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the Committee be continued for a further Report to be submitted at the next meeting of this Association.
NOTE. - The resolutions of the Committee were carried by 21 to 2. But of course they have no binding power. Private individuals cannot legislate for nations, though wise statesmen will always treat with respect the opinion of a strong body of experts. At present there is a tendency among states to regard the space above their territories as a possession with regard to which they can make use of sovereign power in the same sense and to the same extent as they exercise it over their land and territorial waters. If this view prevails it will be necessary to guard carefully by general agreement against a denial of access on frivolous grounds to innocent air craft of foreign nationality.
10. Conditions of Occupation
EXTRACT FROM THE GENERAL ACT OF THE WEST AFRICAN
CONFERENCE OF 1884–1885
Article 34 Any Power which henceforth takes possession of a tract of land on the coasts of the African Continent outside of its present possessions, or which, being hitherto without such possessions, shall acquire them, as well as the Power which assumes a protectorate there, shall accompany the respective act with a notification thereof, addressed to the other Signatory Powers of the present Act, in order to enable them, if need be, to make good any claims of their own.
The Signatory Powers of the present Act recognize the obligation to insure the establishment of authority in the regions occupied by them on the coasts of the African Continent sufficient to protect existing rights, and, as the case may be, freedom of trade and of transit under the conditions agreed upon.
NOTE. — It will be seen that Article 34 refers to protectorates as well as territories acquired in full sovereignty while Article 35 omits any mention of the former. Moreover both refer to portions of the African Continent only. But the tendency of opinion and practice since 1885 has been to remove all limitations on the application of the principles laid
down in the Declaration. States are now expected to notify all new acquisitions to territory hitherto accounted res nullius, and to keep rudimentary order in their protectorates as well as in districts over which they claim sovereign power.
11. Cession by a Mixture of Forced Gift and Sale
THE PHILIPPINE ISLANDS
On the 10th of December, 1898, the treaty of peace between the United States and Spain was signed. It provided, among other things, that Spain should cede to the United States the archipelago known as the Philippine Islands, that the United States should pay to Spain the sum of twenty million of dollars and that the civil rights and political status of the native inhabitants of the territories thus ceded to the United States should be determined by the Congress. The treaty was ratified by the Senate on the 6th of February, 1899, and by the Government of Spain on the 19th of March following. The ratifications were exchanged on the 11th of April and the treaty publicly proclaimed. On the 2nd of March the Congress voted the sum contemplated by the treaty, and the amount was paid over to the Spanish Government on the 1st of May.
In this manner the Philippines came to the United States. The islands were ceded by the Government of Spain, which had been in undisputed possession of them for centuries. They were accepted not merely by our authorized commissioners in Paris, under the direction of the Executive, but by the constitutional and well-considered action of the representatives of the people of the United States in both Houses of Congress. — (Message of President McKinley, Dec. 5, 1899.)
12. Cession after an Unsuccessful War
TREATY OF PEACE BETWEEN TURKEY AND THE BALKAN
ALLIES, SIGNED AT LONDON, MAY 30, 1913
Upon the exchange of ratifications of the present treaty there shall be peace and amity between His Imperial Majesty the Sultan of Turkey, on the one hand, and Their Majesties the Allied Sovereigns, on the other hand, as well as between their heirs and successors, their respective states and subjects for ever.
Article 2 His Imperial Majesty the Sultan cedes to Their Majesties the Allied Sovereigns all the territories of his Empire on the continent of Europe west of a line drawn from Enos on the Aegean Sea to Midia on the Black Sea, with the exception of Albania.
The exact line of the frontier shall be determined by a commission.
Article 3 His Imperial Majesty the Sultan and Their Majesties the Allied Sovereigns declare that they submit to His Majesty the Emperor of Germany, His Majesty the Emperor of Austria and King of Hungary, the President of the French Republic, His Majesty the King of Great Britain and Ireland and Emperor of India, His Majesty the King of Italy, and His Majesty the Emperor of all the Russias the matter of arranging the delimitation of the frontiers of Albania and all other questions concerning Albania.
Article 4 His Imperial Majesty the Sultan declares that he oedes to Their Majesties the Allied Sovereigns the Island of Crete, and renounces in their favour all rights of sovereignty and all other rights which he possessed over that island.
Article 5 His Imperial Majesty the Sultan and Their Majesties the Allied Sovereigns declare that they entrust to His Majesty the Emperor of Germany, His Majesty the Emperor of Austria and King of Hungary, the President of the French Republic, His Majesty the King of Great Britain and Ireland and Emperor of India, and His Majesty the Emperor of all the Russias the matter of passing upon the title to all the Ottoman islands in the Aegean Sea (except the Island of Crete) and to the Peninsula of Mount Athos.
Article 6 His Imperial Majesty the Sultan and Their Majesties the Allied Sovereigns declare that they refer the matter of settling questions of a financial nature resulting from the war which is ending, and from the above-mentioned cessions of territory, to the international commission convened at Paris, to which they have sent their representatives.
Questions concerning prisoners of war, questions of jurisdiction, of nationality and of commerce shall be settled by special conventions. — (Supplement to the American Journal of International Law, Jan. 1914, pp. 12–13.)
13. A Modern Protectorate
PROTECTORATE TREATY BETWEEN FRANCE AND MOROCCO,
1912 The Government of the French Republic and the Government of His Majesty the Sultan, desirous of inaugurating a regular régime in Morocco based upon internal order and general security, making it possible to introduce reforms and to insure the economic development of the country, have agreed upon the following:
Article I The Government of the French Republic and His Majesty the Sultan have agreed to establish in Morocco a new régime admitting of the administrative, juridical, educational, economic, financial and military reforms which the French Government may deem useful to be introduced within the Moroccan territory.
This régime shall safeguard the religious status, the respect and traditional prestige of the Sultan, the exercise of the Mohammedan religion and of the religious institutions and in particular those of the habous. It shall admit of the organization of a reformed Shereefian Makhzen.
The Government of the Republic will come to an understanding with the Spanish Government regarding the interests which this Government has in virtue of its geographical position and territorial possessions on the Moroccan Coast.
In like manner, the City of Tangiers shall retain the distinctive characteristic for which it has been known and which will determine its municipal organization.
Article II His Majesty the Sultan consents that henceforth the French Government, after it shall have notified the Makhzen, may proceed to such military occupation of the Moroccan territory as it may deem necessary for the maintenance of good order and the security of commercial transactions, and to exercise every police supervision on land and within the Moroccan waters.
Article III The Government of the Republic pledges itself to lend constant support to His Shereefian Majesty against all dangers which might threaten his person or throne, or endanger the tranquillity of his states. The same support shall be given the heir to the throne and his successors.
Such measures as the new régime of the protectorate may require shall be established by edict, upon the proposal of the French Government, by His Shereefian Majesty or the authorities to whom he may have delegated his power. The same process shall be observed in the matter of new regulations and of modifications of the existing regulations.
The French Government shall be represented near His Shereefian Majesty by a resident commissioner general, representa