par les parties, en défaut de quoi le collège même des arbitres aura la faculté de la déterminer préalablement. XXXIII. La présente Convention sera en vigueur pendant cinq années, à dater du jour de l'échange des ratifications; si aucune des Hautes Parties Contractantes ne notifie à l'autre, une année avant l'expiration de ce terme, son intention d'en faire cesser les effets, elle continuera à rester en vigueur pendant une année encore, à partir du jour où l'une ou l'autre des Hautes Parties Contractantes l'aura dénoncée. Les stipulations qui précèdent seront exécutoires dans les deux États immédiatement après l'échange des ratifications. XXXIV. La présente Convention sera ratifiée, et les ratifications en seront échangées à Bucarest, aussitôt que faire se pourra. En foi de quoi les Plénipotentiaires respectifs ont apposé leurs signatures et l'empreinte de leurs sceaux. Fait en double original à Bucarest, ce Août, de l'an de grâce 1880. (L.S.) B. BOERESCO. DÉCLARATION. Au moment de procéder à la signature de la Convention d'Établissement et Consulaire conclue en ce jour, les Soussignés, Plénipotentiaires de Son Altesse Royale le Prince de Roumanie et de Sa Majesté le Roi d'Italie, voulant, d'après l'autorisation qu'ils ont reçue, fixer d'une manière précise le sens de l'Article I de la dite Convention, déclarent que cet Article ne porte aucune atteinte aux dispositions du cinquième paragraphe de l'Article 7 de la Constitution de la Roumanie concernant le régime de la propriété fon cière. La présente Déclaration sera considérée comme faisant partie intégrante de la Convention susmentionnée, et sera ratifiée en même temps. En foi de quoi les Plénipotentiaires respectifs ont apposé leurs signatures et l'empreinte de leurs sceaux. 5 Fait en double original à Bucarest, co Août, de l'an de grâce 1880. (L.S.) B. BOERESCO. AUSTRIAN LAW, giving power to the Ministry of the Kingdoms and Territories represented in the Reichsrath to conclude a Customs and Commercial Union with the Ministry of the Territories of the Crown of Hungary.-Vienna, June 27, 1878. (Translation.) WITH the consent of both Houses of my Reichsrath I decide to decree as follows: Section 1. In virtue of section 2 of the Law of the 21st December, 1867, respecting the affairs common to all countries of the Austrian Monarchy and their administration, the Ministry of the kingdoms and territories represented in the Reichsrath is empowered again to conclude with the Ministry of the territories of the Crown of Hungary, in the following terms, the Customs and Commercial Union concluded in pursuance of that Law, and published by the last-named Ministry, and to agree to its simultaneous legal promulgation in both countries. ART. 1. The territories of both sections of the Monarchy form together during the continuance of this Treaty, and in execution of it, a single Customs and Commercial district surrounded by one common Customs frontier. Consequently, neither section will have the right to charge any kind of import, transit, or export duties on articles of commerce going from one to the other, or to establish a Customs boundary for this purpose. Neither section shall impose higher internal taxes upon the products or manufactures of the other, when imported, than it does upon its own similar products or manufactures. As to internal taxes, in whatever way and for whatever purpose they are levied, one section may charge the goods imported from the territories of the other section, only in the same proportion as the former charges similar manufactures or produce. The exceptional Customs districts are excluded from this common Customs boundary. 2. Treaties which have for their object the regulation of economical relations abroad, especially Commercial, Tariff, Navigation, Consular, Postal, and Telegraph Treaties, shall be equally binding on the territories of the Crown of Hungary, as on the kingdoms and territories represented in the Reichsrath. 3. The negotiation and conclusion of international engagements of the above nature shall, after the Constitutional consent of both Legislatures has been given, take place through the Common Minister of Foreign Affairs, on the basis to be agreed on between the Ministers for the proper Department in either section. If either section desires that such Treaty should cease upon the expiration of the term for which it was concluded, the other section must be apprised at least six months before the expiration of the term for its denunciation, go as to come to an understanding with regard to the further action to be taken. Should no agreement be attained within this period, the Minister of Foreign Affairs shall cause it to be denounced if even only one section so desire. 4. The agreement respecting the Customs and the Common Tariff shall not be superseded, or altered in any way, without the previous consent of both Legislatures. The districts at present excluded from the operation of the Customs Laws shall cease to be so exempted, and shall be brought under the common Administration of Commerce and Customs. The date and mode of effecting this change shall be agreed upon between the two Governments, and submitted to both Legislatures. 5. The collection and administration of the Customs belong to the Executive Government of either country within its own jurisdiction. For the purpose of ascertaining that the mode agreed upon for the collection and administration of the Customs is duly observed, Inspectors in either country shall be ad hoc appointed from the other, with the right of inspection over the Customs and Revenue officers, and of reporting thereon to the proper Ministers. 6. The administration of harbours, and of matters concerning quarantine, marine hospitals, &c., shall be conducted in both countries after the same rules and with the greatest possible conformity, and this principle shall also apply, as far as possible, to the management of the sea fisheries. Merchant-vessels of both countries are to carry the same flag, The vessels, with their crews, of both countries, shall enjoy identical advantages and protection at home and abroad, and shall be subject to identical regulations. In both countries seaman's certificates shall be granted on the same conditions and be equally valid. All matters relating to the protection of merchant-vessels, their crews, or individual seamen of either section of the Monarchy, and the representation of their interests abroad, are within the competence of the Imperial and Royal Consular officers there stationed, and ultimately of the Common Minister of Foreign Affairs. In matters pertaining to the harbour jurisdiction and maritime administration, the Consular officers shall act in direct relation with the native authorities. Tonnage, hospital, lighthouse, and other shipping dues are to be on a similar scale in the harbours of both countries. Exceptions, however, to this rule are provided for in certain local cases, as, for instance, at Trieste, the establishment of adequate fees for harbour, pilotage, and canal dues, as well as charges for the naval maintenance fund. All maritime dues belong to the country wherein the harbour is situated. Lighthouses necessary for the navigation of vessels proceeding either to Austrian or Hungarian ports shall be constructed at the joint cost of both countries, the expense being divided according to a just proportion. In both territories, and in the commercial navies of both sections of the Monarchy, the private maritime law shall be identical, and the reforms needed in the same be effected as soon as possible. The post and navigation arrangement undertaken by the Austrian-Hungarian Lloyd remains under the direction of the Minister of Foreign Affairs, who shall, however, act in all business relating thereto in concert with the Ministers of Commerce of both sections of the Monarchy. The State subvention to this undertaking, and the receipts derived from it, shall appear on the balance-sheet of the Budget of the Minister of Foreign Affairs. 7. All matters relating to the navigation of rivers included in the Vienna Act of Congress* and the Danube Act of 1857,† in as far they relate to foreign States, shall be administered by the Minister of Foreign Affairs, under the reservations further specified in Article 3. Matters relating to shipping, to river police, to the improvement and maintenance of harbours, &c., upon all inland waters common to both sections shall be regulated in concert. The inland navigation of the rivers and inland waters of the Monarchy is equally open to the subjects of both countries under identical conditions. River trading vessels of either section navigating in rivers beyond the frontiers of the Monarchy shall, upon occasions when it is necessary to hoist a flag, carry the common flag prescribed for sea-going vessels. 8. Existing railways in both countries shall be managed on an identical system, and the building and management of new railways shall be on the same principle in both countries, and according to the commercial requirements of either. Especially shall the railway management regulations of 1851 and 1874 remain unchanged until altered with the consent and in the interests of both sections of the Monarchy. The construction and management of local railways shall remain under the control of the country in which they are situated. 9. The Consular Service shall be under the orders of the Common Minister of Foreign Affairs. The establishment or the suppression of Consular posts shall take place, and the Consular instructions respecting commercial + Vol. LVII. Page 786, * Vol. II. Page 3. matters be settled, only with the consent of the Ministers of Commerce of both countries. Moreover, either of the Ministers of Commerce has the right to correspond directly with the Consuls on matters pertaining to his Department, and the latter are bound to furnish the information desired by the former. The periodical Commercial Reports of the Consuls shall be communicated by the Minister of Foreign Affairs to both the Ministers of Commerce. The raising or lowering of Consular fees shall be finally determined by the Minister of Foreign Affairs, with the sanction (if required) of the two Ministers of Commerce. The issuing of exequaturs and of permissions for the estab lishment of foreign Consular posts is the business of the Ministry of Foreign Affairs, after the consent thereto of the Ministry of both sections of the Monarchy has been obtained. 10. The Ministries of both sections shall interchange their statistics bearing on trade and commerce, and shall arrange for their compilation and publication. 11. The salt and tobacco duties, and those indirect taxes which immediately affect industrial production, particularly the spirit, beer, and sugar duties, shall be treated in both countries, during the operation of the present pact, after the same laws and regulations, which can be altered only by common consent. Either section shall afford facilities to the authorities of the other for satisfying themselves that there is no infringement of the regulations that are agreed upon. To guarantee uniformity in the enforcement of the similar regulations, each Minister of Finance shall be entitled to take cognizance from time to time of the mode in which the superior officers and the collectors of the other section perform their duty, and the functionaries charged with this task shall be furnished with the necessary certificate by the Finance Minister of the other section. 12. The Austrian currency as at present existing remains, until changed by law, the common currency of the two countries. Plans for the resumption of metallic circulation shall be submitted, with the shortest delay possible, to both Legislatures. The right is reserved to both countries of striking and circulating small coins under the value of 20 kreutzers, which shall have equal circulation in either. An agreement shall be come to between the two Legislatures as to the quantity and the metallic quality of the said small coins. 13. The existing metrical system of weights and measures can only be altered by common agreement. Rules concerning the standard of gold and silver articles of manufacture shall be governed by the same principles in both countries, and the basis determined |