of a plain meaning, the spirit of the treaty or a reasonable meaning should prevail. (4) Unless the fundamental rights of states are expressly the subject of the agreement, these rights are not involved. (5) That which is clearly granted by the treaty carries with it what is necessary for its realization.

Cases of conflicting clauses.

(b) In the cases of conflicting clauses in a single treaty or conflicting treaties, the general rules are: (1) Special clauses prevail against general clauses; prohibitory against permissive, unless the prohibitory is general and the permissive special; of two prohibitory clauses, the one more distinctly mandatory prevails; of two similar obligatory clauses the state in whose favor the obligation runs may choose which shall be observed. (2) In case of conflict in treaties between the same states the later prevails; in case a later treaty with a third state conflicts with an earlier treaty with other states, the earlier treaty prevails.1

"The most favored nation" clause.

(c) "The most favored nation" clause is now common in treaties of commercial nature. This clause ordinarily binds the state to grant to its co-signer all the privileges similarly granted to all other states, and such as shall be granted under subsequent treaties. When privileges are granted by one state in exchange for privileges granted by another, as in a reciprocal reduction in tariff duties, a third state can lay claim to like reduction only upon fulfillment of like conditions. Under "the most favored nation" clause, Art. VIII, of the Treaty of 1803, between France and the United States, France claimed that its ships were entitled to all the privileges granted to any other nation whether so granted in return for special concessions or not. This position the United States

1 For the subject of interpretation, see Hall, p. 335 ff.; 2 Phillimore, Pt V, Ch. VIII; Calvo, §§ 1649-1650; Pradier-Fodéré, §§ 1171-1188.

refused to accept, and by Article VII of the Treaty of 1831 France renounced the claims.1

89. Termination of Treaties

Treaties in general come to an end under the following conditions:

(a) The complete fulfillment of all the treaty stipulations terminates a treaty.

(b) The expiration of the limit of time for which the treaty agreement was made puts an end to the treaty.

(c) A treaty may be terminated by express agreement of the parties to it.

(d) When a treaty depends upon the execution of conditions contrary to the principles of international law or morality or impossible of performance, it is not effective.

(e) A state may renounce the advantages and rights secured under a treaty, e.g. England renounced the protectorate of the Ionian Islands in 1864, which she had held since 1815.

(f) A declaration of war may put an end to those treaties which have regard only to conditions of peaceful relations, as treaties of alliance, commerce, navigation, etc., and may suspend treaties which have regard to permanent conditions, as treaties of cession, boundaries, etc. The treaty of peace between China and Japan, May 8, 1895, Article 6, asserts that, "All treaties between Japan and China having come to an end in consequence of the war, China engages, immediately upon the exchange of ratifications of this act, to appoint plenipotentiaries to conclude, with the Japanese plenipotentiaries, a treaty of commerce and navigation, and a convention to regulate frontier intercourse and trade." In the

1 For discussion of the "most favored nation" clause, see 2 Whart., §134, also Appendix to Vol. III, p. 888; J. R. Herod, "Favored Nation Treatment," 5 Moore, 257.

war between the United States and Spain the royal decree issued by Spain, April 23, 1898, Article I, asserts that "The state of war existing between Spain and the United States terminates the treaty of peace and friendship of the 27th October, 1795, the protocol of the 12th January, 1877, and all other agreements, compacts, and conventions that have been in force up to the present between the two countries." The declaration of war also gives special effect to certain treaties and conventions, as to those in regard to care of wounded, neutral commerce, etc.

(g) A treaty is voidable when, (1) it is concluded in excess of powers of contracting parties, (2) when it is concluded because of stress of force upon negotiators or because of fraud, (3) when the conditions threaten the self-preservation of the state or its necessary attributes. Hall gives as the test of voidability the following: "Neither party to a contract can make its binding effect dependent at his will upon conditions other than those contemplated at the moment when the contract was entered into, and on the other hand a contract ceases to be binding so soon as anything which formed an implied condition of its obligatory force at the time of its conclusion is essentially altered." The condition rebus sic stantibus is always implied.2

(h) A treaty may be terminated by the simple act of denunciation when this right of denunciation is specified in the treaty itself, or when the treaty is of such a nature as to be voidable by an act of one of the parties. "There can be no question that the breach of a stipulation which is material to the main object, or if there are several, to one of the main objects, liberates the party other than that committing the breach from the obligations of the contract; but it would be seldom that the infraction of an article which is either disconnected from the main object or is unimportant whether 1 Hall, p. 351.

'Hooper, Adm'r v. United States, 22 Ct., Cl. 408.

originally or by change of circumstances, with respect to it, could in fairness absolve the other party from performance of his share of the rest of the agreement, though if he had suffered any appreciable harm through the breach he would have a right to exact reparation, and end might be put to the treaty as respects the subject-matter of the broken stipulation." 1

1 Hall, p. 353.

OUTLINE OF CHAPTER XV

AMICABLE SETTLEMENT OF DISPUTES AND NONHOSTILE REDRESS

90. THE AMICABLE SETTLEMENT OF DISPUTES.

(a) By diplomatic negotiation.

(b) By the good offices of a third state.

(c) By the International Commission of Inquiry.

(d) By conferences and congresses.

(e) By arbitration.

(1) The Permanent Court of Arbitration at The Hague.

91. METHODS OF NON-HOSTILE REDRESS.

92. RETORSION.

93. REPRISALS.

94. EMBARGO.

95. PACIFIC BLOCKADE.

(a) Instances of pacific blockades.

(b) Present attitude toward pacific blockade.