leaving by, or destined for a non-contracting state, except when a valid reason is shown for such transit by one of the other contracting states concerned. It is understood that for the purposes of this article, goods in transit under the flag of a contracting state shall, if no transhipment takes place, benefit by the advantages granted to that flag. ARTICLE 7 The measures of a general or particular character which a contracting state is obliged to take in case of an emergency affecting the safety of the state or the vital interests of the country may in exceptional cases, and for as short a period as possible, involve a deviation from the provisions of the above articles; it being understood that the principle of freedom of transit must be observed to the utmost possible extent. ARTICLE 8 This statute does not prescribe the rights and duties of belligerents and neutrals in time of war. The statute shall, however, continue in force in time of war so far as such rights and duties permit. ARTICLE 9 This statute does not impose upon a contracting state any obligations conflicting with its rights and duties as a member of the League of Nations. ARTICLE 10 The coming into force of this statute will not abrogate treaties, conventions and agreements on questions of transit concluded by contracting states before the 1st May 1921. In consideration of such agreements being kept in force, contracting states undertake, either on the termination of the agreement or when circumstances permit, to introduce into agreements so kept in force which contravene the provisions of this statute the modifications required to bring them into harmony with such provisions, so far as the geographical, economic or technical circumstances of the countries or areas concerned allow. Contracting states also undertake not to conclude in future treaties, conventions or agreements which are inconsistent with the provisions of this statute, except when geographical, economic or technical considerations justify exceptional deviations therefrom. Furthermore, contracting states may, in matters of transit, enter into regional understandings consistent with the principles of this statute. ARTICLE 11 This statute does not entail in any way the withdrawal of facilities which are greater than those provided for in the statute and have been granted, under conditions consistent with its principles, to traffic in transit across territory under the sovereignty or authority of a contracting state. The statute also entails no prohibitions of such grant of greater facilities in the future. ARTICLE 12 In conformity with Article 23 (e) of the Covenant of the League of Nations, any contracting state which can establish a good case against the application of any provision of this statute in some or all of its territory on the ground of the grave economic situation arising out of the acts of devastation perpetrated on its soil during the war 1914-1918, shall be deemed to be relieved temporarily of the obligations arising from the application of such provision, it being understood that the principle of freedom of transit must be observed to the utmost possible extent. ARTICLE 13 Any dispute which may arise as to the interpretation or application of this statute which is not settled directly between the parties themselves shall be brought before the Permanent Court of International Justice, unless, under a special agreement or a general arbitration provision, steps are taken for the settlement of the dispute by arbitration or some other means. Proceedings are opened in the manner laid down in Article 40 of the statute of the Permanent Court of International Justice. In order to settle such disputes, however, in a friendly way as far as possible, the contracting states undertake, before resorting to any judicial proceedings and without prejudice to the powers and right of action of the Council and of the Assembly, to submit such disputes for an opinion to any body established by the League of Nations, as the advisory and technical organization of the Members of the League in matters of communications and transit. In urgent cases, a preliminary opinion may recommend temporary measures intended, in particular, to restore the facilities for freedom of transit which existed before the act or occurrence which gave rise to the dispute. ARTICLE 14 In view of the fact that within or immediately adjacent to the territory of some of the contracting states there are areas or enclaves, small in extent and population in comparison with such territories, and that these areas or enclaves form detached portions or settlements of other parent states, and that it is impracticable for reasons of an administrative order to apply to them the provisions of this statute, it is agreed that these provisions shall not apply to them. The same stipulation applies where a colony or dependency has a very long frontier in comparison with its surface and where in consequence it is practically impossible to afford the necessary customs and police supervision. The states concerned, however, will apply in the cases referred to above a régime which will respect the principles of the present statute and facilitate transit and communications as far as practicable. ARTICLE 15 It is understood that this statute must not be interpreted as regulating in any way rights and obligations inter se of territories forming part or placed under the protection of the same sovereign state, whether or not these territories are individually members of the League of Nations. * Deemed to apply to Newfoundland, but not to Canada, South Africa or Australia. Sept. 2, 1923 Nov. 29, 1923 CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN TO AID IN THE PREVENTION OF THE SMUGGLING OF INTOXICATING LIQUORS INTO THE UNITED STATES1 Signed at Washington, January 23, 1924; ratifications exchanged at Washing ton, May 22, 1924 The President of the United States of America; And His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; Being desirous of avoiding any difficulties which might arise between them in connection with the laws in force in the United States on the subject of alcoholic beverages; 1 U. S. Treaty Series, No. 685. Have decided to conclude a convention for that purpose; And have appointed as their plenipotentiaries: The President of the United States of America: Charles Evans Hughes, Secretary of State of the United States; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: The Right Honorable Sir Auckland Campbell Geddes, G. C. M. G., K. C. B., His Ambassador Extraordinary and Plenipotentiary to the United States of America; Who, having communicated their full powers found in good and due form, have agreed as follows: ARTICLE I The high contracting parties declare that it is their firm intention to uphold the principle that three marine miles extending from the coastline outwards and measured from low-water mark constitute the proper limits of territorial waters. ARTICLE II (1) His Britannic Majesty agrees that he will raise no objection to the boarding of private vessels under the British flag outside the limits of territorial waters by the authorities of the United States, its territories or possessions in order that enquiries may be addressed to those on board and an examination be made of the ship's papers for the purpose of ascertaining whether the vessel or those on board are endeavoring to import or have imported alcoholic beverages into the United States, its territories or possessions in violation of the laws there in force. When such enquiries and examination show a reasonable ground for suspicion, a search of the vessel may be instituted. (2) If there is reasonable cause for belief that the vessel has committed or is committing or attempting to commit an offense against the laws of the United States, its territories or possessions prohibiting the importation of alcoholic beverages, the vessel may be seized and taken into a port of the United States, its territories or possessions for adjudication in accordance with such laws. (3) The rights conferred by this article shall not be exercised at a greater distance from the coast of the United States its territories or possessions than can be traversed in one hour by the vessel suspected of endeavoring to commit the offense. In cases, however, in which the liquor is intended to be conveyed to the United States its territories or possessions by a vessel other than the one boarded and searched, it shall be the speed of such other vessel and not the speed of the vessel boarded, which shall determine the distance from the coast at which the right under this article can be exercised. ARTICLE III No penalty or forfeiture under the laws of the United States shall be applicable or attach to alcoholic liquors or to vessels or persons by reason of the carriage of such liquors, when such liquors are listed as sea stores or cargo destined for a port foreign to the United States, its territories or possessions on board British vessels voyaging to or from ports of the United States, or its territories or possessions or passing through the territorial waters thereof, and such carriage shall be as now provided by law with respect to the transit of such liquors through the Panama Canal, provided that such liquors shall be kept under seal continuously while the vessel on which they are carried remains within said territorial waters and that no part of such liquors shall at any time or place be unladen within the United States, its territories or possessions. ARTICLE IV Any claim by a British vessel for compensation on the grounds that it has suffered loss or injury through the improper or unreasonable exercise of the rights conferred by Article II of this treaty or on the ground that it has not been given the benefit of Article III shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the high contracting parties. Effect shall be given to the recommendations contained in any such joint report. If no joint report can be agreed upon, the claim shall be referred to the Claims Commission established under the provisions of the Agreement for the settlement of outstanding pecuniary claims signed at Washington the 18th August, 1910, but the claim shall not, before submission to the tribunal, require to be included in a schedule of claims confirmed in the manner therein provided. ARTICLE V This treaty shall be subject to ratification and shall remain in force for a period of one year from the date of the exchange of ratifications. Three months before the expiration of the said period of one year, either of the high contracting parties may give notice of its desire to propose modifications in the terms of the treaty. If such modifications have not been agreed upon before the expiration of the term of one year mentioned above, the treaty shall lapse. If no notice is given on either side of the desire to propose modifications, the treaty shall remain in force for another year, and so on automatically, but subject always in respect of each such period of a year to the right on either side to propose as provided above three months before its expiration modifications in the treaty, and to the provision that if such modifications are not agreed upon before the close of the period of one year, the treaty shall lapse. |