AND TREATIES OF PEACE COLEMAN PHILLIPSON. M.A.. LL.D., Litt.D. Of the Inner Temple, Barrister-at-Law
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1 _ B/88495 TERMINATION OF WAR AND TREATIES OF PEACE BY COLEMAN PHILLIPSON M.A.. LL.D., Litt.D. Of the Inner Temple, Barrister-at-Law AUTHOR Of "STUDIES IN INTERNATIONAL LAW," "EFFECT OF WAR ON CONTRACTS,' " INTERNATIONAL LAW. AND CUSTOM OF ANCIENT GREECE AND ROME," " INTERNATIONAL-LAW AND THB GREAT WAR," CO-AUTHOR OF "GREAT JURISTS OF THE WORLD," EDITOR OF WHEATON'S "INTERNATIONAL LAW,' ETC. THE LAWBOOK EXCHANGE, LTD. Clark, New Jersey 2008
2 PEEFACE v INDEX OF JUDICIAL CASES x y WORKS AND DOCUMENTS REFERRED TO Xy\i PART TERMINATION OF WAR BY MERE WITHDRAWAL FROM HOSTILITIES; OR BY CONQUEST AND SUBJUGATION I CHAPTER I TERMINATION OF WAR BY RECIPROCAL INTERMISSION OF HOSTILITIES... 3 Modes of terminating hostilities De facto cessation of hostilities Resulting difficulties Claims of the contending parties Principle of utipouidetit Principle of status quo ante bellum Publio proclamation necessary CHAPTER II TERMINATION OF WAR BY CONQUEST AND SUBJUQATION Difference between conquest and subjugation Difference between occupation and annexation Case of the Elector of Hesse-Cassel Effect of treaty of cession Treaty of cession and title of the conqueror Surrender of the Sonth African Bepublio and Orange Free State The Peace of Vereeniging is not a peace proper Other examples of conquest and annexation Title by conquest CHAPTER III PBBMATUBE ANNEXATION. VIEWS AS TO VALIDITY OF CONQUESTS Premature annexation By Great Britain, By Italy, Current of modern opinion against forcible annexation Consent of country annexed Resolutions of the International American Conference vu
3 viii CHAPTER IV FAQS MAIN EFFECTS OF CONQUEST AND SUBJUGATION WITH REGARD TO STATE SUCCESSION When an entire State is annexed Limitations imposed on the conqueror Date of change of sovereignty Effect on Treaties Publio law and administration Armed forces Nationality State property Debts the Cuban debt Contracts and concessions Private rights and private law PART II TERMINATION OF WAR BY TREATIES OF PEACE. HOW THEY COME TO BE MADE; THEIR ; AND THEIR EFFECTS CHAPTER I ARMISTICE CONVENTIONS Suspension of hostilities Sometimes no armistice before peace negotiations Examples Cases in which armistice concluded first Distinction between armistice and suspension of arms The Hague Regulations Political character of the general armistice What may be done Various examples of armistices No settled rules CHAPTER II INTERPOSITION OF THIRD POWERS Belligerents and neutrals Forms of intervention good offices and mediation When a case for interposition arises Provision in treaties The Hague rules Instances of interposition CHAPTER III PRK.L:HINARIES OF PEACE Place of negotiation Distinguished from preliminary conditions Object and nature of the preliminaries
4 ix PAGE Chief parts General clauses Special clauses cession, indemnity Miscellaneous provisions Performance of certain clauses without waiting for the definitive treaty Modification by the definitive treaty CHAPTER IV CONSTITUTION AND PROCEDURE OF THE PEACE CONFERENCE. GENERAL PRINCIPLES m Allies and peace negotiations Ill Place of negotiation Title of plenipotentiary What persons are chosen Who is represented Distinction between congress and conference Ceremonial and procedure Initial proceedings Mode of conducting the deliberations Secrecy Function of mediators The protocol and proces-verbal The use of the alternat CHAPTER V PEACE NEGOTIATIONS. NOTABLE EXAMPLES FROM PREVIOUS WARS Thirty Years'War Crimean War Austro-Prussian War Franco-German War Italian-Abyssinian War Spanish-American War Basso-Japanese War Second Balkan War (1913) CHAPTER VI THE TREATY OF PEACE. GENERAL PRINCIPLES. TREATY-MAKING POWER. NATURE OF TREATIES OF PEACE, THEIR BINDING FORCE. FORM AND PARTS. LANGUAGE. INTERPRETATION Competence to conclude treaties Negotiations with a revolutionary Government Whether the head of the State, if taken prisoner, can bind his country Binding force effect of duress Treaty of peace as a " real " treaty a compromise Form of treaty number of copies Preamble former invocation designation of the plenipotentiaries clause as to ratification concluding formula Language used Use of the alternat Various parts of a treaty of peace General, special, miscellaneous, secret, additional articles Order of clauses suggested Interpretation Arbitration clause
5 x CHAPTER VII PAOB THE TREATY OF PEACE GENERAL PRINCIPLES (continued). DATB OF PBACB. RATIFICATION. MEANS OF ENSURING PERFORMANCB Date of peace necessary distinctions Cessation of hostilities Effect of signature Date of notice to armed forces Clause specifying date Sometimes future date fixed Date of operation of other clauses If no date is specified Ratification When ratification not necessary Refusal to ratify Place and time of exchange of ratifications Breach of treaty Means of ensuring performance: oath ; hostages ; pledge ; guarantee by third States; military occupation Examples CHAPTER VIII THE TREATY OF PEACE. MAIN CLAUSES AND EFFECTS General clauses: Cessation of hostilities and restoration of peace Treaties of peace as final and " permanent " Effect of establishment of peace Captures after conclusion of peace Adjudication after peace of captures made during the war Resumption of diplomatic intercourse, etc Restoration of territory, etc Utipotsidetis Statui quo ante bellum Examples Condition of territories restored Restoration of movable property Postliminium CHAPTER IX THE TREATY OF PEACE. MAIN CLAUSES AND EFFECTS (continued) General clauses (continued): Restoration of prisoners of war Collective delivery When restoration to begin Liberation to be unconditional Cost of maintenance May prisoners be detained for debts? May prisoners be detained for disciplinary offences? Offences against the common law Details regulated by special conventions Amnesty Implied, if not expressly provided for Partial amnesty General amnesty Restrictions on Amnesty provision really superfluous and illogical
6 xi PAOB Bevival or annulment of treaties Views of writers Judioial pronouncements Practice of States Various examples Bules applicable General conclusions submitted CHAPTER X THB TREATY OF PEACB. MAIN CLAUSES AND EFFECTS (continued) Special clauses: War indemnity When none imposed or equivalent demanded Increasing practice in modern times Examples of imposition of indemnities Examples in which no indemnity stipulated Cession of territory How cession may be effected Title to cede territory De facto and de jure sovereignty Sometimes compensation offered Delimitation commission Aot of delivery Cession and plebiscite Instances of plebiscites Examples of cessions CHAPTER XI EFFECT OF CESSION. STATE SUCCESSION : NATIONALITY State succession significance Nationality Sometimes stipulated that nationality not to be affected Operation of treaty difference between subjects and oitizens What persons should be vested with the new nationality Practice of option Who may opt Married women and minors Period of option Mode of exeroising the option CHAPTER XII EFFECT OF CESSION. STATE SUCCESSION : TREATIES. PUBLIC LAW AND ADMINISTRATION Treaties Between cessionary and oeded State Between ceding State and third parties Between cessionary and third parties Relating to the annexed territory Exception to rule of dissolution
7 PAOE (H) Treaty of Prague. Aug. 23, Austria Prussia (I) Treaty of Vienna. Oct. 3, Austria Italy (J) Preliminaries of Versailles. Feb. 26, France Germany (K) Treaty of Frankfort. May 10,1871. France Germany (L) Additional Convention. Dec. 11, France Germany (M) Preliminaries of San Stefano, Feb. 19/Mar. 3, Russia Turkey (N) Treaty of Constantinople. Jan. 27/Feb. 8, Russia Turkey (0) Protocol. Constantinople, Jan. 27/Feb. 8, Russia Turkey (P) Arbitration Agreement. Constantinople, July 22/Aug. 4,1910. Russia Turkey 408 (Q) Treaty of Lima. June 12, Spain Chile 412 (B) Treaty of Shimonoseki. April 17,1895. China Japan (S) Treaty of Paris. Dec. 10, United States Spain (T) Peace of Vereeniging. May 31, Surrender of the Boers to Great Britain 423 (U) Treaty of Portsmouth. Sept. 5,1905. Russia Japan (V) Treaty of Lausanne. Oct. 18,1912. Italy Turkey (W) Treaty of London. May 17/30, Turkey Greece, Bulgaria, Serbia, Montenegro (X) Treaty of Bucharest. July 28/Aug. 10, Bulgaria Roumania, Greece, Montenegro, Serbia (Y) Treaty of Constantinople. Sept. 16/29,1913. Turkey Bulgaria (Z) Treaty of Athens. Nov. 1/14, Turkey Greece xiii INDEX OF SUBJECT-HATTER INDEX OF TREATIES, PRELIMINARIES OF PEACE, CONFERENCES, AND CONGRESSES
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