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While recognition must proceed from the political department of the government of the recognizing state, there is no fixed method in accord with which recognition should be given. Recognition may be a formal state act, as by treaty, proclamation, declaration, or implied, from the reception or sending of a diplomatic agent, the grant of an exequatur, the official salute of the flag,12 or other act of similar significance.

The recognition may be individual by one state, as in the case of the recognition of the United States by the Netherlands in 1782, or collective, by a group of states, as in the case of the Congo Free State at the Conference of Berlin in 1884. Recognition of a state is irrevocable and absolute, unless granted under specific reservations or conditions.

In 1903 the United States recognized Panama as a state. On occasion of the presentation of his letter of credence on November 13th, the Minister of Panama said:

"Mr. President: In according to the minister plenipotentiary of the Republic of Panama the honor of presenting to you his letters of credence, you admit into the family of nations the weakest and the last-born of the republics of the New World."

The President in his reply said:

"Mr. Minister: I am much gratified to receive the letters whereby you are accredited to the government of the United States in the capacity of envoy extraordinary and minister plenipotentiary of the Republic of Panama.

"In accordance with its long-established rule, this government has taken cognizance of the act of the ancient territory of Panama in reasserting the right of self-control, and, seeing in the recent events on the Isthmus an unopposed expression of the will of the people of Panama and the confirmation of their declared independence by the institution of a de facto government, republican in form and spirit, and alike able an 1 resolved to discharge the obligations pertaining to sovereignty,

United States and England, His Majesty and the said United States shall make it a common cause and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies."

12 Declaration of the United States, April 22, 1884.

we have entered into relations with the new republic. It is fitting that we should do so now, as we did nearly a century ago when the Latin peoples of America proclaimed the right of popular government; and it is equally fitting that the United States should, now as then, be the first to stretch out the hand of fellowship and to observe toward the new-born state the rules of equal intercourse that regulate the relations of sovereignties toward one another." 18

It is usually maintained that recognition of statehood by the family of nations, though subsequent to the time when the recognized state has declared its independence, does not determine the date of the beginning of the state recognized. As was said in the Supreme Court of the United States in 1796: "From the 4th of July, 1776, the American states were de facto, as well as de jure, in the possession and actual exercise of all the rights of independent governments. * * * I have ever considered it as the established doctrine of the United States that their independence originated from and commenced with the declaration of Congress, on the 4th of July, 1776, and that no other period can be fixed on for its commencement, and that all laws made by the Legislatures of the several states, after the Declaration of Independence, were the laws of sovereign and independent governments." 14

PERSONS HAVING LIMITED STATUS.

11. Political unities, not recognized by the family of nations as having full rights to determine their external relations, are regarded as having limited status as international persons.

This limited status may be because recognition has never been given, has been qualified or suspended, or has been made the subject of special agreement. Persons having limited status include states not admitted to the family of nations, neutralized states, members of political unions, protected states, and some others, entities under special circumstances, as in the case of recognized belligerents.

18 Foreign Relations U. S., 1903, p. 245.

14 Ware, Adm'r of Jones, v. Hylton et al., 3 Dall. 199, 224, 1 L Ed. 568.

STATES OUTSIDE THE FAMILY OF NATIONS.

12. States not yet admitted to the family of nations may have all the attributes of states, in the sense of public law and from the point of view of political science, and yet lack international statehood.

Asia has furnished numerous instances of political unities which have not been recognized by the family of nations as states in the sense of international law. Such states have not been invited as of right to international conferences, though often some have been invited from courtesy. They have not been allowed to exercise certain rights over foreigners within their own jurisdiction. Such restrictions frequently appear in the grant of special judicial authority to consuls of the states. of the family of nations accredited to Asiatic states. Article IV of the treaty of November 17, 1880, between the United States and China provides that: "When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant."

NEUTRALIZED STATES.

13. A neutralized state is one which by international agreement is bound to abstain from offensive hostilities and from acts which would involve such hostilities.

Neutralization usually has for its object the guarantee of the peace of the neutralized area. The neutralized state may enter into treaties or agreements with other states which would involve only peaceful relations, but must not resort to war, unless for its own defense. In return for this abstention the neutralized state is guaranteed in its security and integrity.15

15 By the declaration of the eight powers on March 20, 1815, to which Switzerland acceded May 27, 1815, it was set forth:

"That as soon as the Helvetic Diet shall have duly and formally

The Convention for the Neutralization of Switzerland was signed by six powers in 1815; of Belgium by six powers in 1839; of the Ionian Islands by five powers in 1863, and by four powers in 1864; of Luxemburg by eight powers in 1867; and of the Congo Free State by fourteen powers in 1884.

The degree of power residing in a neutralized state may be determined by the treaty by which it is given its status, or may be left without specific statement.

Neutralization does not necessarily detract from the position of honor to which a state is entitled in the family of nations, though restricting the right to undertake hostilities, except for defense of its dominion.

MEMBERS OF POLITICAL UNIONS.

14. The status of members of political unions varies as the nature of the union is more or less complete. Such unions include:

(a) Personal unions,

(b) Real unions.

(c) Confederations.

(d) Federal unions.

In general, the relationships of members of political unions belong rather to the field of constitutional law than to inter

acceded to the stipulations contained in the present instrument, an act shall be prepared containing the acknowledgment and the guarantee, of the part of all the powers, of the perpetual neutrality of Switzerland, in her new frontiers." 1 Hertslet, Map of Europe, by Treaty, p. 65.

The treaty of London, November 15, 1831, between the five powers and Belgium, provided:

"Art. VII. Belgium within the limits specified in articles I, II, and IV, shall form an independent and perpetually neutral state. It shall be bound to observe such neutrality towards all other states." "Art. XXVI. In consequence of the stipulations of the present treaty there shall be peace and friendship between their majesties the King of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the King of the French, the King of Prussia, and the Emperor of all the Russias, on the one part, and his majesty the King of the Belgians on the other part, their heirs and successors, their respective states and subjects, forever." 2 Hertslet, Map of Europe by Treaty, p. 863.

WILS. INT.L.-3

national law. Yet in some cases the members of the union may possess a qualified international status, even after the union.

(a) The term "personal union" is applied to such states as, even though having distinct governmental organizations and international personalities, are under a single head. There have been numerous instances of such unions. One of the longest in history was that of Great Britain and Hanover, from 1714 to 1837, when the union ceased on the accession of Victoria, who under Hanoverian law would not be the next in line of succession.

The union of the Netherlands and the Grand Duchy of Luxemburg similarly ceased in 1890 on the death of William III and the accession of Wilhelmina.16 The Belgian Legislature in 1885 authorized Leopold II of Belgium to assume the sovereignty of the Congo Free State. The union was, however, to be purely personal.

(b) When the union is not merely personal, but also such that, for foreign relations, there is in the main only a single international personality, there is said to be a real union. Sweden and Norway from 1815 to 1905, and Austria and Hungry since 1867, are examples of such unions.

(c) In a confederation the international personality of the members may not be destroyed, though it may be limited, and in the person of the confederation a new unity may appear. The German Confederation from 1815 to 1866, and the United States of America from 1781 to 1789, afford examples of confederation.

(d) When the external sovereignty of several states passes to a central organization, which has the power to exercise this sovereignty, a federation or federal union arises. The United States of America since 1789, Switzerland, and several of the Central and South America states are of this form.

The German Empire since 1871 has for international law possessed certain characteristics of both federation and confederation; e. g., some of the states of the Empire have the right of legation, the right to grant exequaturs, and a limited

16 This union was instituted under the Family Compact of July 30, 1783. 4 Hertslet, 3289.

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