International Law. A Treatise Volume I Part 75

II

ALLIANCES

Grotius, II. c. 15--Vattel, III. ---- 78-102--Twiss, I. -- 246--Taylor, ---- 347-349--Wheaton, ---- 278-285--Bluntschli, ---- 446-449--Heffter, -- 92--Geffcken in Holtzendorff, III. pp.

115-139--Ullmann, -- 82--Bonfils, Nos. 871-881--Despagnet, No.

459--Merignhac, II. p. 683--Nys, III. pp. 554-557--Pradier-Fodere, II. Nos. 934-967--Rivier, II. pp. 111-116--Calvo, III. ---- 1587-1588--Fiore, II. No. 1094, and Code, Nos. 893-899--Martens, I. -- 113--Rolin-Jaequemyns in R.I. XX. (1888), pp. 5-35--Erich, "Ueber Allianzen und Allianzverhaltnisse nach heutigem Volkerrecht" (1907).

[Sidenote: Conception of Alliances.]

-- 569. Alliances in the strict sense of the term are treaties of union between two or more States for the purpose of defending each other against an attack in war, or of jointly attacking third States, or for both purposes. The term "alliance" is, however, often made use of in a wider sense, and it comprises in such cases treaties of union for various purposes. Thus, the so-called "Holy Alliance," concluded in 1815 between the Emperors of Austria and Russia and the King of Prussia, and afterwards joined by almost all of the Sovereigns of Europe, was a union for such vague purposes that it cannot be called an alliance in the strict sense of the term.

History relates innumerable alliances between the several States. They have always played, and still play, an important part in politics. At the present time the triple alliance between Germany, Austria, and Italy since 1879 and 1882, the alliance between Russia and France since 1899, and that between Great Britain and j.a.pan since 1902, renewed in 1905 and 1911, are ill.u.s.trative examples.[935]

[Footnote 935: The following is the text of the Anglo-j.a.panese treaty of Alliance of 1911:--

The Government of Great Britain and the Government of j.a.pan, having in view the important changes which have taken place in the situation since the conclusion of the Anglo-j.a.panese agreement of the 12th August 1905, and believing that a revision of that Agreement responding to such changes would contribute to general stability and repose, have agreed upon the following stipulations to replace the Agreement above mentioned, such stipulations having the same object as the said Agreement, namely:--

(_a_) The consolidation and maintenance of the general peace in the regions of Eastern Asia and of India;

(_b_) The preservation of the common interests of all Powers in China by insuring the independence and integrity of the Chinese Empire and the principle of equal opportunities for the commerce and industry of all nations in China;

(_c_) The maintenance of the territorial rights of the High Contracting Parties in the regions of Eastern Asia and of India, and the defence of their special interests in the said regions:--

ARTICLE I.

It is agreed that whenever, in the opinion of either Great Britain or j.a.pan, any of the rights and interests referred to in the preamble of this Agreement are in jeopardy, the two Governments will communicate with one another fully and frankly, and will consider in common the measures which should be taken to safeguard those menaced rights or interests.

ARTICLE II.

If by reason of unprovoked attack or aggressive action, wherever arising, on the part of any Power or Powers, either High Contracting Party should be involved in war in defence of its territorial rights or special interests mentioned in the preamble of this Agreement, the other High Contracting Party will at once come to the a.s.sistance of its ally, and will conduct the war in common, and make peace in mutual agreement with it.

ARTICLE III.

The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the objects described in the preamble of this Agreement.

ARTICLE IV.

Should either High Contracting Party conclude a treaty of general arbitration with a third Power, it is agreed that nothing in this Agreement shall entail upon such Contracting Party an obligation to go to war with the Power with whom such treaty of arbitration is in force.

ARTICLE V.

The conditions under which armed a.s.sistance shall be afforded by either Power to the other in the circ.u.mstances mentioned in the present Agreement, and the means by which such a.s.sistance is to be made available, will be arranged by the Naval and Military authorities of the High Contracting Parties, who will from time to time consult one another fully and freely upon all questions of mutual interest.

ARTICLE VI.

The present Agreement shall come into effect immediately after the date of its signature, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, _ipso facto_, continue until peace is concluded.

In faith whereof the undersigned, duly authorised by their respective Governments, have signed this Agreement, and have affixed thereto their Seals.

Done in duplicate at London, the 13th day of July 1911.]

[Sidenote: Parties to Alliance.]

-- 570. Subjects of alliances are said to be full-Sovereign States only.

But the fact cannot be denied that alliances have been concluded by States under suzerainty. Thus, the convention of April 16, 1877, between Roumania, which was then under Turkish suzerainty, and Russia, concerning the pa.s.sage of Russian troops through Roumanian territory in case of war with Turkey, was practically a treaty of alliance.[936]

Thus, further, the former South African Republic, although, at any rate according to the views of the British Government, a half-Sovereign State under British suzerainty, concluded an alliance with the former Orange Free State by treaty of March 17, 1897.[937]

[Footnote 936: See Martens, N.R.G. 2nd Ser. III. p. 182.]

[Footnote 937: See Martens, N.R.G. 2nd Ser. XXV. p. 327.]

A neutralised State can be the subject of an alliance for the purpose of defence, whereas the entrance into an offensive alliance on the part of such State would involve a breach of its neutrality.

[Sidenote: Different kinds of Alliances.]

-- 571. As already mentioned, an alliance may be offensive or defensive, or both. All three kinds may be either general alliances, in which case the allies are united against any possible enemy whatever, or particular alliances against one or more individual enemies. Alliances, further, may be either permanent or temporary, and in the latter case they expire with the period of time for which they were concluded. As regards offensive alliances, it must be emphasised that they are valid only when their object is not immoral.[938]

[Footnote 938: See above, -- 505.]

[Sidenote: Conditions of Alliances.]

-- 572. Alliances may contain all sorts of conditions. The most important are the conditions regarding the a.s.sistance to be rendered. It may be that a.s.sistance is to be rendered with the whole or a limited part of the military and naval forces of the allies, or with the whole or a limited part of their military or with the whole or a limited part of their naval forces only. a.s.sistance may, further, be rendered in money only, so that one of the allies is fighting with his forces while the other supplies a certain sum of money for their maintenance. A treaty of alliance of such a kind must not be confounded with a simple treaty of subsidy. If two States enter into a convention that one of the parties shall furnish the other permanently in time of peace and war with a limited number of troops in return for a certain annual payment, such convention is not an alliance, but a treaty of subsidy only. But if two States enter into a convention that in case of war one of the parties shall furnish the other with a limited number of troops, be it in return for payment or not, such convention really const.i.tutes an alliance. For every convention concluded for the purpose of lending succour in time of war implies an alliance. It is for this reason that the above-mentioned[939] treaty of 1877 between Russia and Roumania concerning the pa.s.sage of Russian troops through Roumanian territory in case of war against Turkey was really a treaty of alliance.

[Footnote 939: See above, -- 570.]

[Sidenote: _Casus Foederis._]

-- 573. _Casus foederis_ is the event upon the occurrence of which it becomes the duty of one of the allies to render the promised a.s.sistance to the other. Thus in case of a defensive alliance the _casus foederis_ occurs when war is declared or commenced against one of the allies. Treaties of alliance very often define precisely the event which shall be the _casus foederis_, and then the latter is less exposed to controversy. But, on the other hand, there have been many alliances concluded without such specialisation, and, consequently, disputes have arisen later between the parties as to the _casus foederis_.

That the _casus foederis_ is not influenced by the fact that a State, subsequent to entering into an alliance, concludes a treaty of general arbitration with a third State, has been pointed out above, -- 522.

III

TREATIES OF GUARANTEE AND OF PROTECTION

Vattel, II. ---- 235-239--Hall, -- 113--Phillimore, II. ---- 56-63--Twiss, I. -- 249--Halleck, I. p. 285--Taylor, ---- 350-353--Wheaton, -- 278--Bluntschli, ---- 430-439--Heffter, -- 97--Geffcken in Holtzendorff, III. pp. 85-112--Liszt, -- 22--Ullmann, -- 83--Fiore, Code, Nos. 787-791--Bonfils, Nos.

882-893--Despagnet, No. 461--Merignhac, II. p. 681--Nys, III. pp.

36-41--Pradier-Fodere, II. Nos. 969-1020--Rivier, II. pp.

97-105--Calvo, III. ---- 1584-1585--Martens, I. -- 115--Neyron, "Essai historique et politique sur les garanties"

(1779)--Milovanovitch, "Des traites de garantie en droit international" (1888)--Erich, "Ueber Allianzen und Allianzverhaltnisse nach heutigem Volkerrecht" (1907)--Quabbe, "Die volkerrechtliche Garantie" (1911).

[Sidenote: Conception and Object of Guarantee Treaties.]

-- 574. Treaties of guarantee are conventions by which one of the parties engages to do what is in its power to secure a certain object to the other party. Guarantee treaties may be mutual or unilateral. They may be concluded by two States only, or by a number of States jointly, and in the latter case the single guarantors may give their guarantee severally or collectively or both. And the guarantee may be for a certain period of time only or permanent.

The possible objects of guarantee treaties are numerous.[940] It suffices to give the following chief examples: the performance of a particular act on the part of a certain State, as the discharge of a debt or the cession of a territory; certain rights of a State; the undisturbed possession of the whole or a particular part of the territory; a particular form of Const.i.tution; a certain status, as permanent neutrality[941] or independence[942] or integrity[943]; a particular dynastic succession; the fulfilment of a treaty concluded by a third State.