« ПретходнаНастави »
Besides, the condition laid down is of a nature to completely prejudice the arbitration, which would be nothing more than an empty form. If the King's Government were to admit that the agreement of 1904 prevents them from refusing the transit of postal parcels in the circumstances in question, the case to be laid before the court of arbitration would be decided in advance.
Finally, it goes without saying that no independent Government could renounce, for future and indefinite contingencies, its right to take necessary measures, should occasion arise. What can be conceded is that the special case which is submitted to an arbitral tribunal will not be made the occasion of new measures. The King's Government, in order to give a fresh proof of their conciliatory spirit, are even prepared to declare that they will not have recourse to retaliation on account of the measures, which have or may have been taken, as they believe illegally, by the British authorities with regard to postal communications, up to the time of the delivery of this note. The Kings' Government earnestly hope that the British Government will appreciate this concession, and will find no obstacles to prevent them proceeding with the agreement on the subject of arbitration.
With regard to the question of damages claimed by the British Government, the King's Government think they may confine themselves for the present to declaring that in their opinion these claims must be considered in connection with corresponding Swedish claims, and that they will clearly depend in the last resort on the legality of the British measures which have, or may have, provoked, on the part of Sweden, the retaliation in question.
The King's Government propose, should the occasion arise, to publish the whole correspondence concerning the detention of postal parcels and the question of arbitration. This publication may be necessary to give the Swedish public an opportunity of forming a correct opinion as to the action of the King's Government in this matter. The King's Government recall the fact that the British Government have several times expressed a desire for the publication of the documents bearing on the subject, and that the King's Government have never opposed it.
I avail, &c.
FOREIGN OFFICE, August 2, 1916.
I have the honor to acknowledge the receipt of your note of the 24th July, in which you convey the reply of the Swedish Government to my notes of the 19th June and 6th July regarding the question of the parcels mails.
I have the honor to inform you that, if and so long as the Swedish Government forward parcels between the United Kingdom and Russia and elsewhere in the regular way, and otherwise carry out the Post Office Agreement of 1904, the offers of arbitration made in my note of the 25th April, as interpreted by the note verbale handed to the Swedish Government by His Majesty's Minister at Stockholm on the 5th June, will remain open.
With regard to the considerations urged in the 6th paragraph of your note under reply, I have the honor to inform you that His Majesty's Government merely ask for a statement whether the Swedish Government will henceforward cease to interfere with the transit of all parcels despatched to or from the United Kingdom across Sweden. I should be glad to receive an answer to this question as soon as possible, and I trust that on receipt of it our two Governments may be able to regard this correspondence as closed and the questions at issue as finally settled.
I have, &c.
GREY OF FALLODON.
CONTENTS AMERICAN INSTITUTE OF INTERNATIONAL LAW. Final Act of the Havana
Meeting. January 27, 1917............................ DENMARK-UNITED STATES. Convention providing for the cession of the West
Indies. August 4, 1916..... GREAT BRITAIN-UNITED STATES. Convention for the protection of migratory
birds. August 16, 1916...... UNITED STATES: An Act to provide a civil government for Porto Rico and for other purposes.
March 2, 1917 ........ Proclamation of the military occupation of Santo Domingo by the United
States. November 29, 1916........ An Act to provide a temporary government for the West Indian Islands ac
quired by the United States from Denmark. March 3, 1917............
FINAL ACT OF THE HAVANA MEETING OF THE AMERICAN INSTITUTE OF
The Second Meeting of the American Institute of International Law, founded at Washington in 1912, with the object of propagating in America the principles of justice and law which ought to prevail in the relations between States, took place by invitation of the Government of the Republic of Cuba, in the City of Havana, from January 22 to January 27, 1917. The meeting was held under the auspices of the Cuban Society of International Law, there being present members of the Institute and delegates of other Societies of International Law affiliated thereto. At the session held on the 27th it was unanimously resolved to insert in the present Final Act the result of the proceedings of the Second Meeting.
RECOMMENDATIONS OF HAVANA At the session held by the Institute on January 23d, on motion of the President of the Institute, Mr. James Brown Scott, there were unanimously approved ten recommendations on “International Organization,” which shall henceforward be known as “The Recommendations of Havana," the text of which is as follows: Recommendations of Havana, adopted by the American Institute of Inter
national Law, at its session held in Havana, Republic of Cuba, on January 23, 1917.
Whereas the independent existence of civilized nations and their solidarity of Interests under the conditions of modern life has resulted in a society of nations; and
Whereas the safety of nations and the welfare of their peoples depend upon the application to them of principles of law and equity in their mutual relations as members of civilized society; and
Whereas the law of nations can best be formulated and stated by the nations assembled for this purpose in international conferences; and
Whereas it is in the interest of the society of nations that international agreements be made effective by ratification and observance on all