The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

The same principles apply where there has been a mere loss of territory. Thus the obligations of Prussia remained the same after she had been deprived of almost one third of her territory by the Peace of Tilsit in 1807.40 Such loss of territory might, however, be conceivably so great as to make it practically impossible for a State to fulfill its legal obligations. "On the same principle, when a State is extinguished, and its territory incorporated with another State, the continuity of the annexing State and the obligations of its treaties are unaffected, and the treaties of the extinguished State fall to the ground."41 Thus, upon the "incorporation of the kingdom of Hanover in the Prussian monarchy, in 1860, the Hanoverian treaties of amity, commerce, navigation, extradition, and copyright ceased to exist. They were replaced by the Prussian treaties on the same subjects."42


BIBLIOGRAPHY

Recognition of States as International Persons. -- Bluntschli, Arts. 28-38; 1 Calvo, §§ 87-98; Chrétien, Principes de droit int. public ( 1893), Nos. 149-59; Creasy, First Platform of Int. Law ( 1876), 677-81; Despagnet, Nos. 79-85; * 1 Fauchille, Nos. 195-213; Fenwick, 103-08; 1 Fiore, Nos. 309-21, and Int. Law Cod., Arts. 165-82; Goebel, Recognition Policy of the U. S., in 66 Columbia University Studies ( 1915), No. 1; * Hall, § 2, p. 20, and § 26; 1 Halleck ( 3d ed.), 79-86; Heffter, § 23; Holtzendorff, in 2 Handbuch, 23-33; * 1 Hyde,

____________________
the full history of the French indemnities paid to citizens of the United States, see 5 Moore, Arbitrations, 4399-4485. For the history of the indemnity paid by the king of the Two Sicilies, see Ibid.,4575 ff. and especially 4576-4581 as to the principle of liability involved.
40
The same principles would apply where a State had increased its territory. "Even Sardinia, while enlarging its area to nearly four times its original size by the absorption of the rest of the Italian States, and after changing its name to that of the kingdom of Italy, did not consider its indentity to be destroyed, and held its existing treaties to be applicable as of course to the new provinces." Hall, 21-22n.
41
1 Westlake, pp. 59-60. As we shall see in the next chapter (p. 218), the latter part of this statement is too absolute. Not all treaties of the extinguished State are abrogated.
42
1 Rivier, 73. Cited by 1 Westlake, 60. Other instances mentioned by Westlake are the extinction of the commercial treaties of England and France with Texas after the incorporation of the State into our Federal Union in 1845, and the abrogation of the Tariff Conventions of England and the United States with Madagascar upon the annexation of this island by France in 1896. For a discussion of the latter case, see Lawrence ( 3d ed.), App. I, 647-51.

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