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first five chapters of the final convention had been reduced to article form and passed, and although some further modifications might be necessary, there was no reason to suppose that these would involve any material change of substance. We had in fact, as one of the French delegates epigramatically remarked, painted in our picture, and what principally remained was to deal with the best manner of framing it-in other words, with the procedure to be laid down in regard to the ratification of the convention, its coming into force, the adhesion of outside Powers, and the methods and effects of denunciation. These matters raised difficult points, in regard to which there were a number of proposals still to be considered; but as the Drafting Committee was to reassemble some days before the full conference in order to consider aud report upon them, and was to be assisted by an eminent international jurist, M. Asser, whose valuable services had been procured by the kind offices of the Netherlands Foreign Minister, there was every reason to believe that the conference, on coming together again, would be able to terminate its labours very speedily.
75. When, however, we reassembled on the 8th January, we were confronted by very different state of things. Owing to an entirely fresh and novel scheme which had been suddenly put forward on behalf of the German delegation, the Drafting Committee had to address itself to questions of substance, which exceeded the limits even of its extended reference, in regard to what may be called the "effectuating" clauses of the convention, ie, the articles relating to adhesion, ratification, coming into force, &c. The committee accordingly confined itself to setting forth, and commenting upon, the various proposals made, in a very full and lucid report which dealt with other matters also, and which was formally received at the fifteenth session (9th January).
76. In that report the committee put before us :---
(i.) The original "effectuating" draft, as amended by the alterations made in that portion of it which the conference had considered at the twelfth session, vide paragraphs 63-64. Apart from some minor verbal modifications, the only point of difference between the draft as it then stood and that which the committee now submitted to us, was the omission of the condition, inserted at our suggestion, that ratification should take place within a year. This omission had been made at the instance of M. Asser, from whom the committee received most valuable assistance, on the ground that it was not expedient to tie down sovereign States to a fixed time ondition as regards ratification, which circumstances might preclude some of them from fulfilling.
As
It will be convenient hereafter to refer to this draft as the primary scheme. the committee justly remarked, this scheme was silent on the important points of the legislation required by the convention, and the date on which such legislation should
come into force.
77.—(ii.) (a.) The primary scheme as modified by the further British amendment referred to at the close of paragraph 64 above, which dealt with those matters, and which is in its final forma was as follows:--
(1.) The convention would come into force, as regards matters which did not require legislation, as soon as possible; and in any case within six months of its ratification by the participating Powers.
(2.) Laws necessary to give effect to the convention should be drawn up as soon as possible, but the date on which they would come into force was to be the subject of an agreement between the Powers, and to depend on the extent to which outside Powers materially interested had adhered.
The insertion of this last stipulation was of course with reference to the fact that the participating Powers were so few in number, and to meet the objections raised as to particular Powers sacrificing their trade interests by embarking ou legislation which other Powers might not adopt. We also desired to ensure that if the fresh conference, proposed by condition (5) of the primary scheme (paragraph 63) became necessary, should be confined to this point only. Generally speaking also, we desired, as the it committee observed, to give practical effect to the decisions of the conference with the least possible delay.
78.-(11.) (b.) Some further amendments to the project, as thus modified, suggested by the French delegation. That delegation pointed out that measures which in Western countries would require legislation would in some Eastern countries, as, for instance, in French Indo-China, be brought into effect by administrative enactment. Such enact- ments were consequently equivalent to the "laws" of Europe; but whereas the British scheme laid down that the coming into force of laws should be the subject of an
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agreement between the participating Powers, and should depend on the extent to which outside Powers materially interested might adhere, administrative regulations were to be put into effect without any such qualification. The French delegation therefore proposed that in the event of the agreement contemplated in regard to laws not being obtained, Governments which had meanwhile proceeded by administrative enactments might withdraw or modify them.
The French contention as to the equivalence, in certain circumstances, of adminis- trative enactments and laws, was one which we were bound to accept.
79.-(i.) M. Delbrück, the German member, had himself suggested the original scheme submitted by the Drafting Committee; nevertheless, he had now propounded an entirely new scheme, the main lines of which were as follows:-
(a.) Immediately after the signature of the convention by the conference delegates, all the outside Powers of Europe and America were to be invited to adhere.
(6.) When all these Powers had thus adhered to the convention, the process of ratification by all the Powers now concerned would commence, and would be carried into effect as soon as possible.
(c.) Adherence and ratification should be not merely for the home territories of any Power, but for its colonies and other outside possessions and protectorates also.
(d.) The convention would come into force a year after the completion of ratification by all the Powers concerned.
years
after
(e.) If, however, matters had not advanced to the ratification stage two the date of the signing of the convention by the delegates, a fresh conference should be held to consider conditious under which the convention might nevertheless bo brought into force, wholly or in part.
This project, which we shall refer to hereafter as the German scheme, involved an entirely new principle, viz., the subordination of ratification to adhesion; but M. Asser did not think there was any objection in principle to this, although his own preference
was for the usual method.
80. The reasons brought forward by M. Delbrück for this novel proposal were that the circumstances were also unprecedented, since some of the matters dealt with by the conference were of world-wide interest, and could not be adequately carried out by the small number of Powers represented at the conference, especially in view of the fact that some of the non-represented Powers occupied a very important position in regard to the questions under discussion, as, for instance, Turkey in regard to raw opium, and Bolivia and Peru (where the coca plant is principally produced) in regard to cocaine.
M. Delbrück argued further that, as regards Germany, the convention would require the ratification of the Reichstag, and (as he subsequently informed the conference) such ratification would, ipso facto, make the convention a portion of German law, so that it would be difficult to obtain such ratification while the attitude of outside Powers was unknown.
On the other hand, Sir William Collins had pointed out that this scheme as it stood, making ratification dependent on the adherence of all outside Powers of Europe and America, was likely to lead to indefinite delay in regard to the practical enforcement of the measures on which the couference had agreed.
81. Having set forth these points of view, the committee added that account must also be taken of the first three American resolutions brought forward at the fourteenth session of the conference (paragraph 72) which were of a mixed character, since they related in part to matters connected with the coming into force of the convention, and in part to specific restrictive measures, which would rather belong to the main articles than to effectuating clauses, and entered on the ground already covered in general terms by what is now article 20 of the convention.
82. The Drafting Committee also reported difficulties which had arisen as to the exact significance of the words "importation" and "exportation," as used in article 5 of the convention, on the subject of raw opium, and also in articles 7 and 8, and in some of the articles in chapter 3, in regard to prepared opium, morphine, cocaine, &c.
M. Delbrück had raised the point that these words might be taken as covering every transportation of goods across a frontier, with the result that there would be a constant intervention of the Customs Department, which might not be within the intention of all the delegations. Was it, therefore (the committee asked), the intention of the conference to require a special authorisation for importation or exportation from carriers, such as railway and steam companies, or was this obligation to be only incumbent on those who carried on actual trade ? If the latter was what the conference had in view, a definition of the terms seemed called for. Accordingly, on the advice
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