PROTOCOL. The above-named Plenipotentiaries hereby make and append to this Treaty the following three declarations: British Extraterritorial Jurisdiction in Corea. 1. With reference to Article III of this Treaty, it is hereby declared that the right of extra-territorial jurisdiction over British subjects in Corea, granted by this Treaty shall be relinquished when, in the judgment of the British Government, the laws and legal procedure of Corea shall have been so far modified and reformed as to remove the objections which now exist to British subjects being placed under Corean jurisdiction, and Corean Judges shall have attained similar legal qualifications and a similar independent position to those of British Judges. Right to open Commercial Establishments at Hanyang. 2. With reference to Article IV of this Treaty, it is hereby declared that if the Chinese Government shall hereafter surrender the right of opening commercial establishments in the city of Hanyang, which was granted last year to Chinese subjects, the same right shall not be claimed for British subjects, provided that it be not granted by the Corean Government to the subjects of any other Power. Application of Treaty to British Colonies. 3. It is hereby declared that the provisions of this Treaty shall apply to all British Colonies, unless any exception shall be notified by Her Majesty's Government to that of Corea within one year from the date in which the ratifications of this Treaty shall be exchanged. And it is hereby further stipulated that this Protocol shall be laid before the High Contracting Parties simultaneously with this Treaty, and that the ratification of this Treaty shall include the confirmation of the above three declarations, for which, therefore, no separate act of ratification will be required. In faith of which the above-named Plenipotentiaries have this day signed this Protocol, and have thereto affixed their seals. Done at Hanyang, this twenty-sixth day of November, in the year eighteen hundred and eighty-three, corresponding to the twenty-seventh day of the tenth month of the four hundred and ninety-second year of the Corean era, being the ninth year of the Chinese reign Kuang Hsü. (L.S.) HARRY S. PARKES. (Signature in Chinese of MIN YÖNG-MOK, COSTA RICA. No. 45. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN GREAT BRITAIN AND COSTA RICA. Signed at San José, November 27, 1849.* [Ratifications exchanged at London, February 20, 1850.] In the Name of the Most Holy Trinity. EXTENSIVE Commercial intercourse having been established for some time between the territories, dominions, and settlements of Her Britannic Majesty and the Republic of Costa Rica, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between Her said Britannic Majesty and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a Treaty of Amity, Commerce, and Navigation; For this purpose they have named their respective Plenipotentiaries, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Frederick Chatfield, Esq., Chargé d'Affaires of Her Britannic Majesty at Guatemala ; And his Excellency the President of the Republic of Costa Rica, Don Joaquin Bernardo Calvo, Minister of State and for Foreign Affairs; Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following Articles: *Signed also in Spanish. ARTICLE I. Friendship. There shall be perpetual amity between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and her and their subjects, and the Government of the Republic of Costa Rica and its citizens. ARTICLE II. Freedom of Commerce, Navigation, and Residence.-Hiring, &c., of Houses and Warehouses. There shall be between all the territories, dominions, and settlements of Her Britannic Majesty in Europe, and the territories of the Republic of Costa Rica, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the territories, dominions, and settlements aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce, subject always to the laws and statutes of the two countries, respectively. Vessels of War and Mail Packets. In like manner, the respective ships of war and post office packets of the two countries shall have liberty freely and securely to come to all harbours, rivers, and places, to which other foreign ships of war and packets are or may be permitted to come; to enter into the same, to anchor, and to remain there and refit, subject always to the laws and statutes of the two countries, respectively. Coasting Trade reserved. By the right of entering the places, ports, and rivers mentioned in this Article, the privilege of carrying on the coasting trade is not understood, in which trade national vessels only are permitted to engage. [536] R ARTICLE III. Freedom of Commerce and Navigation in British Dominions, &c., out of Europe.-Most-favoured-nation Treatment. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages further, that the inhabitants of the Republic of Costa Rica shall have the like liberty of commerce and navigation stipulated for in the preceding Article, in all her territories, dominions, and settlements situated out of Europe, to the full extent to which the same is permitted at present, or shall be permitted hereafter, to any other nation. ARTICLE IV. Commerce and Navigation.—Most-favoured-nation Treatment. It being the intention of the two High Contracting Parties to bind themselves by the two preceding Articles to treat each other on the footing of the most favoured nation, it is hereby agreed between them, that any favour, privilege, or immunity whatever, in matters of commerce and navigation, which either Contracting Party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other High Contracting Party, gratuitously, if the concession in favour of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. ARTICLE V. [Terminated on November 26, 1897.] ARTICLE VI. [Terminated on November 26, 1897.] ARTICLE VII. [Terminated on November 26, 1897.] ARTICLE VIII. Transaction of Business.-Employment of Agents, &c.-Fixation of Prices of Goods.-National Treatment. All merchants, commanders of ships, and others, the subjects of Her Britannic Majesty, shall have full liberty in all the territories of the Republic of Costa Rica, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter; nor shall they be obliged to employ any other persons in those capacities than those employed by Costa Ricans, nor to pay them any other salary or remuneration than such as is paid in like cases by Costa Rican citizens; and absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix the price of any goods, wares, or merchandize imported into, or exported from, the Republic of Costa Rica, as they shall see good, observing the laws and established customs of the country. The same privileges shall be enjoyed in the territories, dominions, and settlements of Her Britannic Majesty, by the citizens of the Republic of Costa Rica under the same conditions. Protection of Persons and Property.-Access to Law Courts.Employment of Lawyers.-National Treatment. The subjects and citizens of the High Contracting Parties shall reciprocally receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the Courts of Justice in the said countries, respectively, for the prosecution and defence of their just rights; and they shall be at liberty to employ in all causes the advocates, attorneys, or agents of whatever description, whom they may think proper; and they shall enjoy in this respect the same rights and privileges therein as native subjects or citizens. ARTICLE IX. Police of the Ports.-Loading and Unloading of Vessels.-Succession to and Disposal of Property.-Administration of Justice.Imposts, &c.--National Treatment. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of merchandize, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in any other manner whatsoever, as also the administration of justice; the subjects and citizens of the two High Contracting Parties shall reciprocally enjoy the same privileges, liberties, and rights, as native subjects or citizens; and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid, or may be paid, by native subjects or citizens; submitting, of course, to the local laws and regulations of each country, respectively. [536] R 2 |