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XXIX) transferred the protection of the rights of Serbia to the collective guarantee of the contracting powers. 1878, July 13.-Treaty of Berlin.

Serbia recognized as independent (Art. XXXIV) subject to certain specified conditions.

[Hertslet, Map of Europe by Treaty, IV, p. 2759; Martens, N. R. G. 2d Ser. III, 449.]

2. RESTRICTIONS IMPOSED.

a. Organization of Government.

No restrictions.

b. Powers of Government. Religious freedom.

ART. XXXV (treaty of Berlin). "In Servia the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries, in any locality whatsoever.

The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Servia, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of different communions, or to their relations with their spiritual chiefs." Freedom of transit.

Art. XXXVII. "No transit duties shall be levied on goods passing through Servia."

Consular jurisdiction.

Art. XXXVII. "The immunities and privileges of foreign subjects, as well as the rights of consular jurisdiction and protection, as at present existing, shall remain in full force so long as they shall not have been modified by mutual consent between the principality and the powers concerned."

Succession to contracts.

Art. XXXVIII. "The Principality of Servia takes the place, so far as it is concerned, of the Sublime Porte in the engagements which the latter has contracted, as well toward Austria-Hungary as toward the company for the working of the railways of Turkey in Europe, in respect to the completion and connection, as well as the working of the railways to be constructed on the territory newly acquired by the principality."

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Rights of aliens.

Art. XXXIX. "Mussulmans possessing property in the territories annexed to Servia, who may wish to reside outside the principality, may retain their real property, either by farming it out or by having it administered by third parties."

Autonomous colony.

SOUTH AFRICA, UNION OF.

1. INTERNATIONAL STATUS.

1909, September 20.-South Africa act uniting the self-governing colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony (Orange Free State).

2. EXTENT OF AUTONOMY.

a. Organization of Government.

Executive authority. Exercised nominally by a governor gen-
eral appointed by the British Crown, with an executive coun-
cil nominally appointed by the governor general but actually
responsible to the Parliament of the Union.
Legislative authority. A Parliament consisting of the British
Crown, a senate, partly (one-fifth) appointive by the gov-
ernor and council during the first 10 years of the union and
partly (four-fifths) elective, on the basis of equal representa-
tion for the Provinces, and a House of Assembly wholly
elective by the people of the Provinces in proportion to
population.

b. Powers of Government.

Restrictions imposed.

The Parliament of the Union possesses a general grant of powers upon which there are no restrictions with respect to the British Crown other than the nominal right of the governor general to withhold assent to a bill or to reserve it for the pleasure of the Crown. There is a right of appeal from the highest court of the Union to the judicial committee of the British privy council.

Immigration and emigration.

South Africa has full control over the regulation of immigration and emigration; it has also the power of naturalizing aliens, who thereupon acquire South African citizenship as distinct from British citizenship.

Fiscal affairs.

South Africa has full control over her revenues and expenditures as well as control over the coinage, over the extent and form of her public debt, and over banks and banking.

Trade relations.

The determination of customs duties is entirely within the control of the Union Parliament.

Treaty-making competency.

Treaties entered into by the British Government are legally binding upon South Africa, but of recent years the practice has been for the British foreign office to consult the South African government before entering into treaties immediately affecting its interests. This is particularly the case with commercial treaties, those concluded during the past decade containing clauses providing for the separate adherence and separate withdrawal of the British Dominions generally. In the case of the arbitration treaties of 1908, the British Government reserved the right to obtain the concurrence of the self-governing Dominions before accepting an agreement providing for the arbitration of a matter affecting their special interests.

SUDAN, ANGLO-EGYPTIAN.

INTERNATIONAL STATUS.

Dependent State under the joint protection of Great Britain and Egypt.

This territory was reconquered for Egypt by Great Britain in 1896-1898. A convention between the British and Egyptian Governments, signed January 19, 1899, provides for the administration of the territory south of the twenty-second parallel of latitude by a governor general appointed by Egypt with the assent of Great Britain. This convention declares the general principles in accordance with which the administration should be carried on. The British and Egyptian flags shall be used together; laws shall be made by proclamation; no duties shall be levied on imports from Egypt and duties on imports from other countries coming by way of the Red Sea shall not exceed those levied in Egypt. The import and export of slaves is prohibited, and special attention is directed to be paid to the Brussels act of 1890 respecting the import and export of arms, ammunition, and spirits. The Sudan has been divided into 15 Provinces. The governors

of the Provinces are British officers of the Egyptian Army. Administration is carried out through British inspectors in charge of one or more districts into which the Provinces are subdivided. In 1910 a governor general's council was created to assist the governor general in the discharge of his executive and legislative powers. All ordinances, laws, and regulations are now made by the governor general in council. [Statesman's Year Book, 1918, pp. 257-264.]

SWITZERLAND.

Neutralized State.

1. INTERNATIONAL STATUS,

1815, June 9.-Final act of the Congress of Vienna.

Article LXXXIV confirms in the name of the signatory powers a declaration previously made on March 20, 1815, at the first session of the congress of Vienna, in favor of the permanent neutrality of Switzerland. This declaration was accepted by the Swiss Diet in a note of May 27, 1815, in which Switzerland promises that the stipulations contained in the declaration shall be faithfully observed. Article LXXXIV of the treaty of Vienna was in turn confirmed by the declaration of Paris, November 20, 1815, in which "the powers which signed the declaration of Vienna of March 20 recognize in a formal and authentic manner by these presents the perpetual neutrality of Switzerland, and guarantee to it the inviolability of its territory within its new limits."

[Martens, N. R. II, 379; 740.]

NOTE. The above treaties merely confirmed a situation which had been in existence since 1648, when at the treaty of Westphalia the thirteen Swiss Cantons were recognized as a united and independent State. The Cantons thereupon proclaimed that henceforth their attitude would be that of perpetual neutrality in the quarrels of Europe; and although their conduct in furnishing mercenary troops to their neighbors was not in accord with present ideas of neutrality, they succeeded in avoiding being drawn into war.

2. RESTRICTIONS IMPOSED.

The neutralization of Switzerland imposes no restrictions upon her free action within her own borders. She retains the right to keep an army and to build and maintain fortresses.

TIBET.

INTERNATIONAL STATUS.

Vassal state under the nominal suzerainty of China.

By provisional agreement of April 27, 1914, accompanied by an exchange of notes initialed by the representatives but not yet formally accepted by the Chinese Government, it is provided that Tibet shall be divided for administrative purposes into Outer and Inner Tibet, the latter being the portion adjacent to China. This agreement stipulates that Tibet forms part of Chinese territory and is under Chinese suzerainty. It recognizes the internal autonomy of Outer Tibet, and engages on the part of England and China to abstain from interference in its administration. China undertakes not to convert Tibet into a Chinese Province and engages that Outer Tibet shall not be represented in any future Chinese Parliament. China engages not to send troops into Outer Tibet, nor to station there civil or military officers nor establish Chinese colonies. A Chinese high official may be stationed, as in the past, at Lhasa, with an escort not exceeding 300 men.

The Tibetan trade regulations of 1893 and 1908 are canceled, as well as article 3 of the convention of April 27, 1906. China is also released from the engagements under article 3 of the convention of March 17, 1890. Difficulties arising between the Chinese and Tibetan Governments out of this convention are to be referred to the British Government for adjustment.

The action of the Chinese representative in initialing this provisional convention was repudiated by China, and under instructions he abstained from signing the final convention which in the same terms was duly signed by the British and Tibetan authorities on July 3, 1914. In accordance with the notification conveyed to the Chinese Government by the British Government, China, so long as she declines to sign this convention, is deprived of all advantages and privileges secured to her under the convention.

China's refusal to sign is based upon objections to the boundary outlined for Outer and Inner Tibet.

By treaty of January 21, 1912, between Tibet and Mongolia, each country recognized the independence of the other. They both undertook to promote and spread Buddhism and to open their frontiers for mutual trade and intercourse.

Certain disputes regarding trade between India and Tibet led to the sending of an armed mission (Indian) to Lhasa, which resulted in a convention signed September 7, 1904.

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