Thomas Erskine Holland

“ The boundary between the United States and the British possessions is regulated in details by the treaties of Washington of 1842, 1846, 1871. Switzerland, Belgium, Corfu and Paxo, and Lux emburg are respectively neutralized by the treaties of Vienna, 1815, and of London, 1839, 1864, 1867. A list of treaties of guarantee to which Great Britain is a party, and which are supposed to be still in force, beginning with a treaty made with Portugal in 1373, was presented to parliament in 1859. ”

“ By a breach on either side the treaty usually becomes, not void, but voidable. A further cause of the termination of treaty obligations is a total change of circumstances, since a clause "rebus sic stantibus" is said to be a tacit condition in every treaty. ”

“ Unlike a contract in private law, a treaty, even though made in pursuance of a full power, is, according to modern views, of no effect till it is ratified. (5) No special form is necessary for a treaty, which in theory may be made without writing. It need not even appear on the face of it to be a contract between the parties, but may take the form of a joint declaration, or of an exchange of notes. Latin was at one time the language usually employed in treaties, and con tinued to be so employed to a late date by the emperor and tl;3 pope. ”

“ It is sometimes said that a treaty must have a lawful object, but the danger of accepting such a statement is apparent from the use which has been made of it by writers who deny the validity of any cession of national territory, or even go so far as to lay down, with Fiore, that " all should be regarded as void which are in any way opposed to the development of the free activity cf a nation, or which hinder the exercise of its natural rights." ”

“ The making and the observance of treaties is necessarily a very early phenomenon in the history of civilization, and the theory of treaties was one of the first departments of international law to attract attention. ”

“ The taking of oaths, the assigning of "con- servatores pacis," and the giving of hostages are now obsolete, but revenue is mortgaged, territory is pledged, and treaties of guarantee are entered into for this purpose. 6. A " transitory convention " operates at once, leaving Duration, no duties to be subsequently performed, but with reference to conventions of other kinds questions arise as to the duration of the obligation created by them, in other words, as to the moment at which those obligations come to an end. ”

“ For the innumerable conventions to which Great commer- Britain is a party as to commerce, consular jurisdiction, cial > fisheries, and the slave trade, it must suffice to refer to the exhaustive and skilfully devised index to Hertslet s Commercial Treaties, forming volume xvi., 1885. (iii.) The social intercourse of the world is facilitated by social ”

“ Salvador, 1881; Uruguay, 1884; Guatemala, 1885; Russia, 1886. It will be observed that all these, except the treaty with the United States, are subsequent to and governed by the provisions of 33 and 34 Viet. c. 52, "The Extradition Act, 1870." Before the passing of this general Act, it had been necessary to pass a special Act for giving effect to each treaty of extradition. The most complete collec tion of treaties of extradition is that of- F. J. Kirchner, L Extradition, Recueil, &c., London, 1883. ”