foreign countries, so far as not covered by the imperial law or treaties, may be regulated by the States.60

$142. Austria-Hungary.-In Austria-Hungary treaties are negotiated by the Emperor through the joint minister for foreign affairs. The latter consults the premiers of the two states, and is subject to the interpellations of the dual delegations.1 The Act

Paris, and Rome (Vatican and Quirinal), and Saxony at Vienna-foreign relations are now conducted almost entirely (a) in Germany, by the Imperial Foreign Office in Berlin, which was raised to federal status out of the Prussian Foreign Office in 1867, and (b) abroad, by the Ambassadors and Ministers appointed by the Emperor (see article 11)." Enclosure in despatch from Earl Granville to Sir Edward Grey, December 29, 1911. Parl. Pap. Cd. 6102, p. 10.

58 Brit. and For. State Papers, XCVI, 823, 824. 59 Id., C, 612, 614.

60 Moore, Extradition, I, 726.

61 "The Minister for Foreign Affairs being a 'joint' Minister, and as such forbidden to be a member of either the Austrian or the Hungarian Cabinet, only appears before the Delegations and not before either of the two Parliaments: and discussions on foreign affairs only take place in the latter bodies as the result of interpellations, which are addressed to the respective Prime Ministers. The joint Ministers cannot therefore lead the Parliaments, nor can the Parliaments control them. No direct influence can be exercised by either Parliament on the conduct of foreign affairs, nor is the Minister for Foreign Affairs in any way responsible to them. Thus, the occupation of Bosnia-Herzegovina was carried through by Count Andrássy against the wishes of both the Austrian and the Hungarian Parliaments. * * * These [delegations] consist of two bodies of sixty members each, of whom twenty are selected from the Upper House and forty from the Lower House of Austria and Hungary respectively. These members are elected annually, and meet simultaneously (though separately) in Vienna and Budapest alternately. The functions of the Delegations are, however, limited. In the sphere of foreign affairs, beyond passing the

of Union, in section 8 of Law XII as passed in 1867 by the Hungarian Parliament, and in section I of the Fundamental Law concerning joint affairs62 of December 21, 1867, as passed by the Austrian Reichsrath, in declaring foreign affairs to be common to the two states, contains the provision that the approval of treaties in so far as the constitutions of the two states require is reserved to the respective legislatures, i. e. the Austrian Reichsrath and the Hungarian Parliament. It is, therefore, necessary to look to the constitutions of the two countries in order to determine what treaties, if any, require legislative approval.

64

The five Fundamental Laws of December 21, 1867 form the body of the Austrian constitution. By article 6 of the Fundamental Law, concerning the exercise of executive power, the Emperor concludes treaties. For the validity of treaties of commerce and those that may burden the state or a portion of it, or impose obligations on individual subjects, the consent of the Reichsrath is necessary. Section II of the law, concerning imperial representation, also enumerates among the duties of the Reichsrath the examination and approval of treaties of commerce, and all treaties that may burden the kingdom or a part of it, or impose obligations on individual subjects, or have as a result a territorial change in the kingdoms and lands represented in the Reichsrath.65 Governmental power is to be exercised through responsible ministers.66

The constitution of Hungary is not contained in any single document, but is made up of laws and charters, some of which

estimates, their only duty is to receive information from the joint Minister for Foreign Affairs-in fact, to give him an opportunity of making statements." Enclosure in despatch from Mr. Russell to Sir Edward Grey, January 6, 1912. Parl. Pap. Cd. 6102, p. 2.

62 R. G. B. 146.

63 Oesterreich, Gesetze, XIX, 101, supplement, 83.

64 "Der Kaiser schliesst die Staatsverträge ab. Zur Gültigkeit der Handelsverträge und jener Staatsverträge, die das Reich oder Theile desselben belasten oder einzelne Bürger verpflichten, ist die Zustimmung des Reichsrathes erforderlich." R. G. B. 145. Id., 100.

65 "Es gehören daher zum Wirkungskreise des Reichsrathes: (a) die Prüfung und Genehmigung der Handelsverträge und jener Staatsverträge, die das Reich oder Theile desselben belasten, oder einzelne Bürger verpflichten, oder eine Gebietsänderung der im Reichsrathe vertretenen Königreiche und Länder zur Folge haben." R. G. B. 141. Id., 42.

65 Art. II.

are of early date. According to Hungarian writers, all treaties that may change the internal organization of the state, or touch upon the rights of the legislature to concur in levying taxes, in making expenditures, or in furnishing recruits, or that may cause a change of territory, require the approval of Parliament before they can be given effect."7

The commercial relations between the two countries are regulated by agreement, entered into in accordance with section 2 of the Fundamental Law and Act of Union of Austria, and section 61 of the Hungarian Law XII. As entered into in 1867, it was subject to termination at the end of every ten years; but it was with modifications successively renewed until 1897. On the failure of the Austrian Reichsrath to provide for its renewal in that year, it was provisionally extended by decrees of the Emperor until 1907, when it was renewed by legislative acts of the two states. This agreement provides that while it continues in force the two countries shall form a customs and commercial union. Treaties that have for their object the regulation of commercial relations abroad, especially those relating to commerce, tariffs, navigation, consuls, posts and telegraphs, are equally binding on the territories of the two states. The negotiation and conclusion of such treaties, subject to the constitutional consent of both legislatures, takes place through the common minister of foreign affairs on the basis to be agreed upon between the Governments of the two states.68

§143. Sweden."-By Article XII of the constitution of 67 Ulbrich, Marquardsen's Handbuch des öffentlichen Rechts, IV, pt. I, div. I, p. 150.

68 Art. III.

Gesetze, XIX, 325, 326; Osterreich Reichsgesetzblatt (1907), No. 129. See, also, Id., (1908), No. 124.

69 Prior to the dissolution in 1905 of the union of Sweden and Norway, the King by virtue of Article IV of the Act of Union of 1815 had the power to make peace, to conclude or dissolve treaties, and to send and receive diplomatic representatives. Martens, Nouveau Recueil des Traités, II, 612. Negotiations not only for Sweden alone, but also for the united kingdoms, were conducted on the advice of the Swedish minister. In those that touched upon matters relating to both kingdoms or to Norway alone, the Norwegian minister, who with two councillors represented Norway in the common council at Stockholm, was admitted into the ministerial council, in which all diplomatic affairs were discussed. Treaties were often concluded separately for the two countries. Numerous postal, telegraphic, and extradition conventions were so concluded. The postal union convention concluded at Washington, June 15, 1897, and the international telegraphic agreement concluded at Budapest, July 22, 1896, were

Sweden (1809), the King has the power to conclude treaties and alliances with foreign powers, after consultation with the minister of state and two other members of the council of state, including the minister for foreign affairs.70 All diplomatic correspondence with foreign powers or with Swedish diplomatic representatives abroad is to take place, without regard to its character, through the minister for foreign affairs." It is expressly provided in the constitution that no new taxes can be imposed," or loans or new debts contracted, without the consent of the Rigsdag." No part of the kingdom can be disposed of by sale, gift or otherwise."

§144. Norway.-By Article XXVI of the constitution of Norway (1814), the King has the power to commence war and conclude peace, to enter into and break off alliances, and to send and receive ambassadors.75 In the enumeration of the powers of the

signed by different representatives on the part of the two kingdoms. Treaties for the modification of customs duties were frequently concluded for the two countries separately. For instance, on June 11, 1895, two distinct commercial treaties were concluded with Belgium, the one for Sweden, and the other for Norway. 87 Brit. and For. State Papers 493, 834. Commercial treaties, which applied to Norway alone, were concluded March 22, 1894, with Switzerland, and December 31, 1895, with Portugal. 86 Id. 1024; 87 Id. 534.

70 "Konungen eger att i afhandlingar och förbund med främmande magter inga, sedan han, i den ordning föregaende paragraf stadgar, deröfver hört statsministern, ministern för utrikes ärendena och nagon annan tillkallad statsradets ledamot eller, der ministern för utrikes ärendena tillika är statsminister, tva andra tillkallade statsradets ledamöter." Text as printed by Oscar Alin at Stockholm 1891. For English translation, see Dodd, Modern Constitutions, II, 219; Larned, History for Ready Reference, I, 581.

71 Art. XI. This section likewise describes in detail the manner in which all questions of foreign affairs shall be considered by the King and the minister of state and the two other members of the council of state, including the minister for foreign affairs.

72 Art. LXXIII.

73 Art. LXXVI.

74 Art. LXXVIII. "The treaty-making power is vested in the King in Council, but any treaty affecting taxation or finance, or entailing a loan or a cession of territory, must be submitted to the Parliament." Parl. Pap. Cd. 6102, p. 24.

75 "Kongen har Ret til at sammenkalde Tropper, begynde Krig og slutte Fred, indgaa og ophæve Forbund, sende og modtage Gesandter." Grundloven. Printed at Christiania, 1893. See also French text of constitution with changes to May 25, 1905, enclosure in despatch from Norway, October 5, 1906; English translation by H. L. Braekstad (London, 1905); Dodd, Modern Constitutions, II, 123.

76

Storthing in Article LXXV (g), there is expressly included the power to have communicated to it the alliances and treaties which the King has entered into with foreign powers, with the exception of secret articles, which, however, shall not conflict with the public ones. All orders issued by the King, with the exception of matters of military command, are to be countersigned by the minister of state." The kingdom of Norway is declared to be a free, independent, indivisible and inalienable state.78 The military and naval forces cannot be employed in an offensive war without the consent of the Storthing." To the Storthing belongs the power to enact and repeal laws, to impose taxes, imposts, duties and other public burdens.80 In treaties stipulating for special reductions in customs duties a clause is often inserted expressly providing for their approval by the Storthing. Such clauses are found in the commercial treaties concluded with Switzerland, March 22, 1894, with Belgium, June 11, 1895, and with Portugal, December 31, 1895.81

§145. Denmark.-By Article XVIII of the constitution of Denmark (1849, revised in 1866), the King declares war and concludes peace; he also enters into and breaks off alliances and commercial treaties; but he cannot, without the consent of the Rigsdag, cede any part of the country or enter into any engagement for a change in the existing constitutional organization.82 The original article (XXIII) in the constitution of 1849 was

76 "Det tilkommer Storthinget: * (g) at lade sig meddele de Forbund og Traktater, Kongen, paa Statens Vegne, har indgaaet med fremmede Magter, med Undtagelse af hemmelige Artikler, som dog ei maa stride mod de offentlige."

77 Art. XXXI.

78 Art. I.

79 Art. XXV.

80 Art. LXXV, (a).

81 See as to the practice of submitting such treaties for the approval of the Storthing, Professor Aschehoug, Marquardsen's Handbuch des öffentlichen Rechts, IV, pt. 2, div. 2, pp. 18, 19; A. Færden, Political Constitution and Administration in Norway, 178.

82 "Kongen erkloerer Krig og flutter Fred, samt indgaaer og ophæver Forbund og Handelstractater; dog kan han ikke uden Rigsdagens Samtykke afstaae nogen Del af Landet, eller indgaae nogen Forpligtelse, som forandrer de bestaaende statsretlige Forhold." Samling af Love og Anordninger (1865-1869), 146. See for English translation, Brit. and For. State Papers, LVIII, 1235; for German translation, Marquardsen's Handbuch des öffentlichen Rechts, IV, pt. 2, div. 3, p. 74.