PUBLIC RECORD OFFICE
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Reference :-
C.O.88
18 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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6.-The Treaty Position as regards Participation of Foreign Vessels in this Trade.
The above account of the present state of facts as regards foreign participation in the carrying trade between the various parts of the Empire and of the corresponding practice of foreign countries, requires to be supplemented by a statement of the present Treaty position, i.e., of how far we are bound by Treaty to accord to foreign countries, and entitled by Treaty to claim from them, participation (1) in the United Kingdom coasting trade, (2) in the colonial coasting trade, (3) in the trade between the mother country and its over-sea colonies and possessions, (4) in the trade between the various colonies and possessions.
As regards the United Kingdom coasting trade, the present position seems to be that the countries entitled by Treaty to share in it are-Austria- Hungary, Greece, Honduras, Paraguay, Salvador, and possibly also Belgium (under the Exchange of Notes of 1898). Certain other countries, e.g., Japan, are entitled by Treaty to most-favoured-nation treatment as regards the United Kingdom coasting trade.
Certain countries, e.g., Sweden and Denmark, though having at prosent no Treaty claim to share in our coasting trade, make an express condition as to reciprocity in opening their own coasting trade to our vessels. For details, see Annex VI.
As regards the Colonial coasting trade, the present position is set out in Annex VII. It will be seen that there is no Treaty under which the right to share in the coasting trade of all our Colonies and Possessions is granted to any foreign country, but the Treaties with Austria-Hungary, Greece, and Salvador, and apparently also those with Honduras and Paraguay, concede this right with respect to certain Colonies.
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As regards Inter-Imperial trade (trade between the United Kingdom and British possessions, and trade between two or more British possessions). the treaty position depends to some extent on whether such trade is by legislation assimilated to coasting trade. If we decide to treat it as coasting trade, the position appears to be much the same as that shown above. If we regard it as foreign trade, the clauses under which such trade is open to foreign vessels are of two kinds :-(i) Clauses which provide that all goods carried on foreign vessels shall be treated in British ports on the same footing as similar goods carried on national vessels "from whatever place arriving," aud (ii) clauses which provide that foreign ships and their cargoes shall be treated in all respects as British ships and their
cargoes.
Failing Imperial legislation assimilating the trade to "coasting" trade, the following treaties would have to be denounced or revised in order to restrict the carrying trade from the Colonies to the United Kingdom to British ships-
Austria-Hungary. *Bulgaria.
Colombia.
Denmark.
Egypt.
France. Greece.
Italy. *Japan.
*Nicaragua.
*Roumania.
Russia.
Salvador.
Uruguay,
and probably also those with Honduras and Paraguay.
As regards the carrying trade to the Colonies from the United Kingdom and trade between one Colony and another, the situation in the same circumstances would appear to be different, as individual Colonies are not bound by precisely the same set of treaties. Generally, however, it may be said that the treaty objections to restricting the trade to the Colonies from the United Kingdom are less serious than those to restricting the trade in the opposite direction, owing to the fact that in many cases the Colonies have not become parties to the treaties.
• The Bulgarian and Japanese treaties cannot be terminated before 1911, the Nicaraguan not before 1916, and the Roumanian and Honduranean not before 1910. Most of the other treaties could now be terminated by giving twelve months' notice.
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The treaties which prevent the restriction by the Colonies of the trade to them from the United Kingdom, and between one Colony and another, to British ships are those with Austria-Hungary, Colombia, Egypt, Greece, Italy, Japan, Russia, Salvador, and Uruguay, and probably also those with Honduras and Paraguay.
7.-Treaty Engagements affecting Preferences to British Shipping.
The following is a list of the countries having treaties with the United Kingdom which appear to affect our right to grant preferences on importation to British goods on the ground of their being carried in British ships :-
Austria-Hungary. *Bulgaria.
Colombia. Denmark.
Egypt.
France.
Greece.
Italy. *Japan.
Liberia. Morocco.
Netherlands.
*Nicaragua.
*Roumania.
Russia. Salvador. Uruguay.
and probably also those with "Honduras and Paraguay.
All these treaties apply to the United Kingdom, but several of them are not applicable to British Colonies. Thus, the treaties with Denmark, France, and the Netherlands are not applicable to British possessions; that with Bulgaria has not yet been ratified, so that British possessions have not yet had the opportunity of adhering. The period during which British possessions are allowed to adhere to the Treaty with Nicaragua has not yet expired. Of the other treaties, five (those with Austria-Hungary, Colombia, Liberia, Morocco, and Russia) are applicable to all British possessions; the remaining nine (those, namely, with Egypt, Greece, Honduras, Italy, Japan, Paraguay, Roumania, Salvador, and Uruguay) are only applicable to the self-governing Colonies so far as they have exercised their right of adhering. As regards Greece, Honduras, and Uruguay, however, any Colony which has adhered to these Treaties can withdraw from them on the termination of due notice.
It should be noted that two of the Treaties (those with Liberia and with Morocco) cannot be "denounced "at all, but can only be abrogated by common consent, or by the conclusion of a new Treaty. Other treaties, as mentioned in the note on the previous page, cannot be denounced for some years.
Any Treaty which entitles ships of a foreign country to share in the carrying trade within the British Empire provides for the admission of British vessels to reciprocal privileges. In the case of the countries which do not grant reciprocity there is no Treaty obstacle to the exclusion of their vessels from our inter-imperial carrying trade either by Imperial legislation or by Order in Council under the Act of 1853.
8. Position of individual Self-Governing Colonies in relation to Treaties.
Canada.-There are no treaties which prevent the restriction of the coasting trade to British ships.
The treaties with Austria-Hungary, Russia, and Colombia would have to be revised by consent, or terminated, in order to permit of the restriction of the inter-imperial trade of the Dominion in the same way.
The same treaties would prevent the Dominion from confining preference to British goods carried in British ships, with the addition of those with Liberia and Morocco.†
Newfoundland.-The treaties with Salvador and Greece, and probably also that with Paraguay, affect the position of Newfoundland in regard to the
• See note on previons page.
† A treaty has also been concluded with Japan on behalf of Canada which applies the provisions of the Anglo-Japanese treaty to the intercourse, commerce, and navigation between Canada and Japan. This would affect preferences to any British goods transhipped in Japan for conveyance to Canada.
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ich prevent the restriction by the Colonies of the trade United Kingdom, and between one Colony and another, e those with Austria-Hungary, Colombia, Egypt, Greece, sia, Salvador, and Uruguay, and probably also those with iquay.
ngagements affecting Preferences to British Shipping.
s a list of the countries having treaties with the United pear to affect our right to grant preferences on importation the ground of their being carried in British ships :
stria-Hungary.
lgaria.
lombia.
nmark.
Liberia.
Morocco.
Netherlands.
"Nicaragua.
*Kouniania.
PUBLIC RECORD OFFICE
Reference :-
FC.O.885
COPYRIGHT
18 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- PHOTOGRAPH-NOT TO
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Russia.
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hose with Honduras and Paraguay.
es apply to the United Kingdom, but several of them are ritish Colonies. Thus, the treaties with Denmark, France, ds are not applicable to British possessions; that with yet been ratified, so that British possessions have not rtunity of adhering. The period during which British
wed to adhere to the Treaty with Nicaragua has not yet ther treaties, five (those with Austria-Hungary, Colombia,
id Russia) are applicable to all British possessions; the ose, namely, with Egypt, Greece, Honduras, Italy, Japan,
ia, Salvador, and Uruguay) are only applicable to the nies so far as they have exercised their right of adhering. , Honduras, and Uruguay, however, any Colony which se Treaties can withdraw from them on the termination of
oted that two of the Treaties (those with Liberia and with "denounced "at all, but can only be abrogated by common conclusion of a new Treaty. Other treaties, as mentioned revious page, cannot be denounced for some years.
ich entitles ships of a foreign country to share in the thin the British Empire provides for the admission of ciprocal privileges. În the case of the countries which do ty there is no Treaty obstacle to the exclusion of their iter-imperial carrying trade either by Imperial legislation ncil under the Act of 1853.
ndividual Self-Governing Colonies in relation to Treaties.
are no treaties which prevent the restriction of the ritish ships.
h Austria-Hungary, Russia, and Colombia would have to ent, or terminated, in order to permit of the restriction
1 trade of the Dominion in the same way.
es would prevent the Dominion from confining preference arried in British ships, with the addition of those with o.t
-The treaties with Salvador and Greece, and probably guay, affect the position of Newfoundland in regard to the
us page.
been concluded with Japan on behalf of Canada which applies the Japanese treaty to the intercourse, commerce, and navigation between
ids would affect preferences to any British goods transhipped in Japan
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