specific in requiring the consent of the Rigsdag to treaties for the cession of any portion of territory, for the disposition of any of the revenues of the state, or by which charges on the state should be incurred. It is expressly provided in Article XLVII of the present constitution that no tax can be imposed, altered or abolished, no loan be assumed, nor any domains belonging to the state be alienated, except in virtue of a law. The ministers are responsible for the conduct of the government.88 The treaty signed January 24, 1902, for the cession to the United States of the Danish West Indies, failed because of the refusal of the Rigsdag to give its consent. It appears to be the practice not to ratify treaties that require legislation to render them effective and binding on individual subjects, or that involve an expenditure, until the necessary measures have been adopted by the Rigsdag.

84

$146. Spain. By the constitution of Spain (1876), Article LIV, sections 4 and 5, the King has the power to declare war, make peace, and to conduct diplomatic and commercial relations with other powers.85 He must, according to Article LV, be authorized by a special law: (1) to alienate, cede or exchange any part of Spanish territory; (2) to incorporate any other territory into Spanish territory; (3) to admit foreign troops into the kingdom; (4) 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. In no case can secret articles of a treaty annul public ones.86 The terms of this constitutional provision clearly in

83 Art. XII.

84 Marquardsen's Handbuch des öffentlichen Rechts, IV, pt. 2, div. 3, p. 75; Parl. Papers Cd. 6102, p. 6. See for the law of 1904, relating to copyright and its application to foreigners, 97 Brit. and For. State Papers 877, 888; the law of 1894, relating to patents, S. Doc. No. 20, 56th Cong., 2d Sess., 17. For the approval by the Rigsdag of arbitration treaties, see U. S. For. Rel., 1905, p. 292.

85 "Corresponde además al Rey: * * * 4°. Declarar la guerra y hacer y ratificar la paz, dando después cuenta documentada á las Cortes. 5°. Dirigir las relaciones diplomáticas y comerciales con las demás Potencias."

86 "El Rey necesita estar autorizado por una ley especial: 1°. Para enajenar, ceder ò permutar cualquiera parte del territorio español. 2o. Para incorporar cualquiera otro territorio al territorio español. 3°. Para admitir tropas extranjeras en el Reino. 4°. Para ratificar los tratados de alianza ofensiva, los especiales de comercio, los que estipulen dar subsidios á alguna Potencia extranjera, y todos aquellos que puedan obligar indi

dicate that the special law, when required, is a condition precedent to the validity of the treaty as an international compact. Before entering upon the final peace negotiations with the United States at Paris for the relinquishment and cession of territorial rights in accordance with the terms of the provisional protocol of August 12, 1898, the Spanish ministry obtained the authorization of the Cortes in secret session.8 87

$147. Portugal.-By Article LXXV of the original constitution of Portugal of 1826, the King retained the treaty-making power with the sole express limitation that treaties concluded in time of peace for a cession or exchange of territory should be approved by the Cortes. The article was completely changed by Article X of the act of amendment of July 5, 1852, which provided that every treaty, concordat and convention should, before ratification, be submitted for the approval of the Cortes in secret session.88 By Article XLVII, section 7, of the constitution of the republic (1911), the President is to negotiate treaties of commerce, peace, arbitration and other international conventions, submitting them to Congress for ratification. Treaties of alliance are to be submitted for the examination of Congress in secret session if twothirds of the members so request. The duty of deciding definitively on treaties and conventions is specifically given to Congress. 89

§148. Switzerland.-Under the constitution of Switzerland (1874), the power to make alliances and treaties for the Confederation is given to the Federal Assembly," the national legislative body, composed of the National Council and the Council of States. The negotiations are conducted by the Federal Council,01 the national executive body, consisting of seven members elected by the Assembly.92 The right to make peace and to conclude vidualmente á los españoles. En ningún caso los articulos secretos de un tratado podrán derogar los públicos." Manual para uso de los Señores Diputados (Madrid, 1907), 42. See for English translation, Brit. and For. State Papers, LXVII, 125.

87 Annual Register, 1898, (Chronicle of Events), p. 54.

88 Brit. and For. State Papers, L, 1276; XIII, 968.

89 Art. XXVI, Sec. 15. Revue du Droit Public, XXVIII, No. 4, p. 775; Hertslet's Commercial Treaties, XXVI, 840.

90 Art. LXXXV, sec. 5.

91 Art. CII, sec. 8.

92 The business of the Federal Council is distributed among seven departments, one of which is that of foreign affairs. Each of these is pre

treaties with foreign powers, particularly treaties relating to tariffs and commerce, is expressly delegated to the Confederation ;93 but the Cantons retain the power to make among themselves conventions upon legislative, administrative or judicial subjects,94 and to conclude with foreign powers treaties respecting the administration of public property, and border and police intercourse. The Cantons are expressly prohibited from entering into treaties of a political character;96 and every agreement entered into by a Canton is subject, on the protest of the Federal Council, or of another Canton, to the approval of the Federal Assembly." It is the duty of the Federal Court in cases within its jurisdiction to apply the laws and resolutions of the Federal Assembly, and to "conform to treaties which shall have been ratified by the Federal Assembly." The general extradition law of January 22, 1892, places extradition in the hands of the Federal Council.99

Some doubt has been entertained as to the power of the central government to give effect to a naturalization convention which would prescribe the conditions under which Swiss citizenship should be considered as having been forfeited.100 As to the general question of the treaty-making power of the Confederation, the conclusion has been reached, says Professor Moses, "that the limitation of powers drawn between the Union and the Cantons with respect to internal affairs does not define the power of the Union with respect to foreign relations."101 By the original constitution the powers of the central government extend to the pro

sided over by one of the Councillors. All decisions, however, emanate from the Council, four of the members of which must concur in order to render a valid decision. Winchester, The Swiss Republic, 97.

93 Art. VIII.

94 Art. VII. 95 Art. IX.

96 Art. VII.

97 Art. LXXXV, sec. 5. Text, Larned, History for Ready Reference, I, 588. See for instances of Cantonal agreements, Vincent, Government in Switzerland, 201; Deploige, Referendum in Switzerland (translation by Trevelyan), 172.

98 Art. CXIII.

99 Brit. and For. State Papers, LXXXIV, 671.

100 U. S. For. Rel., 1897, p. 557.

ΙΟΙ

Federal Government of Switzerland, 171. See also to the same effect Blumer, Handbuch des schweizerischen Bundesstaatsrechtes, I, 204.

tection of literary and artistic property, and, by an amendment of 1887, to the protection of patents.102 The posts and telegraphs are controlled by the Confederation.108 Switzerland is subject to the limitations of a permanently neutralized state.

$149. Greece.-Under the constitution of Greece (1864), treaties of peace, alliance and commerce are made by the King; but treaties of commerce and all others that include concessions that require, according to other provisions of the constitution, the sanction of a law, or that may burden the Greeks individually, are not effective until the assent of the legislature has been given.104 A cession or exchange of territory can be made only by virtue of a law. 105

§150. Balkan States.-In Servia, according to the constitution of 1889, (restored in 1903), the King makes treaties with foreign powers; but treaties of commerce, all treaties, the execution of which involves either a charge on the treasury or a modification of existing laws, as also all treaties that affect the public or private rights of Servian citizens, are not valid without the assent of the legislature.106 A similar provision is found in the constitution of 1869.107 The King of Roumania concludes with foreign states conventions of commerce and others of the same nature, but that these may have obligatory force they must be submitted to and approved by the legislature.108 In Servia as well as in Roumania the territory of the state is declared to be inalienable.109 The boundaries can be changed or rectified in Roumania only by virtue of a law,110 and in Servia, if the modification is of little importance, only with the consent of the national assembly, and if it is of real importance, only with the consent of the grand national assembly, the sovereign power of the state.111 In Montenegro, by the constitution of 1905, the King represents the state

102 Art. LXIV. 103 Art. XXXVI.

104 Art. XXXII.

105 Art. XXXIII. Brit. and For. State Papers, LVI, 575.

106 Art. LII.

107 Art. VIII.

108 Art. XCIII of the constitution of 1866, as amended in 1879 and 1884. Brit. and For. State Papers, LXXXI, 508; LXI, 1071; LVII, 273; LXXV, 1106.

in all its relations with foreign states, declares war, makes treaties of peace and alliance, communicating them to the national assembly as soon as the interests and safety of the country permit; but the assent of the national assembly is necessary in case of treaties of commerce, and of all other treaties that may entail either a charge upon the finances of the state, or a modification of the laws of the land, or restrictions on the public or private rights of Montenegrian citizens.112 The territory of the state is declared to be inalienable.113 In Bulgaria, treaties are concluded in the name of the King. Treaties of peace, those that engage the finances of the state, conflict with existing laws, or relate to the civil or public rights of Bulgarian subjects, are definitive only after they have been voted by the national assembly.113a The territory of the kingdom cannot be enlarged or diminished without the consent of the grand national assembly. Rectifications of boundaries in uninhabited regions may be made with the consent of the ordinary national assembly.

§151. Russia and Japan.—In Russia11 as also in Japan115 the

112 Art. VII.

113 Art. XXXVI. Brit. and For. State Papers, XCVIII, 419. 113a Art. XVII of the constitution of 1879 as modified in 1911.

114 Art. XIII of the Fundamental Law of May 9, 1906. Dodd, Modern Constitutions, II, 184. "By the fundamental laws of the Empire, sections 12 and 13, the Emperor is supreme arbiter of all relations of the Empire with foreign Powers, and to him is reserved the management of the international policy of Russia; he declares war and peace, and also concludes treaties with foreign Powers. This prerogative is jealously guarded, and all questions thus specifically assigned to the Emperor alone are understood to be excluded from the competence of the Legislature. Consequently foreign affairs can only be discussed in the Duma when the budget of the Ministry of Foreign Affairs is presented, after previous consideration by the Budget Commission. The functions of this commission are, however, purely financial, and no special commission exists to deal with foreign affairs such as exist for questions of defense, finance, legislative proposals, &c. The Minister for Foreign Affairs can make a statement on foreign policy only by special command of the Emperor. The Duma has, however, the same powers of refusing credits in the case of the budget of the Ministry of Foreign Affairs as in the case of the budgets of other Ministries.” Sir George Buchanan to Sir Edward Grey, February 5, 1912. Parl. Pap. Cd. 6102, p. 21.

115 Art. XIII of the constitution of 1889. Dodd, Modern Constitutions, II, 25. The imposition of a new tax or the modification of existing rates shall be made by law. Loans, or other charges on the treasury, require the consent of the imperial Diet. Art. LXII.